EU Artificial Intelligence Act: Article 6 & Annex III on High-Risk AI Systems

European Union Artificial Intelligence Act: Brief Information Note on Article 6 and Annex III The Artificial Intelligence Act, prepared by the European Union on 13.06.2024, entered into force on 02.08.2024. However, many provisions of the Act will enter into force on 02.02.2025. For the classification of high-risk artificial intelligence systems and the specific regulations imposed on these systems, the Act will enter into force on 02.08.2027. The text of the Act itself has many remarkable features and is certain to set an example for future legal regulations.

We would like to point out that the provisions regarding high-risk artificial intelligence systems are particularly noteworthy. For this very reason, in this information note, we will focus specifically on the regulations introduced by Article 6 and Annex III.

Article 6: Classification of High-Risk Artificial Intelligence Systems Article 6(1) sets out the fundamental rules for the classification of artificial intelligence systems as high-risk. This classification occurs when two main conditions are met:

• Use as a Safety Component: If an artificial intelligence system is intended to be used as a safety component of a product, or if the system itself is placed on the market as a standalone product, it is considered high-risk. Such products must undergo third-party conformity assessment under relevant EU legislation.
• Systems Covered by Annex III: Article 6(2) stipulates that artificial intelligence systems listed in Annex III are also considered high-risk. These systems are used in areas that pose significant risks to health, safety, or fundamental rights. Article 6(3) further states that some artificial intelligence systems covered by Annex III may not be considered high-risk under certain conditions. This applies if the system does not pose a significant risk to human health, safety, or fundamental rights. However, such systems are subject to a registration obligation in all cases.

Annex III: List of High-Risk Artificial Intelligence Systems Annex III provides a comprehensive list requiring the classification of artificial intelligence systems used in specific areas as high-risk. This list covers the following areas:

• Biometric Systems: Remote biometric identification systems, biometric categorization, and emotion recognition systems are considered high-risk. These systems generally pose significant risks to public safety and individuals' privacy.
• Critical Infrastructure: Artificial intelligence systems used as safety components in the management and operation of digital infrastructure, systems used in critical services such as road traffic management or the supply of water, gas, heating, and electricity fall into this category.
• Education and Vocational Training: Artificial intelligence systems used for evaluating student performance or making admission decisions to educational institutions are considered high-risk.
• Employment and Worker Management: Artificial intelligence systems used in recruitment, employee performance evaluation, or decision-making processes in work relationships are also included in this list.
• Access to Services: Artificial intelligence systems used to determine access to essential public services or private services also pose high risks.

Conclusion and Evaluation Article 6 and Annex III of the Artificial Intelligence Act provide a comprehensive framework for identifying high-risk systems, taking into account the potential impacts of artificial intelligence systems on human health, safety, and fundamental rights. These regulations aim to ensure the safe and ethical use of artificial intelligence systems. However, the classification of systems as high-risk also entails stricter oversight and compliance requirements for these systems.

In this era of rapidly evolving artificial intelligence technologies, this EU Act aims to foster the development of technology within an ethical and safe framework, thereby ensuring the safety of both users and developers.