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OPINION (COM(2021)0206 – C90146/2021 – 2021/0106(COD))

On the proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts

ENVI-AD-699056

Committee on the Environment, Public Health and Food Safety · Rapporteur: Susana Solís Pérez

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The Committee on the Environment, Public Health and Food Safety proposes amendments to the proposed Artificial Intelligence Act. It wants the environment added alongside health, safety and fundamental rights as an area needing a high level of protection, and AI systems harming the environment classified as high-risk. It proposes a new definition of 'end recipient' and transparency and information duties towards them, including patients. It asks for AI systems used in health, health care, long-term care and health insurance that are not covered by Regulation (EU) 2017/745 to be classified as high-risk. It proposes sustainability rules for AI, including a green AI label, a European code of conduct for data centre energy efficiency, and reporting on energy use and carbon intensity. It proposes that the Commission evaluate the environmental impact of the Regulation and present a proposal to regulate energy efficiency for full decarbonisation of AI technologies by January 2050.

Committee position. The committee proposes amendments to the AI Act to add the environment as a protected area, classify environmentally harmful and certain health-related AI systems as high-risk, introduce the concept of end recipients with transparency rights, and promote sustainable and green AI.

Key points

  1. The purpose of the Regulation would include design, development, marketing and use of sustainable and green AI, minimising adverse impacts on people and the environment.
  2. The Regulation should promote health, wellbeing, disease prevention, the UN Sustainable Development Goals, the Paris Agreement and net-zero transition by 2050.
  3. The environment would be added alongside health, safety and fundamental rights as an area requiring a high level of protection, and AI systems with major negative environmental implications would be classified as high-risk.
  4. A new definition of 'end recipient' would be added, covering any natural or legal person other than an operator to whom an AI system's output is intended or provided.
  5. High-risk AI systems would have to provide transparency and information to end recipients, including on possible risks to fundamental rights and discrimination.
  6. AI systems used in health, health care, long-term care and health insurance not covered by Regulation (EU) 2017/745 would be classified as high-risk.
  7. The Commission and Member States should encourage energy efficient and low carbon AI systems, and the Commission should develop a procedure for disclosure of energy use and carbon intensity.
  8. A 'green AI label' would recognise the least carbon intensive and most energy efficient AI systems.
  9. Data centres should comply with the 'do no significant harm' principle and be fully decarbonised by January 2050, with a European code of conduct for data centre energy efficiency.
  10. The Commission would evaluate the environmental impact of the Regulation every two years and present a proposal to regulate energy efficiency for full decarbonisation of AI technologies by January 2050.
  11. The Board should establish an artificial intelligence sustainability taskforce and cooperate with sectoral advisory groups, civil society and industry representatives.
  12. Providers of high-risk AI systems would have to report serious incidents or malfunctions breaching obligations to protect health, safety, fundamental rights and the environment.

Who is affected

  • Providers and users of high-risk AI systems, who would face new requirements on transparency, data quality and environmental impact.
  • Patients and end recipients of AI systems in healthcare, who would receive information and transparency about AI interaction.
  • Healthcare professionals, hospitals and health insurance companies using AI administrative and management systems.
  • Data centre operators and telecommunications providers, who would have to collect and publish energy performance and environmental footprint information.
  • National competent authorities, which would need adequate financial and human resources and expertise in environmental risks.

Figures and deadlines

  • AI could reduce global greenhouse gas emissions by up to 4 % by 2030.
  • Data centres should be fully decarbonised by January 2050.
  • The Commission should present a proposal to regulate energy efficiency by January 2050.
  • The Commission should evaluate the environmental impact of the Regulation within two years after the date of application and every two years thereafter.
  • The 2018 IPCC Special Report aims to limit global average temperatures to 1.5 degrees.
  • Universal health coverage is a Sustainable Development Goal to be achieved by 2030.

Legal basis: Article 114 and Article 16 of the Treaty on the Functioning of the European Union (TFEU)