Point 2 of Annex III AI Act lists as high-risk six use cases of AI systems intended to be used as a safety component in the management and operation of certain specific cases of critical infrastructure, notably critical digital infrastructure, road traffic, or in the supply of water, gas, heating or electricity. Recital 55 AI Act clarifies that this classification aims to address the risk that a failure or malfunctioning of such a system could endanger the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
However, even if certain AI systems may fall outside the scope of the critical infrastructure use case listed in point 2 of Annex III AI Act, they could still be classified as high-risk pursuant to Article 6(1) AI Act where they are regulated by Union harmonisation legislation listed in Annex I (see Section III). This may be the case , for example, for AI systems embedded in products covered by the Union harmonisation legislation listed in Annex I AI Act, such as radio equipment, cableway installations, civil aviation, or rail systems.