Chapter IX
Article 77
Union Safeguard Procedure
Plain-Language Summary
Establishes the Union safeguard procedure where the Commission reviews national restrictive measures against high-risk AI systems. Ensures a uniform approach to AI systems presenting risks across the EU single market.
Keywords
safeguard procedureUnionCommissionMember Statesmarket withdrawalharmonisationsingle market
Legal Text
Article 77 — Union Safeguard Procedure 1. Where, within three months of receipt of the notification referred to in Article 76(3), objections are raised by a Member State or by the Commission against a measure taken by a Member State, or where the Commission considers that national measures are contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State(s) and operator(s). 2. On the basis of the results of the consultation and available evidence, the Commission shall decide whether the national measure is justified. 3. If the measure is found justified, all Member States shall take the necessary measures to ensure that the non-compliant AI system is withdrawn from their market.