Delegated Acts
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Overview
5 sources · Sep 8, 2026Legal Framework
The AI Act establishes a layered framework for delegated acts. Article 7 empowers the Commission to adopt delegated acts under Article 97 to amend Annex III. Article 11(3) similarly authorizes delegated acts to update Annex IV on technical documentation. Article 108 integrates these powers into sectoral legislation by amending Regulation (EU) 2018/1139.
The core obligation for safety components appears across amended Articles 17, 19, 43, and 47:
"When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account."
— AI Act Art. 108
Key Developments
No court rulings have yet interpreted the AI Act's delegated act provisions; thresholds derive from the statutory text. Article 7(1) sets two cumulative conditions for expanding Annex III:
"The Commission is empowered to adopt delegated acts in accordance with Article 97 to amend Annex III by adding or modifying use-cases of high-risk AI systems where both of the following conditions are fulfilled"
— AI Act Art. 7
The Commission must apply the Article 7(2) criteria—intended purpose, autonomy, data processed, and demonstrated harm—before adding use cases. For technical documentation:
"The Commission is empowered to adopt delegated acts in accordance with Article 97 in order to amend Annex IV, where necessary, to ensure that, in light of technical progress, the technical documentation provides all the information necessary to assess the compliance of the system with the requirements set out in this Section."
— AI Act Art. 11
Status of the Debate
This topic is actively contested. The Commission's discretion to expand high-risk classifications through delegated acts intersects with the EU institutional balance. The boundary between permissible technical updating and substantive policy expansion remains undefined. No court has ruled on whether the Article 7(1) conditions are justiciable or operate as political safeguards. Whether delegated acts under Article 108 properly integrate AI Act requirements into sectoral regulations will be tested once the Commission exercises these powers. Resolution requires a court ruling or Parliament objection clarifying the limits of delegated authority.
Practical Guidance
- Map which AI systems qualify as "safety components" under Article 6(1) to anticipate when Article 108 delegated acts affect conformity assessments.
- Track Commission consultations on Annex III amendments; Article 7(2) criteria signal which use cases will be added.
- Maintain technical documentation under Article 11 that anticipates Annex IV amendments.
- For products under sectoral legislation amended by Article 108, ensure conformity assessments account for AI Act Chapter III, Section 2 requirements.
- Monitor the first delegated acts under Article 7 and Article 11(3), as these will set practical thresholds for Commission discretion.
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