Annex II AI Act

List of criminal offences referred to in Article 5(1), first subparagraph, point (h)(iii)

Official text

List of criminal offences referred to in Article 5(1), first subparagraph, point (h)(iii) Criminal offences referred to in Article 5(1), first subparagraph, point (h)(iii):

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terrorism,

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trafficking in human beings,

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sexual exploitation of children, and child pornography,

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illicit trafficking in narcotic drugs or psychotropic substances,

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illicit trafficking in weapons, munitions or explosives,

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murder, grievous bodily injury,

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illicit trade in human organs or tissue,

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illicit trafficking in nuclear or radioactive materials,

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kidnapping, illegal restraint or hostage-taking,

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crimes within the jurisdiction of the International Criminal Court,

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unlawful seizure of aircraft or ships,

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rape,

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environmental crime,

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organised or armed robbery,

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sabotage,

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participation in a criminal organisation involved in one or more of the offences listed above.

Source: EUR-Lex, Regulation (EU) 2024/1689 — text reproduced verbatim.

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Frequently asked questions

What does Annex II of the AI Act contain?

Annex II contains the list of criminal offences referred to in Article 5(1)(h)(iii). This list determines for which crimes real-time remote biometric identification by law enforcement may be used.

Which crimes are listed in Annex II?

The list includes terrorism, trafficking in human beings, child sexual exploitation, drug trafficking, arms trafficking, murder, grievous bodily injury, organ trafficking, nuclear material trafficking, kidnapping, ICC crimes, aircraft/ship hijacking, rape, environmental crime, armed robbery, sabotage, and participation in criminal organisations.

What is the list in Annex II used for?

The list determines when law enforcement authorities may use real-time remote biometric identification in publicly accessible spaces. This is only permitted for searching for suspects of the specific serious criminal offences listed.

Can police use facial recognition for all crimes?

No. Real-time remote biometric identification in publicly accessible spaces is only permitted for the serious crimes specifically listed in Annex II, and only under strict conditions set out in Article 5.

Can the list in Annex II be expanded?

The list in Annex II is fixed in the regulation. Any change would require a formal amendment of the AI Act by the EU legislator.

Does cybercrime fall under Annex II?

Cybercrime is not explicitly listed in Annex II. However, sabotage and crimes within the jurisdiction of the International Criminal Court are mentioned, which could encompass certain cyber-related offences.

Why is Annex II relevant for municipalities and police?

Annex II sets the boundaries for biometric surveillance in public spaces. Municipalities and police may only deploy real-time facial recognition for the serious crimes listed in Annex II, with prior judicial authorisation.

How does Annex II relate to the ban on biometric surveillance?

The AI Act in principle prohibits real-time biometric identification in public spaces, but makes an exception for law enforcement for the serious crimes in Annex II, under strict conditions such as judicial approval.