The EU defers its AI Act high-risk duties by more than a year

Regulation (EU) 2026/1744, the Digital Omnibus on AI, was adopted on 8 July 2026 and published in the Official Journal on 24 July 2026. It amends the AI Act — Regulation (EU) 2024/1689 — along with the Basic Aviation Regulation and the Machinery Regulation.

Its main effect is to postpone the obligations attached to high-risk AI systems. Article 113 of the AI Act had set 2 August 2026 as the general date of application. Recital 40 of the Omnibus states that the date of application of Sections 1, 2 and 3 of Chapter III is now 2 December 2027 for systems classified as high-risk under Article 6(2) and Annex III, and 2 August 2028 for systems classified as high-risk under Article 6(1) and Annex I.

The reason given is readiness rather than policy: the recital cites the delayed availability of standards, common specifications and guidance, and the delayed establishment of national competent authorities, as circumstances that “jeopardise the effective entry into application of those obligations”.

The transparency duties of Article 50 are not moved. Recital 38 provides only a four-month transitional period for providers of generative systems already placed on the market before 2 August 2026, to adapt to the marking obligations in Article 50(2).