EU Commission misses February deadline to publish high-risk AI system guidance

The European Commission has missed a 2 February deadline to publish guidance on how operators of high-risk artificial intelligence (AI) systems can meet the requirements of the Artificial Intelligence Act (AI Act). 

The delayed guidance concerns Article 6, which defines high-risk applications and outlines stricter documentation and compliance requirements, including post-market monitoring plans.

Commission officials are currently integrating months of feedback and intend to publish a final draft for further review by the end of February, with formal adoption expected in the spring. However, the delay coincides with growing calls from officials and organisations that they are unprepared for the complex requirements due to take effect in August.

The Commission, which has changed its position from last year, is now proposing a Digital Omnibus package that could simplify high-risk classifications and delay the entry into force of these rules by up to 16 months. Deputy Director-General Renate Nikolay recently informed the European Parliament that this additional time is necessary to develop technical standards and ensure legal certainty for businesses. The policy reversal highlights the challenges to implement the regulatory framework as originally scheduled, as the EU prioritises establishing a functional system over meeting initial legislative deadlines.

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