The Council of the EU has agreed its position on a proposal to streamline certain rules regarding artificial intelligence, as part of the “Omnibus VII” legislative package in the EU simplification agenda. The package includes two regulations intended to simplify the EU digital legislative framework and the implementation of harmonised artificial intelligence rules. The initiative is framed as essential for strengthening EU digital sovereignty, providing greater legal certainty, making requirements more proportionate and ensuring more harmonised implementation across member states, with the goal of supporting companies, facilitating innovation and boosting competitiveness in Europe.
The European Commission proposed to adjust the timeline for applying rules on high-risk artificial intelligence systems by up to 16 months, so that the rules start to apply once the Commission confirms the needed standards and tools are available. The Commission also proposed targeted amendments to the artificial intelligence act that would extend certain regulatory exemptions granted to SMEs also to small mid-caps (SMCs), reduce requirements in a very limited number of cases, extend the possibility to process sensitive personal data for bias detection and mitigation, reinforce the artificial intelligence office’s powers and reduce governance fragmentation. Member states broadly maintained this approach but expanded it with additional safeguards and clarifications.
The Council mandate adds a new provision in the artificial intelligence act prohibiting artificial intelligence practices regarding the generation of non-consensual sexual and intimate content or child sexual abuse material. The text also introduces a fixed timeline for the delayed application of high-risk rules: the new application dates would be 2 December 2027 for stand-alone high-risk artificial intelligence systems and 2 August 2028 for high-risk artificial intelligence systems embedded in products. The mandate reinstates the obligation for providers to register artificial intelligence systems in the EU database for high-risk systems when they consider their systems to be exempted from classification as high-risk, and it restores the standard of strict necessity for processing special categories of personal data for bias detection and correction.
Further changes postpone the deadline for establishing artificial intelligence regulatory sandboxes by competent national authorities until 2 December 2027. The text clarifies the competences of the artificial intelligence office for supervising artificial intelligence systems based on general-purpose models where the model and system are developed by the same provider, while listing exceptions in which national authorities remain competent, including law enforcement, border management, judicial authorities and financial institutions. The Council mandate also introduces a new obligation for the Commission to provide guidance to help economic operators of high-risk artificial intelligence systems covered by sectoral harmonisation legislation comply with high-risk requirements in a way that minimises compliance burdens. Following approval of the mandate, the Council presidency will open negotiations with the European Parliament, building on broader EU efforts since 2024 to simplify legislation and reduce administrative and reporting burdens under a series of ten “Omnibus” packages.
