Changes to the AI Act Approved by the Council of the EU
These are the key changes | Edition #302
Today, the Council of the European Union approved the amendments to the EU AI Act, including the postponement of the high-risk deadlines.
These are the key changes:
1. New application dates:
2 December 2027 for high-risk AI systems listed on Annex III;
2 August 2028 for high-risk AI systems listed on Annex I;
2 August 2027 is the new deadline for the establishment of AI regulatory sandboxes by competent authorities at the national level;
2 December 2026 is when the grace period ends for providers to implement transparency solutions for AI-generated content.
2. New prohibited AI practice:
The generation of non-consensual sexual and intimate content or child sexual abuse material (CSAM) will be prohibited.
AI systems that generate nude images of real people or edit clothes out in existing photos to reveal intimate parts are banned starting in December 2026.
3. Clarification of the competences of the AI Office:
The new text clarifies the competences of the AI Office for the supervision of AI systems based on general-purpose AI models where the model and that system are developed by the same provider.
It lists the exceptions where national authorities remain competent, including law enforcement, border management, judicial authorities, and financial institutions.
4. Interplay between sectoral rules and the AI Act:
For high-risk AI systems covered in Annex I (those already regulated by sectoral laws, such as medical devices, toys, lifts, watercraft, and many others), the new text limits the AI Act’s application in situations where sectoral laws already impose AI-specific requirements similar to those of the AI Act.
5. Machinery exemption:
Products covered by machinery regulation (and previously classified as high-risk under Annex I) were exempted from direct applicability of the AI Act;
The EU Commission is empowered to adopt secondary legislation under the machinery regulation to add health and safety requirements to the machinery systems that are also covered by the AI Act.
6. Minimizing compliance burden:
The new text also adds an obligation for the EU Commission to provide guidance to assist economic operators of high-risk AI systems covered by Annex I (those already covered by sectoral law) in complying with the high-risk requirements of the AI Act in a manner that minimizes the compliance burden.
A reminder that the legislative act making these changes official still has to be published in the Official Journal of the European Union. It will enter into force three days after it is published there.
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