On Twelve Shades of Green: Assessing the Levels of Environmental Protection in the Artificial Intelligence Act

Abstract The paper examines twelve legal regimes related to the governance and regulation of both the environmental risks and opportunities brought forth by the use of AI systems and AI models in the Artificial Intelligence Act (‘AIA’) of EU law. The assessment of risks and opportunities of AI related to the environment includes the high-risk management procedures under Art. 9 of the AIA, the “fundamental rights impact assessment” of Art. 27, and the codes of conduct of Art. 95. These provisions are supplemented by further regulatory regimes, such as the proposal of EU directive on sustainable consumption and green claims, and Reg. (EU) 2023/588 on environmental and space sustainability, among others. The aim of the analysis is to specify which are the less or the more environmentally friendly regulatory regimes set up with the AIA. The claim is that Art. 9, 27 and 95 are among the less green pieces of the whole legislation.