The AI Act uses the terms ‘intended to be used’ as a requirement for the classification of an AI system as high-risk under the use cases listed in Annex III AI Act (with exceptions in point 1(a) and point 5(d) Annex III AI Act). Such intended use is identical to the intended purpose of the system as defined by the provider (see Section II.2. above). If the intended purpose does not encompass one of the use cases listed in Annex III AI Act, the system is not ‘intended to be used’ for such a use case and therefore cannot be classified as high-risk pursuant to Article 6(2) AI Act.
Moreover, to be classified as high-risk pursuant to Article 6(2) AI Act, it is not necessary for the AI system to be actually in use. Instead, the provider must assess the intended use of the system before placing it on the EU market or puttingit into service. It is at that moment that theAI system, if it is high-risk, must be in conformity with the requirements for high-risk systems and that the provider of the system must meet the obligations for such systems.