11.3.2022
EN
Official Journal of the European Union
C 115/5
III (Preparatory acts)
EUROPEAN CENTRAL BANK OPINION OF THE EUROPEAN CENTRAL BANK of 29 December 2021 on a proposal for a regulation laying down harmonised rules on artificial intelligence (CON/2021/40) (2022/C 115/05)
Introduction and legal basis On 3 November 2021 the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal (1) 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 (hereinafter the ‘proposed regulation’).
The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the Functioning of the European Union as the proposed regulation contains provisions falling within the ECB’s fields of competence, in particular regarding the ECB’s tasks concerning the prudential supervision of credit institutions pursuant to Article 127(6) of the Treaty.
In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.
1.
General observations
1.1.
The ECB welcomes the objective of the proposed regulation to improve the functioning of the internal market by laying down a uniform legal framework for the development, marketing and use of trustworthy artificial intelligence (AI) in conformity with Union values.
The ECB acknowledges the importance of setting harmonised requirements specific to AI systems to ensure a consistent and high level of protection of overriding reasons of public interest such as health, safety and fundamental rights.
1.2.
The ECB further acknowledges the increasing importance of AI-enabled innovation in the banking sector.
Taking into account the inherent cross-border nature and opportunities for AI innovation in banking activities, the ECB, as the Union-level prudential supervisory authority, strongly supports the need for ensuring the harmonised implementation of the proposed regulation by credit institutions when prudential risks and requirements are concerned.
In the same vein, and given the increasing importance of AI, the Union legislator is invited to consider in the future the potential of establishing an independent AI authority at Union level responsible for the harmonised application of the proposed regulation across the single market as regards matters specific to health, safety, and fundamental rights.
(1) COM(2021) 206 final.