- 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:
- the CE marking has been affixed in violation of Article 48;
- the CE marking has not been affixed;
- the EU declaration of conformity referred to in Article 47 has not been drawn up;
- the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;
- the registration in the EU database referred to in Article 71 has not been carried out;
- where applicable, no authorised representative has been appointed;
- technical documentation is not available.
- 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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.
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