68 Amendments of Margrete AUKEN related to 2021/0106(COD)
Amendment 69 #
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union priorities and values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of biodiversity, the climate and the environment, health, safety and fundamental rights, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 70 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) This Regulation should foster a supportive environment for healthier lifestyles in a sustainable and climate neutral way and in particular, facilitate the achievement of the UN Sustainable Development Goals, the Paris Agreement and net-zero transition by 2050 across different sectors. Member States can establish additional requirements other than those established under this Regulation provided they are justified for reasons of public interest, the protection of legal rights, the protection of climate, environment and biodiversity.
Amendment 72 #
Proposal for a regulation
Recital 3
Recital 3
(3) Artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes, for example in food safety, by reducing the use of pesticides, the conservation and restoration of biodiversity and ecosystems, access to and provision of medicines and healthcare, carbon farming, education and training, infrastructure management, energy, transport and logistics, public services, security, justice, resource and energy efficiency, and climate change mitigation and adaptation.
Amendment 77 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Advanced AI solutions for medicines and healthcare should support the fight against disinformation to secure a trustworthy environment for users by providing an effective analysis and tracing of content, correlation and comparison of various sources of information as well as the exploitation or manipulation of contextual information.
Amendment 80 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) AI applications for medicines and healthcare should support the interoperability of health data and epidemiological information to better provide doctors with the necessary support to diagnose and treat patients more effectively to improve patient outcomes.
Amendment 85 #
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public interests and citizens' rights that are protected by Union law. Such harm might be material or immaterial, direct or indirect.
Amendment 87 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to ensure the dual climate and digital transition and secure the technological resilience of the EU and achieve the objectives of the new European Green Deal, sustainability should be at the core at the European AI framework to guarantee that the development of AI is compatible with sustainable development of environmental resources for current and future generations, at all stages of the lifecycle of AI products; sustainability of AI should encompass sustainable data centres, resource use, power supplies and infrastructures.
Amendment 90 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) To ensure sustainable AI, developers should report key environmental parameters such as training time and resource use, the expected costs energy and processing required by the use of the AI during its lifetime, and provide carbon emission reports to regulatory authorities in order to ensure transparency and comparability between models. Tools for calculating emission generated are already available and should be built upon and used within monitoring and reporting obligations.
Amendment 105 #
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union climate priorities and public interests as recognised and protected by Union law. AI systems identified as high- risk should be limited to those that have a significant harmful impact on the health, safety, greenhouse gas emissions and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any.
Amendment 107 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) The environmental sustainability of AI technologies and data centres is essential to mitigate the high carbon footprint though increased computational energy consumption and high energy costs to the volume of data stored, the amount of heat, electric and electronic waste generated, resulting in increased pollution. It is therefore important to minimise the climate and environmental footprint of AI and related technologies.
Amendment 109 #
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons, the right to a healthy, toxic free environment and the ability to effectively address climate change.
Amendment 127 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
Amendment 129 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) To promote the sustainable development of AI systems and in particular to prioritise the need for sustainable, energy efficient data centres, requirements for efficient heating and cooling of data centres should be consistent with the long-term climate and environmental priorities of the Union and comply with the principle of 'do no significant harm' within the meaning of Regulation (EU) 2020/852 and should be fully decarbonised by January 2050. In this regard, Member States and telecommunications providers should collect and publish information relating to the energy performance and environmental footprint for AI technologies and date centres including information on the energy efficiency of algorithms to establish a sustainability indicator for AI technologies.
Amendment 130 #
Proposal for a regulation
Recital 45 b (new)
Recital 45 b (new)
Amendment 131 #
Proposal for a regulation
Recital 46
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements that should include a multicriteria environmental lifecycle assessment under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date.
Amendment 134 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) The multicriteria lifecycle assessment should contain specific information on the computational resources used for system development including performance, frequency and energy usage for algorithmic training, re- training and fine tuning and a quantitative assessment of how the system affects climate change mitigation and adaption, including greenhouse gas emissions that result from the AI system.
