EU Commission Publishes Draft High-Risk AI Classification Guidelines

The European Commission published draft guidelines on May 19 clarifying how AI systems are classified as high-risk under the EU AI Act, launching a public consultation open until June 23.

Classification framework:

• The guidelines, issued under Article 6(5) of the EU AI Act, clarify the two pathways to high-risk classification

• Pathway 1: AI systems used as safety components in products subject to EU harmonization legislation

• Pathway 2: AI systems falling within the Annex III use-case categories (biometrics, critical infrastructure, education, employment, law enforcement, and others)

• The Commission provides practical examples of systems that should and should not be classified as high-risk

Timeline and process:

• Guidelines arrive three and a half months after the original February 2 target

• Public consultation runs until June 23, 2026

• Final guidelines will be published after consultation responses are reviewed

• Organizations with affected deployments should submit responses to shape final classification criteria

The publication resolves a compliance gap that had frozen significant EU AI investment. Organizations that had deferred deployment pending high-risk classification certainty can now proceed with planning, though final guidelines may adjust based on consultation responses.

Why It Matters: These are the most practically useful compliance documents published under the EU AI Act to date. Organizations in biometrics, critical infrastructure, education, employment, healthcare, and law enforcement sectors should map their AI portfolios against the guidelines immediately.