The European Parliament promotes the 'AI Digital Omnibus' to simplify the implementation of the AI Regulation (RIA)

The European Parliament is promoting the AI Digital Omnibus to simplify and adjust the application of the Artificial Intelligence Regulation (RIA), addressing issues identified in its initial implementation phase, such as the lack of available technical standards, the risk of disproportionate burdens, and the need for greater legal clarity. The proposal expands and clarifies the definition of AI system (including AI agents), revises the AI literacy approach, broadens the banned practices, and establishes a phased and conditional timeline for high-risk system obligations. Meanwhile, Spain has opened a public consultation on the Digital Omnibus to gather national contributions that help ensure the practical, proportionate, and innovative application of the new regulatory framework.

Key points:

• Explicit recognition of AI agents: a new functional category is added to the definition of 'AI system', characterized by the ability to undertake autonomous actions in the real world with less human oversight. The legal definition is modified to include not only outcomes such as predictions or content but also 'actions', avoiding regulatory gaps and fully subjecting these agents to the RIA.
• Review of the AI literacy regime: the direct obligation on providers and professional users to ensure their personnel's AI literacy is removed. This is replaced with a promotion approach through the Commission and Member States, via training programs, informational resources, and best practices, acknowledging that a uniform model would create excessive burdens, especially for SMEs.
• Expansion of the catalogue of banned practices: systems capable of generating or manipulating sexualized audio, images, or videos that facilitate the non-consensual dissemination of manipulated intimate material are banned, addressing existing legal uncertainty regarding these applications.
• Conditional extension of obligations for high-risk AI: August 2, 2026 remains the general application date of the AI Law, but the obligations of Chapter III for high-risk systems are no longer tied to a fixed date and now depend on the effective availability of harmonized standards, common specifications, and Commission guidelines.
• New phased timeline: a six-month period is set following the Commission's decision for the application of obligations to high-risk systems under Article 6.2 and Annex III of the AI Law, and a 12-month period for systems under Article 6.1 and Annex I of the AI Law.
• Absolute deadline: obligations for the systems of Annex III RIA must be met before December 2, 2027. The obligations of Annex I RIA must be fulfilled before August 2, 2028, even if no harmonized standards are available.
• Strengthening the role of norms and guidelines: a model based on interpretative guidelines and technical standards is promoted as the main tools to ensure legal certainty, with the aim of reducing the need for additional enforcement actions.
• Key regulatory message: the Parliament emphasizes that the main risk of the RIA is not a lack of ambition but a premature implementation without adequate technical tools. Therefore, legal certainty, the reduction of administrative burdens, and a gradual and realistic implementation must be prioritized.
• Status of the legislative procedure: the Digital Omnibus package is currently in the preliminary phase, with draft opinions being prepared by the Parliament's advisory committees. The next step will be the adoption of opinions in the advisory committees, the drafting and voting of the joint report by IMCO and LIBE, voting in a plenary session on first reading, and the submission of the text to the Council.
• Subsequent interinstitutional procedure: if the Council approves the text without changes, the regulation will be adopted. If it modifies it, a second reading or a conciliation phase between the Parliament, the Council, and the Commission will open.
• Public consultation in Spain: for its part, the Ministry of Digital Transformation and Public Function opened a national public hearing on the Digital Omnibus to gather contributions to facilitate its practical application, with a deadline for participation of February 8, 2026.

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