# Article 83: Formal non-compliance

> EU AI Act (2024/1689)
> Chapter 9 Post-market Monitoring, Information Sharing and Market Surveillance — Section 3: Enforcement
> Source: https://en.ai-act.io/article/post-market-monitoring-information-sharing-and-market-surveillance/enforcement/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, within a period it may prescribe:
(a) the CE marking has been affixed in violation of [Article 48](https://en.ai-act.io/article/high-risk-ai-systems/standards-conformity-assessment-certificates-registration/ce-marking.md);
(b) the CE marking has not been affixed;
(c) the EU declaration of conformity referred to in [Article 47](https://en.ai-act.io/article/high-risk-ai-systems/standards-conformity-assessment-certificates-registration/eu-declaration-of-conformity.md) has not been drawn up;
(d) the EU declaration of conformity referred to in [Article 47](https://en.ai-act.io/article/high-risk-ai-systems/standards-conformity-assessment-certificates-registration/eu-declaration-of-conformity.md) has not been drawn up correctly;
(e) the registration in the EU database referred to in [Article 71](https://en.ai-act.io/article/eu-database-for-high-risk-ai-systems/eu-database-for-high-risk-ai-systems-listed-in-annex-iii.md) has not been carried out;
(f) where applicable, no authorised representative has been appointed;
(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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.