The European Commission published draft implementing regulation Ares(2026)9589403 on 12 October 2026 and opened a consultation on it. The draft sets practical arrangements for access to the file and negotiated disclosure under Article 75d(2)–(3) of Regulation (EU) 2024/1689, and specific arrangements for limitation periods under Article 75c(4), (5) and (8), for operators of AI systems within the exclusive competence of Article 75(1). Feedback closes 9 November 2026.
Who this affects
- For exporters: Operators of AI systems based on general-purpose AI models developed by the same provider (or same undertaking) or integrated into very large online platforms or search engines designated under Regulation (EU) 2022/2065 face defined access-to-file and limitation rules once proceedings open under Article 75a(2).
- For investors: The draft establishes five-year limitation periods for imposition and enforcement of fines and periodic penalty payments, subject to interruption by listed Commission investigative actions and an outer limit of twice the limitation period.
- For counsel/compliance: Access to the full unredacted file is limited to a specified number of external legal and economic counsel and external technical experts who are not employees of the addressee; business secrets are protected by redaction, non-confidential versions, and one-week objection windows before disclosure.
- For policymakers: The draft implements the practical arrangements required by Articles 75c(8) and 75d(3) of Regulation (EU) 2024/1689 for Commission proceedings against operators under Article 75(1) exclusive competence.
The read
The draft confines unredacted access to external advisers under Commission-set terms of disclosure and restarts the five-year limitation clock on six categories of investigative action (requests for documentation, system-evaluation access, inspections, structured-dialogue invitations, opening of Article 75a(2) proceedings, and re-opening under Article 75b), with a hard outer limit of twice the limitation period plus any suspension time. This structure concentrates file-handling and timing control with the Commission for the systems under Article 75(1) exclusive competence.
What was the action?
The Commission published the draft implementing regulation (Ares(2026)9589403, dated 12 October 2026) setting out the practical arrangements required by Article 75c(8) and Article 75d(3) of Regulation (EU) 2024/1689 and opened a public consultation on it.
What’s the penalty / scope, and how is it set?
No monetary penalty is imposed by the draft. The draft defines (i) when and to whom access to the Commission’s file is granted after notification of preliminary findings under Article 75c(2), (ii) the redaction and objection process for business secrets and confidential information under Article 3, and (iii) the five-year limitation periods for imposition and enforcement of penalties under Article 75c(8), including the six interrupting actions listed in Article 4(2) and the outer limit in Article 4(3).
Who else is exposed?
Not specified in the record beyond operators of AI systems within the scope of Article 75(1) of Regulation (EU) 2024/1689 and natural or legal persons who submit documents containing business secrets to the Commission in those proceedings.
What happens next
The consultation period runs until 9 November 2026 (midnight Brussels time). The draft states that it has not been adopted or endorsed by the European Commission; adoption timing is not specified in the draft text.
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