EU Negotiations on AI Regulation Face Challenges

Negotiations among EU lawmakers over a risk-based framework for regulating artificial intelligence (AI) are facing significant hurdles, according to Brando Benifei, MEP and one of the parliament’s co-rapporteurs for AI legislation. Speaking at a recent roundtable hosted by the European Center for Not-For-Profit Law (ECNL) and the civil society association EDRi, Benifei described the discussions on the AI Act as “complicated” and “difficult”.

The Dividing Issues

The main points of contention include prohibitions on AI practices, fundamental rights impact assessments (FRIAs), and exemptions for national security practices. Benifei emphasized that parliamentarians have firm stances on these issues and are urging the Council to make concessions. He stated, “We need to be clear, and we have been clear with the Council, we will not conclude [the file] in due time… but we cannot conclude by conceding on these issues.”

Civil Society’s Assessment

Sarah Chander, senior policy adviser at EDRi, provided a bleak assessment of the current state of the negotiations. She highlighted a list of key recommendations from civil society, aimed at safeguarding fundamental rights against AI overreach, which she suggested are being ignored by the Council. For instance, Member States are opposing a total ban on the use of remote biometrics ID systems in public and the registration of high-risk AI systems by law enforcement and immigration authorities.

Influence of Industry Lobbying

The discussions are also influenced by heavy lobbying from the tech industry, including both US giants and European AI startups. Lobbycontrol, a EU and German lobby transparency not-for-profit, confirmed to TechCrunch that France and Germany are among the Member States pushing the Council for a regulatory carve out for foundational models.

Potential Implications

If the Council does not compromise, there is a risk that the entire Act could fail, which would have significant implications for fundamental rights in an age of rapidly increasing automation. Benifei warned, “We need rules. But I think we also need to be clear on the principles.”

Future of the AI Act

Whether a conclusive trilogue on December 6 can be achieved is still uncertain. Technical teams from the Council and Parliament are continuing to work to find possible “landing zones” in a bid to keep pushing for a provisional agreement at the next trilogue. However, it’s too early to say where potential intersections might be due to the number of sticking points (most of which are described as being “highly sensitive” for both EU institutions).

If the talks fail to achieve consensus, the EU’s bid to be a world leader when it comes to setting rules for AI could be jeopardized, particularly as the timeline tightens going into European elections next year.