The European Commission published draft guidelines on the classification of high-risk AI systems under Article 6 of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689). The draft is open for targeted consultation until June 23, 2026. The guidelines aim to support uniform application of Article 6 across EU Member States by competent market surveillance authorities and by providers and deployers assessing whether their AI systems require full high-risk compliance.
Article 6 of the AI Act establishes a two-tier classification test. Under Article 6(1), an AI system is high-risk when it serves as a safety component of a product governed by EU harmonisation legislation listed in Annex I, and that product requires third-party conformity assessment. Under Article 6(2), an AI system is high-risk when it falls within a use-case category in Annex III, which covers biometric identification, critical infrastructure, education and vocational training, employment and worker management, access to essential private and public services, law enforcement, migration and border control, and administration of justice. Article 6(5) grants the Commission authority to issue guidelines including practical classification examples.
Providers of AI systems that may qualify as high-risk under the Annex III categories must register those systems in the EU AI database, conduct conformity assessments, establish quality management systems, and prepare technical documentation before placing systems on the EU market. Employers deploying AI in recruitment, promotion, or disciplinary decisions face classification exposure under Annex III category 4. Banks and insurance companies using AI for creditworthiness scoring or risk pricing face classification exposure under Annex III category 5. Providers can use the practical examples in the draft guidelines to assess their classification position ahead of finalisation.
The draft guidelines also clarify the scope of Article 6(3), which allows providers to demonstrate that a system falling within an Annex III category does not present a significant risk of harm despite its use-case classification, and therefore should not be treated as high-risk. The consultation accepts input from providers, deployers, market surveillance authorities, civil society, and academia until June 23, 2026. Final guidelines are expected before the Annex III compliance obligations fully apply.
Licentium advises AI system providers on Article 6 classification analysis and high-risk AI compliance under the EU AI Act, and may assist with Annex III use-case mapping and conformity assessment preparation. Please contact us to discuss your classification position. Work we undertake includes high-risk AI classification reviews, EU AI database registration support, technical documentation drafting, quality management system design, and conformity assessment coordination for EU market entrants.
Source: European Commission, Draft Commission Guidelines on the Classification of High-Risk AI Systems under Article 6 of the AI Act, consultation deadline 23 June 2026, https://digital-strategy.ec.europa.eu/en/library/draft-commission-guidelines-classification-high-risk-ai-systems
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