Draft guidelines on the classification of high-risk AI systems
These draft guidelines explain how Article 6 and Annexes I and III should be applied when determining whether an AI system qualifies as high-risk. They separately address systems that are products or safety components subject to EU product legislation and systems intended for the use cases listed in Annex III, including biometrics, critical infrastructure, education, employment, access to essential services, law enforcement, migration, and the administration of justice. The document also interprets the Article 6(3) exception for systems that do not pose a significant risk and provides examples of systems that should or should not be classified as high-risk.
Application date: Following the Digital Omnibus amendments, the rules for systems classified as high-risk under Article 6(2) and Annex III will apply from 2 December 2027. The rules for systems classified as high-risk under Article 6(1) and Annex I because they are products or safety components of regulated products will apply from 2 August 2028.
Information: Draft Commission guidelines on the classification of high-risk AI systems
Guidelines in English:
- Draft Guidelines on the classification on high-risk AI: General principles
- Draft Guidelines on the classification of high risk AI systems: Annex I of AI Act
- Draft Guidelines on the classification of high risk AI systems: Annex III of AI Act
Draft guidance on reporting serious incidents involving high-risk AI systems
This draft guidance explains the provider's reporting obligation under Article 73, including what constitutes a serious incident, how causality between an AI system and an incident should be assessed, and when the provider becomes aware of an incident. It also addresses reporting deadlines, initial and follow-up reports, corrective measures, cooperation with market surveillance authorities, and coordination with other EU reporting regimes. A proposed reporting template accompanies the guidance. It concerns high-risk AI systems and is distinct from the separate reporting template for general-purpose AI models with systemic risk.
Application date: The serious incident reporting obligation and the related classification, provider, and deployer requirements for high-risk systems will apply from 2 December 2027 for Annex III systems and from 2 August 2028 for systems covered by Article 6(1) and Annex I.
Guidelines in English: