EU AI Act Importer Obligations: Bringing AI Into the EU Market
An importer is the EU-established gatekeeper for AI built outside the Union. If you place on the EU market a high-risk AI system that carries the name or trademark of a company outside the EU, Article 23 makes you verify — before you sell — that the provider did its homework. You are the point where non-EU AI meets EU law.
Are you a importer?
You are an importer if you are located or established in the EU and you place on the market an AI system that bears the name or trademark of a provider established outside the EU. You are the first EU-based operator in the chain, which is why the Act makes you check the provider's conformity work rather than take it on trust.
The mistake teams make
Importers often think verification means a quick paperwork glance. Art. 23 requires you to actively confirm the conformity assessment was carried out, the technical documentation exists, the CE marking is affixed and an authorised representative was appointed — and to refuse to place the system on the market if any of these is missing. Get it wrong and liability flows to you.
Importer obligations, article by article
- Art. 23(1)Verify conformity assessment
Confirm the provider has carried out the required conformity assessment procedure.
- Art. 23(1)Verify technical documentation
Confirm the Annex IV technical documentation has been drawn up.
- Art. 23(1)Verify CE marking & declaration
Confirm the system bears the CE marking and the EU declaration of conformity.
- Art. 23(1)Verify authorised representative
Confirm the non-EU provider has appointed an EU authorised representative (Art. 22).
- Art. 23(3)Indicate importer details
Put your name, registered trade name and contact address on the system or packaging.
- Art. 23(4)Storage & transport conditions
Ensure conditions in your control don't jeopardise the system's conformity.
- Art. 23(5)Keep documentation
Keep a copy of the certificate, instructions and declaration for 10 years.
- Art. 23(6)Cooperate with authorities
Provide authorities all information and documentation needed to demonstrate conformity.
Key deadlines
- 2 Aug 2026 — importer obligations for high-risk systems (Art. 23) apply
- 2 Aug 2027 — high-risk systems that are safety components of regulated products
FAQ
How is an importer different from a distributor?
An importer is the EU operator who first places a non-EU provider's system on the market. A distributor is any later operator in the chain who makes it available. The importer's verification duties (Art. 23) are heavier because it's the entry point into the EU.
What if the provider hasn't appointed an authorised representative?
You must not place the system on the market. Verifying that a non-EU provider has appointed an EU authorised representative (Art. 22) is one of the importer's mandatory pre-market checks under Art. 23.
Do importers need to keep records?
Yes — for 10 years after the system is placed on the market you must keep a copy of the certificate (where applicable), the instructions for use and the EU declaration of conformity, and make them available to authorities on request.
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