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Annex III

High-Risk AI Systems Referred to in Article 6(2)

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

High-risk AI systems pursuant to Article 6(2) are the AI systems listed in any of the following areas:

1. Biometrics, insofar as their use is permitted under relevant Union or national law:

(a) Remote biometric identification systems.

This shall not include AI systems intended to be used for biometric verification whose sole purpose is to confirm that a specific natural person is the person he or she claims to be;

(aa) AI systems intended to be used for biometric categorisation, according to sensitive or protected attributes or characteristics based on the inference of those attributes or characteristics;

(ab) AI systems intended to be used for emotion recognition.

2. Critical infrastructure:

(a) AI systems intended to be used as safety components in the management and operation of critical digital infrastructure, road traffic and the supply of water, gas, heating and electricity.

3. Education and vocational training:

(a) AI systems intended to be used to determine access or admission or to assign natural persons to educational and vocational training institutions at all levels;

(b) AI systems intended to be used to evaluate learning outcomes, including when those outcomes are used to steer the learning process of natural persons in educational and vocational training institutions at all levels;

(ba) AI systems intended to be used for the purpose of assessing the appropriate level of education that individual will receive or will be able to access, in the context of/within education and vocational training institution;

(bb) AI systems intended to be used for monitoring and detecting prohibited behaviour of students during tests in the context of/within education and vocational training institutions.

4. Employment, workers management and access to self-employment:

(a) AI systems intended to be used for recruitment or selection of natural persons, notably to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates;

(b) AI intended to be used to make decisions affecting terms of the work related relationships, promotion and termination of work-related contractual relationships, to allocate tasks based on individual behaviour or personal traits or characteristics and to monitor and evaluate performance and behaviour of persons in such relationships.

5. Access to and enjoyment of essential private services and essential public services and benefits:

(a) AI systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for essential public assistance benefits and services, including healthcare services, as well as to grant, reduce, revoke, or reclaim such benefits and services;

(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems used for the purpose of detecting financial fraud;

(c) AI systems intended to evaluate and classify emergency calls by natural persons or to be used to dispatch, or to establish priority in the dispatching of emergency first response services, including by police, firefighters and medical aid, as well as of emergency healthcare patient triage systems;

(ca) AI systems intended to be used for risk assessment and pricing in relation to natural persons in the case of life and health insurance.

6. Law enforcement, insofar as their use is permitted under relevant Union or national law:

(a) AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, agencies, offices or bodies in support of law enforcement authorities or on their behalf to assess the risk of a natural person to become a victim of criminal offences;

(b) AI systems intended to be used by or on behalf of law enforcement authorities or by Union institutions, bodies and agencies in support of Law enforcement authorities as polygraphs and similar tools;

(d) AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, agencies, offices or bodies in support of law enforcement authorities to evaluate the reliability of evidence in the course of investigation or prosecution of criminal offences;

(e) AI systems intended to be used by law enforcement authorities or on their behalf or by Union institutions, agencies, offices or bodies in support of law enforcement authorities for assessing the risk of a natural person of offending or re-offending not solely based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or to assess personality traits and characteristics or past criminal behaviour of natural persons or groups;

(f) AI systems intended to be used by or on behalf of law enforcement authorities or by Union agencies institutions, agencies, offices or bodies in support of law enforcement authorities for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences.

7. Migration, asylum and border control management, insofar as their use is permitted under relevant Union or national law:

(a) AI systems intended to be used by competent public authorities as polygraphs and similar tools;

(b) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies to assess a risk, including a security risk, a risk of irregular migration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;

(d) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies to assist competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status, including related assessment of the reliability of evidence;

(da) AI systems intended to be used by or on behalf of competent public authorities, including Union agencies, offices or bodies, in the context of migration, asylum and border control management, for the purpose of detecting, recognising or identifying natural persons with the exception of verification of travel documents.

8. Administration of justice and democratic processes:

(a) AI systems intended to be used by a judicial authority or on their behalf to assist a judicial authority in researching and interpreting facts and the law and in applying the law to a concrete set of facts or used in a similar way in alternative dispute resolution;

(aa) AI systems intended to be used for influencing the outcome of an election or referendum or the voting behaviour of natural persons in the exercise of their vote in elections or referenda. This does not include AI systems whose output natural persons are not directly exposed to, such as tools used to organise, optimise and structure political campaigns from an administrative and logistic point of view.

[Previous version]

High-Risk AI Systems Referred (6)3

In each of the areas listed under points 1-8, the AI systems specifically mentioned under each letter are considered to be high-risk AI systems pursuant to Article 6(3):

1. Biometrics:

  1. Remote biometric identification systems.

2. Critical infrastructure:

  1. AI systems intended to be used as safety components in the management and operation of critical digital infrastructure, road traffic and the supply of water, gas, heating and electricity.

3. Education and vocational training:

  1. AI systems intended to be used to determine access, admission or to assign natural persons to educational and vocational training institutions or programmes at all levels;
  1. AI systems intended to be used to evaluate learning outcomes, including when those outcomes are used to steer the learning process of natural persons in educational and vocational training institutions or programmes at all levels.

4. Employment, workers management and access to self-employment:

  1. AI systems intended to be used for recruitment or selection of natural persons, notably to place targeted job advertisements, to analyse and filter job applications, and to evaluate candidates;
  1. AI intended to be used to make decisions on promotion and termination of work-related contractual relationships, to allocate tasks based on individual behaviour or personal traits or characteristics and to monitor and evaluate performance and behaviour of persons in such relationships.

5. Access to and enjoyment of essential private services and essential public services and benefits:

  1. AI systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for essential public assistance benefits and services, as well as to grant, reduce, revoke, or reclaim such benefits and services;
  1. AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by providers that are micro and small-sized enterprises as defined in the Annex of Commission Recommendation 2003/361/EC for their own use;
  1. AI systems intended to be used to dispatch, or to establish priority in the dispatching of emergency first response services, including by firefighters and medical aid;
  1. AI systems intended to be used for risk assessment and pricing in relation to natural persons in the case of life and health insurance with the exception of AI systems put into service by providers that are micro and small-sized enterprises as defined in the Annex of Commission Recommendation 2003/361/EC for their own use.

6. Law enforcement:

  1. AI systems intended to be used by law enforcement authorities or on their behalf to assess the risk of a natural person for offending or reoffending or the risk for a natural person to become a potential victim of criminal offences;
  1. AI systems intended to be used by law enforcement authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
  1. [deleted]
  1. AI systems intended to be used by law enforcement authorities or on their behalf to evaluate the reliability of evidence in the course of investigation or prosecution of criminal offences;
  1. AI systems intended to be used by law enforcement authorities or on their behalf to predict the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or to assess personality traits and characteristics or past criminal behaviour of natural persons or groups;
  1. AI systems intended to be used by law enforcement authorities or on their behalf to profile natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences.
  1. [deleted]

7. Migration, asylum and border control management:

  1. AI systems intended to be used by competent public authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
  1. AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular migration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
  1. [deleted]
  1. AI systems intended to be used by competent public authorities or on their behalf to examine applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.

8. Administration of justice and democratic processes:

  1. AI systems intended to be used by a judicial authority or on their behalf to interpret facts or the law and to apply the law to a concrete set of facts.
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