1. Prior to making their systems available on the Union market,
where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union. [This deletion has been provisionally agreed with the EP at the technical level.]
1a. The authorised representative shall reside or be established in one of the Member States where the activities pursuant to Article 2, paragraphs 1(cb) are taking place.
1b. The provider shall provide its authorised representative with the necessary powers and resources to comply with its tasks under this Regulation. [These clauses have been provisionally agreed on with the EP at the technical level.]
2. The authorized representative shall perform the tasks specified in the mandate received from the provider. It shall provide a copy of the mandate to the market surveillance authorities upon request, in one of the official languages of the institution of the Union determined by the national competent authority. For the purpose of this Regulation, the mandate shall empower the authorised representative to carry out the following tasks: [This change has been provisionally agreed with the EP at the technical level. NB EP and the Council submitted different changes here. We’ve focused on the EP change]
(a) keep a copy of the EU declaration of conformity and the technical documentation at the disposal of the national competent authorities and national authorities referred to in Article 63(7);
(b) provide a national competent authority, upon a reasoned request, with all the information and documentation necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law;
(c) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system.