Committee Procedure under AI Act

Legal Framework

The committee procedure under the AI Act is governed by Article 97 of the AI Act (aiact-ch-XI-en), which establishes the framework for implementing and delegated acts, and Article 98, which specifically establishes the AI Board. The procedure draws from the general model for committee procedures established by Regulation (EU) No 182/2011 (the Comitology Regulation). This framework empowers the European Commission to adopt detailed implementing acts to ensure uniform application of the AI Act, with oversight from a committee composed of representatives from EU Member States.

Practical Application

The committee procedure serves as a key governance and oversight mechanism for the Act's implementation. The AI Board, established under Article 98, plays a central role. While the Commission holds the power to draft implementing acts on technical and procedural matters—such as detailed specifications for conformity assessment, post-market monitoring, or standards—these acts are subject to scrutiny and opinion from the AI Board. The procedure ensures that Member States, through their representatives, have a formal channel to review and provide input on the Commission's implementing measures before they are finalized. This mirrors the committee structure used under the GDPR (gdpr-ch-X-en), as referenced in the T&C commentary, which highlights the Commission's obligation for periodic evaluation and reporting, a process managed through similar committee structures.

Key Considerations

• Member State Influence: Organizations should monitor the outputs of the AI Board and committee opinions, as they signal Member State consensus on key implementing rules that will directly affect compliance requirements for high-risk AI systems and general-purpose AI models.
• Rulemaking Timeline: The committee procedure adds a mandatory consultation and review step to the EU's rulemaking process. When anticipating new implementing acts from the Commission, stakeholders must account for this procedural timeline, which can affect the expected date of application for new technical standards or procedural rules.
• Strategic Engagement: To influence the technical implementation of the AI Act, stakeholders should engage with the Commission during public consultations on draft implementing acts before they enter the formal committee procedure, where amendments become more difficult.