Considerations on COM(2022)414 - Authorisation of the opening of negotiations for a Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law - Main contents
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| dossier | COM(2022)414 - Authorisation of the opening of negotiations for a Council of Europe convention on artificial intelligence, human rights, ... |
|---|---|
| document | COM(2022)414  |
| date | August 18, 2022 |
(2) On 30 June 2022, the Council of Europe Committee of Ministers instructed the Committee on Artificial Intelligence to proceed speedily with the elaboration of a legally binding instrument of a transversal nature (‘convention’/ ‘framework convention’) on artificial intelligence based on the Council of Europe’s standards on human rights, democracy and the rule of law, in line with its terms of reference, focused on general common principles, conducive to innovation, and open to participation by non-member States, while taking into account other relevant existing international legal frameworks or those under development 31 .
(3) Subsequently, the Chair of the Committee on Artificial Intelligence proposed a zero draft of the (framework) convention that would apply to the design, development and application of AI systems. The zero draft includes: provisions on purpose and object, scope, definitions, fundamental principles including procedural safeguards and rights applicable to all AI systems irrespective of their level of risk, additional measures for AI systems in the public sector and for AI systems posing ‘unacceptable’ and ‘significant’ levels of risk, a follow-up and cooperation mechanism; final provisions, including a possibility for the Union to accede to the convention; and an appendix, under development, on a methodology for risk and impact assessment of AI systems.
(4) The Union has adopted common rules that will be affected by the elements considered for the Council of Europe convention. This includes in particular a comprehensive set of rules in the area of the single market for products 32 and services 33 for which AI systems can be used, as well as rules on the protection of fundamental rights enshrined in the EU Charter of Fundamental Rights 34 and implemented in secondary Union legislation 35 , considering that those rights are likely to be adversely affected in certain circumstances by the development and use of certain AI systems.
(5) Moreover, on 21 April 2021, the Commission submitted a legislative proposal for a regulation laying down harmonised rules for AI 36 , currently being negotiated by the European Parliament and the Council. The envisaged Council of Europe convention to a large extent overlaps with the legislative proposal in its scope, since both instruments aim to lay down rules applicable to the design, development and application of AI systems, provided and used by either public or private entities.
(6) Therefore, the conclusion of the Council of Europe convention under consideration may affect existing and foreseeable future common Union rules or alter their scope within the meaning of Article 3(2) of the Treaty on the Functioning of the European Union.
(7) In order to protect the integrity of Union law and to ensure that the rules of international law and Union law remain consistent, it is necessary that the Commission be authorised to negotiate on behalf of the Union the Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law.
(8) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on …