The European Commission has failed to deliver the legal deadline of February 2, 2026 to provide essential classification guidelines for the EU AI Act.
As noted in Article 6, the Commission was required to deliver a comprehensive list of use cases to help businesses distinguish between high-risk and non-high-risk AI systems.
“The Commission shall, after consulting the European Artificial Intelligence Board (the ‘Board’), and no later than 2 February 2026, provide guidelines specifying the practical implementation of this Article in line with Article 96 together with a comprehensive list of practical examples of use cases of AI systems that are high-risk and not high-risk.”
This delay has left developers and national regulators in France, Germany, and Spain without the legal clarity needed to prepare for upcoming enforcement.
The stall is primarily due to the “Digital Omnibus” proposal which is a legislative package introduced in late 2025 aimed at simplifying compliance.
While intended to reduce administrative burdens, the proposal has faced sharp criticism. In January 2026, the European Data Protection Board (EDPB) and EDPS (European Data Protection Supervisor) warned that these “simplifications” risk diluting accountability and weakening fundamental rights.
