Article 24 of the AI Act elaborates on the duties and obligations of distributors of high-risk AI systems.
Distributors must ensure the high-risk AI system bears the appropriate CE marking and is accompanied by a copy of the EU declaration of conformity and the instructions for use, before making it available on the market. They must also verify that the system's provider and importer have complied with their obligations per Articles 16 and 23.
If a distributor considers or has reasons to believe the high-risk AI system is not compliant with the requirements stated in the AI Act based on the information in its possession, it must only make the system available in the market once it is in conformity with the relevant requirements. Distributors must ensure that while they are responsible for a high-risk AI system, its storage or transport conditions do not compromise the system's compliance with the AI Act’s requirements.
If a distributor considers or has reasons to believe the high-risk AI system is not compliant with the requirements stated in the AI Act, on the basis of the information in its possession, it must take corrective actions to bring the system into compliance, withdraw it from the market, or recall it. Alternatively, they must ensure that the provider, importer, or any relevant operator (as appropriate) takes these corrective actions. In cases the system poses a risk within the meaning of Article 79(1), the distributor must inform the provider or importer of such as well as the competent authorities, specifying details of the non-compliance and any corrective measures taken.
If a competent authority makes a reasoned request, distributors of a high-risk AI system must provide all the information and documentation related to their actions necessary to demonstrate the compliance of the high-risk AI system with the AI Act. Distributors must cooperate with the competent authorities in any actions they take concerning a high-risk AI system that the distributors have made available on the market, particularly to reduce or mitigate any risks posed by the system.
