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Pending Regulation AI Safety

EU Digital Omnibus (AI)

Digital Omnibus on AI Regulation Proposal

Proposed amendments to the EU AI Act that would delay high-risk AI system obligations by up to 16 months, making compliance conditional on availability of harmonised standards and support tools.

Jurisdiction

European Union

Enacted

Pending

Effective

TBD

Enforcement

European Commission, Member State authorities

Council adopted position March 13, 2026. Parliament IMCO/LIBE committees adopted joint position March 18. Parliament plenary voted 569 in favor March 26. Trilogue negotiations beginning.

European Commission Digital Strategy

Why It Matters

If adopted, would provide additional time for AI Act compliance preparation, particularly for high-risk AI systems. Creates uncertainty about enforcement timeline.

Recent Developments

Council adopted its negotiating position March 13, 2026, following the Hungarian Presidency third compromise text (Council document ST-6963-2026 dated March 5, 2026). Provisional agreement reached at trilogue between Council and European Parliament on May 7, 2026. Formal endorsement by Council and Parliament and legal-linguistic revision pending; target adoption before August 2, 2026. Key changes: (i) Article 4 AI literacy moves from a mandatory provider/deployer obligation to encouragement by Member States and the Commission referencing DigComp/DigCompEdu/DigCompO frameworks; (ii) Article 10 legal basis for processing special-category personal data for bias detection/correction extended beyond high-risk systems to providers and deployers of other AI systems and models, subject to GDPR Article 9(2)(g) safeguards; (iii) SME and Small Mid-Cap Enterprise definitions added with proportionality measures; (iv) unified single application and assessment procedure for notified bodies designated under multiple Union harmonisation legislations. Annex III high-risk rules apply December 2, 2027; Annex I high-risk rules apply August 2, 2028. New Article 5 prohibition on AI systems for generating CSAM, with December 2, 2026 compliance deadline. Sources: consilium.europa.eu press release May 7, 2026; Bird & Bird trilogue analysis.

At a Glance

Requires

Who Must Comply

  • Providers of high-risk AI systems
  • Deployers of high-risk AI systems
  • Providers of AI systems generating synthetic content

Safety Provisions

  • High-risk AI system requirements (Annex III) delayed to December 2, 2027 (long-stop date)
  • High-risk systems in regulated products delayed to August 2, 2028 (long-stop date)
  • AI-generated content labeling (Art. 50) deadline extended to February 2, 2027 for existing systems
  • Earlier compliance if Commission confirms sufficient support measures are available
  • Removes mandatory AI literacy obligation for providers/deployers (shifts to member states)

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European Union

Focus Areas

Child safety
Algorithmic accountability

Cite This

APA

European Union. (n.d.). Digital Omnibus on AI Regulation Proposal.

Last updated May 10, 2026. Verify against primary sources before relying on this information.