1. 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:
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(a) |
the CE marking has been affixed in violation of Article 48; |
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(b) |
the CE marking has not been affixed; |
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(c) |
the EU declaration of conformity referred to in Article 47 has not been drawn up; |
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(d) |
the EU declaration of conformity referred to in Article 47 has not been drawn up correctly; |
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(e) |
the registration in the EU database referred to in Article 71 has not been carried out; |
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(f) |
where applicable, no authorised representative has been appointed; |
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(g) |
technical documentation is not available. |
2. 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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.
