Article 23: Obligations of importers
agent:eu:ai-act:art-23 · sha256 0f7ff1abd62cbef6
Turnover framework under the act
- Art. 99(3): up to the higher of EUR 35,000,000 / 7 % of worldwide annual turnover
- Art. 99(4): up to the higher of EUR 15,000,000 / 3 % of worldwide annual turnover
- Art. 99(5): up to the higher of EUR 7,500,000 / 1 % of worldwide annual turnover
- The framework follows from article 99.
Affected roles
importer
Affected industries
Not in the register yet.
Obligations
- importer: Verify conformity, documentation and marking before placing on the market.
Article text
1. Before placing a high-risk AI system on the market, importers shall ensure that the system is in conformity with this Regulation by verifying that:
(a)
the relevant conformity assessment procedure referred to in Article 43 has been carried out by the provider of the high-risk AI system;
(b)
the provider has drawn up the technical documentation in accordance with Article 11 and Annex IV;
(c)
the system bears the required CE marking and is accompanied by the EU declaration of conformity referred to in Article 47 and instructions for use;
(d)
the provider has appointed an authorised representative in accordance with Article 22(1).
2. Where an importer has sufficient reason to consider that a high-risk AI system is not in conformity with this Regulation, or is falsified, or accompanied by falsified documentation, it shall not place the system on the market until it has been brought into conformity. Where the high-risk AI system presents a risk within the meaning of Article 79(1), the importer shall inform the provider of the system, the authorised representative and the market surveillance authorities to that effect.
3. Importers shall indicate their name, registered trade name or registered trade mark, and the address at which they can be contacted on the high-risk AI system and on its packaging or its accompanying documentation, where applicable.
4. Importers shall ensure that, while a high-risk AI system is under their responsibility, storage or transport conditions, where applicable, do not jeopardise its compliance with the requirements set out in Section 2.
5. Importers shall keep, for a period of 10 years after the high-risk AI system has been placed on the market or put into service, a copy of the certificate issued by the notified body, where applicable, of the instructions for use, and of the EU declaration of conformity referred to in Article 47.
6. Importers shall provide the relevant competent authorities, upon a reasoned request, with all the necessary information and documentation, including that referred to in paragraph 5, to demonstrate the conformity of a high-risk AI system with the requirements set out in Section 2 in a language which can be easily understood by them. For this purpose, they shall also ensure that the technical documentation can be made available to those authorities.
Machine-readable formThe article in the registerChangesSource: NovaCopilot