AI Act after the Digital Omnibus: Article 49(4)(b) still lists point 9 of Annex VIII, Section B, which was deleted

Article 1, point (42), of Regulation (EU) 2026/1744 deleted points 7 and 9 of Annex VIII, Section B. Article 49(4)(b) still lists points 8 and 9 of Section B. This has been noted publicly before.

Consequence

For a system registered in the secure non-public section, one listed field no longer exists.

Proposed correction

Amend Article 49(4)(b) to refer to Section B, points 1 to 5 and point 8, of Annex VIII.

Jurisdiction

European Union — European Union

Act

Regulation (EU) 2024/1689 (Artificial Intelligence Act)

Place

Article 49(4)(b) after Regulation (EU) 2026/1744

Record

Discrepancy

Class

Amendments

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-31

Evidence

Contradiction within the text. Quotations are verbatim from the official material; translations are ours and marked.

in Annex VIII, section B, points 7 and 9 are deleted;

Section B, points 1 to 5, and points 8 and 9 of Annex VIII;

How to check it without Arxo's tools

1. Open Regulation (EU) 2026/1744 amending Regulation (EU) 2024/1689 (Digital Omnibus on AI) and find Article 1, point (42). Compare the text with the quotation above. A copy is kept in this register: 9d754652b8677228-en.xhtml (SHA-256 9d754652b867722807e4219c85912ce354233e58a1b4eb8c7752b4d1922993db, copy of the official file).
2. Open Regulation (EU) 2024/1689, consolidated text of 27 July 2026 (documentation aid) and find Article 49(4)(b). Compare the text with the quotation above. A copy is kept in this register: 5e7719f77e8a606b-en.xhtml (SHA-256 5e7719f77e8a606b257dc25958ee3222c4383300a5a34270a5b850a2ce8b8715, copy of the official file).
3. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI models helped read and compare the texts and review the draft letters.

Described earlier by

• Zahed Ashkara, Praxikon: The Praxikon page on Article 71 noted that Article 49(4)(b) still lists point 9 of Annex VIII, Section B, after Regulation (EU) 2026/1744. source

Responsible institutions

• European Commission, European AI Office — applies the Regulation and prepares the Commission's guidelines
• Council of the European Union, General Secretariat, Directorate for Quality of Legislation — lawyer-linguists of the co-legislator; corrigendum procedure
• European Parliament, Directorate for Legislative Acts — lawyer-linguists of the co-legislator; corrigendum procedure

Reported to

Responses

No response recorded.

History

1. 2026-10-31Confirmed by Arxo
2. 2026-10-31Entered in the register
3. 2026-10-31Reported to European Commission, European AI Office (e-mail)
4. 2026-10-31Reported to Council of the European Union, General Secretariat, Directorate for Quality of Legislation (e-mail)
5. 2026-10-31Reported to European Parliament, Directorate for Legislative Acts (e-mail)

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0418, https://arxo.io/findings/ARXO-2026-0418/ (status as of 2026-10-31). Data: ARXO-2026-0418.json.