Commission signed the Council of Europe Framework Convention on Artificial Intelligence and human rights, democracy and the rule of law

Today, European Commission Vice-President for Values and Transparceny, Věra Jourová signed the Council of Europe Framework Convention on Artificial Intelligence and human rights, democracy and the rule of law on behalf of the European Union. This was done during the informal conference of Ministers of Justice of members states of the Council of Europe in Vilnius, Lithuania. This Convention is the first legally binding international instrument on artificial intelligence. It is fully compatible with Union law in general, and the EU AI Act in particular, which is the first comprehensive AI regulation globally.

The EU, represented by the Commission, and with the support of Member States, participated very actively in the negotiations of this Convention. The convention is consistent with the EU AI Act as well as with other European Union law and includes a number of key concepts of the AI Act such as:

• a focus on human-centric AI, consistent with human rights, democracy, and rule of law
• a risk-based approach
• key principles for trustworthy AI (e.g. transparency, robustness, safety, data governance and protection)
• transparency for AI-generated content and in interactions with AI systems
• strengthened documentation, accountability and remedies
• support to safe innovation through regulatory sandboxes
• risk management obligations
• documentation obligations
• oversight mechanisms for supervision of AI activities

This is vital to provide an effective framework at international level to address risks posed by AI to human rights, democracy, and the rule of law.

As such the Convention provides for a common approach to ensure that activities within the lifecycle of AI systems are compatible with human rights, democracy and the rule of law, while enabling innovation and trust. The Convention covers AI systems potentially interfering with the aforementioned human rights, democracy and the rule of law, by following a risk-based and differentiated approach.

The principles and the obligations envisaged in the Convention will apply to activities within the lifecycle of AI systems undertaken by public authorities or private actors acting on their behalf. As regards private sector actors, while they still must address risks and impacts from AI systems in a way that aligns with the Convention’s goals, they have the option to either apply the Conventions obligations directly, or implement alternative, appropriate measures.

The Convention includes exemptions for research and development, as well as for national security. It is open to accession to Council of Europe members, the EU, and other third countries around the world.

The Convention will be implemented in the EU by means of the AI Act, which contains generally fully harmonised rules for the placing on the market, putting into service and use of AI systems, complemented by other relevant Union acquis, where applicable.

Next steps

This signature expresses the EU’s intention to become a Party to the Convention. Following this the European Commission will prepare a proposal for a Council decision to conclude the Convention. The European Parliament should also give its consent.

Background

Negotiations on the Convention began back in September 2022 under the auspices of the Committee on AI (CAI) established by the Council of Europe in Strasbourg. The negotiations included the European Commission negotiating on behalf of EU, other Council of Europe Member States, the Holy See, the USA, Canada, Mexico, Japan, Israel, Australia, Argentina, Peru, Uruguay, and Costa Rica. Input from 68 international representatives from civil society, academia, industry, and other international organisations ensured a comprehensive and inclusive approach.