§ AI Act BRIEFING

Will the AI Act August 2026 deadline be extended?

Digital Omnibus trilogue is live. Both institutions converge on December 2027 / August 2028. Plan for August 2026 until the amending regulation lands.

Summary

Yes, provisionally. Council presidency and European Parliament negotiators reached a provisional agreement on the Digital Omnibus on 7 May 2026. It amends Article 113 of the AI Act to move the substantive high-risk obligations to 2 December 2027 for stand-alone Annex III systems and 2 August 2028 for AI embedded in regulated Annex I products. The Article 50(2) machine-readable marking obligation moves to 2 December 2026; national AI regulatory sandboxes move to 2 August 2027; a new Article 5 prohibition on AI generation of non-consensual intimate imagery and child sexual abuse material applies from 2 December 2026.

The text still requires formal endorsement by Parliament and Council plus legal-linguistic revision, then publication in the Official Journal. The institutions intend to complete adoption before 2 August 2026.

If the amending regulation is published in the Official Journal before 2 August 2026, the new dates control. If it slips past August, the original Article 113 dates apply on 2 August 2026 and the amending regulation enters into force afterwards. Until publication: the safest course of action is unchanged. Plan for 2 August 2026.

Who this applies to
Any organisation that placed or planned to place high-risk AI on the EU market by 2 August 2026, their general counsel, compliance leaders, and procurement teams.
Compliance deadline
Currently 2 August 2026 (Article 113). Under the Digital Omnibus provisional agreement of 7 May 2026: 2 December 2027 (Annex III) and 2 August 2028 (Annex I), pending formal adoption. Plan for 2 August 2026 until the amending regulation lands in the Official Journal.
§ Key articles

What the law says

AI Act Article 113
Application dates — currently 2 August 2026 for high-risk systems.
AI Act Article 113(3)
GPAI obligations — already applying since 2 August 2025.
AI Act Article 5
Prohibited practices — already in force since 2 February 2025.
AI Act Article 111(2)
Transitional provisions — high-risk systems on the market before the application date have until 2 August 2027 if not significantly modified.
Digital Omnibus on AI
Commission proposal of 19 November 2025 — would amend Article 113 to fixed dates of 2 December 2027 (Annex III) and 2 August 2028 (Annex I).
§ Detail

In depth

What the Digital Omnibus does

The Commission's proposal (COM(2025) 543, 19 November 2025) is a horizontal "omnibus" amending several digital-acquis instruments. The AI Act amendments are the most consequential. The substantive moves:

What it does not do:

Where the institutions agree

Where the institutions disagreed (resolved by the 7 May 2026 provisional agreement)

Why the standards readiness matters

The original "conditional" Article 113 was tied to the publication of harmonised standards by CEN-CENELEC JTC 21. As of April 2026, JTC 21 has not delivered the high-risk standards portfolio (the work programme runs through 2026 with several deliverables targeting late 2026 and early 2027). If standards are still missing in August 2026 and the Omnibus has not yet been published, providers face Article 113 as drafted — meaning conformity assessment with no harmonised-standard presumption of conformity (Article 40), which is operable but materially harder.

Timeline risk: the September–November window

Political agreement was reached on 7 May 2026. Translation, formal adoption by the Council and Parliament, signature, and Official Journal publication typically take 2–4 months from political agreement. The institutions intend to complete adoption before 2 August 2026, but a realistic publication window still straddles the existing 2 August 2026 application date.

If publication is before 2 August 2026: the new dates apply from publication; original Article 113 never fires.

If publication is after 2 August 2026: original Article 113 fires for the high-risk regime on 2 August. The amending regulation, when it lands, retroactively or prospectively (depending on how the entry-into-force clause is drafted) shifts the substantive enforcement date. Most observers expect a brief gap during which providers in good-faith compliance with the outgoing Article 113 will not face enforcement — but there is no formal moratorium.

What expert advice converges on

Across CMS, DLA Piper, A&O Shearman, and the major academic centres, the practical advice is consistent: plan for 2 August 2026. The Omnibus is highly likely to pass in some form, but timing is uncertain and the amending regulation is the only hard ground for replanning. Pre-Omnibus compliance investments are not wasted — the substantive obligations do not change; only the application date might.

What to monitor

§ Action items

Practical steps

01
Plan against 2 August 2026 until the amending regulation is published in the Official Journal; no other date is legally certain.
02
Identify which obligations are in force regardless of the Omnibus: Article 5 prohibitions (in force since 2 February 2025), GPAI (since 2 August 2025), AI literacy (Article 4).
03
For high-risk systems: if your conformity-assessment plan depends on harmonised-standard presumption of conformity (Article 40), build a fallback plan that does not.
04
Track the 28 April 2026 trilogue outcome and subsequent trilogues; brief the executive sponsor monthly on timeline.
05
Review pre-existing contractual commitments tied to the August 2026 date (e.g., procurement clauses) — most can be left as-is; the substantive obligations do not change, only the start date.
§ What Fontvera found

Documents in our corpus

eiopa EU Fetched 2026-04
Opinion on Artificial Intelligence governance and risk management
eurlex EU Fetched 2026-04
EUR-Lex: 32025R0454 (2025-03-07)
ai_office EU Fetched 2026-06
§ Cross-references

Related Fontvera intelligence

Need a cross-border briefing on this?
Search Fontvera ↵ Run the AI Act diagnostic
AI Act Article 50 transparency
50 days
until 2026-08-02, when Article 50 transparency obligations apply (unchanged). Annex III high-risk obligations move provisionally to 2 December 2027 under the Digital Omnibus agreement of 7 May 2026, pending formal adoption.
Preparing for 2 August 2026? Read the EU AI Act August 2026 deadline requirements checklist.