EU AI Act: Digital Omnibus trilogue collapses after 12 hours - August deadline for high-risk AI at stake
What it really says
The second political trilogue on the Digital Omnibus on AI ended on April 29, 2026, without agreement after roughly twelve hours of negotiations. Talks began on April 28 and broke down in the early morning hours of April 29. The next trilogue is scheduled for May 13, 2026. Surprisingly, the core question - the postponement of the AI Act's high-risk obligations - was not the sticking point. Negotiations failed over the conformity assessment architecture for AI systems embedded in products that fall under existing EU sectoral safety legislation (Annex I of the AI Act). Specifically, the dispute concerned the European Parliament's push to move sectoral legislation from Annex I Section A to Section B. The actual purpose of the Digital Omnibus: to postpone the deadline for high-risk AI obligations from August 2, 2026, to December 2, 2027 (for standalone high-risk systems) and August 2, 2028 (for AI embedded in regulated products). The Cypriot Council Presidency aims to conclude negotiations before its term ends on June 30, 2026. A political agreement is expected in May or June 2026, followed by formal adoption in June and publication in the Official Journal before end of July 2026.
Our assessment
The situation requires nuanced consideration - it is neither cause for panic nor for complacency. On one hand: the fact that the postponement of high-risk obligations is fundamentally uncontested is reassuring. Parliament, Council, and Commission agree that companies need more time. The current blockage concerns a technical question (conformity assessment), not whether postponement will happen. On the other hand: the clock is ticking. If no agreement is published by end of July, the full high-risk obligations of the AI Act will apply from August 2, 2026 - obligations many companies are not yet prepared for. This particularly affects AI systems in areas like human resources, creditworthiness assessment, education, and critical infrastructure. The delay concern is real but not catastrophic: even with short-term entry into force, immediate enforcement would be unlikely as national supervisory authorities are still being established. The real risk lies in legal uncertainty for companies that don't know which rules apply when.
Relevance for Germany
Highest relevance for Germany. German companies - from automotive manufacturers to insurers to HR-tech startups - deploy AI systems that could fall under the high-risk category. The German Chamber of Commerce (IHK) and digital industry association Bitkom have repeatedly warned about compliance uncertainty. Germany must also designate a national AI supervisory authority by August 2026 and operate at least one AI sandbox. Bird & Bird's Germany office has analyzed the situation in detail. For German mid-sized companies (Mittelstand), the situation is particularly difficult: they need to plan compliance investments but don't know whether the deadline is August 2026 or December 2027. The German federal government supports the postponement, as German companies reportedly still have significant catching up to do on AI compliance according to industry associations.
Fact check
The facts are confirmed through multiple specialized legal and privacy media outlets. IAPP (International Association of Privacy Professionals) reports in detail on the failed trilogue and next steps. Bird & Bird Germany analyzes the implications from a German perspective. The Next Web confirms the breakdown after 12 hours and the failure over the Annex I question. Law firms Ropes & Gray and A&O Shearman provide supplementary legal analyses. The planned postponement to December 2027 and August 2028 respectively is consistently reported across all sources. The next trilogue date (May 13) comes from the IAPP report.
Source
- • IAPP 02.05.2026 (iapp.org/news/a/eu-ai-act-reform-talks-stall-as-key-compliance-deadline-looms)
- • IAPP 05.2026 (iapp.org/news/a/ai-act-omnibus-what-just-happened-and-what-comes-next)
- • Bird & Bird Germany 05.2026 (twobirds.com/en/insights/2026/germany/digital-omnibus-on-ai-trilogue-stalls-ahead-of-the-ai-act-deadline)
- • The Next Web 29.04.2026 (thenextweb.com/news/eu-ai-act-omnibus-deal-fails-april-2026-talks)
- • Ropes & Gray 05.2026 (ropesgray.com/en/insights/viewpoints/102mquz/ai-omnibus-trilogue-underwaywhat-to-expect-as-negotiations-progress)
- • A&O Shearman 04.2026 (aoshearman.com/en/insights/digital-omnibus-on-ai-what-is-really-on-the-table-as-trilogues-begin)