Regulation (EU) 2026/1744, Articles 2 and 3
What the Omnibus changed outside the AI Act
Most coverage of Regulation (EU) 2026/1744 stops at its Article 1, which amends the AI Act. Two further articles amend other law: the civil aviation regulation and the machinery regulation. They matter because they decide how AI inside an aircraft and AI inside a machine are regulated at all.
Machinery: a move to a sectoral approach
This is the larger of the two changes. Recital 42 states that applying the machinery regulation and the AI Act together might lead to overlaps
, and that it is therefore appropriate to move to a sectoral approach by moving Regulation (EU) 2023/1230 from Section A to Section B of Annex I to Regulation (EU) 2024/1689
. The practical effect is that the AI Act’s application to those machines is limited to the provisions in its Article 2(2), rather than the full high-risk regime.
The protection is not dropped, it is relocated. The Commission is required to adopt delegated acts amending Annex III to the machinery regulation so that it carries the high-risk requirements from Chapter III, Section 2 and Articles 17, 19, 72 and 73 of the AI Act. Recital 42 states those delegated acts should apply by 2 August 2028
, aligning with the entry into application of the high-risk rules. In the meantime, manufacturers may rely on harmonised standards adopted under the AI Act for the presumption of conformity under Article 20 of the machinery regulation.
Aviation: a technical correction
The aviation change is narrower. Article 108 of the AI Act already required the Commission, when adopting delegated or implementing acts under the civil aviation regulation, to take the high-risk requirements into account. Recital 44 describes the Omnibus change as a technical correction
extending that duty to further articles, so the high-risk requirements are fully covered
across the aviation regulation’s rule-making powers.
Aviation keeps its own machinery of government: the recital is explicit that this operates without interfering with existing governance, conformity assessment and enforcement mechanisms and authorities established therein
. Seven articles gain the same new paragraph.
Article 2: Amendments to Regulation (EU) 2018/1139
Amending Regulation (EU) 2018/1139 (civil aviation)
Regulation (EU) 2018/1139 is amended as follows:
in Article 27, the following paragraph is added:
‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence (AI) systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.
in Article 31, the following paragraph is added:
‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning AI systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’
in Article 32, the following paragraph is added:
‘3. When adopting delegated acts pursuant to paragraph 1 concerning AI systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’
in Article 36, the following paragraph is added:
‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning AI systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’
in Article 39 the following paragraph is added:
‘3. When adopting delegated acts pursuant to paragraph 1 concerning AI systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’
in Article 50, the following paragraph is added:
‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning AI systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’
in Article 53, the following paragraph is added:
‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning AI systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’
Article 3: Amendments to Regulation (EU) 2023/1230
Amending Regulation (EU) 2023/1230 (machinery)
Regulation (EU) 2023/1230 is amended as follows:
in Article 8, the following paragraphs are added:
‘The Commission shall adopt delegated acts in accordance with Article 47 of this Regulation to amend Annex III to this Regulation by adding health and safety requirements in respect of Artificial Intelligence (AI) systems that are classified as high-risk pursuant to Article 6(1) of Regulation (EU) 2024/1689 of the European Parliament and of the Council due to the fact that they are a safety component in a product covered by this Regulation, or they are themselves a product covered by this Regulation. Those requirements shall ensure that the relevant requirements set out in Chapter III, Section 2, and Articles 17, 19, 72 and 73 of Regulation (EU) 2024/1689 are reflected.
When adopting the delegated acts referred to in the third paragraph, the Commission shall take into account the objectives of Regulation (EU) 2024/1689 and ensure a level of protection consistent with that Regulation. Those delegated acts shall apply by 2 August 2028.
in Article 20, the following paragraph is added:
‘10. Until harmonised standards or common specifications are referenced or adopted pursuant to this Article as regards high-risk AI systems, high-risk AI systems within the scope of this Regulation which comply with the relevant harmonised standards referenced, or common specifications adopted pursuant to Articles 40 and, respectively, 41 of Regulation (EU) 2024/1689 shall be presumed to be in conformity with the essential health and safety requirements set out in Annex III to this Regulation as regards high-risk AI systems.’
Article 47 is amended as follows:
paragraphs 2 and 3 are replaced by the following:
‘2. The power to adopt delegated acts referred to in Article 6(2) and (11) and Article 7(2), shall be conferred on the Commission for a period of five years from 19 July 2023. The power to adopt delegated acts referred to in Article 8, third paragraph, shall be conferred on the Commission for a period of five years from 27 July 2026. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
3. The delegation of power referred to in Article 6(2) and (11), Article 7(2) and Article 8, third paragraph, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’
paragraph 6 is replaced by the following:
‘6. A delegated act adopted pursuant to Article 6(2) and (11), Article 7(2) or Article 8, third paragraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’.