The European Commission has opened a consultation to gather feedback on forthcoming guidelines “on implementing the AI Act’s rules on high-risk AI systems”.  (For more on the definition of a high-risk AI system, see our blog post here.)  The consultation is open until July 18,  2025, following which the Commission will publish a summary of the consultation results through the AI Office.

For context, the AI Act contemplates two categories of “high-risk” AI systems:

1. Products—or safety components of products—covered by the EU product safety legislation identified in Annex I, where the product or safety component is subject to a third-party conformity assessment (Art. 6(1)); and
2. Certain systems that fall within eight categories of use cases identified in Annex III, namely, (1) biometrics; (2) critical infrastructure; (3) education and vocational training; (4) employment, workers’ management and access to self-employment; (5) access to and enjoyment of essential private services and essential public services and benefits; (6) law enforcement; (7) migration, asylum and border control management; and (8) administration of justice and democratic processes (Art. 6(2)). Only certain use cases within each category are considered high-risk—not the entire category itself. In addition, with one exception, the AI systems must be “intended to be used” for the particular use case, e.g., “AI systems intended to be used for emotion recognition”—a use case within biometrics (category one) (id., emphasis added).

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