Article 24: obligations of distributors

Article 24(1) requires distributors, before making a high-risk AI system available on the market, to verify that it bears the required CE marking, that it is accompanied by a copy of the EU declaration of conformity referred to in Article 47 and instructions for use, and that the provider and the importer of that system, as applicable, have complied with their obligations laid down in Article 16, points (b) and (c), and Article 23(3). Paragraph 2 prohibits making the system available while the distributor considers or has reason to consider, on the basis of the information in its possession, that it does not comply with the requirements of Section 2, and requires notification of the provider or the importer where the system presents a risk within the meaning of Article 79(1). Paragraph 3 requires storage and transport conditions that do not jeopardise compliance. Paragraph 4 requires a distributor that considers or has reason to consider that a system already made available does not comply with Section 2 to take the corrective actions necessary to bring it into conformity, to withdraw it or recall it, or to ensure that the provider, the importer or any relevant operator takes those actions; where the system presents a risk within the meaning of Article 79(1) it shall immediately inform the provider or importer and the competent authorities, giving details of the non-compliance and of any corrective actions taken. Paragraph 5 requires providing, upon a reasoned request, all information and documentation regarding actions taken under paragraphs 1 to 4. Paragraph 6 requires cooperation with the competent authorities.

The check in paragraph 1 looks light but contains an awkward element: you must also verify that the provider has complied with Article 16, point (c), which is having a quality management system in place under Article 17. You cannot see that on the packaging. In practice you anchor it in supplier terms with a statement from the provider and record what you checked. The centre of gravity of Article 24 sits in paragraph 4 though: many resellers assume recall is the manufacturer's business, while the provision also places that action on you, with the option of ensuring another party carries it out. That ensuring requires contractual grip arranged in advance, not during an incident.