Importer, Distributor, and Role-Switching

Articles 23-25 address the obligations of importers and distributors, and the critical concept of role-switching -- the circumstances under which an importer or distributor becomes subject to the full provider obligations under the regulation.

Importer Obligations (Article 23)

Article 23 requires importers to verify that the provider has drawn up technical documentation, completed conformity assessment, and affixed the CE marking. Importers must not place on the market systems they have reason to believe do not comply with the regulation. They must also maintain a copy of the EU declaration of conformity and make it available to market surveillance authorities upon request.

When a Distributor Becomes a Provider (Article 25)

Article 25(1) is a critical provision: an importer or distributor becomes subject to provider obligations when they (a) place a high-risk AI system on the market or put it into service under their own name or trademark; or (b) make a substantial modification to a high-risk AI system already placed on the market. This role-switching rule prevents distributors from circumventing the regulation by relabelling a third-party system as their own product without taking on corresponding obligations.

• Relabelling a third-party AI system under your own brand triggers full provider obligations
• Substantial modification (Article 3(23)) also triggers role-switching even without relabelling
• Fine-tuning a GPAI model for a specific purpose may constitute a substantial modification
• Importers must verify compliance documentation before importing -- they cannot rely on the provider's assurances alone
• Distributors have a residual obligation to verify CE marking and EU declaration of conformity are present