Article 79(2), 79(4)
CurrentFrom 2 Aug 2026Cooperate With Market-Surveillance Risk Evaluations and Implement Required Corrective Action
Applies to Relevant Operator.
- Actors
- Relevant Operator (market surveillance / enforcement)
- Themes
- Monitoring, Reporting & ImprovementGovernance & Accountability
Tracker Networks Guidance
Cooperate as necessary with market-surveillance and relevant fundamental-rights authorities during an evaluation of an AI system presenting risk and ensure corrective action is applied to all affected AI systems made available on the Union market.
Official text
2. Where the market surveillance authority of a Member State has sufficient reason to consider an AI system to present a risk as referred to in paragraph 1 of this Article, it shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. Particular attention shall be given to AI systems presenting a risk to vulnerable groups. Where risks to fundamental rights are identified, the market surveillance authority shall also inform and fully cooperate with the relevant national public authorities or bodies referred to in Article 77(1). The relevant operators shall cooperate as necessary with the market surveillance authority and with the other national public authorities or bodies referred to in Article 77(1). Where, in the course of that evaluation, the market surveillance authority or, where applicable the market surveillance authority in cooperation with the national public authority referred to in Article 77(1), finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without undue delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it within a period the market surveillance authority may prescribe, and in any event within the shorter of 15 working days, or as provided for in the relevant Union harmonisation legislation. The market surveillance authority shall inform the relevant notified body accordingly. Article 18 of Regulation (EU) 2019/1020 shall apply to the measures referred to in the second subparagraph of this paragraph.
4. The operator shall ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market.
Suggested controls
Regulatory Information and Cooperation Process
Respond to reasoned regulator requests with controlled, complete and retrievable compliance information and logs.
Market-Surveillance Corrective Action Response
Cooperate with market-surveillance evaluations and implement corrective actions across affected AI systems when ordered.
Related risks
Regulatory Cooperation Failure
The organisation may be unable to provide complete, timely and understandable information, records or cooperation to competent authorities.
Market-Surveillance Corrective-Action Failure
An operator may fail to cooperate with a market-surveillance evaluation or implement corrective action across affected systems on time.