EU Artificial Intelligence Act

Article 68 – Formal non-compliance

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:

(a)the conformity marking has been affixed in violation of Article 49;

(b)the conformity marking has not been affixed;

(c)the EU declaration of conformity has not been drawn up;

(d)the EU declaration of conformity has not been drawn up correctly;

(e)the identification number of the notified body, which is involved in the conformity assessment procedure, where applicable, has not been affixed;

2.Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the high-risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market.