Skip to content

Regulation Tracker / EU AI Act / Chapter IX · Section 3

Article 79
Procedure at national level for dealing with AI systems presenting a risk

Chapter IX — Post-market monitoring by providers and post-market monitoring plan for high-risk AI systems, Section 3 — Market surveillance and control of AI systems in the Union market. 8 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02. 4 reach legal practice directly.

Amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI), in force 2026-07-27 — about 143 words changed. The text below is the consolidated version of 27 July 2026; the 2024 text and the amending regulation are on EUR-Lex.

official text: EUR-Lex (consolidated 27 Jul 2026) · text © European Union (Decision 2011/833/EU) · coding CC BY 4.0 · data: obligations.json · Hugging Face · GitHub

The text

1. AI systems presenting a risk shall be understood as a ‘product presenting a risk’ as defined in Article 3, point 19 of Regulation (EU) 2019/1020, in so far as they present risks to the health or safety, or to fundamental rights, of persons.

2. Where the market surveillance authority of a Member State has sufficient reason to consider an AI system to present a risk as referred to in paragraph 1 of this Article, 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. Particular attention shall be given to AI systems presenting a risk to vulnerable groups. Where risks to fundamental rights are identified, the market surveillance authority shall also inform and fully cooperate with the relevant national public authorities or bodies referred to in Article 77(1). 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).

3. Where the market surveillance authority considers that the non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take.

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 the following:

  1. (a)non-compliance with the prohibition of the AI practices referred to in Article 5;
  2. (b)a failure of a high-risk AI system to meet requirements set out in Chapter III, Section 2;
  3. (c)shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 conferring a presumption of conformity;
  4. (d)non-compliance with Article 50.

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.

8. Where, within three months of receipt of the notification referred to in paragraph 5 of this Article, no objection has been raised by either a market surveillance authority of a Member State or by the Commission in respect of a provisional measure taken by a market surveillance authority of another Member State, that measure shall be deemed justified. This shall be without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The three-month period referred to in this paragraph shall be reduced to 30 days in the event of non-compliance with the prohibition of the AI practices referred to in Article 5 of this Regulation.

9. The market surveillance authorities shall ensure that appropriate restrictive measures are taken in respect of the product or the AI system concerned, such as withdrawal of the product or the AI system from their market, without undue delay.

What it requires, coded

SafeLegalAI's reading of each duty in this article: who, what, from when, under which fine tier, and whether it reaches a firm, chambers, court or legal-AI vendor. Descriptive, not advice; the quoted words are the Regulation's.

  1. Art. 79(1)Scope or definitionAll AI systems

    For market-surveillance procedure, AI systems presenting health, safety or fundamental-rights risks are treated as products presenting a risk under Regulation 2019/1020.

    "AI systems presenting a risk shall be understood as a ‘product presenting a risk’ as defined in Article 3, point 19 of Regulation (EU) 2019/1020"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — This frames regulatory action for risky legal-AI systems that affect rights, health or safety.
    See
    Regulation (EU) 2019/1020 Article 3(19)

  2. Art. 79(2)Enforcement powerAll AI systemslegal practice

    Where a Member State market surveillance authority has sufficient reason to consider an AI system risky, it must evaluate compliance, pay particular attention to vulnerable groups, cooperate with Article 77 bodies when fundamental-rights risks appear, and operators must cooperate as necessary.

    "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."
    Who
    Market surveillance authority, Any operator
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal practice directly — Risk evaluations can cover legal-AI systems affecting clients, litigants, employees or vulnerable groups.
    See
    Art. 77(1)

  3. Art. 79(3)Cooperation with authoritiesAll AI systems

    If non-compliance is not restricted to its territory, the market surveillance authority must inform the Commission and other Member States without undue delay of evaluation results and required operator actions.

    "it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take."
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — Cross-border legal-AI deployments may prompt EU-wide notices of required operator actions.
    See
    Art. 79(2)

  4. Art. 79(4)Cooperation with authoritiesAll AI systemslegal practice

    The operator must ensure all appropriate corrective action is taken for all AI systems concerned that it has made available on the Union market.

    "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."
    Who
    Any operator
    From
    (Art. 113 second subparagraph (general application))
    Fine tier
    Art. 99(4)
    Legal practice
    Reaches legal practice directly — Legal-AI providers or other operators must remedy risky systems they made available in the Union.
    See
    Art. 79(2)

  5. Art. 79(5)Enforcement powerAll AI systemslegal practice

    If the AI system operator fails to take adequate corrective action in time, the market surveillance authority must take provisional measures to prohibit, restrict, withdraw or recall the AI system and notify the Commission and other Member States.

    "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"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal practice directly — Risky legal-AI systems can be restricted, withdrawn or recalled if operators do not correct them.
    See
    Art. 79(2)

  6. Art. 79(6)Cooperation with authoritiesAll AI systems

    The provisional-measure notification must include identifying, origin, supply-chain, non-compliance, risk, measure and operator-argument details and state whether the issue concerns Article 5, Chapter III Section 2, standards or Article 50.

    "The notification referred to in paragraph 5 shall include all available details"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — This structures regulator notices that may concern prohibited, high-risk or transparency obligations in legal-sector AI.
    See
    Art. 5 · Chapter III Section 2 · Art. 40 · Art. 41 · Art. 50

  7. Art. 79(7)Cooperation with authoritiesAll AI systems

    Other Member State market surveillance authorities must inform the Commission and Member States without undue delay of measures, additional information or objections concerning the notified non-compliance.

    "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"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — This coordinates national responses to risky legal-AI systems across Member States.
    See
    Art. 79(5)

  8. Art. 79(8)Enforcement powerAll AI systemslegal practice

    If no objection is raised within three months, or within 30 days for Article 5 non-compliance, another authority provisional measure is deemed justified; market surveillance authorities must then ensure appropriate restrictive measures without undue delay.

    "that measure shall be deemed justified."
    Who
    Market surveillance authority, Commission
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal practice directly — Uncontested restrictions can become justified and lead to wider restrictive measures affecting legal-AI systems.
    See
    Art. 5 · Art. 79(9)

Cite

Regulation (EU) 2024/1689, Article 79 (Procedure at national level for dealing with AI systems presenting a risk), as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026, https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27/eng#art_79 — text © European Union; only the Official Journal is authentic. Coding: SafeLegalAI (published by Cognesio LLP), "EU AI Act, structured", safelegalai.com/regulation/eu-ai-act/article-79, accessed 2026-09-08, CC BY 4.0.