Navigating the Controversy and Competition in EU’s AI Legislation

The European Union is at a pivotal moment in shaping the future of Artificial Intelligence (AI) regulation, a journey marked by intense debate, international influences, and the looming shadow of US technological dominance. As we delve into this complex landscape, it’s crucial to understand the multifaceted aspects of the EU’s legislative process, the challenges it faces, and the global implications of its decisions.

The Current State of EU AI Legislation

The EU is in the final stages of negotiating the AI Act, a groundbreaking piece of legislation aimed at regulating AI applications, particularly those deemed high-risk. The recent trilogue discussions among the Council, Parliament, and Commission have made significant progress, especially in classifying high-risk AI applications and overseeing powerful foundation models. However, contentious issues remain, such as the specifics of prohibitions and law enforcement exceptions.

The Hiroshima AI Process and International Standards

Parallel to the EU’s efforts, the G7 leaders, under the Hiroshima AI process, have agreed on International Guiding Principles and a voluntary Code of Conduct for AI developers. These principles aim to ensure trustworthy AI development and complement the EU regulations. They focus on risk mitigation, responsible information sharing, and a labelling system for AI-generated content.

Challenges and Disagreements

Despite these advancements, the AI Act faces significant challenges. Negotiations recently hit a roadblock due to disagreements from major EU countries over the regulation of foundation models like OpenAI’s GPT-4. Countries like France, Germany, and Italy, influenced by their AI startups, fear over-regulation could hinder their competitiveness.

The Evolution of the AI Act

It’s essential to trace the AI Act’s evolution to understand its current state. Initially, the European Commission’s draft in April 2021 did not mention general-purpose AI systems or foundation models. However, feedback from stakeholders, including the Future of Life Institute, led to the inclusion of these aspects. The Act has since evolved, with various amendments focusing on high-risk AI systems and the obligations of foundation model providers.

The Role of Powerful Foundation Models

Recent developments have highlighted the need to regulate powerful foundation models. The Spanish presidency’s draft proposed obligations for these models, including registration in the EU public database and assessing systemic risks. This approach aims to balance innovation with safety and ethical considerations.

The Impact of US Competition

The EU’s legislative process is significantly influenced by the competition from US tech giants. European AI startups, like Mistral and Aleph Alpha, lag behind their US counterparts in resources and development. This disparity raises concerns about the EU’s ability to compete globally in the AI sector. The fear is that stringent regulations might further widen this gap, favoring US companies like OpenAI and Google.

Equinet and ENNHRI’s Call for Enhanced Protection

In a significant development, Equinet and ENNHRI jointly issued a statement urging policymakers to enhance protection for equality and fundamental rights within the AI Act. Their recommendations include ensuring a robust enforcement and governance framework for foundation models and high-impact foundation models, incorporating mandatory independent risk assessments, fundamental rights expertise, and stronger oversight.

Looking Ahead: The Final Trilogue and Beyond

The next trilogue session on December 6, 2023, is crucial. It will address unresolved issues and potentially shape the final form of the AI Act. The Spanish presidency aims for a full agreement by the end of 2023, but disagreements could push negotiations into 2024, especially with the European Parliament elections looming.


The EU’s journey in regulating AI is a delicate balancing act between fostering innovation, ensuring public safety, and maintaining competitiveness on the global stage. The outcome of the AI Act will not only shape the future of AI in Europe but also set a precedent for global AI governance. As these negotiations continue, it’s vital to keep an eye on how these regulations will evolve in response to technological advancements and international pressures.

For more detailed insights and ongoing updates, refer to the links provided:

  1. European Parliament Legislative Train
  2. Equinet and ENNHRI Joint Statement
  3. Euractiv’s Analysis
  4. AI & Partners 1 December Newsletter

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