News - Date Tuesday | 24 February 2026
Case 3162/2025/MIK - Opened on Thursday | 19 February 2026 - Institution concerned European Commission - Country Belgium

• Complaint submitted 29/10/2025

• Analysis of the complaint 29/10/2025

• Inquiry ongoing 19/02/2026

• Preliminary outcome

• Inquiry outcome

The European Ombudswoman has asked the European Commission to provide more clarity around the guidelines meant to assist the implementation of the AI Act after a complainant pointed out possible discrepancies between requirements imposed by the Act and the Code of Practice for general-purpose AI models.

The complainant, a Member of the European Parliament, had contacted the Commission concerning the fact that while the AI Act requires providers to maintain up-to-date information about the energy consumption used in general-purpose AI models, including their development, the Code of Practice seems to exempt them from this obligation in certain circumstances.

The complainant turned to the Ombudswoman after the Commission said its role is limited to deciding whether the Code as a whole is adequate or not, rather than, as the complainant had suggested, amending the Code to bring it in line with the AI Act. The complainant also suggested the Commission should approve the Code through an implementing act, which would ensure it is applied uniformly across the EU.

In opening the inquiry, the Ombudswoman asked the Commission to address the complainant’s specific concerns about the energy consumption reporting requirements and clarify its position that it is not empowered to assess individual elements of the code.

The Ombudswoman also asked the Commission for the reasoning it would apply when deciding on whether to approve the Code of Practice by adopting an implementing act, which would give it ‘general validity’ in the EU.

She requested that a first meeting to discuss these issues take place by 20 March 2026.

Background

The EU’s Artificial Intelligence Act entered into force in August 2024 and is meant to regulate how AI systems are developed and used.

The Code of Practice is a set of guidelines drawn up by stakeholders, including industry, civil society and academia to help providers of AI systems meet the AI Act’s requirements.