On January 24, 2024, the European Commission published a Decision establishing the European Artificial Intelligence Office (AI Office).

The Decision was adopted just over a month and a half after reaching a political agreement on the regulation of the European Parliament and of the Council laying down harmonized rules on AI (AI Act).

The Commission explained that the purpose of the AI Office is to allow for the preparation and implementation of the AI Act. The AI Office will be established within the Commission, as part of the administrative structure of the Directorate-General for Communication Networks, Content and Technology.

The role of the AI Office, significantly reduced over the course of the AI Act negotiations, will focus on the development and coordination of AI policy at the European level, as well as the supervision of the implementation, uniform application and enforcement of the forthcoming AI Act.

The AI Office will be entrusted with the following tasks:

1. developing tools, methodologies and benchmarks for evaluating the capabilities of general-purpose AI models, in particular for very large general purpose AI models with systemic risks
2. monitoring the implementation, application and possible infringements of rules on general-purpose AI models and systems (including the emergence of unforeseen risks), prohibited AI practices and high-risk AI systems
3. assisting the Commission in the preparation of its decisions and in implementing delegated acts
4. assisting the Commission in the preparation of guidelines to support the practical implementation of the AI Act, as well as developing supportive tools

The AI Office will be required to cooperate with all the relevant stakeholders (including experts from the scientific community and other bodies, offices and agencies of the European Union) and, at the international level, the AI Office will contribute to a strategic and coherent Union approach to international initiatives on AI, also in coordination with member states.

In its press release, the Commission stressed that the establishment of the AI Office should not affect the powers and competences of national supervisory authorities and competent EU offices.

Still, the Decision has not addressed all the issues the EU and member states are facing with regard to the transition to an AI economy and the respective division of powers and competences regarding AI.

Likewise, the Decision will likely ignite the current debate on the most appropriate authority to appoint at the national level to enforce the AI Act. Indeed, with the AI Act leaving open the choice over the competent supervisory authority, member states will face the dilemma of whether to appoint an existing independent authority or create a new agency.

In this regard, many authorities and commentators have taken the view that data protection authorities are best suited for this role, given the interrelations between AI and data protection. Still, the issue is not yet settled, as some member states may also follow the “Spanish approach”, thereby creating an independent and autonomous AI agency.

We will follow-up on this point with some pros and cons…Watch this space, please!