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

Article 83
Formal non-compliance

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. 2 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02. 2 reach legal practice directly.

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. 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:

  1. (a)the CE marking has been affixed in violation of Article 48;
  2. (b)the CE marking has not been affixed;
  3. (c)the EU declaration of conformity referred to in Article 47 has not been drawn up;
  4. (d)the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;
  5. (e)the registration in the EU database referred to in Article 71 has not been carried out;
  6. (f)where applicable, no authorised representative has been appointed;
  7. (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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.

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. 83(1)Enforcement powerHigh-risklegal practice

    When formal non-compliance is found, including CE marking, EU declaration, database registration, authorised-representative or technical-documentation failures, the authority must require the provider to end it.

    "it shall require the relevant provider to put an end to the non-compliance concerned, within a period it may prescribe"
    Who
    Market surveillance authority, Provider
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal practice directly — High-risk legal-AI providers can be required to fix formal compliance failures.
    See
    Art. 47 · Art. 48 · Art. 71

  2. Art. 83(2)Enforcement powerHigh-risklegal practice

    If formal non-compliance persists, the authority must take proportionate measures to restrict, prohibit, recall or withdraw the high-risk AI system without delay.

    "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"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal practice directly — Persistent formal failures can remove a high-risk legal-AI system from the market.
    See
    Art. 83(1)

Cite

Regulation (EU) 2024/1689, Article 83 (Formal non-compliance), 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_83 — 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-83, accessed 2026-09-08, CC BY 4.0.