Nařízení Rady (EU) 2024/1732 ze dne 17. června 2024, kterým se mění nařízení (EU) 2021/1173, pokud jde o iniciativu EuroHPC pro startupy za účelem posílení vedoucího postavení Evropy v oblasti důvěryhodné umělé inteligence

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 187 and Article 188, first paragraph, thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European ParliamentOpinion of 24 April 2024 (not yet published in the Official Journal). ,

Having regard to the opinion of the European Economic and Social CommitteeOpinion of 20 March 2024 (not yet published in the Official Journal). ,

Acting in accordance with a special legislative procedure,

Opinion of 24 April 2024 (not yet published in the Official Journal).

(1) Regulation of the European Parliament and of the Council on harmonised rules on artificial intelligence (the AI Act) aims to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence (AI) in conformity with Union values.

(2) Since 2021, when Council Regulation (EU) 2021/1173Council Regulation (EU) 2021/1173 of 13 July 2021 on establishing the European High Performance Computing Joint Undertaking and repealing Regulation (EU) 2018/1488 (OJ L 256, 19.7.2021, p. 3 ). was adopted, the field of AI has seen enormous technical progress and become a highly strategic and contested domain globally. The Union is at the forefront of efforts to support responsible research and innovation in trustworthy and ethical AI, while setting guardrails and developing effective governance.

(3) On 13 September 2023 , as part of a comprehensive approach to support responsible research and innovation in AI, the Commission announced a new strategic initiative to make the Union’s high-performance computing capacity available to innovative European startups in trustworthy AI in order to train their models. That initiative complements work on setting guardrails for AI through the AI Act, establishing governance structures and supporting innovation through the Coordinated Plan on Artificial Intelligence.

(4) Given that the Union’s most powerful world-class supercomputing capacity is located in the European High Performance Computing Joint Undertaking’s (the Joint Undertaking) facilities, it is those facilities that should be made available in order for the Union’s initiative to become a reality. It is accordingly necessary to add a seventh objective to the existing six objectives of the Joint Undertaking, concerning the contribution made by its supercomputers to the new AI initiative of the Union.

(5) The new objective would allow the Joint Undertaking to perform activities in the domains of acquiring and operating AI-optimised supercomputers or partitions of supercomputers to enable machine learning and training of general purpose AI models. The Joint Undertaking should be allowed to create a new access mode to its computing resources for the AI startup ecosystem and the research and innovation ecosystem and to develop dedicated AI applications that are optimised to run on its supercomputers. The Joint Undertaking should also be allowed to appoint existing European High Performance Computing hosting entities as AI factories if the hosting entity can demonstrate that its supercomputer has enough computing resources for training large scale and general-purpose AI

(6) In order to coordinate the date of application of the changes introduced by this amending Regulation with the date of application of the AI Act, this amending Regulation should apply without undue delay.

(7) Regulation (EU) 2021/1173 should therefore be amended accordingly,

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Opinion of 20 March 2024 (not yet published in the Official Journal).

