On August 20, 2024, the Council of the European Union (the Council) issued a decision authorizing, on behalf of the EU, the signing of the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the Convention) adopted by the Council of Europe (CoE) on May 17, 2024.

Implementation of the Convention

The Council highlighted that the Convention will be implemented in the EU exclusively through the EU Artificial Intelligence Act (EU AI Act) and other relevant EU acquis, which include, among other things:

• legal acts which aim to implement fundamental rights enshrined in the Charter of Fundamental Rights of the European Union;
• the General Data Protection Regulation (GDPR); and
• the Digital Services Act (DSA).

Moreover, the Council stated that the conclusion of the Convention may affect common EU rules or alter their scope.

Exclusions from the scope

The Council clarified that artificial intelligence (AI) systems related to the protection of national security interests are excluded from the scope of the Convention. Furthermore, the European Commission must refrain from discussing or taking a position on such activities during the meeting of the Conference of the Parties, charged with implementing the Convention and carrying out its amendments.

Involvement of the Member States

The Council stated that, during the negotiation of the Rules of Procedure of the Conference of the Parties, coordination with the Member States should be ensured through the number of votes attributed to the EU or through the possibility for them to accede to the Convention.

In particular, the Council highlighted that the EU and its Member States should be able to continue playing their direct and active role in expressing the voice of the EU and defending its interests.

Next steps

The Council outlined that the Commission must ensure the signing of the Convention, subject to its conclusion.

You can read the decision here.

Update: September 5, 2024

Commission signs Convention

On September 5, 2024, the Commission announced that it signed the Convention. 

The Commission highlighted that the Convention is the first legally binding international agreement on AI and outlined key concepts provided under the AI Act, such as a risk-based approach, supply chain transparency, and risk management obligations for AI systems presenting a threat to fundamental rights. Accordingly, the Commission clarified that the Convention will be implemented in the EU through the AI Act.

You can read the press release here and the Convention here.