European Union: European Ombudswoman opened inquiry into possible discrepancies between guidelines on AI Act and AI Code of Practice

On 19 February 2026, the European Ombudswoman opened an inquiry (Case 3162/2025/MIK) into possible discrepancies between the guidelines on the AI Act and the AI Code of Practice. The inquiry follows a complaint from a Member of the European Parliament. While the AI Act mandates that providers maintain current information on energy consumption during the development of general-purpose AI models, the Code of Practice allegedly contains exemptions for certain circumstances. The complainant raised concerns after the Commission stated its authority was restricted to evaluating the adequacy of the Code in its entirety rather than amending specific provisions to ensure alignment with the AI Act. The Ombudswoman has requested that the Commission clarify its legal position regarding its power to assess individual elements of the Code. Furthermore, the inquiry seeks the Commission's reasoning for deciding whether to adopt the Code via an implementing act, a measure suggested by the complainant to provide "general validity" across the European Union and ensure uniform application. The Commission is also required to address specific concerns regarding energy consumption reporting requirements.