The Spanish presidency of the Council of the EU has just started. Spain aims to reach a deal on the AI Act before the end of 2023. In this post, we further discuss how the Spanish presidency might affect the AI Act.
Context
The EU has recently proposed the first comprehensive legal framework to regulate AI in the world.
The European Parliament has recently adopted its negotiating position on the AI Act. The text will be further negotiated in the forthcoming trilogues with the Council of the EU and the European Commission.
The proposed AI Act sets out substantial obligations on providers and users depending on the level of risk associated with the AI system. Key areas covered by the AI Act include general purpose AI systems, prohibited practices, high-risk classification, identification of biases, general principles, and sustainability of high-risk AI systems.
In parallel, EU and US lawmakers are also developing a voluntary code of conduct for AI, with governments in other regions expected to participate. This code would set forth standards for the use of AI technology, bridging the gap until formal laws are passed.
Spain’s governance in AI
Spain’s AI governance efforts include a recent draft Bill to create the EU’s first regulatory sandbox for AI. As discussed in our previous post, AI sandbox aims to provide a controlled environment for the development of new AI technologies while mitigating risks.
As part of its National AI Strategy, Spain has also established the first AI supervisory authority in the EU. The Spanish Artificial Intelligence Supervisory Agency (AESIA) monitors AI-related risks, promotes research, and facilitates responsible AI governance.
The recent establishment in Seville of the European Commission’s European Centre for Algorithmic Transparency also shows Spain’s efforts to position itself as a leading country in AI.
Spain's stance on the AI Act
The Spanish government has recently stated that one of its main goals under its presidency is to successfully conclude the AI Act negotiations with the European Parliament.
The document also highlights Spain’s commitment to ensuring that the adopted text protects fundamental rights and does not undermine innovation – something that executives from 160 companies in the industry have recently warned about in an open letter.
The government also aims to promote ethical and inclusive digitalisation and strengthen the EU's role as a hub for attracting start-ups, talent, and investment in AI.
Looking ahead
Spain’s EU presidency arrives in a politically challenging moment, as the general elections will be held on 23 July. While the government assures that the elections will not disrupt EU presidency, it remains to be seen whether Spain will be able to finalise the AI Act by the end of the year.
In any event, Spain's efforts in establishing a comprehensive regulatory framework are expected to play a crucial role in shaping the future of AI governance in the EU.
The rules would ensure that AI developed and used in Europe is fully in line with EU rights and values including human oversight, safety, privacy, transparency, non-discrimination and social and environmental wellbeing.
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