Late last week, the Council of the EU circulated its first compromise text regarding the "Digital Omnibus" proposal. For organizations hoping the Commission’s November proposal would delay implementation or slash administrative duties, the latest text serves as a significant reality check.
The Council is effectively pushing back against the attempt to reopen the core political agreements of the AI Act. Instead of deregulation, Member States are prioritizing legal certainty and continuity.
Key takeaways from the January 30th discussions:
Fixed Deadlines are Back: The Council has rejected the Commission's proposal for "floating" compliance deadlines tied to the publication of harmonized standards. The text signals a return to fixed hard dates to ensure market predictability meaning the original implementation timeline remains the target.
Registration Reinstated: The proposal to delete the registration requirement for providers claiming the "non-high-risk" derogation has been scrapped. If you self-assess that your system is exempt under Article 6(3), you will likely still need to register that status in the EU database, albeit via a simplified process.
AI Literacy Obligations Persist: The Commission initially proposed downgrading Article 4 from a corporate obligation to a state-led "encouragement." The Council has blocked this blanket removal. The compromise text clarifies that for High-Risk AI systems, ensuring staff competence remains a mandatory duty for providers and deployers.
FRIA Safeguards Retained: The attempt to remove or significantly narrow the Fundamental Rights Impact Assessment (FRIA) for public authorities and specific deployers has been largely rejected. The Council views this as a critical safeguard that must remain in place.
What this means for your roadmap:
The "Digital Omnibus" is shaping up to be a correction rather than a cancellation of duties. If your compliance strategy was on hold anticipating delays or the removal of these requirements, it is time to pivot back to the original roadmap.
Navigating these legislative fluctuations requires agility. At AWAREMIND.ai we are closely monitoring the Antici Group discussions to ensure compliance strategies remain robust as we approach the finalization of this text.