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Article 79

Procedure at national level for dealing with AI systems presenting a risk

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024R1689#art_79 ↗
Regulators & Authorities Article 79(2)

Market surveillance authority must carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation

Show source text · Article 79(2)
it shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation
Other Parties Article 79(2)

Relevant operator must cooperate as necessary with the market surveillance authority and with the other national public authorities or bodies

Show source text · Article 79(2)
The relevant operators shall cooperate as necessary with the market surveillance authority and with the other national public authorities or bodies referred to in Article 77(1).
Regulators & Authorities Article 79(2) Deadline: within the shorter of 15 working days, or as provided for in the relevant Union harmonisation legislation

Market surveillance authority must require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it

Show source text · Article 79(2)
it shall without undue delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it within a period the market surveillance authority may prescribe, and in any event within the shorter of 15 working days, or as provided for in the relevant Union harmonisation legislation.
Other Parties Article 79(4)

Operator must ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market.

Show source text · Article 79(4)
The operator shall ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market.
Other Parties Article 79(5) Deadline: within the period referred to in paragraph 2

Operator must take adequate corrective action within the period referred to in paragraph 2.

Show source text · Article 79(5)
Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2
Regulators & Authorities

Market surveillance authority must take all appropriate provisional measures to prohibit or restrict the AI system’s being made available on its national market or put into service, to withdraw the product or the standalone AI system from that market or to recall it.

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4. The operator shall ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market.

5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system’s being made available on its national market or put into service, to withdraw the product or the standalone AI system from that market or to recall it. That authority shall without undue delay notify the Commission and the other Member States of those measures.
6. The notification referred to in paragraph 5 shall include all available details, in particular the information necessary for the identification of the non-compliant AI system, the origin of the AI system and the supply chain, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to one or more of t
Regulators & Authorities Article 79(5) Deadline: without undue delay

Market surveillance authority must notify the Commission and the other Member States of those measures without undue delay.

Show source text · Article 79(5)
That authority shall without undue delay notify the Commission and the other Member States of those measures.
Regulators & Authorities Article 79(6)

Market surveillance authority must provide all available details, in particular the information necessary for the identification of the non-compliant AI system, the origin of the AI system and the supply chain, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator.

Show source text · Article 79(6)
The notification referred to in paragraph 5 shall include all available details, in particular the information necessary for the identification of the non-compliant AI system, the origin of the AI system and the supply chain, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator.
Regulators & Authorities Article 79(7) Deadline: without undue delay

Market surveillance authorities (other than the initiating authority) must inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the AI system concerned, and, in the event of disagreement with the notified national measure, of their objections.

Show source text · Article 79(7)
The market surveillance authorities other than the market surveillance authority of the Member State initiating the procedure shall, without undue delay, inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the AI system concerned, and, in the event of disagreement with the notified national measure, of their objections.

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