AI Act Article 79: Obligations, Deadlines & Penalties

The market surveillance authority 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 if it has sufficient reason to consider the system presents a risk. Regulation (EU) 2024/1689, Article 79, Article 79

Where risks to fundamental rights are identified, the market surveillance authority shall inform and fully cooperate with the relevant national public authorities or bodies referred to in Article 77(1). Regulation (EU) 2024/1689, Article 79, Article 79

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). Regulation (EU) 2024/1689, Article 79, Article 79

If the AI system is found non-compliant, the market surveillance authority shall 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. Regulation (EU) 2024/1689, Article 79, Article 79

The operator must take corrective actions, withdraw the system, or recall it within the period prescribed by the authority, and in any event within the shorter of 15 working days or as provided for in relevant Union harmonisation legislation. Regulation (EU) 2024/1689, Article 79, Article 79

The market surveillance authority shall inform the relevant notified body accordingly when requiring corrective actions, withdrawal, or recall. Regulation (EU) 2024/1689, Article 79, Article 79

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 required. Regulation (EU) 2024/1689, Article 79, Article 79

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. Regulation (EU) 2024/1689, Article 79, Article 79

Where the operator does not take adequate corrective action within the prescribed period, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI systems 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. Regulation (EU) 2024/1689, Article 79, Article 79

The market surveillance authority shall without undue delay notify the Commission and the other Member States of the provisional measures taken due to operator non-compliance. Regulation (EU) 2024/1689, Article 79, Article 79

The notification 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. Regulation (EU) 2024/1689, Article 79, Article 79

The market surveillance authorities other than the initiating authority 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. Regulation (EU) 2024/1689, Article 79, Article 79

In the event of disagreement with the notified national measure, the market surveillance authorities other than the initiating authority shall inform the Commission and the other Member States of their objections. Regulation (EU) 2024/1689, Article 79, Article 79

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. Regulation (EU) 2024/1689, Article 79, Article 79