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purpose and scope of the (framework) convention;

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definitions for an AI system, lifecycle, provider, user and ‘AI subject’;

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certain fundamental principles, including procedural safeguards and rights for AI subjects that would apply to all AI systems, irrespective of their level of risk;

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additional measures for the public sector as well as AI systems posing ‘unacceptable’ and ‘significant’ levels of risk identified on the basis of a risk and impact assessment methodology (to be set out later in an annex to the convention);

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follow-up and cooperation mechanism between the parties;

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final provisions, including a possibility for EU Member States to apply EU law in their mutual relations for matters covered by the convention and a possibility for the Union to accede to the convention.

(1)

to give more prominence to the objective of ‘ensuring a high level of protection of human rights and preservation of European values’, in line with the nature and mandate of the Council of Europe.

(2)

to delete the word ‘including’ after ‘the EU single market law and other areas of law’ in directives (5) and (11), to better reflect interplay between general principles and fundamental rights, on the one hand, and secondary law (EU single market law and other areas of law), on the other hand.

(3)

to add a specific directive recalling the necessity to strike the right balance between the public interest and the interests of the persons subject to AI systems, to ensure full compliance with the rights to privacy and to the protection of personal data, as well as with other fundamental rights at stake, notably the right to presumption of innocence and to a fair trial, the right to good administration and the principle of non-discrimination.

(4)

to specify in a directive that the convention should provide certain minimum procedural safeguards and rights for the persons affected by the use of the AI systems.

(5)

to specify in a directive that the convention should provide for minimum requirements on transparency, explainability and auditability of AI systems.

(6)

to include in directive (14) the specification that societal/group risks posed by AI systems must also be assessed and mitigated.

(7)

to specify in the negotiating directives that certain AI systems, posing unacceptable risks, should be prohibited, as well as to provide an indicative list of such AI systems.

(8)

to include a negotiating directive according to which the convention should promote the adoption of a data protection by design and by default approach at every step of AI systems’ lifecycle.

(9)

to specify the content of directive (17) as follows:

(10)

to include a directive according to which the convention should provide that competent supervisory authorities must be granted adequate investigatory and enforcement powers.

(11)

to add a negotiating directive aiming at ensuring that the convention facilitates and encourages cross-border cooperation between competent authorities.