Source: OJ L, 2024/1689, 12.7.2024
EN- Artificial intelligence act
Basic legislative acts
- AI act regulation
Article 79 Procedure at national level for dealing with AI systems presenting a risk
AI systems presenting a risk means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; shall be understood as a ‘product presenting a risk means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident;’ as defined in Article 3, point 19 of Regulation (EU) 2019/1020, in so far as they present risks means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; to the health or safety, or to fundamental rights, of persons.
Where the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; of a Member State has sufficient reason to consider an AI system to present a risk means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; as referred to in paragraph 1 of this Article, it 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. Particular attention shall be given to AI systems presenting a risk means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; to vulnerable groups means a group as defined in Article 2, point (11), of Directive 2013/34/EU;. Where risks means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; to fundamental rights are identified, the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall also inform and fully cooperate with the relevant national public authorities means any government or other public administration entity, including national central banks. or bodies referred to in Article 77(1). The relevant operators shall cooperate as necessary with the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; and with the other national public authorities means any government or other public administration entity, including national central banks. or bodies referred to in Article 77(1).
Where, in the course of that evaluation, the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; or, where applicable the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; in cooperation with the national public authority means any government or other public administration entity, including national central banks. referred to in Article 77(1), finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without undue delay 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 means recall as defined in Article 3, point (22), of Regulation (EU) 2019/1020; it within a period the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; may prescribe, and in any event within the shorter of 15 working days, or as provided for in the relevant Union harmonisation legislation means Union legislation listed in Annex I to Regulation (EU) 2019/1020 and any other Union legislation harmonising the conditions for the marketing of products to which that Regulation applies;.
The market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall inform the relevant notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; accordingly. Article 18 of Regulation (EU) 2019/1020 shall apply to the measures referred to in the second subparagraph of this paragraph.
Where the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; 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 which it has required the operator to take.
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.
Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall take all appropriate provisional measures to prohibit or restrict the AI system’s 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 means recall as defined in Article 3, point (22), of Regulation (EU) 2019/1020; it. That authority shall without undue delay notify the Commission and the other Member States of those measures.
The notification referred to in paragraph 5 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 means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator. In particular, the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall indicate whether the non-compliance is due to one or more of the following:
non-compliance with the prohibition of the AI practices referred to in Article 5;
a failure of a high-risk AI system to meet requirements set out in Chapter III, Section 2;
shortcomings in the harmonised standards means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012; or common specifications referred to in Articles 40 and 41 conferring a presumption of conformity;
non-compliance with Article 50.
The market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; other than the market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; of the Member State initiating the procedure 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, and, in the event of disagreement with the notified national measure, of their objections.
Where, within three months of receipt of the notification referred to in paragraph 5 of this Article, no objection has been raised by either a market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; of a Member State or by the Commission in respect of a provisional measure taken by a market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; of another Member State, that measure shall be deemed justified. This shall be without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The three-month period referred to in this paragraph shall be reduced to 30 days in the event of non-compliance with the prohibition of the AI practices referred to in Article 5 of this Regulation.
The market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall ensure that appropriate restrictive measures are taken in respect of the product or the AI system concerned, such as withdrawal means withdrawal as defined in Article 3, point (23), of Regulation (EU) 2019/1020; of the product or the AI system from their market, without undue delay.
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