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Article 23a

Conditions for Other Persons to be Subject to the Obligations of a Provider

1. Any natural or legal person shall be considered a provider of a new high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:

  1. they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligations are allocated otherwise;
  1. [deleted]
  1. they make a substantial modification to a high-risk AI system already placed on the market or put into service;
  1. they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put ito service, in a way which makes the modified system a high-risk AI system;
  1. they place on the market or put into service a general purpose AI system as a high-risk AI system or as a component of a high-risk AI system.

2. Where the circumstances referred to in paragraph 1, point (a) or (c), occur, the provider that initially placed the high-risk AI system on the market or put it into service shall no longer be considered a provider for the purposes of this Regulation.

3. For high-risk AI systems that are safety components of products to which the legal acts listed in Annex II, section A apply, the manufacturer of those products shall be considered the provider of the high-risk AI system and shall be subject to the obligations under Article 16 under either of the following scenarios:
(i) the high-risk AI system is placed on the market together with the product under the name or trademark of the product manufacturer;
(ii) the high-risk AI system is put into service under the name or trademark of the product manufacturer after the product has been placed on the market.

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