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iterative process run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic updating. 223 The proposal for the AI Act does not refer to R2HE, but to the right to a high level of environmental protection and the improvement of the quality of the environment including in relation to the health and safety of people. The obligations for ex ante testing, risk management and human oversight will also facilitate the respect of other fundamental rights by minimising the risk of erroneous or biased AI-assisted decisions in critical areas such as education and training, employment, important services, law enforcement and the judiciary. 224 Solís Peréz, the Rapporteur of the Committee on the Environment, Public Health and Food Safety of the European Parliament in opinion from 22 April 2022 is concerned that the AI Act does not provide sufficient protection to the environment and by implication the protection of the R2HE. 225 Therefore, the Rapporteur proposed that the AI Act shall include the environment among the areas that require a high level of protection. In order to do so, the environment has been included in all the recitals and articles together with health, safety and the protection of fundamental rights. This will entail the classification as “high risk AI” of all those systems that can have major negative implications on the environment. At the same time, the Rapporteur has reinforced the right to proper redress mechanisms in case of negative environmental impacts as set out in the Aarhus Convention and has set the principle of “Do no significant harm” as established in the Taxonomy Regulation as a limit to ensure that AI systems abide with the EU’s high level of environmental standards and rights. 226 The European Parliament and the Council, subsequently, made amendments to the Commission’s proposal and included provisions that reflect the R2HE, but not expressly stating the right. For instance, under art. 1, the purpose of this Regulation is to promote the uptake of human-centric and trustworthy AI and to ensure a high level of protection of health, safety, fundamental rights, democracy and rule of law and the environment from harmful effects of AI systems in the Union while supporting innovation. 227 Under 225 European Parliament – Committee on the Environment, Public Health and Food Safety, Opinion of the Committee on the Environment, Public Health and Food Safety for the Committee on the Internal Market and Consumer Protection and for the Committee on Civil Liberties, Justice and Home Affairs on the proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts COM(2021)0206 – C9-0146/2021 – 2021/0106(COD), 22 April 2022, , p. 3. 226 Ibid., pp. 3–4. 227 European Parliament, Amendments adopted by the European Parliament on 14 June 2023 on the proposal for a regulation of the European Parliament and of the Council on laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts COM(2021)0206 – C9-0146/2021 – 2021/0106(COD), , amendment 140. See also Council of the European Union, Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts - General approach, Brussels, 25 November 2022, 14954/22 . 223 Ibid., Art. 9 (1) and (2). 224 Ibid., p. 11.

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