Article 22: Authorised Representatives of Providers of High-Risk AI Systems

Official Statutory Text

Article 22 Authorised representatives of providers of high-r isk AI systems 1. Prior to making their high-r isk AI systems available on the Union mark et, providers established in third countries shall, by written mandate, appoint an authorised representative which is established in the Uni on. 2. The provider shall enable its authorised representative to perform the tasks specified in the mandatereceived from the provider . 3. Theauthorised representative shall perform the tasks specified in the mandatereceived from the provider . It shall providea copy of the mandate to the market surveillanceauthorities 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 theauthorised representative to carry out the following tasks : (a) verify that the EU declaration of conformity refer red to in Article 47 and thetechnical 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-r isk AI system has been placed on the marketor put into service, the contact details of the provider that appointed theauthorised representative, a copy of the EU declaration of conformity refer red to in Article 47, thetechnical documentation and, if applicable, the certificate issued by the notified body ; (c) providea competent authority , upon a reasoned request, withall the information and documentation, including that referred to in point (b) of this subparagraph, necessary to demonstrate the conformity of a high-r isk AI system with the requirements setout in Section 2, including access to the logs, as referred to in Article 12(1), automatically generated by the high-r isk 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-r isk AI system, in particular to reduceand mitigatetherisks posed by the high-r isk AI system; (e) whereapplicable, comply with the registration obligations refer red to in Article 49(1), or , if the registration is carried out by the provider itself, ensure that the information refer red to in point 3 of Section A of Annex VIII is cor rect. The mandate shall empower theauthorised representative to beaddressed, in addition to or instead of the provider , by the competent authorities, on all issues related to ensuring compliance with this Regulation. 4. Theauthorised representative shall terminate the mandate if it considers or has reason to consider the provider to beacting contrary to its obligations pursuant to this Regulation. In sucha case, it shall immediately inform the relevant market surveillanceauthority , as well as, whereapplicable, the relevant notified body , about thetermination of the mandateand the reasons therefor .