‍Updated on Feb 6^th 2024 based on the version endorsed by the Coreper I on Feb 2^nd

In the light of the nature and complexity of the value chain for AI systems and in line with New Legislative Framework principles, it is essential to ensure legal certainty and facilitate the compliance with this Regulation. Therefore, it is necessary to clarify the role and the specific obligations of relevant operators along the value chain, such as importers and distributors who may contribute to the development of AI systems. In certain situations those operators could act in more than one role at the same time and should therefore fulfil cumulatively all relevant obligations associated with those roles. For example, an operator could act as a distributor and an importer at the same time

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Role of Authorised Representative for Providers Outside of the Union

For providers who are not established in the Union, the 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 and in serving as their contact person established in the Union. Given that pivotal role, and in order to ensure that responsibility is assumed for the purposes of enforcement of this Regulation, it is appropriate to make the authorised representative jointly and severally liable with the provider for defective high-risk AI systems. The liability of the authorised representative provided for in this Regulation is without prejudice to the provisions of Directive 85/374/EEC on liability for defective products.