THE LONG VIEW

INTELLIGENCE BRIEFING: EU AI Act Guidance Delayed – Legal Uncertainty Escalates Ahead of August Deadline Executive Summary: The European Commission missed the 2 February 2026 deadline to issue critical guidance on high-risk AI systems under Article 6 of the AI Act, intensifying concerns over implementation readiness. With compliance obligations slated for August, the delay exposes a widening gap between regulation and execution, as standardization bodies, national enforcers, and industry remain unprepared. The Commission’s proposed Digital Omnibus package—aiming to delay enforcement by up to 16 months—reflects mounting pressure from U.S. and EU tech firms, raising questions about regulatory influence. Legal certainty is eroding, and stakeholders warn that postponement risks undermining the Act’s credibility and creating a compliance vacuum. Primary Indicators: - European Commission missed 2 Feb. 2026 deadline for Article 6 AI Act guidance - High-risk compliance enforcement still scheduled for August 2026 despite unreadiness - Digital Omnibus proposal seeks 16-month delay and redefinition of high-risk AI - Standardization bodies (CEN and CENELEC) missed 2025 deadline, now targeting end of 2026 - Industry groups like Chamber of Progress calling for enforcement pause - European Parliament members express concern over regulatory credibility and U.S. influence Recommended Actions: - Monitor developments in the Digital Omnibus legislative process for changes to high-risk AI timelines - Engage with national competent authorities to assess local enforcement preparedness - Prepare interim compliance frameworks based on existing AI Act requirements while anticipating updated guidance - Track standardization progress by CEN and CENELEC for technical specifications - Assess exposure to regulatory risk in high-risk AI deployments ahead of potential enforcement shifts Risk Assessment: The silence where guidance should be speaks volumes. A regulation without readiness is not restraint—it is rupture. The Commission’s failure to deliver Article 6 clarity by the mandated deadline reveals a system straining under its own ambition, now bending to political and industrial pressure. Every day without standards is a day of legal drift, where innovators navigate in shadow. The proposed delay, while pragmatic to some, risks transforming the AI Act from a landmark safeguard into a moving target—one that emboldens challengers and weakens enforcement resolve. Should the Omnibus pass, it may grant breathing room, but at the cost of credibility. And should it fail, the Commission will have squandered time it claimed it needed. The hour is late, the framework incomplete, and the world watching. This is not merely a delay. It is a test of the Union’s will to govern the machines it has unleashed. —Sir Edward Pemberton