(117)
The AI Act sets out several safeguards against the misapplication of the filter mechanism in Article 6(3) AI Act. According to Article 80 AI Act, market surveillance authorities may carry out evaluations of AI systems in respect of their classification as high-risk, request the provider of the system to bring that system into compliance with the high-risk requirements of the AI Act, and request the provider of the system to take corrective actions. Where the market surveillance authority finds that an AI system was misclassified as non-high risk to circumvent the application of the high-risk requirements and obligations in the AI Act, it is also empowered to impose penalties on the provider pursuant to Article 99 AI Act.