The Digital Omnibus package introduced a structural inversion in EU AI governance: where governance obligations previously followed system behavior, they now follow sector category. This technical note diagnoses that inversion as a governance-substrate reconfiguration and identifies its three structural consequences: the severance of the link between autonomy and governance, the collapse of behavioral governance into placement governance, and the institutionalization of lobbying as a mechanism for adjusting governance coverage. The crane-versus-scalpel asymmetry that has drawn public attention is the symptom. The core problem is the implementing-acts mechanism through which governance coverage is now permanently adjustable by political influence, sector by sector. Risk is constant. Autonomy is constant. Behavioral drift is constant. Governance coverage is now a variable. This note locates the failure at the substrate layer—the pre-execution formation layer where what an agentic system can represent, form, and become is defined—and argues that sectoral frameworks are structurally incapable of reaching this layer regardless of implementation quality.
Narnaiezzsshaa Truong (Sat,) studied this question.