The EU AI Act Newsletter #87: Digital Simplification Consultation Launches
The European Commission has launched a call for evidence to seek input on simplifying legislation through the upcoming Digital Omnibus.
Welcome to the EU AI Act Newsletter, a brief biweekly newsletter by the Future of Life Institute providing you with up-to-date developments and analyses of the EU artificial intelligence law.
Legislative Process
Simplification consultation launches: The European Commission has launched a call for evidence seeking input on simplifying legislation through the upcoming Digital Omnibus, particularly regarding data, cybersecurity and artificial intelligence. This initiative aligns with the Commission’s broader simplification agenda, aiming to create a more business-friendly environment by reducing administrative burdens. The plan targets an overall reduction in administrative burden of at least 25% for all companies and 35% for SMEs, as outlined in the Competitiveness Compass. The Commission emphasises its commitment to maintaining high standards of online fairness and safety while creating an innovation-friendly regulatory environment with streamlined procedures, reduced paperwork and simplified rules. This call for evidence, open until 14 October 2025, follows stakeholder consultations on the Data Union Strategy, Cybersecurity Act revision, and Apply AI Strategy. It represents the first step in simplifying the EU’s digital rulebook.
Guidance and reporting for serious AI incidents: The European Commission has released draft guidance and a reporting template for serious AI incidents under Article 73 of the AI Act, which requires providers of high-risk AI systems to report such incidents to national authorities. The initiative aims to facilitate early risk detection, ensure accountability, enable swift responses to incidents, and build public confidence in AI technologies. Although these rules won’t take effect until August 2026, the Commission is making these materials available early to help providers prepare. The draft guidance includes definitions, practical examples, and explanations of how these new requirements relate to existing legal obligations. The approach aligns with international efforts, including the OECD’s AI Incidents Monitor and Common Reporting Framework. Stakeholders are invited to participate in a public consultation until 7 November, particularly to provide feedback and examples regarding how these requirements interact with other reporting regimes.
No overall moratorium coming: According to Cynthia Kroet from Euronews, the European Commission has rejected calls to pause the AI Act’s implementation, with Commission official Yvo Volman confirming to EU lawmakers that no moratorium is being considered. Speaking to the European Parliament’s LIBE Committee, Volman emphasised that the focus remains on making the rules work practically. He also clarified that the upcoming digital simplification package, due in December, won’t involve a complete overhaul of the AI Act, addressing concerns about potential US pressure influencing changes. The Commission’s digital fitness check will result in an “omnibus” package aimed at reducing bureaucracy and certain transparency requirements. Volman stressed that this initiative should help EU companies thrive globally, with priority given to optimal implementation of the rules and help industry understand them.
Analyses
Against AI ‘stop the clock’: Anupriya Datta from Euractiv wrote that the EU Competition Commissioner Teresa Ribera has opposed calls to “stop the clock” or backtrack on EU legislative initiatives, defending the bloc’s AI rules at a recent event. Her stance, as deputy to EU president Ursula von der Leyen, comes amid industry pressure to halt the AI Act’s implementation and the Commission’s own plans to simplify existing regulations. Responding to Mario Draghi’s criticism of EU AI rules, Ribera highlighted tensions that these rules address, particularly regarding publishers’ concerns about AI-generated summaries undermining remuneration and the misappropriation of data and intellectual creativity without proper attribution. While acknowledging strained US-EU relations this year, Ribera suggested these challenges had taught the EU to reduce overdependence on US technology. She noted that 75% of new players benefiting from European regulation are US-based, with some American businesses actively supporting EU digital market initiatives, and suggested that the EU and US competition authorities share similar objectives.
Draghi calls for a pause on high-risk AI: Cynthia Kroet and Vincenzo Genovese from Euronews reported that the former Italian Prime Minister Mario Draghi has called for a pause in implementing EU AI rules while potential drawbacks are evaluated. Speaking at a conference reviewing his 2024 report’s recommendations, Draghi described the AI Act, which came into force last August but won’t fully apply until 2027, as “a source of uncertainty”. Draghi acknowledged that initial regulations, including bans on ‘unacceptable-risk’ systems, were implemented smoothly. Most major developers also signed the general-purpose AI code of practice and guidelines were published as well. Draghi expressed concerns about the next phase. He suggested that rules covering high-risk AI systems in critical infrastructure and health should be suspended pending better understanding of potential disadvantages.
Scrutiny of Member State implementation: Thirty-one organisations have written to the Commissioner Henna Virkkunen expressing serious concerns about Member States’ failure to implement the AI Act and designate national competent authorities by the deadline. They argue this necessitates immediate action from the European Commission and AI Office. The letter highlights how the Commission’s actions are impeding national implementation, with pressure to ‘stop the clock’ and potential deregulation causing hesitation among national governments. Industry-led delays in standards development have further complicated the situation. The organisations warn that this cycle of delays has real consequences for rights protection. They urge the Commission to maintain its commitment to the AI Act without delays or reopening, and to pressure Member States into passing implementing laws. Member States are called upon to prioritise national implementation this year and establish well-resourced AI governance structures with civil society engagement to ensure effective oversight.
Other news on the pause question: The EU is considering pausing enforcement of its AI rules just one year after their adoption, potentially allowing companies breaching high-risk AI rules an additional year of unrestricted operation, reported Pieter Haeck from POLITICO. This shift marks a significant change from the EU’s initial position as a global leader in AI regulation to one concerned about falling behind the US and China. The move also validates industry concerns about the practicality of the current rulebook. Key regulations for AI systems with “serious risk” in areas like HR and education are due to take effect next August. However, companies await crucial technical standards, prompting industry groups and EU countries to request delays. The Commission’s position has evolved, with Tech Chief Henna Virkkunen suggesting possible postponements. Poland has proposed delaying fines by 6-12 months, citing implementation concerns and risks to European startups. While some EU lawmakers oppose delays, some discussions now focus on damage limitation.