Updated on April 10th 2024 based on the version and article numbering approved by the EU Parliament on March 13th 2024.
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 national competent authority. For the purposes of this Regulation, the mandate shall empower the authorised representative to carry out the following tasks:
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 also immediately inform the market surveillance authority of the Member State in which it is located or established, as well as, where applicable, the relevant notified body, about the termination of the mandate and the reasons therefor.
[Previous version]
Removed on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd
Duty of Information
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competent authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
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