AI Regulation: Partial postponement no longer ruled out

Some EU member states are hoping that the application of the AI Regulation could be postponed, at least in part. The EU Commission also wants to reduce bureaucracy in the EU's digital laws with an omnibus law ("Digital Omnibus"). No exact date has yet been set for the project, but it is to be drawn up in the coming months and put on the agenda for discussion with the European Parliament and Council by the College of Commissioners. Unlike other legislation, there is not a single subject of regulation, but a large number of planned amendments to a wide variety of existing laws.

One regulation that may be affected is the European AI Regulation (AI Act). While a ten-year regulatory moratorium is currently being debated in the US Congress, parts of the EU's AI Act have long since come into force. But for the rest, some of the prerequisites, technical standards and the so-called "Code of Practice" for application-specific models (GPAI), which is intended to lay down the rules for such systems in an implementing act, are still missing. Providers and their associations complain that they do not have enough time to prepare.

Germany open to longer deadlines

Jan Kavalírek, Deputy Minister of Industry and AI Commissioner of the Czech Republic, called on the Commission to consider amending parts of the AI Act with the omnibus. Although the Czech Republic's eastern neighbor is already further along than Germany with its legal implementation of the AI Act, it is proposing to postpone the validity of some parts that have not yet come into force by another two years.

Germany would be open to extending the deadlines due to the delay in the standards, said Karsten Wildberger (CDU) at the meeting of telecommunications ministers in Luxembourg. The demands of Danish Digital Minister Caroline Stage Olsen went much further. She called for a general moratorium on new rules in the digital sector. Instead, she wants to reform the General Data Protection Regulation (GDPR) and thus remove barriers to AI development.

Virkkunen does not rule out partial postponement

Only the Commission has the right to propose legislation in the EU. Its Vice-President Henna Virkkunen avoided a clear commitment at the ministerial meeting. Even the discussion about a possible delay would lead to companies showing less willingness to apply EU rules, said Virkkunen. The EU must stick to its principles and pursue the goal of creating "trustworthy AI in Europe" and legal certainty.

At least the ministers are not falling on completely deaf ears. However, Virkkunen also left little doubt that the actual prerequisites for future parts of the AI Act are currently lacking. "If we see that standards and specifications are not ready in time, we should not rule out postponing parts of the AI Act in the coming months," said the EU Commissioner responsible for technical sovereignty.

(vbr)