The Articles of the EU Artificial Intelligence Act (25.11.2022)

Article 56, Establishment and structure of the European Artificial Intelligence Board, Artificial Intelligence Act (Proposal 25.11.2022)

1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established.

2. The Board shall be composed of one representative per Member State. The European Data Protection Supervisor shall participate as an observer. The Commission shall also attend the Board’s meetings without taking part in the votes.

Other national and Union authorities, bodies or experts may be invited to the meetings by the Board on a case by case basis, where the issues discussed are of relevance for them.

2a. Each representative shall be designated by their Member State for a period of 3 years, renewable once.

2aa. Member States shall ensure that their representatives in the Board:

(i) have the relevant competences and powers in their Member State so as to contribute actively to the achievement of the board’s tasks referred to in Article 58;

(ii) are designated as a single contact point vis-à-vis the Board and, where appropriate, taking into account Member States’ needs, as a single contact point for stakeholders;

(iii) are empowered to facilitate consistency and coordination between national competent authorities in their Member State as regards the implementation of this Regulation, including through the collection of relevant data and information for the purpose of fulfilling their tasks on the Board.

3. The designated representatives of the Member States shall adopt the Board’s rules of procedure by a two-thirds majority.

The rules of procedure shall, in particular, lay down procedures for the selection process, duration of mandate and specifications of the tasks of the Chair, the voting modalities, and the organisation of the Board’s activities and its sub-groups.

The Board shall establish a standing subgroup serving as a platform for stakeholders to advise the Board on all issues related to the implementation of this Regulation, including on the preparation of implementing and delegated acts.

To this purpose, organisations representing the interests of the providers and users of AI systems, including SMEs and start-ups, as well as civil society organisations, representatives of affected persons, researchers, standardisation organisations, notified bodies, laboratories and testing and experimentation facilities shall be invited to participate to this sub-group. The Board shall establish two standing sub-groups to provide a platform for cooperation and exchange among market surveillance authorities and notifying authorities on issues related to market surveillance and notified bodies respectively.

The Board may establish other standing or temporary sub-groups as appropriate for the purpose of examining specific issues. Where appropriate, stakeholders referred to in the previous subparagraph may be invited to such sub-groups or to specific meetings of those subgroups in the capacity of observers.

3a. The Board shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.

4. The Board shall be chaired by one of the representatives of the Member States. Upon request of the Chair, the Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.

Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).

The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):