IEEE MCAIT 2026 · accepted · EU AI Act, Regulation (EU) 2024/1689 as amended by the Digital Omnibus

TierGuard

A deterministic triage-and-abstention baseline for the AI Act's Article 5 prohibited practices, Annex III high-risk use-cases and Article 50 transparency duties. From a free-text system description it either issues a candidate tier bound to its governing provision, or returns an INDETERMINATE, review-required outcome carrying candidate provisions and missing facts — deliberately separating workflow escalation from legal conclusion. Annex I product-safety routing is out of scope and every record says so.

58%
correct-or-referred on the post-freeze primary set (n = 45)
40%
silent under-classification on the same set (95% CI 27–55%) — the headline limit, not a footnote
27%
severe: high-risk or prohibited references silently missed
91%
correct-or-referred on the Commission's draft high-risk guideline examples (20 / 22)
71%
silent under-classification for a naive keyword baseline on the same post-freeze set, same definitions

The outcome model

One tier-track primary outcome, plus zero or more concurrent Article 50 flags recorded on every outcome (Art. 50(6): transparency duties coexist with higher tiers). Uncertainty is an outcome, never a tier.

Prohibited-candidate

An Article 5 signal fired. If confirmed, the system must not be placed on the market or used. Always escalated for legal confirmation.

High-risk-candidate

A strong Annex III use-case rule fired. Escalated so a human can confirm the tier and check the Art. 6(3) derogation before the Art. 9–15 stack is treated as applicable.

INDETERMINATE

An Annex III context was named without a resolved use-case, or a consequential automated decision about people was detected with no specific rule. Not a finding: a review-required record with candidate provisions and missing facts.

Minimal, with Art. 50 flags

No Art. 5/6 trigger. Article 50 duties — chatbot disclosure, synthetic-content marking, deep-fake labelling — are recorded as concurrent flags with provider/deployer attribution.

TierGuard pipeline: lexical detect, derive-or-abstain, ground with a citation; indeterminate outcomes route to human review.
Lexical detect → derive-or-abstain → ground. Candidate tiers carry an Article/Annex citation; indeterminate outcomes carry candidate provisions and missing facts and route to review.

What it is — and what it is not

It is pattern-based detection with synonym normalisation over free text, a versioned rule set of 22 rules each bound to the provision it cites, a targeted escalation net for consequential decisions about persons, a machine-readable, version-pinned decision record, and an abstention-aware evaluation protocol that measures error direction, compliance-washing and language collapse. It is released as a baseline for semantic-web and LLM approaches to beat.

It is not semantic understanding, not an impact calculus, and not a legal classifier. On the post-freeze set it silently under-classifies 40% of systems; euphemised descriptions of consequential systems evade its rules; off English, exact agreement collapses. Reference labels are author-assigned; two engine-blind annotators reproduce them at 96% — a practitioner reproducibility check, not legal validation. These figures establish a measured floor and an evaluation protocol for free-text triage, not a deployable screen.

Tools

Cite

R. Kamsheh, "TierGuard: A Deterministic Triage-and-Abstention Baseline for Article 5, Annex III and Article 50 of the EU AI Act," in Proc. 6th Int. Multi-Conf. Artificial Intelligence Technology (MCAIT), Madinah, Saudi Arabia, Nov. 2026.

Proceedings DOI and page numbers will be added once IEEE Xplore publishes the volume.