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DRAFT OPINION (COM(2022)0496 – C90320/2022 – 2022/0303(COD))

On the proposal for a directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)

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Committee on the Internal Market and Consumer Protection · Rapporteur: Kosma Złotowski

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✦ In short · AI summary of this text, generated 25 Sept 2026

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The Committee on the Internal Market and Consumer Protection's draft opinion calls on the Committee on Legal Affairs to propose rejection of the Commission's proposed AI Liability Directive. It argues that adopting the directive now is premature and unnecessary because the AI Act and the revised Product Liability Directive already cover AI liability, and national tort laws offer further remedies. It says the Commission's 2022 impact assessment relied on hypothetical scenarios, ignored the final texts of the AI Act and Product Liability Directive, and lacked market data. It warns that new procedural rules on evidence disclosure and burden of proof would raise compliance burdens, especially for SMEs, and make litigation easier, including third-party litigation funding. It asks that the new rules be implemented and tested first, and that any further measures wait for real market data and a thorough impact assessment.

Committee position. The committee calls on the Committee on Legal Affairs to propose rejection of the Commission's proposal for an AI Liability Directive, arguing it is premature, unnecessary and not supported by evidence.

Key points

  1. The committee calls on the Committee on Legal Affairs to propose rejection of the Commission's proposal for an AI Liability Directive.
  2. It finds adopting an AI Liability Directive at this stage premature and unnecessary.
  3. It notes the AI Act entered into force on 1 August 2024 and its rules apply by August 2026 or 2027 depending on risk classification.
  4. It notes the Product Liability Directive (EU) 2024/2853 must be transposed by the end of 2026 and has expanded liability rules for software and AI applications.
  5. It cites Commission data that enterprises using AI rose from 7.6% in 2021 to 8.0% in 2023, and that at this pace only 16.8% will use AI by 2030 against an EU target of 75%.
  6. It argues the Commission's 2022 impact assessment relied on hypothetical scenarios, disregarded insurance premium cost increases, and admitted no statistical data on AI-caused damage exists.
  7. It points out that Commission guidelines on the definition of AI systems under Article 96(1) of the AI Act do not yet exist, leaving the proposal's subject unclear.
  8. It says the proposal focuses on procedural rules such as evidence disclosure and burden of proof, which could disrupt national civil law systems.
  9. It finds the harmonisation argument speculative and says no market failure or legal gap has been demonstrated.
  10. It asks that third-party litigation funding be addressed before any further progress on the directive.
  11. It recommends waiting for the AI Act and Product Liability Directive to be implemented and evaluated before considering additional targeted measures.

Who is affected

  • Businesses, especially SMEs, which the committee says would face higher compliance burdens and liability costs.
  • The AI sector, which the committee says needs innovation-friendly measures rather than added liability rules.
  • National civil law systems, which the committee says could be disrupted by procedural changes.
  • Third-party litigation funders, whose activity the committee says must be addressed first.

Figures and deadlines

  • 1 August 2024: date the AI Act entered into force.
  • August 2026 or 2027: dates by which AI Act rules apply depending on risk classification.
  • End of 2026: deadline to transpose Product Liability Directive (EU) 2024/2853.
  • 7.6% in 2021 to 8.0% in 2023: share of enterprises using AI, an increase of 0.4 percentage point in 2 years.
  • 16.8% by 2030: projected share of enterprises using AI at current pace, against an EU target of 75%.