> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/mica.wtf/ai-act/chapter-ix-post-market-monitoring-information-sharing-and-market-surveillance-art.-72-94/83.md).

# Art. 83 — Formal non-compliance

1. Where the [market surveillance authority](https://headlesslaw.com/definitions/ai-act/market-surveillance-authority/) of a Member State makes one of the following findings, it shall require the relevant [provider](https://headlesslaw.com/definitions/ai-act/provider/) to put an end to the non-compliance concerned, within a period it may prescribe:
   1. the [CE marking](https://headlesslaw.com/definitions/ai-act/ce-marking/) has been affixed in violation of [Article 48](/mica.wtf/ai-act/chapter-iii-high-risk-ai-systems-art.-6-49/48.md);
   2. the CE marking has not been affixed;
   3. the EU declaration of conformity referred to in [Article 47](/mica.wtf/ai-act/chapter-iii-high-risk-ai-systems-art.-6-49/47.md) has not been drawn up;
   4. the EU declaration of conformity referred to in [Article 47](/mica.wtf/ai-act/chapter-iii-high-risk-ai-systems-art.-6-49/47.md) has not been drawn up correctly;
   5. the registration in the EU database referred to in [Article 71](/mica.wtf/ai-act/chapter-viii-eu-database-for-high-risk-ai-systems-art.-71/71.md) has not been carried out;
   6. where applicable, no [authorised representative](https://headlesslaw.com/definitions/ai-act/authorised-representative/) has been appointed;
   7. 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](https://headlesslaw.com/definitions/ai-act/ai-system/) being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.


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