---
title: "Art. 83 AI Act: Formal non-compliance"
canonical: "https://dposchool.com/ai-act/article/83"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02024R1689-20260727#art_83"
source_note: "Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-07-27"
language: "en"
publisher: "DPO School"
---

Art. 83 AI Act · Chapter IX: POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCE · Section 3: Enforcement

# Article 83 AI Act: Formal non-compliance

Consolidated text of 27 July 2026. Retrieved 30 October 2026.

## Official text

### Article 83(1)

**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:

#### Article 83(1)(a)

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

#### Article 83(1)(b)

**(b)** the CE marking has not been affixed;

#### Article 83(1)(c)

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

#### Article 83(1)(d)

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

#### Article 83(1)(e)

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

#### Article 83(1)(f)

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

#### Article 83(1)(g)

**(g)** technical documentation is not available.

### Article 83(2)

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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.

## Source

Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 83 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02024R1689-20260727#art_83)

Consolidated text of 27 July 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

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