Builds on AR-000142 (Human Oversight), AR-000210 (High-Risk AI Systems), and AR-000270 (GPAI Obligations) — none of their content is re-derived here. AR-000270's coverage of GPAI enforcement (Articles 88–94) is a structurally separate track from the Articles 74–81 mechanism covered here.
Executive summary
What this means
Who this applies to
Regulatory context
Requirements
What organizations must do
- Identify the correct market surveillance authority for each system before an issue arises — an organisation with both Annex I sectoral systems and Annex III systems may face genuinely different regulators for different products.
- Treat any market surveillance evaluation as time-pressured from the outset — 15 working days is the outer limit for corrective action, not a guaranteed grace period.
- Build Union-wide remediation capability rather than assuming a national finding stays contained to one jurisdiction — the corrective-action duty extends to every instance made available across the Union market.
- Run an internal audit against Article 83's five formal non-compliance triggers as a distinct, lower-bar compliance check separate from substantive risk assessment.
Common mistakes
Assuming a single "AI regulator" per Member State handles all AI Act enforcement is a common mistake — Article 74's jurisdictional rules split authority by sector, deployer type, and Annex III category.
Treating a market surveillance finding as final once corrective action is taken locally is a second mistake — the cross-notification duty and the Article 81 safeguard procedure mean a national measure can still be escalated or contested after initial local action.
Conflating formal non-compliance under Article 83 with the risk-based procedure under Article 79 is a third mistake — a system can be procedurally non-compliant while presenting no actual risk, and the authority response differs accordingly.
Open questions
- Full paragraph-by-paragraph confirmation of Articles 81 and 83, and their Digital Omnibus disclaimer status, at the same standard as Articles 74 and 79 — not yet independently retrieved in full.
- Article 83's specific correction timeframes beyond the five-trigger list — only the Commission's own summary characterisation was confirmed on this pass.
- How the Article 81 Union safeguard procedure has actually been used in practice since the relevant high-risk provisions began applying — not addressed by any source consulted here.