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Chapter IX

Article 76

Procedure at National Level for AI Systems Presenting a Risk

Plain-Language Summary

Sets out the procedure for national authorities to follow when a high-risk AI system presenting a serious risk is identified. Authorities must notify the operator, take proportionate restrictive measures, and report to the Commission.

Keywords

market surveillancerisk procedurenational levelcorrective actionsserious riskfundamental rightsnotification

Legal Text

Article 76 — Procedure at National Level for AI Systems Presenting a Risk

1. Where the market surveillance authority of a Member State has sufficient reason to consider that an AI system presents a risk to the health, safety or fundamental rights of persons, 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.

2. Where, in the course of the evaluation, the market surveillance authority finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance.

3. The market surveillance authority shall immediately notify the Commission, the AI Office and the other Member States of its findings and the corrective actions required.