AI Act Annex III point 1(b): AI systems intended to be used for biometric categorisation, according to sensitive or protected...
Annex III point 1(b) lists: AI systems intended to be used for biometric categorisation, according to sensitive or protected attributes or... High-risk under Article 6(2), subject to Article 6(3). Chapter III, Sections 1 to 3 apply to these systems from 2 December 2027.
- Point
- Annex III, point 1(b)
- Area
- Biometrics, in so far as their use is permitted under relevant Union or national law
- Classification
- Article 6(2): AI systems referred to in Annex III shall be considered to be high-risk
- Derogation
- Article 6(3) provides a derogation
- Chapter III applies from
- 2 December 2027 (Article 113, third paragraph, point (c)(i))
- Version
- Consolidated text of 27.7.2026, as amended by Regulation (EU) 2026/1744
- Official source
- Regulation (EU) 2024/1689, consolidated text
Official wording
High-risk AI systems pursuant to Article 6(2) are the AI systems listed in any of the following areas:
1. Biometrics, in so far as their use is permitted under relevant Union or national law:
(b) 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;
Article 6(3): the derogation exists
Article 6(2): In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall be considered to be high-risk.
Article 6(3): By derogation from paragraph 2, an AI system referred to in Annex III shall not be considered to be high-risk where it does not pose a significant risk of harm to the health, safety or fundamental rights of natural persons, including by not materially influencing the outcome of decision making.
Article 6(3): Notwithstanding the first subparagraph, an AI system referred to in Annex III shall always be considered to be high-risk where the AI system performs profiling of natural persons.
Article 6(4): A provider who considers that an AI system referred to in Annex III is not high-risk shall document its assessment before that system is placed on the market or put into service.
This site does not decide whether Article 6(3) applies to any system. Article 6(3), second subparagraph, lists the conditions: see Sources and method.
When it applies
Article 113, third paragraph, point (c)(i): Chapter III, Sections 1, 2, and 3, with the exception of Article 6(5), shall apply from 2 December 2027 as regards AI systems classified as high-risk pursuant to Article 6(2) and Annex III.
Article 113, second paragraph: the Regulation applies from 2 August 2026 in general. The date for this entry is the one in point (c)(i), stated above.
The wording of point (c) was replaced by Regulation (EU) 2026/1744 of 8 July 2026, named in the header of the consolidated text.
Other points in Annex III point 1
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