Delegated Acts
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Overview
16 sources · Jul 23, 2026Legal Framework
The AI Act establishes a cross-sectoral procedural bridge between its own high-risk requirements and pre-existing product safety legislation. Articles 103, 106, and 107 of the AI Act amend Regulation (EU) No 167/2013 (agricultural machinery), Directive (EU) 2016/797 (railway interoperability), and Regulation (EU) 2018/858 (motor vehicle type-approval), respectively. Each amendment inserts a new paragraph requiring that, when the European Commission adopts delegated acts under the base regulation concerning AI systems that qualify as safety components within the meaning of the AI Act, the requirements set out in Chapter III, Section 2 of the AI Act must be taken into account. Chapter III, Section 2 covers the substantive obligations for high-risk AI systems, including risk management, data governance, technical documentation, record-keeping, transparency, human oversight, accuracy, and robustness. Additionally, Article 92 of the AI Act confers a specific delegated-act power on the Commission to determine the information that standardized icons must display and the procedures for their establishment.
Key Developments
No case law or enforcement decisions yet interpret these delegated-act provisions, as the AI Act's application dates for high-risk obligations have not arrived. The amendments to the sectoral regulations signal that the Commission's exercise of its pre-existing delegated-act powers is now legally conditioned by AI Act requirements. Where the Commission previously enjoyed broad discretion to set technical specifications for safety components under sectoral frameworks, it must now demonstrably integrate the Chapter III, Section 2 criteria into its delegated-act drafting. This creates a justiciable obligation: delegated acts adopted under the amended sectoral instruments that fail to account for AI Act high-risk requirements may be vulnerable to annulment under Article 263 TFEU.
Practical Guidance
Map your AI system's regulatory footprint across sectors. If your AI system functions as a safety component in a regulated product (e.g., railway signaling, vehicle braking, agricultural machinery), identify which sectoral regulation applies and whether the Commission has adopted or is developing delegated acts under that instrument affecting your component.
Track delegated-act consultations. The Commission must consult stakeholders when preparing delegated acts. Monitor the Commission's Better Regulation portal for initiatives under Regulations 167/2013, 2018/858, and Directive 2016/797 that touch on AI safety components, and submit position papers arguing for alignment with Chapter III, Section 2 requirements.
Build compliance on dual tracks. Ensure your AI safety component satisfies both the sectoral technical requirements (as specified in delegated acts) and the AI Act's Chapter III, Section 2 obligations, since delegated acts must take the latter into account.
Prepare for challenge opportunities. If a delegated act under a sectoral regulation affects your AI safety component and does not adequately address Chapter III, Section 2 requirements, consider supporting or initiating annulment proceedings before the General Court.
Monitor Article 92 icon standardization. If your AI system requires user-facing transparency icons, follow the Commission's delegated-act process under Article 92, which will define mandatory icon content and establishment procedures.