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EU: Commission issues recommendation on CoE AI convention

The European Commission ('Commission') issued, on 18 August 2022, its Recommendation for a Council Decision Authorising the Opening of Negotiations on behalf of the European Union for a Council of Europe Convention on Artificial Intelligence (AI), Human Rights, Democracy and the Rule of Law, pursuant to Article 218 of the Treaty on the Functioning of the European Union ('TFEU'). In particular, the Recommendation notes that the Council decision in question would authorise the opening of negotiations on behalf of the EU for a future Council of Europe ('CoE') convention on artificial intelligence ('AI'), human rights, democracy, and the rule of law, to adopt negotiating directives and to nominate the Commission as the EU negotiator.

Furthermore, the Recommendation notes that negotiations for the future CoE convention on AI relate to matters of EU competence and there is a very significant overlap between the CoE convention and the Proposal for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence ('the AI Act') in terms of their of the scope, nature, and content. In view of this, the Recommendation notes that it is important that the negotiations are conducted on behalf of the EU in such a way as to ensure that the consistency and uniformity of the EU rules for AI and the proper functioning of the system they establish are not undermined, as well as that the future CoE convention is fully consistent with existing and future EU law in the area.

You can read the Recommendation here.

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