High-risk § 3.2.4

According to the approach presented in section 3.2.1.ii above, ‘an AI system intended to be used in the management and operation of supply of water’ refers to an AI system intended to be used in an asset, a facility, equipment, a network, or an system or a part of an asset, a facility, equipment, a network or a system which is necessary for the provision of the essential services established in Article 2(6) and (7) CER Delegated Regulation. This includes:

• Drinking water supply and drinking water distribution, excluding distribution of water for human consumption, where that service is a non-essential part of the general activity of distributors distributing other commodities and goods (suppliers and distributors of water intended for human consumption).
• Waste water collection, treatment and disposal , excluding collecting, disposing of or treating urban wastewater, domestic wastewater, or industrial wastewater where they are not an essential part of the general activities of undertakings ( undertakings collecting, disposing of or treating urban waste water, domestic waste water and industrial waste water).

AI systems intended to be used in the management and operation of the supply of water should therefore be classified as high risk only if they are intended to be used by a water entity that has been identified as a critical entity by a Member State under the CER Directive.