France wants the threshold for a general-purpose AI model to qualify as entailing a “systemic risk” to be updated by the time the relevant AI Act’s provisions start to apply on Aug. 2. In a document prepared for the European Commission, the French government is also asking for the scope of the Digital Markets Act to be extended the entire AI value chain and for a “balanced” implementation of the EU’s AI rulebook.
The French government wants the European Commission to update the threshold, reference criteria and indicators for classifying general-purpose AI models with systemic risk, according to a document obtained by MLex.The EU’s AI Act includes requirements for providers of general-purpose AI models, such as OpenAI, Google and Meta Platforms, with a particularly tight regime for models trained with over a certain level of computing power because they are deemed to entail a systemic risk for society.
France believes the commission needs to urgently review this threshold and update it by the time the AI Act’s obligations for model providers start to apply on Aug. 2.
This request was made in a document, dated Jan. 20, outlining France’s input to the simplification package the commission is due to present next month that spells out the French authorities’ position on various topics, from corporate due diligence to AI regulation (see here).
In this context, the French government also asked for the adoption of legislation that could strengthen Europe’s attractiveness for business by guaranteeing a level playing field with large non-European players.
In this regard, the suggestion is to extend the scope of the Digital Markets Act, a law introducing a list of dos and don’ts for tech companies dominating strategic markets, “to AI throughout its entire value chain."
— Balanced implementation —
Concerning the AI Act, the French government asked the commission to focus “on the balanced and harmonized implementation of the provisions of the Artificial Intelligence Regulation.”
“This term of office should see a legislative pause, in order to focus on the development of tools to facilitate implementation by ecosystems, while maintaining constant legislation,” the document says.
In particular, France considers that the commission should draw up guidelines explaining the AI Act’s definitions and its interplay with existing sectorial legislation to facilitate companies’ compliance efforts.
It also calls for completing the code of practice for general-purpose AI model providers, which is intended as a key compliance tool for the upcoming obligations. The code also touches upon the thorny issue of AI and copyright.
— AI and copyright —
“A process of simplification of the applicable horizontal regulations should be set into motion in order to support, in a fair balance with the protection of fundamental freedoms, the development of AI within the European Union alongside a balanced application of copyright protection to the development of generative AI,” the text adds.
The reference here is about the template the commission has been developing for model providers to publish a “sufficiently detailed summary” of the data they fed a model throughout its lifecycle (see here).
On this topic, the French government is split between the culture ministry, traditionally close to the interest of right holders, and the economy ministry, which is trying to promote AI start-ups such as Mistral AI.
Thus, the language is rather cautious in calling for the template and related guidelines to ensure “a balance between the protection of trade secrets and the exercise, by copyright holders, of the rights attached.”
— Innovation initiatives —
France wants to see a strengthening of EU initiatives to favor European AI start-ups like the so-called AI factories, namely EU-funded supercomputers, the funding program GENAI4EU, and the pan-European project for large language models ALT-EDIC.
The document also calls for the adoption and clarification of EU initiatives meant to boost Europe’s economic competitiveness, such as the "Apply AI" strategy and the EU Cloud and AI Development Act (see here).
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