Chapter IX
Article 81
Powers of Market Surveillance Authorities
Plain-Language Summary
Grants market surveillance authorities broad powers to investigate AI system compliance: requesting information, accessing premises, obtaining source code under controlled conditions, ordering systemic risk assessments, and imposing interim measures.
Keywords
market surveillancepowersinspectionsource codecorrective actionsinvestigationwithdrawal
Legal Text
Article 81 — Powers of Market Surveillance Authorities 1. In order to carry out their tasks, market surveillance authorities shall have the power to: (a) access any documentation, data, code and information related to the high-risk AI system; (b) require operators to provide information they deem necessary for the performance of their tasks; (c) carry out unannounced on-site inspections, including reviewing the AI system's development and testing infrastructure; (d) take samples of the AI system for further analysis; (e) order operators to take appropriate corrective actions or to withdraw the AI system from the market. 2. Market surveillance authorities shall notify operators of their intentions before conducting on-site inspections, unless prior notice would compromise the effectiveness of the inspection.