ai act / Insight
AI Act: when a non-EU company needs an authorised representative in the EU
Articles 22 and 54 of the EU AI Act for providers outside the EU: when an authorised representative is mandatory, its tasks and the deadlines.
· 3 min read
The EU AI Act reaches companies far beyond Europe. If you are established outside the EU and place an AI system or a general-purpose AI model on the EU market, one of the first questions is whether you must appoint an authorised representative in the Union. The AI Act answers it in two separate provisions.
High-risk AI systems: Article 22
Article 22(1): before making their high-risk AI systems available on the Union market, providers established in third countries shall appoint, by written mandate, an authorised representative established in the Union.
The mandate must allow the representative to carry out specific tasks (Article 22(3)), including:
- verifying that the EU declaration of conformity and the technical documentation have been drawn up and that the conformity assessment has been carried out;
- keeping at the disposal of the authorities, for 10 years after the system is placed on the market, the provider’s contact details, a copy of the declaration of conformity, the technical documentation and, where applicable, the certificate of the notified body;
- providing information and documentation to competent authorities on a reasoned request, and cooperating with them.
Timing matters. Under Article 113, as amended in 2026, the high-risk rules apply to systems listed in Annex III from 2 December 2027, and to AI in products covered by Annex I from 2 August 2028.
General-purpose AI models: Article 54
Article 54(1): before placing a general-purpose AI model on the Union market, providers established in third countries shall appoint, by written mandate, an authorised representative established in the Union. Here the counterpart is the AI Office, and the representative’s tasks include verifying the technical documentation under Annex XI and keeping it available for 10 years.
The rules on general-purpose AI models have applied since 2 August 2025.
What does not need a representative
Not every AI product triggers Articles 22 or 54. A system that is neither high-risk nor a general-purpose AI model does not require an authorised representative under these provisions, although other obligations may still apply, for example:
- the ban on prohibited practices (Article 5), applicable since 2 February 2025;
- transparency obligations (Article 50): telling people they are interacting with AI, marking synthetic content, disclosing deepfakes, applicable since 2 August 2026.
Poland: who supervises
Poland’s Act of 3 July 2026 on artificial intelligence systems (Journal of Laws 2026, item 1003) establishes the Commission for the Development and Security of Artificial Intelligence (KRiBSI) as the market surveillance authority and single point of contact (Article 5 of the Polish Act). Appeals against its decisions go to the Court of Competition and Consumer Protection in Warsaw.
A practical checklist
- Determine your role: provider, deployer, importer or distributor.
- Classify each product: prohibited, high-risk (Annex I or III), general-purpose AI model, transparency-only, minimal risk.
- If Article 22 or 54 applies, choose the representative early: the mandate must exist before the product reaches the market.
- Prepare what the representative will need: technical documentation, declaration of conformity, contact points.
- Keep a dated record of your classification reasoning.
Legal status as of 30 October 2026: Regulation (EU) 2024/1689, consolidated text of 27 July 2026; Polish Act of 3 July 2026. General information, not legal advice for your case.