--- title: "Article 81 — Union safeguard procedure" type: regulation legal_status: in_force source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024R1689-20260727" source_retrieved: 2026-09-28 shortTitle: "Article 81 — Union safeguard procedure" instrument_type: level1_regulation authority: Commission binding: true binding_character: binding mica_level2: false legal_basis: "Regulation (EU) 2024/1689" instrument: aiact celex: "32024R1689" regulation: AI Act regulation-full: "Regulation (EU) 2024/1689" article: 81 status: in_force object_id: eu.aiact.legal_text.article.81 text_version: "Consolidated version of 27 July 2026" source_url: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024R1689-20260727" check_status: matched verified: true last_checked: 2026-10-26 --- *In force · Consolidated version of 27 July 2026 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024R1689-20260727)* 1. Where, within three months of receipt of the notification referred to in [Article 79(5)](79.md), or within 30 days in the case of non-compliance with the prohibition of the AI practices referred to in [Article 5](5.md), objections are raised by the [market surveillance authority](https://www.headlesslaw.com/definitions/ai-act/market-surveillance-authority) of a Member State to a measure taken by another market surveillance authority, or where the Commission considers the measure to be contrary to Union law, the Commission shall without undue delay enter into consultation with the market surveillance authority of the relevant Member State and the [operator](https://www.headlesslaw.com/definitions/ai-act/operator) or operators, and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall, within six months, or within 60 days in the case of non-compliance with the prohibition of the AI practices referred to in [Article 5](5.md), starting from the notification referred to in [Article 79(5)](79.md), decide whether the national measure is justified and shall notify its decision to the market surveillance authority of the Member State concerned. The Commission shall also inform all other market surveillance authorities of its decision. 2. Where the Commission considers the measure taken by the relevant Member State to be justified, all Member States shall ensure that they take appropriate restrictive measures in respect of the [AI system](https://www.headlesslaw.com/definitions/ai-act/ai-system) concerned, such as requiring the withdrawal of the AI system from their market without undue delay, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw the measure and shall inform the Commission accordingly. 3. Where the national measure is considered justified and the non-compliance of the AI system is attributed to shortcomings in the harmonised standards or common specifications referred to in [Articles 40](40.md) and [41](41.md) of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012. *** [Chapter IX — Post-market monitoring, information sharing and market surveillance](../chapters/ix.md) · [← Article 80](80.md) · [Article 82 →](82.md)