Article 82(1)-(2)
UpcomingConditional timingTake Authority-Directed Corrective Action When a Compliant High-Risk AI System Still Presents a Risk
Applies to Provider or other Relevant Operator; High-Risk AI.
- Actors
- ProviderRelevant Operator
- AI class
- High-Risk AI
- Themes
- Monitoring, Reporting & ImprovementGovernance & Accountability
Tracker Guidance
If a market-surveillance authority finds that a compliant high-risk AI system nevertheless presents a risk to health, safety, fundamental rights or another protected public interest, implement the required risk-reduction measures and corrective action across affected systems within the prescribed timeline.
Official text
1. Where, having performed an evaluation under Article 79, after consulting the relevant national public authority referred to in Article 77(1), the market surveillance authority of a Member State finds that although a high-risk AI system complies with this Regulation, it nevertheless presents a risk to the health or safety of persons, to fundamental rights, or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk without undue delay, within a period it may prescribe. 2. The provider or other relevant operator shall ensure that corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market within the timeline prescribed by the market surveillance authority of the Member State referred to in paragraph 1.
Timing depends on the system
- 2 Dec 2027 — Article 6(2) / Annex III high-risk AI
- 2 Aug 2028 — Article 6(1) / Annex I Section A high-risk AI
- 2 Dec 2027 — Pre-existing Annex III high-risk AI type/model first placed on the market or put into service before 2027-12-02
- 2 Aug 2028 — Pre-existing Article 6(1) / Annex I high-risk AI type/model first placed on the market or put into service before 2028-08-02
- 2 Aug 2030 — Pre-existing high-risk AI intended to be used by public authorities