Amendment 138 #
(49) High-risk AI systems should perform consistently throughout their environmental lifecycle and meet an appropriate high level of accuracy, robustness and cybersecurity in accordance with the generally acknowledged state of the art. The level of energy efficiency and resource use, accuracy and accuracy metrics should be communicated to the users.
Amendment 143 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a high level of trustworthiness of high-risk AI systems, those systems should be subject to a conformity assessment prior to their placing on the market or putting into service. The assessment should comprise an obligatory multicriteria, environmental life cycle assessment based on the four life-cycle phases, manufacturing, distribution, use phase and end of life phase.
Amendment 146 #
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certainthese circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in a timely and accessible formats for paying particular attention to persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 148 #
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel and effective forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
Amendment 150 #
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including onthe establishment of an AI sustainability taskforce for the sustainable development of AI and the development towards a harmonised criteria for sustainable technical specifications or, existing standards and best practice regarding the requirements established in this Regulation and to providinge expert advice to and assisting the Commission on specific questions related to artificial intelligence to better address emerging cross-border challenges arising from rapid technological development.
Amendment 151 #
Proposal for a regulation
Recital 77 a (new)
Recital 77 a (new)
Amendment 153 #
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation mayshould lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to take a risk-based approach to focus on the direct and indirect effects on environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 156 #
Proposal for a regulation
Recital 85 a (new)
Recital 85 a (new)
(85 a) The list of high-risk AI systems included in Annex III should build on four types of sources and evidence, namely: i) existing EU legislation, ii) scientific evidence and data concerning particularly high levels of human, climate and environmental risk, iii) sectors that are already considered "high-risk" under international standards, and iv) sectors that are already considered "high-risk" under emerging markets or business initiatives.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised rules to ensure the protection for the public interest, the health and safety of consumers and the protection of the environment for the placing on the market, the putting into service and the use of artificial intelligence systems (‘AI systems’) in the Union;
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety function for that product or system or the failure or malfunctioning of which endangers the health and safety of persons or property or climate and environmental protection;
Amendment 162 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new)
Article 3 – paragraph 1 – point 14 a (new)
(14 a) 'AI sustainability' means an assessment of how an AI system broadly affects or may affect climate change mitigation and adaption, including greenhouse gas emissions that result from the applications of the AI system. The assessment should be quantitative and describe the methodology and assumptions used including, specific information on computing power required for system development, patterns of usage, frequency of training and fine-tuning, as well as information relating the model architecture and to the type and location of computing infrastructure used;
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘common specifications’ means a document, other than a standard, containing technical solutions providing a means to, comply with certain requirements and obligations established under this Regulation and horizontal Union legislation;
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal, psychological techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person economic, physical or psychological harm;
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability including addiction, bereavement or distress, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person economic, physical or psychological harm;
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) An AI system that has a significantly high impact on the environment, broadly affecting climate change mitigation and adaption, including greenhouse gas emissions that result from the applications of the AI system.
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on climate change mitigation and adaptation, the environment and fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on the climate, the environment or fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
Amendment 177 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health and safety or adverse impact on the climate, the environment and fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities;
Amendment 179 #
Proposal for a regulation
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) the extent to which potentially harmed or adversely impacted persons are in a vulnerable position in relation to the user of an AI system, in particular due to an imbalance of power, knowledge, economic, environmental or social circumstances, or age;
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an adverse impact on the climate, the environment or negatively affecting the ability to achieve greenhouse gas reduction targets or the health or safety of persons shall not be considered as easily reversible;
Amendment 182 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The risk management system shall consist of a continuous iterative process run throughout the entire environmental lifecycle of a high-risk AI system, requiring regular systematic updating. It shall comprise the following steps:
Amendment 183 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to: a) have a significantly high impact on the environment through, inter alia, its computer-related energy consumption, efficiency in data use, when compared with other, state-of-the-art AI systems; or may result in significant environmental impacts or greenhouse gas emissions through the way it is applied. b) be accessed by or have an impact on children.
