Digital Omnibus on AI: What is Really on the Table as Trilogues Begin?
The Digital Omnibus Package, presented by the European Commission (EC) on November 19, 2025, comprises both the Digital Omnibus on the Data Acquis and the Digital Omnibus on AI (“AI Omnibus”). With the EU AI Act high-risk system obligations set to apply from August 2, 2026, the proposed amendments under the AI Omnibus will require swift action from EU institutions if they aim to simplify or adjust the Act before that date.
While the Data Acquis Omnibus is expected to follow a standard negotiation timeline, a political agreement on the AI Omnibus may be reached before the summer. The adoption of the Council and the European Parliament’s position marks a critical phase as trilogue negotiations have commenced. In the coming weeks, several technical rounds will work to narrow the remaining divergences between the institutions’ respective positions.
Key Developments in the AI Omnibus
A political agreement on a consolidated text is anticipated by the next political trilogue meeting on April 28, 2026. Should this timeline hold, endorsement by Parliament and the Council could follow in May and June, respectively, with potential publication in the Official Journal in July 2026, ahead of the August 2nd deadline.
Convergence on Strategic Points
Institutions are currently converging on several strategic points:
- Fixed High-Risk Timelines: Both institutions reject the Commission’s conditional mechanism, proposing hard dates: December 2, 2027, for stand-alone high-risk AI systems (Annex III) and August 2, 2028, for AI embedded in regulated products (Annex I).
- New Legal Basis for Data Processing: Institutions support a new legal basis for processing personal data for bias detection and correction, requiring convergence on specific language during trilogues.
- Prohibition of “Nudifier” Generative AI Systems: Both texts introduce bans targeting AI systems capable of generating non-consensual intimate images and child sexual abuse material. This prohibition applies where the tool is designed for such purposes or where misuse is foreseeable.
- Registration of “Exempted” High-Risk Systems: The Council and Parliament reinstate the obligation for AI systems operating in Annex III contexts to be registered, unlike the Commission’s proposal to delete this requirement.
- Proportionality Benefits for Small and Medium-Sized Companies (SMCs): All institutions support extending proportionality measures, including simplified documentation and reduced penalties.
Open Points for Negotiation
While significant convergence has occurred, several points remain open for negotiation:
- Literacy: A split exists between a binding duty (Parliament) and soft encouragement (Council) regarding AI literacy.
- Governance and AI Office Powers: Institutions agree on centralizing oversight, but the Council adds carve-outs for sectoral legislation and critical infrastructure.
- Final Synthetic Content Timing: There is a divergence regarding the enforcement date, with the Council proposing February 2, 2027, and the Parliament suggesting a shorter extension to November 2, 2026.
- Sectoral AI Safety Integration: The Parliament moves all Annex I-A product categories into Annex I-B, integrating AI Act requirements into multiple sectoral laws, unlike the Council’s proposal.
- Cybersecurity Alignment: The Parliament proposes that high-risk AI systems meeting cybersecurity requirements should be presumed compliant with Article 15 of the AI Act, while the Council did not include this provision.
- High-Risk Classification Clarification: The Parliament introduces a provision clarifying that AI features used for convenience do not constitute safety functions unless they pose actual risks, a provision absent in the Council’s text.
Conclusion
The AI Omnibus introduces meaningful clarifications and targeted adjustments to the EU AI Act but does not alter the fundamental compliance architecture that organizations must prepare for. Despite rapid institutional alignment, it is crucial to note that this remains a legislative proposal until formally adopted and published.
For businesses, the safest course of action is to continue planning against the original deadline of August 2, 2026. Although the proposed fixed timelines for high-risk systems (2027/2028) are likely to survive the trilogue phase, their practical benefit is limited until the AI Omnibus is formally adopted. Companies should maintain their existing compliance plans, as the primary advantage of the delay pertains to enforcement timelines.
