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)

Record EU-01 · COM(2022) 496; procedure 2022/0303(COD)

Issued by: European Commission
Jurisdiction: European Union
Level · region: Supranational · Europe
Published / adopted: 2022-09-28
Last updated: 2025-10-06
Language: All 24 official EU languages
Official identifier: COM(2022) 496; procedure 2022/0303(COD)

Summary

Proposed directive that would have set common rules for non-contractual, fault-based civil claims for damage caused by AI systems. National courts could order providers or users of a high-risk AI system suspected of causing damage to disclose evidence, and would presume non-compliance with a duty of care where a defendant failed to do so. Courts would also presume a causal link between the defendant's fault and the AI system's output under set conditions; for providers of high-risk systems, fault meant breaching AI Act requirements on training data, transparency, human oversight, accuracy, robustness or cybersecurity. Both presumptions were rebuttable.

Safety topics

accountability & liabilityrisk-based classification

Status notes

Proposed on 28 September 2022 (COM(2022) 496 final, procedure 2022/0303(COD)). With the revision of the Product Liability Directive it formed a package covering different types of liability: this proposal national claims based on fault, the Product Liability Directive producers' no-fault liability for defective products. Article 5 would have required the Commission to review the directive and to evaluate whether no-fault liability rules and insurance cover are needed for certain AI systems. Annex IV of the Commission's 2025 work programme (COM(2025)45 final of 11 February 2025) listed it for withdrawal, giving the reason 'No foreseeable agreement' and adding that the Commission would assess whether another proposal should be tabled or another type of approach chosen. The Commission approved the withdrawal at its meeting of 16 July 2025, and the withdrawal was published in the Official Journal C series on 6 October 2025 (C/2025/5423); the European Parliament's procedure file records the proposal as withdrawn by the Commission on that date.

Sources

Open the official source https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52022PC0496

Secondary source: https://eur-lex.europa.eu/eli/C/2025/5423/oj/eng

Local copy

Archived. The secondary source returned a bot-check or empty page this time (The site returned a JavaScript bot-check page (web application firewall) instead of the document); the earlier copy is kept. Saved with a headless browser because the plain download looked incomplete. A source changed since the previous snapshot; both versions are kept. Last attempt 2026-10-17 18:20:27 UTC

Official source (third-party copy, not published) archive/EU-01/2026-10-17/official-2.html

Retrieved 2026-10-17 18:20:33 UTC

SHA-256 363ae6f5690ef71fbaa06bb4e8da303cfeaaee86383f96392f4bc0d652af58ba

Warning: The site returned a JavaScript bot-check page (web application firewall) instead of the document

Official source, rendered in a browser (third-party copy, not published) archive/EU-01/2026-10-17/official-rendered.html

Retrieved 2026-10-17 18:19:05 UTC

SHA-256 ab4c67c7547c10eea2e2a3d7b37dd27bce7e6fdf5de509f7f3f78c670d7c3117

Official source, printed to PDF by a browser (third-party copy, not published) archive/EU-01/2026-10-17/official-print-2.pdf

Retrieved 2026-10-17 18:21:31 UTC

SHA-256 552c42d778429eddceb4249cf74f293d76c21e102832a4399580de89670c9011

Secondary source (third-party copy, not published) archive/EU-01/2026-10-11/secondary-2.html

Retrieved 2026-10-11 14:07:19 UTC

SHA-256 d1c6255015c67d8915af1b80116a55ddb297c12b0353383e9be39c0f08c122b8

Verification

The instrument's own official text, or an official register, was stored and confirms the title, date and status. checked 2026-10-17 · official-url-fetched

Stored and read in this run: the EUR-Lex text of the proposal COM(2022) 496 (HTML of 17 Oct 2026, identical in text to that of 11 Oct 2026, and the PDF), which confirms the title, the date of 28 Sept 2022, the procedure number and the provisions in the summary; and the EUR-Lex notice C/2025/5423 'Withdrawal of Commission proposals' (OJ C, 6 Oct 2025), which lists COM(2022)496 final, 2022/0303 (COD) and says the Commission approved the withdrawals on 16 July 2025, with reasons in COM(2025)45 final (Annex IV). Also stored: the European Parliament's Legislative Observatory procedure file for 2022/0303(COD) (oeil.europarl.europa.eu, HTML and its PDF export), which gives the status 'Procedure lapsed or withdrawn' and the event '06/10/2025 Proposal withdrawn by Commission'; and the EUR-Lex text of the Commission Work Programme 2025 (COM(2025) 45 final), whose Annex IV, entry 32, gives the reason for the withdrawal. Version 1's claims from the EP Legislative Train were not used. The stored PDF of the 2019 political guidelines (document-1) is not about this proposal.

Second check: Independent check by Claude Code (claude-sonnet-5-5), 2026-10-17: 8 field(s) supported.

History

2026-10-17verification.level: B → A — level computed from the evidence by tools/pipeline.py2026-10-17-recheck-europe-1 · Claude Code (claude-opus-5-5)
2026-10-17notes: Proposed 28 Sept 2022. The Commission announced its withdrawal in the 2025 Commi → Proposed on 28 September 2022 (COM(2022) 496 final, procedure 2022/0303(COD)). W — rewritten from the stored texts; the withdrawal approval of 16 July 2025, the work programme's reason (Annex IV, entry 32), the Parliament's record of the withdrawal and Article 5's review clause added; 'Kept for historical context' dropped as a remark about the register2026-10-17-recheck-europe-1 · Claude Code (claude-opus-5-5)
2026-10-17safety_topics: ["accountability & liability"] → ["accountability & liability", "risk-based classification"] — one topic is below the minimum of two; 'risk-based classification' added because the disclosure rules and the presumption conditions differ for high-risk and other AI systems (Articles 3 and 4)2026-10-17-recheck-europe-1 · Claude Code (claude-opus-5-5)
2026-10-17summary: Proposed harmonised rules for fault-based civil liability claims involving AI. I → Proposed directive that would have set common rules for non-contractual, fault-b — rewritten from Articles 1, 3 and 4 of the stored proposal; the version-1 sentence on complementing the AI Act and the PLD moved to the notes with its quote2026-10-17-recheck-europe-1 · Claude Code (claude-opus-5-5)

Related records

New Product Liability Directive European Union · In force

EU AI Act European Union · Partially in force

Citation

European Commission. 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) [COM(2022) 496; procedure 2022/0303(COD)]. 2022-09-28. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52022PC0496. Status: Revoked / withdrawn; verified 2026-10-17 (level A). Local copy archive/EU-01/2026-10-17/official-2.html retrieved 2026-10-17 18:20:33 UTC, SHA-256 363ae6f5690ef71fbaa06bb4e8da303cfeaaee86383f96392f4bc0d652af58ba. Every AI Policy Ever, version 1.18 (snapshot 2026-10-18), record EU-01.

Improve this record

Know of an amendment, a status change or an error? Report news or an error on GitHub; the form opens with this record filled in.