In November 2025, the European Commission published the Digital Omnibus legislative proposal. Among its wide-ranging provisions, it includes a conditional backstop mechanism that could extend certain high-risk AI system compliance deadlines from 2 August 2026 to as late as 2 December 2027 — a 16-month extension. This has generated significant discussion in the compliance community, with some organisations interpreting it as a signal to slow down preparatory work.
That interpretation is wrong, and here is why.
What the Proposal Actually Says
The Digital Omnibus proposes that the deadline extension for high-risk AI systems would be conditional on the absence of harmonised European standards (hENs) for specific AI Act requirements. The logic is straightforward: if standard-setting bodies (primarily CEN and CENELEC) have not finalised the technical standards that high-risk AI system providers need to demonstrate conformity, it is unreasonable to penalise organisations for non-compliance with standards that do not yet exist.
The conditions are specific. The extension would only apply to obligations where harmonised standards are referenced, not to all high-risk system requirements. Prohibited practices (Article 5), AI literacy (Article 4), and GPAI obligations (Chapter V) are unaffected — these are already in force. The extension is also contingent on the Omnibus itself being adopted through the EU legislative process, which requires passage through both the European Parliament and the Council of the EU.
Current Status of Harmonised Standards
CEN and CENELEC have been working on AI-related harmonised standards under Standardisation Request M/593. Several draft standards are in development, but as of early 2026, no harmonised standards for the AI Act have been published in the Official Journal of the EU. This is the trigger condition: if hENs are not available by the enforcement date, the Omnibus backstop would theoretically apply.
However, the European Commission has indicated that it may publish common specifications (implementing acts under Article 41 of the AI Act) as an interim measure if harmonised standards are not ready in time. Common specifications would provide an alternative pathway to demonstrate conformity, potentially making the standards-availability argument for deadline extension moot even if the Omnibus passes.
Why You Should Not Slow Down
The Omnibus is not law. It is a legislative proposal that must pass through the ordinary legislative procedure. The European Parliament may amend it, the Council may reject provisions, and the AI Act deadline extension may not survive negotiations. Basing your compliance timeline on the assumption that a proposed law will pass unchanged is a risk management failure.
Most compliance work is framework-independent. Building your AI inventory, classifying systems, establishing risk management processes, documenting data governance practices, and implementing human oversight mechanisms — these are required regardless of which specific technical standards apply. Approximately 80% of the compliance effort for high-risk AI systems is framework-agnostic. Waiting for harmonised standards before starting this work simply compresses your timeline.
Early enforcement will target basics. Market surveillance authorities are unlikely to begin enforcement by auditing technical standard alignment. They will start with basics: do you have an AI inventory? Have you screened for prohibited practices? Do you have documentation for your high-risk systems? Are human oversight mechanisms in place? These are all requirements you can address now, without harmonised standards.
Competitors are not waiting. Organisations that achieve compliance ahead of enforcement have a market advantage. They can demonstrate trustworthiness to customers, partners, and regulators. In sectors like financial services, healthcare, and employment, where AI Act compliance intersects with existing regulatory expectations, early compliance is a competitive differentiator rather than a cost centre.
The Recommended Approach
Plan for 2 August 2026. Execute your compliance program against that date. If the Digital Omnibus passes and the extension materialises, you gain 16 months of buffer to refine technical standard alignment — from a position of readiness rather than a standing start. If it does not pass, you are compliant on time.
For a comprehensive view of all enforcement dates and milestones, use the Regulatory Timeline module in EU AI Compass. For a full assessment of your obligations, take the 12-question Compliance Checker. For a deeper assessment across your AI portfolio, our EU AI Act Compliance Toolkit provides structured templates covering all Articles 8-15 requirements.
We monitor the Digital Omnibus legislative progress as part of our regular regulatory watch coverage and will update this article as the proposal advances through the legislative process.
About the author: Abhishek G Sharma is the founder of Move78 International Limited and holds ISO 42001 Lead Auditor, CISA, CISM, CRISC, and CEH certifications.
Disclaimer: This article is for educational purposes only. Regulatory proposals are subject to change during the legislative process. Consult qualified legal counsel for binding compliance decisions. Last updated: March 2026.