Amendment 184 #
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(g a) (h) key environmental indicators, carbon reporting, greenhouse gas emissions, optimisation of data storage and energy consumption and best practices in terms of resource use;
Amendment 187 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 189 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems is operating. Those logging capabilities shall conform to recognised standards or common specifications. especially in relation to energy efficiency, resource use, greenhouse gas emissions and the sustainability of data centres.
Amendment 192 #
Proposal for a regulation
Article 13 – paragraph 3 – point b – point v a (new)
Article 13 – paragraph 3 – point b – point v a (new)
(v a) (vi) Key environmental performance indicators during training and fine-tuning of the AI system during the use phase which should form a multicriteria life-cycle assessment report and consider the material climate and energy impact of the AI system.
Amendment 195 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising disinformation as well as the risks to health, safety, the climate and environment or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 198 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. High-risk AI shall be designed and trained according to sustainability standards with regard to their material and energy resource consumption. The Commission shall develop a “proportionality framework” assessing whether the training or the tuning of an AI model for a particular task is proportional to the carbon footprint and the environmental impact. Such a scheme shall enable model training and development to cease in the event that the predicted environmental cost is deemed to exceed the social, environmental and economic benefit or if another non-AI solution with an equivalent level of success is available.
Amendment 204 #
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4 a. Notified bodies shall perform the environmental sustainability life-cycle assessment referred to in Article 43.
Amendment 205 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
The Commission shall develop harmonised environmental sustainability requirements for AI systems, their development and use after consultation with relevant stakeholders, including businesses, NGOs, experts and academics.
Amendment 208 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new conformity assessment procedure whenever they are substantially modified, regardless of whether the modified system is intended to be further distributed or continues to be used by the current user. For the purpose of an environmental conformity assessment, the provider shall perform a multicriteria life-cycle assessment reporting considering the material emissions and energy impact of the all life stages of the AI system.
Amendment 215 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to climate mitigation, the environment, health and safety and fundamental rights identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place.
Amendment 218 #
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. Participants in the AI regulatory sandbox shall remain liable under applicable Union and Member States liability legislation for any harm inflicted on third partiesdirectly or indirectly on third parties or the environment as a result, from the experimentation taking place in the sandbox.
Amendment 219 #
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those scheme, including goodbest practices, computational energy use and efficiency, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
Amendment 222 #
Proposal for a regulation
Article 54 – paragraph 1 – point a – point iii
Article 54 – paragraph 1 – point a – point iii
(iii) a high level of protection and improvement of the quality of the environment, meaning the environmental costs of the development and use of the AI system shall not exceed the benefit of developing it for the purpose of protecting the environment;
Amendment 225 #
Proposal for a regulation
Article 54 – paragraph 1 – point a – point iii a (new)
Article 54 – paragraph 1 – point a – point iii a (new)
Amendment 232 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor. Other national authorities mayshall be invited to the meetings, where the issues discussed are of relevance for them. A sustainable AI taskforce composed of independent digital sustainability experts shall be established within the Board to ensure the due consideration and inclusion of the Union's environmental priorities within the regulatory framework of AI systems.
Amendment 233 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts, ethicists, civil society organisations including consumer associations, human rights groups and intergovernmental organisations and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
Amendment 236 #
Proposal for a regulation
Article 58 – paragraph 1 – point c – introductory part
Article 58 – paragraph 1 – point c – introductory part
(c) conduct independent expert evaluations, issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation, in particular
Amendment 237 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. National competent authorities shall be established or designated by each Member State for the purpose of ensuring the application and implementation of this Regulation and horizontal Union legislation. National competent authorities shall be organised so as to safeguard the objectivity and impartiality of their activities and tasks to avoid any conflicts of interest.
