The European Commission has postponed its decision on whether to pause the EU AI Act’s high-risk requirements, leaving businesses waiting for clarity. A final announcement is now expected in November as part of a broader digital legislation package.
As the European Commission prepares to unveil its Apply AI Strategy, a key decision on the EU AI Act’s high-risk requirements remains unresolved. Officials had considered announcing a potential pause alongside the strategy, but that plan has been shelved. Instead, a final decision is now expected in November, bundled within a broader legislative update known as the digital omnibus.
What’s behind the delay?
The idea of pausing the high-risk provisions stems from delays in standardization and compliance tools. Under the AI Act, developers and deployers of high-risk AI systems face strict due diligence requirements starting August 2, 2026. However, the technical standards and guidance needed to implement these rules are not expected until mid-2026, raising concerns about legal uncertainty and readiness.
The Commission had initially planned to give businesses early clarity by announcing a “stop the clock” mechanism, but the timeline shifted when the digital omnibus package was moved up to November 19. This change made a separate pre-announcement less relevant.
Member States weigh In
The issue has sparked debate among EU member states. While many support a delay, countries like Spain, Austria, and the Netherlands have voiced opposition. A postponed meeting of the European AI Board, now set for October 24, will give national representatives another chance to share their views.
A draft agenda for the meeting includes a session on “AI Act implementation priorities and outlook on digital omnibus,” indicating that the topic remains open for discussion.
What are the options?
Several paths are still under consideration:
- Full Pause: Delay the high-risk requirements until standards are ready, though timing remains uncertain.
- Differentiated Approach: Apply delays selectively based on the progress of each standard.
- Common Specifications: The Commission could issue its own technical guidelines, but this option is unpopular with industry and would take time.
- Grace Period: Poland has proposed delaying the enforcement (sanctions) rather than the rules themselves, creating a de facto grace period.
MEP Brando Benifei, the lead lawmaker on the AI Act, suggested that any delay should be conditional—only allowed if common specifications are used when standards are still unavailable.
What’s next?
The Commission is expected to make a final decision in November, when the digital omnibus package is presented. Until then, businesses and regulators remain in limbo, awaiting clarity on how and when the high-risk provisions of the AI Act will be enforced.
Source: MLex
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