(1)

The Council of Europe aims to adopt a recommendation to address the impact of artificial intelligence (‘AI’) systems, their potential for promoting equality, including gender equality, and the risks they may cause in relation to non-discrimination (the ‘Recommendation’). The Recommendation is due to be approved by the Council of Europe’s Gender Equality Commission (‘GEC’) and the Steering Committee on Anti-Discrimination, Diversity and Inclusion (‘CDADI’), during their joint plenary session in November 2025 and is due to be formally adopted by the Committee of Ministers of the Council of Europe.

(2)

The Recommendation aims to assist the Council of Europe Member States to promote equality, including gender equality, and to prevent and combat all forms of discrimination, in all their activities and those of public and private sector actors within the lifecycle of AI systems. The Recommendation focuses on equality and artificial intelligence and, while it is not an implementing instrument, it seeks to maintain coherence with the scope and content of the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the ‘Framework Convention’), which was signed by the Union pursuant to Council Decision (EU) 2024/2218 (1).

(3)

The Framework Convention lays down general principles and obligations that parties to the Framework Convention should observe to ensure the protection of human rights, democracy, and the rule of law in relation to the activities within the lifecycle of AI systems. The Commission has proposed that the Union conclude the Framework Convention. The Council decision for conclusion of the Framework Convention is in the process of being adopted by the Council.

(4)

On 13 June 2024, the European Parliament and Council adopted, on the basis of Articles 16 and 114 of the Treaty on the Functioning of the European Union (TFEU), Regulation (EU) 2024/1689 of the European Parliament and the Council (2), which lays down harmonised rules, generally based on full harmonisation, that regulate the placing on the market, the putting into service and the use of AI systems in the Union. Those rules are directly applicable in the Member States, unless explicitly provided otherwise.

(5)

The Framework Convention is to be implemented in the Union exclusively through Regulation (EU) 2024/1689 and other relevant Union acquis, where applicable.

(6)

The Recommendation is legally non-binding for the Member States of the Council of Europe. It will be capable of producing legal effects, namely in the context of the implementation of Regulation (EU) 2024/1689, where it is capable of decisively influencing Union legislation as referred to in Articles 40(3) and 56(1) of that Regulation. Therefore, it is appropriate to establish the position to be taken on the Union's behalf on the Recommendation in the joint plenary session of the GEC and the CDADI, as well as in the Committee of Ministers. This Decision is without prejudice to any other recommendation or other instrument that may be adopted in the future under the auspices of the Council of Europe or in other international fora.

(7)

The personal and material scope of the Recommendation overlaps, to a large extent, with Regulation (EU) 2024/1689, which lays down rules for AI that are generally based on full harmonisation within the Union.

(8)

The Union should ensure that the Recommendation is consistent with Union law, in particular with Regulation (EU) 2024/1689. For specific recommendations that concern the development and use of AI systems that are fully harmonised in the Union, the Union should aim to ensure that the Recommendation is consistent with Regulation (EU) 2024/1689 and the principles set out in the Framework Convention.

(9)

Provided that these conditions are met, the Recommendation may be approved on behalf of the Union at the joint plenary session of the GEC and the CDADI that is scheduled to take place in November 2025 and be adopted at a subsequent meeting of the Committee of Ministers.

(10)

As the Union is not a member of the Council of Europe but all Member States are, the Union’s position is to be expressed by its Member States, acting jointly,