EU AI Act Faces Key Hurdles Ahead of December Negotiations

European lawmakers are preparing for a crucial December 6 trilogue to finalize the AI Act, though disagreements over biometric surveillance and foundation models threaten to delay the landmark legislation.

European Parliament and Member States recently complete a fourth round of trilogue discussions on the draft Artificial Intelligence Regulation. Policymakers agree on provisions to classify high-risk AI systems and develop general guidance for "enhanced" foundation models, but they fail to make substantial progress on law enforcement prohibitions.

Despite recent opposition from countries like France and Germany regarding the strict regulation of foundation AI models, the AI Act's co-rapporteur insists the legislation remains on track for agreement on December 6. However, three major sticking points continue to complicate the path to a final consensus among lawmakers.

The most politically difficult challenge involves the use of AI for biometric identification in public spaces, as Member State governments want law enforcement exemptions while the co-rapporteur firmly rejects any concessions to prevent mass surveillance. Additionally, reaching a technical agreement on how to properly regulate foundation models remains a highly complex hurdle for the negotiating parties.

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