New Regulation (EU) 2024/1689 Harmonising Rules on Artificial Intelligence
15 July 2024
A new Regulation (EU) 2024/1689 of the European Parliament and the Council was published in the Official Journal of the European Union on 12 July 2024. The new regulation aims to establish a harmonised legal framework, in particular for the development, market access and end-use of Artificial Intelligence (AI) systems within the European Union. Therefore, Regulation (EU) 2024/1689 not only harmonises rules but also amends Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 as well as Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act).
The main objective is to improve the functioning of the internal market and promote the establishment of AI, while taking into account the values of the Union and focusing on human-centred, trustworthy systems that guarantee health and safety and protect fundamental rights. These rights are based on democracy, the right to environmental protection and protection from the harmful effects of AI, while supporting innovation. Fundamental rights are set out in the Charter of Fundamental Rights of the European Union (the “Charter”).
In particular, the Regulation (EU) 2024/1689 provides for:
- harmonised rules for the placing on the market, putting into service and end use of AI in the EU;
- prohibitions of certain AI practices;
- definition of requirements for high-risk AI and corresponding obligations for operators;
- harmonised rules on transparency for certain AI systems;
- harmonised rules for market release of general purpose AI models;
- definition of rules for post-market monitoring, governance and enforcement;
- definition of rules for the measuring of innovation support with focus on small and medium enterprises, start-ups included.
The Regulation applies to providers, users, suppliers, importers and distributors of AI systems as defined in Article 2 of the (EU) 2024/1689. This regulation will become effective on 2 August 2026. In view of the unacceptable risk that may arise from AI, the prohibitions and the general provision will apply from 2 February 2025.
In short, this harmonisation is important to support the wide divergence of AI and the free movement, innovation, development and adoption by different Member States without being hampered by divergent national rules.