Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Artificial Intelligence Act
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 4
CHAPTER II
PROHIBITED AI PRACTICESArticles 5 — 5
CHAPTER III
HIGH-RISK AI SYSTEMSArticles 6 — 49
CHAPTER IV
TRANSPARENCY OBLIGATIONS FOR PROVIDERS AND DEPLOYERS OF CERTAIN AI SYSTEMSArticles 50 — 50
CHAPTER V
GENERAL-PURPOSE AI MODELSArticles 51 — 56
CHAPTER VI
MEASURES IN SUPPORT OF INNOVATIONArticles 57 — 63
CHAPTER VII
GOVERNANCEArticles 64 — 70
CHAPTER VIII
EU DATABASE FOR HIGH-RISK AI SYSTEMSArticles 71 — 71
CHAPTER IX
POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCEArticles 72 — 94
CHAPTER X
CODES OF CONDUCT AND GUIDELINESArticles 95 — 96
CHAPTER XI
DELEGATION OF POWER AND COMMITTEE PROCEDUREArticles 97 — 98
CHAPTER XII
PENALTIESArticles 99 — 101
CHAPTER XIII
FINAL PROVISIONSArticles 102 — 113
ANNEXES
AIA Article 22. Authorised representatives of providers of high-risk AI systems
- 1.Prior to making their high-risk AI systems available on the Union market, providers established in third countries shall, by written mandate, appoint an authorised representative which is established in the Union.
- 2.The provider shall enable its authorised representative to perform the tasks specified in the mandate received from the provider.
- 3.The authorised representative shall perform the tasks specified in the mandate received from the provider. It shall provide a copy of the mandate to the market surveillance authorities upon request, in one of the official languages of the institutions of the Union, as indicated by the competent authority. For the purposes of this Regulation, the mandate shall empower the authorised representative to carry out the following tasks:
- (a)verify that the EU declaration of conformity referred to in Article 47 and the technical documentation referred to in Article 11 have been drawn up and that an appropriate conformity assessment procedure has been carried out by the provider;
- (b)keep at the disposal of the competent authorities and national authorities or bodies referred to in Article 74(10), for a period of 10 years after the high-risk AI system has been placed on the market or put into service, the contact details of the provider that appointed the authorised representative, a copy of the EU declaration of conformity referred to in Article 47, the technical documentation and, if applicable, the certificate issued by the notified body;
- (c)provide a competent authority, upon a reasoned request, with all the information and documentation, including that referred to in point (b) of this subparagraph, necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Section 2, including access to the logs, as referred to in Article 12(1), automatically generated by the high-risk AI system, to the extent such logs are under the control of the provider;
- (d)cooperate with competent authorities, upon a reasoned request, in any action the latter take in relation to the high-risk AI system, in particular to reduce and mitigate the risks posed by the high-risk AI system;
- (e)where applicable, comply with the registration obligations referred to in Article 49(1), or, if the registration is carried out by the provider itself, ensure that the information referred to in point 3 of Section A of Annex VIII is correct.
The mandate shall empower the authorised representative to be addressed, in addition to or instead of the provider, by the competent authorities, on all issues related to ensuring compliance with this Regulation.
- 4.The authorised representative shall terminate the mandate if it considers or has reason to consider the provider to be acting contrary to its obligations pursuant to this Regulation. In such a case, it shall immediately inform the relevant market surveillance authority, as well as, where applicable, the relevant notified body, about the termination of the mandate and the reasons therefor.
Relevant Recitals for this Article
To enable enforcement of this Regulation and create a level playing field for operators, and, taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Union, providers established in third countries should, by written mandate, appoint an authorised representative established in the Union. This authorised representative plays a pivotal role in ensuring the compliance of the high-risk AI systems placed on the market or put into service in the Union by those providers who are not established in the Union and in serving as their contact person established in the Union.