The Council of Europe AI treaty — formally the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law — is the first legally binding international treaty on artificial intelligence. Opened for signature on 5 September 2024 and designated CETS No. 225, it runs alongside, not inside, the EU AI Act, and it applies across the Council of Europe’s 46 member states plus a growing list of non-European signatories, including the United States.
The Framework Convention is a treaty under public international law, not an EU regulation: it creates binding obligations for the states that ratify it, each of which must transpose those obligations into domestic law. That structure makes it a second, parallel governance track for any research institution operating in a Council of Europe member state that sits outside the European Union — the United Kingdom, Switzerland, Norway, Ukraine, Türkiye, and more than a dozen others.
What is the Council of Europe AI treaty?
The Framework Convention was negotiated by the Council of Europe’s Committee on Artificial Intelligence (CAI), successor to the ad hoc committee (CAHAI) that began scoping work in 2019. It was drafted by the Council of Europe’s 46 member states with observer states Canada, Japan, Mexico, the Holy See and the United States, plus the European Union and non-member states including Australia, Argentina, Costa Rica, Israel, Peru and Uruguay.
According to the Council of Europe, 68 representatives from civil society, academia and industry contributed to the drafting. The treaty sets out principles AI systems must respect: human dignity, equality and non-discrimination, privacy and data protection, transparency and oversight, accountability, safe innovation, and remedies for people affected by AI-driven decisions.
- Deliberately technology-neutral, so the text does not require revision each time a new AI architecture emerges.
- Applies to AI systems used by public authorities (including private actors acting on their behalf) and by private-sector actors.
- Excludes national defence matters and most research and development activity, with one important exception (see below).
- Monitored by a Conference of the Parties, which reviews implementation and facilitates stakeholder hearings.
Who has signed and ratified it?
The treaty opened for signature on 5 September 2024. Early signatories included the European Union, the United Kingdom and the United States, alongside several Council of Europe member states. Since then, further states — including Bosnia and Herzegovina, North Macedonia, the Republic of Moldova and San Marino — have signed or moved toward ratification, per the Council of Europe’s treaty tracking page.
A pivotal step came on 15 May 2026, when the European Union formally ratified the Framework Convention, according to the Council of Europe’s Artificial Intelligence Portal. Ratification does not fold the treaty into EU law; the two instruments remain distinct tracks the Union has committed to enforcing in a complementary way.
Because the Council of Europe has 46 member states — nearly double the EU’s 27 — a large bloc of countries with binding obligations under this treaty will never be covered by the EU AI Act at all: the UK, Switzerland, Norway, Iceland, Ukraine, Türkiye, Armenia, Georgia, Azerbaijan and the Western Balkan states listed above.
How does it differ from the EU AI Act?
The EU AI Act (Regulation (EU) 2024/1689) is directly applicable law inside the EU and EEA, built on a tiered risk-classification system with technical and conformity obligations. The Framework Convention is a different instrument: a human-rights treaty setting baseline principles for ratifying states to implement through domestic legislation, not a self-executing regulatory code.
| Dimension | Council of Europe AI treaty | EU AI Act |
|---|---|---|
| Legal form | International treaty (CETS No. 225) | Directly applicable EU regulation |
| Territorial reach | 46 Council of Europe member states + non-European signatories (US, others) | 27 EU member states + EEA |
| Approach | Principles-based human-rights baseline | Risk-tiered technical compliance regime |
| Enforcement | Domestic implementing law per ratifying state; Conference of the Parties oversight | National market-surveillance authorities + EU AI Office |
| R&D treatment | Excluded, except where testing may interfere with rights/democracy/rule of law | Research exemption with narrower conditions |
Legal trackers such as White & Case’s AI Watch note the Framework Convention requires each signatory to ensure remedies are available to those affected by AI systems — an obligation that exists independently of whatever risk category the EU AI Act would assign to the same system.
Does it apply to research and development?
This is the detail research institutions most often miss. The Framework Convention does not apply to research and development activities — except when testing of an AI system may interfere with human rights, democracy or the rule of law. The carve-out is narrower than it looks: once a prototype moves from the lab into testing that touches real people’s data or opportunities, the exception can lapse and obligations on transparency, accountability and remedy attach.
For universities, research funders and multinational consortia, this means AI-enabled research tools — automated peer-review triage, algorithmic grant scoring, participant-recruitment models, predictive analytics on patient or student data — are not automatically outside scope simply because they originate in a research setting. Institutions in non-EU Council of Europe states cannot assume “the EU AI Act doesn’t apply to us” settles the matter; the Framework Convention raises a parallel, sometimes broader, compliance question the moment R&D testing touches real-world rights.
Frequently asked questions
What is the Council of Europe AI treaty?
The Council of Europe AI treaty is the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, opened for signature on 5 September 2024. It is the first legally binding international treaty requiring signatory states to govern the full lifecycle of AI systems in line with human rights, democratic values and the rule of law.
Which countries have signed the Council of Europe AI treaty?
Early signatories included the European Union, United Kingdom and United States, joined since by further Council of Europe member states including Bosnia and Herzegovina, North Macedonia, the Republic of Moldova and San Marino. The EU formally ratified the treaty on 15 May 2026, per the Council of Europe’s official portal.
Is the Council of Europe AI treaty the same as the EU AI Act?
No. The EU AI Act is a directly applicable EU regulation limited to the EU/EEA. The Council of Europe treaty is a separate international human-rights instrument spanning 46 member states plus non-European signatories, enforced through each state’s own domestic implementing legislation.
Does the treaty regulate university and funder AI tools?
Generally research and development is excluded, but the exclusion lifts once AI testing could affect real people’s rights — for example, algorithmic grant scoring or predictive analytics on participant data. Institutions should not assume research-labelled AI tools sit permanently outside the treaty’s reach.
Implications and outlook for research institutions
Research institutions in a Council of Europe member state outside the EU should treat the Framework Convention as an independent compliance track, not a footnote to EU AI Act guidance. Practical steps:
- Map which AI systems used in research administration, grant assessment or participant-facing services could trigger the treaty’s rights-impact exception once national implementing legislation is adopted.
- Track ratification status in each jurisdiction where the institution operates, since obligations activate state-by-state, not on a single EU-wide date.
- Build transparency and remedy mechanisms — notice of AI use, a route to challenge automated decisions — into research-facing AI tools regardless of which regime formally applies yet.
Globally, the treaty is one entry in a widening, uneven map of AI regulations around the world: the EU’s harmonised regulatory code, the Council of Europe’s rights-based treaty spanning EU and non-EU states, a fragmented patchwork of US state AI laws in the absence of comprehensive federal legislation, and sector-specific rules elsewhere. Institutions tracking several of these regimes at once increasingly need an AI legislation tracker that separates treaty-level from regulation-level instruments, rather than one undifferentiated “AI law” category.
The Framework Convention will not be the last binding international AI instrument. Its Conference of the Parties is designed to accumulate practice and guidance over time, as other Council of Europe human-rights treaties have. Research institutions that build AI governance around rights-based principles now — not only EU AI Act risk tiers — will be better placed as more states ratify and more domestic implementing laws take effect. CASRAI’s research administration resources track how such cross-border compliance obligations intersect with day-to-day research operations.