Regulating Artificial Intelligence while respecting the environment: An evaluation of the AI Act with recommendations for sustainable solutions

Abstract

This thesis explores the alignment of the European Union's Artificial Intelligence Act (AIA) with the EU's environmental protection objectives, examining potential conflicts and proposing solutions for harmonization. Environmental protection has become a cornerstone of EU law, rooted in the Treaties on European Union (TEU) and the Functioning of the European Union (TFEU), the Charter of Fundamental Rights (CFR), and strategic initiatives like the European Green Deal (EGD). The principle of environmental integration requires environmental considerations to be embedded across all EU policies. Artificial intelligence (AI) is a dual-edged innovation. While it offers transformative opportunities for addressing environmental challenges—such as optimizing resource use and reducing emissions—it also generates significant risks, including high carbon emissions and resource-intensive production processes. The European Commission’s AIA aims to establish a harmonized regulatory framework for AI systems, emphasizing fundamental rights and safety. However, the Act inadequately addresses environmental risks, prioritizing human-centric considerations unless environmental harm directly impacts human rights or interests. The thesis identifies gaps in the AIA's environmental integration, analyzing its risk-based assessment system and the absence of provisions for mitigating AI’s ecological impact. Recommendations include incorporating Environmental Impact Assessments (EIA) for AI systems, integrating AI into the Ecodesign for Sustainable Products Regulation (ESPR), and ensuring compliance with the environmental integration principle enshrined in EU law. This research highlights the need for a robust regulatory approach that balances technological advancement with sustainable development. It calls for an AIA revision to align with the EU’s overarching environmental goals, ensuring AI systems contribute to, rather than hinder, the EU’s commitment to achieving a climate-neutral, sustainable future. This alignment would position the EU as a global leader in regulating AI responsibly and sustainably.