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Article 83: Formal non-compliance

Article 83, Regulation (EU) 2024/1689

Governance and enforcementAuthorityProvider

1. Where the market surveillance authority of a Member State makes one of the following findings, it shall require the relevant provider to put an end to the non-compliance concerned, within a period it may prescribe:

(a) the CE marking has been affixed in violation of Article 48;

(b) the CE marking has not been affixed;

(c) the EU declaration of conformity referred to in Article 47 has not been drawn up;

(d) the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;

(e) the registration in the EU database referred to in Article 71 has not been carried out;

(f) where applicable, no authorised representative has been appointed;

(g) technical documentation is not available.

2. Where the non-compliance referred to in paragraph 1 persists, the market surveillance authority of the Member State concerned shall take appropriate and proportionate measures to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.

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Mechanically consolidated from the official OJ texts of Regulations (EU) 2024/1689 and 2026/1744 (the Digital Omnibus, in force 27 July 2026); unofficial pending the official EUR-Lex consolidation. Study aid, not legal advice; the official texts on EUR-Lex are authoritative.

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