Article 25, Authorised representatives, Artificial Intelligence Act (Proposal 25.11.2022)
1. Prior to making their systems available on the Union market providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union.
2. The authorised representative shall perform the tasks specified in the mandate received from the provider. For the purpose of this Regulation, the mandate shall empower the authorised representative to carry out only the following tasks:
(-a) verify that the EU declaration of conformity and the technical documentation have been drawn up and that an appropriate conformity assessment procedure has been carried out by the provider;
(a) keep at the disposal of the national competent authorities and national authorities referred to in Article 63(7), for a period ending 10 years after the high-risk AI system has been placed on the market or put into service, the contact details of the provider by which the authorised representative has been appointed, a copy of the EU declaration of conformity, the technical documentation and, if applicable, the certificate issued by the notified body;
(b) provide a national competent authority, upon a reasoned request, with all the information and documentation, including that kept according to point (b), necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title, including access to the logs, 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 by virtue of a contractual arrangement with the user or otherwise by law;
(c) cooperate with national competent authorities, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system.
(d) comply with the registration obligations referred to in Article 51(1) and, if the registration of the system is carried out by the provider itself, verify that the information referred to in Annex VIII, Part II, 1 to 11, is correct.
The authorised representative shall terminate the mandate if it has sufficient reasons to consider that the provider acts contrary to its obligations under this Regulation. In such a case, it shall also immediately inform the market surveillance authority of the Member State in which it is established, as well as, where applicable, the relevant notified body, about the termination of the mandate and the reasons thereof.
The authorised representative shall be legally liable for defective AI systems on the same basis as, and jointly and severally with, the provider in respect of its potential liability under Council Directive 85/374/EEC.
Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).
The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):