Who needs an Authorised Representative under the EU AI Act?

Providers established outside the EU that place high-risk AI systems on the EU market (Article 22) or place general-purpose AI (GPAI) models on the EU market (Article 54) must appoint an EU-based Authorised Representative before market placement.

Are open-source GPAI models exempt from the AR requirement?

Certain open-source GPAI models are exempt from the AR requirement under Article 54, unless they are classified as GPAI models with systemic risk.

Who Needs an Authorised AI Representative under the EU AI Act?

Q: Who can act as an Authorised Representative?

The AR must be a natural or legal person established in the European Union, appointed through a written mandate, and able to perform the mandated tasks and cooperate with EU authorities. Only a single AR may be appointed.

The EU Artificial Intelligence Act (Regulation (EU) 2024/1689) introduces a clear and mandatory requirement for certain non-EU companies to appoint an Authorised Representative (AR) in the European Union.

Legal Basis

The requirement is set out in two key articles:

Article 22 - Authorised representatives of providers of high-risk AI systems
Article 54 - Authorised representatives of providers of general-purpose AI (GPAI) models

Who Is Legally Required to Appoint an Authorised Representative?

The obligation applies only to providers established outside the European Union (third-country providers) in the following two categories:

1. Providers of High-Risk AI Systems (Article 22)

Any provider based outside the EU that develops and places on the EU market (or puts into service) an AI system classified as high-risk under Annex III of the AI Act must appoint an EU-based Authorised Representative before making the system available on the Union market.

2. Providers of General-Purpose AI (GPAI) Models (Article 54)

Any provider established outside the EU that places a general-purpose AI model on the EU market must appoint an EU-based Authorised Representative before placing the model on the Union market.

Key Definitions

Provider: A natural or legal person, public authority, agency or other body that develops an AI system or GPAI model (or has one developed) and places it on the market or puts it into service under its own name or trademark.
Authorised Representative: A natural or legal person established in the EU who has received a written mandate from a non-EU provider to perform specific tasks on its behalf under the AI Act.

Important Exceptions and Nuances

The requirement applies only to providers, not to deployers, importers, or distributors (although these parties have their own separate obligations under the Act).
Certain open-source GPAI models are exempt from the AR requirement under Article 54, unless they are classified as GPAI models with systemic risk.
Purely internal use of AI systems (with no placement on the EU market or no output used in the EU) generally falls outside the scope.
The obligation is triggered prior to market placement - it is not sufficient to appoint an AR after the AI system or model has already been made available in the EU.

Who Can Act as an Authorised Representative?

The AR must be:

A natural or legal person established in the European Union
Appointed through a written mandate
Able to perform the tasks listed in the mandate and cooperate directly with EU authorities

A single AR must be appointed - multiple representatives are not permitted.

Summary - Who Needs an AR?

Category	Must Appoint AR?	Timing	Legal Basis
Non-EU provider of high-risk AI system	Yes	Before placing on EU market	Article 22
Non-EU provider of GPAI model	Yes	Before placing on EU market	Article 54
Open-source GPAI (no systemic risk)	No	-	Article 54
EU-established providers	No	-	-
Deployers / Importers / Distributors	No	-	-

In short: If you are a company based outside the EU and you develop or supply either a high-risk AI system or a general-purpose AI model that you intend to make available on the European market, you are legally required to appoint an Authorised Representative in the EU before doing so.