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Article 69

Codes of Conduct for Voluntary Application of Specific Requirements

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

1. The AI Office, and the Member States shall encourage and facilitate the drawing up of codes of conduct, including related governance mechanisms, intended to foster the voluntary application to AI systems other than high-risk AI systems of some or all of the requirements set out in Title III, Chapter 2 of this Regulation taking into account the available technical solutions and industry best practices allowing for the application of such requirements.

2. The AI Office and the Member States shall facilitate the drawing up of codes of conduct concerning the voluntary application, including by deployers, of specific requirements to all AI systems, on the basis of clear objectives and key performance indicators to measure the achievement of those objectives, including elements such as, but not limited to:

  1. applicable elements foreseen in European ethic guidelines for trustworthy AI;
  2. assessing and minimizing the impact of AI systems on environmental sustainability, including as regards energy-efficient programming and techniques for efficient design, training and use of AI;
  3. promoting AI literacy, in particular of persons dealing with the development, operation and use of AI;
  4. facilitating an inclusive and diverse design of AI systems, including through the establishment of inclusive and diverse development teams and the promotion of stakeholders’ participation in that process;
  5. assessing and preventing the negative impact of AI systems on vulnerable persons or groups of persons, including as regards accessibility for persons with a disability, as well as on gender equality.

3. Codes of conduct may be drawn up by individual providers or deployers of AI systems or by organisations representing them or by both, including with the involvement of deployers and any interested stakeholders and their representative organisations, including civil society organisations and academia. Codes of conduct may cover one or more AI systems taking into account the similarity of the intended purpose of the relevant systems.

4. The AI Office, and the Member States shall take into account the specific interests and needs of SMEs, including start-ups, when encouraging and facilitating the drawing up of codes of conduct.

[Previous version]

1. The Commission, and the Member States shall facilitate the drawing up of codes of conduct intended to encourage the voluntary application to AI systems other than high-risk AI systems of one or more of the requirements set out in Title III, Chapter 2 of this Regulation to the best extent possible, taking into account the available, technical solutions allowing for the application of such requirements.

2. The Commission and the Member States shall facilitate the drawing up of codes of conduct intended to encourage the voluntary application to all AI systems of specific requirements related, for example, to environmental sustainability, including as regards energy-efficient programming, accessibility for persons with a disability, stakeholders participation in the design and development of the AI systems and diversity of development teams on the basis of clear objectives and key performance indicators to measure the achievement of those objectives. The Commission and the Member States shall also facilitate, where appropriate, the drawing of codes of conduct applicable on a voluntary basis with regard to users' obligations in relation to AI systems.

3. Codes of conduct applicable on a voluntary basis may be drawn up by individual providers of AI systems or by organisations representing them or by both, including with the involvement of users and any interested stakeholders and their representative organisations, or, where appropriate, by users with regard to their obligations. Codes of conduct may cover one or more AI systems taking into account the similarity of the intended purpose of the relevant systems.

4. The Commission and the Member States shall take into account the specific interests and needs of SME providers, including start-ups, when encouraging and facilitating the drawing up of codes of conduct referred to in this Article.

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