EU Policy and Legal Framework for Artificial Intelligence, Robotics and Related Technologies - The AI Act by Nikos Th. Nikolinakos

Author:Nikos Th. Nikolinakos
Language: eng
Format: epub, pdf
ISBN: 9783031279539
Publisher: Springer International Publishing

Obligations of Authorised Representatives

It is reminded that providers established outside the EU must, prior to making their systems available on the EU market, appoint by written mandate an authorised representative671 established in the EU.672

The Council’s compromise proposal inserted the word “only” in Article 25(2) to ensure that providers will not impose on their authorised representatives the responsibility of additional tasks. The changes made to points -a), a), b), c) and d) of Article 25(2), which refers to the written mandate and the tasks to be carried out by the authorised representatives, bring the text on the obligations of authorised representatives into line with the provisions on the obligations of distributors and importers and thus rebalances the distribution of responsibilities throughout the value chain.

In particular, it was explicitly stated that the authorised representatives should verify that the provider of the AI system has undertaken the appropriate conformity assessment, has drawn up the necessary technical documentation, has affixed the required CE marking of conformity, and that the AI system is accompanied by the required documentation. Furthermore, the authorised representatives should keep at the disposal of the national competent authorities and market surveillance authorities, for ten (10) years after the high-risk AI system has been placed on the market or put into service, a copy of the EU declaration of conformity, the technical documentation and a copy of the certificate issued by the notified body. Also, the authorised representatives should register the AI system in a public EU-wide database or, if the registration was carried out by the provider himself, verify that the required information (name, address and contact details of the authorised representative) is correct. In addition, the two subparagraphs added at the end of Article 25(2) stipulate that the authorised representatives could terminate their mandate (if they consider that the provider acts contrary to his obligations under the AI Act) and, in such a case, they are required to immediately inform both the competent market surveillance authority and the notified body, explaining the reasons why they terminated the mandate. It was also stressed that the authorised representatives are jointly and severally liable with the providers in respect of their potential liability under the Product Liability Directive.673

The draft Joint Report of the European Parliament’s co-leading IMCO and LIBE Committees, as the Council’s compromise proposal [Article 25(2)(d)], added that the authorised representative, where applicable, must comply with the registration obligations referred in Article 51, i.e., he must register the AI system in the EU database referred to in Article 60 of the AI Act.674 It was also stated that, upon request, a copy of the mandate must be provided by the authorised representative to the market surveillance authorities, in an official EU language determined by the national competent authority.675

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