# Article 79 - Procedure at national level for dealing with AI systems presenting a risk

1.
AI systems presenting a risk shall be understood as a ‘product presenting a risk’ as defined in Article 3, point 19 of 
Regulation (EU) 2019/1020, in so far as they present risks to the health or safety, or to fundamental rights, of persons.
2.
Where the market surveillance authority of a Member State has sufficient reason to consider an AI system to present 
a risk 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 to vulnerable groups. Where risks to fundamental rights are identified, the market surveillance 
authority shall also inform and fully cooperate with the relevant national public authorities or bodies referred to in Article 
77(1). 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).

Where, in the course of that evaluation, the market surveillance authority or, where applicable the market surveillance 
authority in cooperation with the national public authority 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 it within a period the market surveillance authority may prescribe, and in any event within the 
shorter of 15 working days, or as provided for in the relevant Union harmonisation legislation.
The market surveillance authority shall inform the relevant notified body accordingly. Article 18 of Regulation (EU) 
2019/1020 shall apply to the measures referred to in the second subparagraph of this paragraph.
3.
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 which it has required the operator to take.
4.
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.
5.
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 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 it. That authority shall without undue delay notify the Commission and the other 
Member States of those measures.
6.
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 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 shall indicate whether the 
non-compliance is due to one or more of the following:
(a) non-compliance with the prohibition of the AI practices referred to in Article 5;
(b) a failure of a high-risk AI system to meet requirements set out in Chapter III, Section 2;
(c) shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 conferring 
a presumption of conformity;
(d) non-compliance with Article 50.
7.
The market surveillance authorities other than the market surveillance authority 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.
8.
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 of a Member State or by the Commission in respect of a provisional 
measure taken by a market surveillance authority 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.
9.
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.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/article/79