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9. Having considered some of the proposals by different stakeholders, and taking due account of theoverall structure and the transversal character of the agreed text, the Assembly proposes the followingamendments to the draft Framework Convention:

9.1. replace Article 3.2 with the following text: “Each Party may restrict the application of the provisions of this Convention if activities within the lifecycle of artificial intelligence systems are necessary to protect its national security or national defence interests and if such activities are conducted in a manner consistent with applicable international law, including international human rights law obligations, and with respect for its democratic institutions and processes.”;

9.2. delete Article 3.4;

9.3. in Article 5.1, after “effectiveness of democratic institutions and processes, including” add the following words: “free and fair elections,”;

9.4. in Chapter III, add the following article: “Every Party shall adopt or maintain measures to preserve health and the environment in the context of activities within the lifecycle of artificial intelligence systems, in line with applicable international and domestic law.”;

9.5. in Article 14.2 (c) or in the explanatory report, add a reference to “judicial authorities” or “judicial review”;

9.6. in Article 15.1, add a reference to “human review”;

9.7. in Articles 16.1, 16.2 (a), (e) and 16.3, after the words “the rule of law” add the following words: “and the preservation of the environment”;

9.8. replace Article 16.4 with the following text: “Each Party shall take such legislative or other measures as may be required to put in place mechanisms for a moratorium or ban or limitations in respect of certain uses of artificial intelligence systems where such uses are considered incompatible with the respect of human rights, the functioning of democracy or the rule of law.”;

9.9. in Chapter VI, add the following article: “Each Party shall take appropriate measures to ensure protection of whistleblowers in relation to the activities within the lifecycle of artificial intelligence systems which could adversely impact human rights, democracy and the rule of law.”;

9.10. at the end of Article 26.2, add the following sentence: “The functions and powers of such mechanisms shall include investigative powers, the power to act upon complaints, periodic reporting, promotion, public awareness and consultation on the effective implementation of this Convention.”;

9.11. in Chapter VII, after Article 26, add the following article: “Parliamentary involvement”: “1. National parliaments shall be invited to participate in the follow-up and review of the measures taken for the implementation of this Convention. 2. The Parliamentary Assembly of the Council of Europe shall be invited to regularly take stock of the implementation of this Convention.”

10. The Assembly wishes to participate in the future Conference of the Parties set up by the FrameworkConvention and engage in the co-operation and exchange of information envisaged under Article 25.

11. The Assembly invites its Sub-Committee on Artificial Intelligence and Human Rights to raise awarenessof the Framework Convention once adopted, including by promoting its ratification or accession by memberStates, observer States, and States whose parliaments enjoy observer or partner for democracy status withthe Assembly.

12. Finally, the Assembly will continue to work on AI-related issues, through new reports on emergingtopics and by following closely and contributing where necessary to the standard-setting activities of the CAIand other relevant Council of Europe inter-governmental bodies.

13 DE MAIO DE 2024 _____________________________________________________________________________________________________________

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