Chapter III, Section 3 — Obligations of providers and deployers of high-risk AI systems and other partiesArticle 23

Article 23: Obligations of Importers

Applies from 2 Aug 20264 min readEUR-Lex verified Apr 2026

Article 23 places gate-keeping obligations on importers of high-risk AI systems. Before placing a system on the Union market, importers must verify that: (a) the conformity assessment has been carried out; (b) the provider has drawn up the Annex IV technical documentation; (c) the system bears CE marking; (d) the system is accompanied by the EU declaration of conformity and instructions for use; (e) the provider has appointed an authorised representative where required (Article 22). Importers must also indicate their name, trade name, and contact address on the system or packaging, and inform the provider and market surveillance authority if the system presents a risk.

Who does this apply to?

  • -Importers placing third-country high-risk AI systems on the EU market
  • -Procurement and supply-chain teams sourcing AI from non-EU providers
  • -Market surveillance authorities verifying importer compliance

Scenarios

An EU company imports a high-risk facial recognition system from a Chinese manufacturer. Before making it available, it checks for CE marking, EU declaration, and the authorised representative appointment.

Compliant with Article 23 gate-keeping duties. The importer's name and contact appear on the packaging.
Ref. Art. 23

An importer discovers after import that the provider never completed a conformity assessment.

The importer must not place the system on the market until the conformity assessment is completed. Placing it anyway creates direct liability under Article 23.
Ref. Art. 23

Importer gate-keeping duties

Before placing a high-risk AI system on the Union market, the importer must verify:

1. The appropriate conformity assessment (Article 43) has been carried out 2. The provider has drawn up technical documentation per Annex IV 3. The system bears the CE marking (Article 48) 4. The system is accompanied by the EU declaration of conformity (Article 47) and instructions for use 5. The provider has appointed an authorised representative where required (Article 22)

The importer must also indicate its name, registered trade name or trademark, and contact address on the system, packaging, or accompanying documentation.

Ongoing importer obligations

After market placement, importers must:

  • Ensure storage and transport conditions do not jeopardise compliance
  • Keep a copy of the conformity certificate (where Annex VII was used) and ensure documentation is available to authorities
  • Inform the provider if the system presents a risk, and inform the market surveillance authority of the Member State where the system is available
  • Cooperate with authorities on any corrective actions

How Article 23 connects to the rest of the Act

Compliance checklist

  • Before import: verify conformity assessment, CE marking, EU declaration, instructions for use, and authorised representative.
  • Affix importer name, trade name, and contact address to the system or packaging.
  • Keep a copy of the conformity certificate (Annex VII cases) for 10 years.
  • Ensure storage and transport do not compromise compliance.
  • Inform provider and market surveillance authority if the system presents a risk.
  • Cooperate with authorities on corrective actions.
  • Monitor for re-qualification triggers under Article 25.

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Frequently asked questions

Is the importer liable if the system is non-compliant?

Yes — Article 23 creates direct gate-keeping liability. An importer who places a non-compliant system on the market faces penalties under Article 99.

Can the importer also be the authorised representative?

The AI Act does not prohibit this overlap, but each role has distinct obligations that must be contractually addressed.

What must an importer verify before placing a high-risk AI system on the EU market?

Under Article 23, importers must verify that the provider has carried out the conformity assessment, drawn up technical documentation, affixed the CE marking, and designated an authorised representative within the Union. Importers must also verify the provider's identity and contact details.