Article 24 requires a distributor, before making a high-risk AI system available on the market, to verify, with due care, that the system bears the required CE marking, is accompanied by the EU declaration of conformity and instructions for use, and that the provider and importer have complied with their identification duties. A distributor must ensure storage and transport conditions do not jeopardise conformity while the system is under its responsibility, must inform the provider, importer and market surveillance authority where it considers the system is not in conformity or presents a risk, must take corrective action, and must cooperate with authorities and provide information on request. Where a distributor considers or has reason to consider that a system is not in conformity, it must not make it available on the market.
Who is a distributor under the Act?
A distributor is a natural or legal person in the supply chain, other than the provider or the importer, that makes an AI system available on the Union market. Making available means supplying the system for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge. A reseller, a value-added reseller, a platform that supplies a system to deployers, and a systems integrator that supplies a system without becoming the provider can each be a distributor on the facts. The role is defined by the supply act and by exclusion: a person that is the provider or the importer for that system is not the distributor for the same act, but the same legal person can be a distributor for one system and an importer or provider for another.
What does verification with due care mean?
Verification with due care means checking, before supply, that the CE marking is present where required, that the declaration and instructions accompany the system, and that the provider and importer identification duties have been complied with. Due care is a standard of diligence, not a guarantee: the distributor must check what a careful distributor would check, using the documents and the system as supplied. The check should be recorded, with the system version, the documents checked, and the result. A distributor that supplies a system without checking, or that checks only the outer packaging, has not verified with due care. A distributor that finds a gap should not supply the system until the gap is closed, and should inform the provider and importer of the finding.
For the broader regulatory framework, see deployer responsibilities.
What storage and transport duties apply?
A distributor must ensure that, while a high-risk system is under its responsibility, storage and transport conditions do not jeopardise its conformity with the Chapter III requirements. For physical products, that means temperature, humidity, handling and packaging conditions that preserve the system. For software and hardware-software systems, it means preserving the integrity of the supplied version, the configuration, and the accompanying documentation, and preventing unauthorised modification during storage or transport. The distributor should record the conditions, the handling procedures, and any incident that could affect conformity, and should inform the provider where a condition may have jeopardised conformity, so that the system can be checked before supply.
What must a distributor do where a system is risky or non-conforming?
Where a distributor considers or has reason to consider that a high-risk system is not in conformity, it must not make the system available on the market, and must inform the provider or importer. Where a system presents a risk, the distributor must inform the provider or importer and the market surveillance authority, and must ensure corrective action is taken, including withdrawing or recalling the system as appropriate. The distributor must also cooperate with the provider, importer and authority in action to eliminate the risk. A report from a deployer, a customer complaint, or an authority notice should be treated as a trigger for assessment, and the distributor's response, including the decision to withhold supply, should be recorded with the evidence relied on.
How do distributor duties differ from importer duties?
Importer duties under Article 23 are broader: the importer must ensure the conformity assessment was carried out, the technical documentation was drawn up, and an authorised representative was appointed, and must keep the conformity file for ten years. Distributor duties under Article 24 are verification duties: the distributor verifies with due care that the marking, declaration, instructions and identification are present, but does not hold the full technical file in the same way. The difference reflects the distributor's position in the chain: the importer is the first Union market actor for a third-country system, while the distributor is a later supply actor. Both must withhold supply where non-conformity is suspected, and both must cooperate with authorities, but the depth of the pre-supply check differs and should not be conflated.
Continue with importer duties under Article 23.
What is not decided by this guide?
This guide explains Article 24 in outline. It does not decide whether a particular seller is a distributor, whether verification was with due care, or whether a system must be withheld. Those questions need the supply act, the documents checked, the storage and transport facts, and the risk facts, read against Article 24 in the consolidated text. Distribution decisions affect availability and the supply chain, so borderline cases should be confirmed with a competent authority or legal adviser, and the verification record should be kept so that the decision can be shown to an authority on request.
Frequently asked questions
Must a distributor hold the technical documentation?
Article 24 does not impose the importer's ten-year file duty on distributors in the same form. A distributor must verify the marking, declaration, instructions and identification, cooperate with authorities, and provide information on request. The distributor should still keep its verification records and supply records so that its checks can be shown.
Can a distributor supply a system while a gap is being fixed?
No, where the distributor considers or has reason to consider the system is not in conformity. The system must not be made available until the gap is closed, and the provider or importer must be informed.
Does online supply count as making available?
Yes, in substance. Making available covers supply for distribution or use on the Union market in the course of commercial activity, including digital supply. The distributor's verification, storage and information duties apply to the digital supply chain as well as to physical supply.
Continue through this AI Act cluster
This article is an informational overview, not a legal determination. Check the current legal text and official implementation guidance for your system and role.
Consolidated Regulation (EU) 2024/1689 ↗AI Act Service Desk timeline ↗European Commission regulatory framework for AI ↗