Article 2 Article 2

Article 12a Article 12a Acquisition and ownership of AI-optimised supercomputers 1.The Joint Undertaking shall acquire AI-optimised supercomputers and shall own them. 2.The Union financial contribution referred to in Article 5(1) shall cover up to 50 % of the acquisition costs plus up to 50 % of the operating costs of the AI-optimised supercomputers. The operating costs include the costs for AI-oriented supercomputing services. The remaining total cost of ownership of the AI-optimised supercomputers shall be covered by the Participating State where the hosting entity is established or by the Participating States in the hosting consortium, possibly supplemented by the contributions referred to in Article 6. 3.The selection of the supplier of the AI-optimised supercomputers shall address the security of the supply chain. It shall be based on tender specifications that are demand-driven and that take into account the user requirements and the general system specifications provided by the selected hosting entity in its application for the call for expression of interest. 4.The Joint Undertaking may act as first user of AI-optimised supercomputers that integrate technologies primarily developed in the Union. 5.The Governing Board may decide in the work programme, if duly justified for security reasons, to condition the participation of suppliers in the acquisition of the AI-optimised supercomputers in accordance with Article 12(6) of Regulation (EU) 2021/694, or to limit the participation of suppliers for security reasons or where the actions directly relate to the Union’s strategic autonomy in accordance with Article 18(4) of that Regulation. 6.The AI-optimised supercomputers shall be located in a hosting entity of a EuroHPC supercomputer or a supercomputing centre located in the Union. 7.Without prejudice to the winding up of the Joint Undertaking, as referred to in Article 23(4) of the Statutes, at the earliest five years after the successful acceptance test by the AI-optimised supercomputer installed in a hosting entity, the ownership of the AI-optimised supercomputer may be transferred to that hosting entity or the AI-optimised supercomputer may be sold to another entity or decommissioned upon decision of the Governing Board and in accordance with the hosting agreement. In the case of transfer of ownership of an AI-optimised supercomputer, the hosting entity shall reimburse the Joint Undertaking the residual value of the supercomputer that is transferred. If there is no transfer of ownership to the hosting entity but a decision to decommission the AI-optimised supercomputer, the relevant costs shall be shared equally by the Joint Undertaking and the hosting entity. The Joint Undertaking shall not be liable for any costs incurred after the transfer of ownership of the AI-optimised supercomputer or after the sale or decommissioning of the AI-optimised supercomputer.

Council Regulation (EU) 2021/1173 of 13 July 2021 on establishing the European High Performance Computing Joint Undertaking and repealing Regulation (EU) 2018/1488 (OJ L 256, 19.7.2021, p. 3 ).

The Joint Undertaking shall acquire AI-optimised supercomputers and shall own them.

The Union financial contribution referred to in Article 5(1) shall cover up to 50 % of the acquisition costs plus up to 50 % of the operating costs of the AI-optimised supercomputers. The operating costs include the costs for AI-oriented supercomputing services.

The remaining total cost of ownership of the AI-optimised supercomputers shall be covered by the Participating State where the hosting entity is established or by the Participating States in the hosting consortium, possibly supplemented by the contributions referred to in Article 6.

The selection of the supplier of the AI-optimised supercomputers shall address the security of the supply chain. It shall be based on tender specifications that are demand-driven and that take into account the user requirements and the general system specifications provided by the selected hosting entity in its application for the call for expression of interest.

The Joint Undertaking may act as first user of AI-optimised supercomputers that integrate technologies primarily developed in the Union.

The Governing Board may decide in the work programme, if duly justified for security reasons, to condition the participation of suppliers in the acquisition of the AI-optimised supercomputers in accordance with Article 12(6) of Regulation (EU) 2021/694, or to limit the participation of suppliers for security reasons or where the actions directly relate to the Union’s strategic autonomy in accordance with Article 18(4) of that Regulation.

The AI-optimised supercomputers shall be located in a hosting entity of a EuroHPC supercomputer or a supercomputing centre located in the Union.

Without prejudice to the winding up of the Joint Undertaking, as referred to in Article 23(4) of the Statutes, at the earliest five years after the successful acceptance test by the AI-optimised supercomputer installed in a hosting entity, the ownership of the AI-optimised supercomputer may be transferred to that hosting entity or the AI-optimised supercomputer may be sold to another entity or decommissioned upon decision of the Governing Board and in accordance with the hosting agreement. In the case of transfer of ownership of an AI-optimised supercomputer, the hosting entity shall reimburse the Joint Undertaking the residual value of the supercomputer that is transferred. If there is no transfer of ownership to the hosting entity but a decision to decommission the AI-optimised supercomputer, the relevant costs shall be shared equally by the Joint Undertaking and the hosting entity. The Joint Undertaking shall not be liable for any costs incurred after the transfer of ownership of the AI-optimised supercomputer or after the sale or decommissioning of the AI-optimised supercomputer.

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