---
id: art-83
lang: en
type: article
number: "83"
amended_by: null
capture: regulation-2024-1689/en-2026-08-18.html
capture_sha256: 8f0b656302f9864cc87e040c371f209a9d65ae1a6cecc25ca5eb737e872d721a
eli: http://data.europa.eu/eli/reg/2024/1689/oj
authoritative: false
---

> Derived text, not the authentic source. Claims cite the capture and the Official Journal.

# Article 83 — Formal non-compliance

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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.