Considerations on COM(2024)264 - - Main contents

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dossier	COM(2024)264 - .
document	COM(2024)264
date	June 26, 2024

(1) On 21 November 2022, the Council authorised the European Commission to open negotiations on behalf of the Union for a Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law (‘the Convention’). The European Commission has negotiated the Convention on behalf of the Union. On 17 May 2024, the negotiations were successfully concluded by the initialling of the Convention and its adoption by the Council of Europe Committee of Ministers (²⁶).

(2) The Convention lays down general principles and obligations that parties to the Convention should observe to ensure the protection of human rights, democracy and the rule of law in relation to the activities within the lifecycle of Artificial Intelligence (AI) systems.

(3) On 12 June 2024, the Union adopted Regulation (EU) 2024/… (‘the AI Act’)(²⁷), primarily on the basis of Article 114 TFEU, which provides fully harmonised rules regulating the placing on the market, the putting into service, and the use of AI systems in the Union that are directly applicable in the Member States, unless the AI Act explicitly provides otherwise. The Convention is to be implemented in the Union exclusively through the AI Act and other relevant Union acquis, where applicable.

(4) Considering that the personal and material scope of the Convention coincides with the Artificial Intelligence Act and other relevant Union acquis, the conclusion of the Convention may affect common Union rules or alter their scope within the meaning of Article 3(2) of the Treaty on the Functioning of the European Union. Consequently, the Union enjoys exclusive external competence to sign the Convention and, therefore, only the Union should become a party to the Convention, subject to its conclusion at a later date.

(5) In accordance with the Treaties, it is for the European Commission to ensure the signing of the Convention subject to its conclusion at a later date.