Amendment 239 #
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial and human resources to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data protection and data computing, fundamental rights, health and safety risks and knowledge of existing standards and legal requirements.
Amendment 240 #
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental or legal rights to the market surveillance authorities of the Member States where that incident or breach occurred.
Amendment 241 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. Upon receiving a notification related to a breach of obligations under Union law intended to protect fundamental or legal rights, the market surveillance authority shall inform the individuals who have been affected and the national public authorities or bodies referred to in Article 64(3). The Commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1. That guidance shall be issued 12 months after the entry into force of this Regulation, at the latest.
Amendment 242 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. National public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental and legal rights in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any documentation created or maintained under this Regulation when access to that documentation is necessary for the fulfilment of the competences under their mandate within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance authority of the Member State concerned of any such request.
Amendment 243 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to, the protection of consumers and the environment or where the protection of fundamental rights of persons are concerned.
Amendment 248 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the environment, the health or safety of persons, to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 250 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems of requirements related for example to environmental sustainabilitya European code for data centre energy efficiency should contain key sustainability indictors related to environmental sustainability, resource usage and energy efficiency, the proportion of energy generated from renewable energy sources and reuse of any heat or waste, accessibility for persons with a disability, stakeholders participation in the design and development of the AI systems and diversity of development teams on the basis of clear objectives and key performance indicators to measure the achievement of those objectives.
Amendment 255 #
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3 a. Within [two years after the date of application of this Regulation referred to in Article 85(2)] and every two years thereafter, the Commission shall evaluate the environmental impact and effectiveness of this Regulation with regards to energy use and/or other environmental impact of AI systems and bring forward a proposal to regulate the energy efficiency to ensure the full decarbonisation of AI technologies by January 2050.
Amendment 257 #
Proposal for a regulation
Annex III – paragraph 1 – point 4 a (new)
Annex III – paragraph 1 – point 4 a (new)
4 a. Environmental impact and energy use: (a) AI systems that require a higher frequency of training and re-training of models than 60% of comparable state-of- the-art systems; (b) AI systems that require training or re- training of data quantities that exceed 60% of comparable state-of-the-art systems; (c) AI systems that require the re-training of partial data-sets involved where these exceed 20% of the data globally available to the system; (d) AI systems other than those which make use of techniques involving the training of models that are resource intensive than 60% of the comparable state-of-the-art systems
Amendment 262 #
Proposal for a regulation
Annex III a (new)
Annex III a (new)
ANNEX IIIa - ENVIRONMENTAL IMPACT INFORMATION referred to in Article 10a 1. Measurements: For the purposes of measuring greenhouse gas emissions, energy consumption and/or any other environmental impact of AI systems', accurate, reliable and reproducible measurements shall take into account recognised state-of-the-art measurement methods or new quantitative systems of measurement that enable the comparison of the environmental impact of the systems used. The measurements shall: (a) record the computing power required for training, fine-tuning and use; (b) record the type, time and location of computing infrastructure used; (c) include specific information the model architecture, volume and type of data used and stored; (d) document the technical equipment used and frequency of training, re- training and fine-tuning; (e) take account of the energy consumption, the amount of heat, electric and electronic waste generated (f) include a quantitative assessment of how the system affects climate change mitigation and adaption, including greenhouse gas emissions that result from the AI system.
Amendment 264 #
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point g a (new)
Annex IV – paragraph 1 – point 2 – point g a (new)
(g a) the computational complexity of the system and its software components, its data use, including the validation and testing of systems.
Amendment 265 #
Proposal for a regulation
Annex IV – paragraph 1 – point 3
Annex IV – paragraph 1 – point 3
3. Detailed information about the monitoring, functioning and control of the AI system, in particular with regard to: its capabilities and limitations in performance, environmental sustainability and energy efficiency, including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to climate and environmental protection, health and safety, fundamental or legal rights and discrimination in view of the intended purpose of the AI system; the human oversight measures needed in accordance with Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the users; specifications on input data, as appropriate;