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Praxikon
Annex III point 2High-risk domain

AI in critical infrastructure

For operators, vendors and public or private infrastructure managers using AI where failures can affect safety and access to essential services.

Annex III point 2 focuses on AI systems intended for safety components or management of specific critical infrastructure. The draft guidelines cover critical digital infrastructure, road traffic, water, gas, heating and electricity.

Scope according to the guidelines

The Commission splits this area into critical digital infrastructure, road traffic and the supply of water, gas, heating and electricity.

Classification question

Is the AI intended to manage, prioritise or secure infrastructure in a way that can affect safety or availability?

What the Commission draft guidelines say

Summary by Praxikon of the draft of 19 May 2026. The draft is not binding; the final guidelines have not yet been published.

Only AI acting as a safety component falls under point 2: a component that fulfils a safety function or whose failure endangers the health or safety of persons or property (Article 3(14)). The draft splits the area into critical digital infrastructure, road traffic and the supply of water, gas, heating and electricity, and reads it alongside the NIS2 Directive and the CER Directive: the AI Act applies in addition, not instead. No FRIA applies to point 2 (Article 27(1)).

Examples that are high-risk

  • AI controlling traffic lights or intelligent junctions.
  • AI in the monitoring and treatment of drinking water.
  • AI in gas detection or leak monitoring of a network.
  • AI balancing an electricity grid where failure can cause outages.

Examples that can fall outside

  • Administrative planning without a safety function.
  • Customer service or marketing of an energy company.
  • Consumption forecasts at aggregate level.

Falling outside depends on the intended purpose and on the Article 6(3) exception, which never applies to profiling.

The overview of all eight areas and the dates is on Annex III of the AI Act; the Article 6(3) filter is explained in the Commission guidelines on high-risk AI.

What to document

Intended purpose and context of use.
Why Article 6(2) and Annex III do or do not apply.
Whether the Article 6(3) filter may apply, and whether profiling blocks it.
Which provider and deployer obligations are triggered.

Infrastructure AI Act quick scan

Map the infrastructure function, AI output and impact on safety or availability.

Frequently asked questions

Short answers for classification, evidence and next steps under Annex III.

When should infrastructure be assessed under Annex III?

The Commission splits this area into critical digital infrastructure, road traffic and the supply of water, gas, heating and electricity. The practical starting question is: Is the AI intended to manage, prioritise or secure infrastructure in a way that can affect safety or availability?

Which use cases are included in Critical infrastructure?

This domain page expands the main routes: Critical digital infrastructure, Road traffic and traffic management and Water, gas, heating and electricity. For each system, check the intended purpose, the output and the impact on access, rights or safety.

What should be documented before obligations are determined?

Document the intended purpose, use context, relevant Annex III route, Article 6(3) assessment, any profiling, provider/deployer roles and the required safeguards.