Article 23: Obligations of Importers
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.
An importer discovers after import that the provider never completed a conformity assessment.
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
- Article 3(6) — Definition of importer.
- Article 22 — Authorised representative the importer must verify.
- Article 24 — Distributor obligations (downstream of importer).
- Article 25 — When the importer may be re-qualified as provider.
- Article 43 — Conformity assessment the importer must verify.
- Article 47 / Article 48 — Declaration and CE marking.
- Article 18 — Documentation keeping.
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.
Map your importer obligations—free assessment.
Start Free AssessmentRelated Articles
Article 3: Definitions
Article 18: Documentation Keeping
Article 22: Authorised Representatives of Providers of High-Risk AI Systems
Article 24: Obligations of Distributors
Article 25: Responsibilities Along the AI Value Chain
Article 43: Conformity Assessment for High-Risk AI Systems
Article 47: EU Declaration of Conformity
Article 48: CE Marking for High-Risk AI Systems
Article 99: Penalties for AI Act Infringements
Article 113: Entry into Force and Application Dates
Annex IV: Technical Documentation for High-Risk AI Systems
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.