Chapter VII — GovernanceArticle 64

Article 64: European Artificial Intelligence Board

Applies from 2 Aug 20266 min readEUR-Lex verified Apr 2026

Article 64 establishes the European Artificial Intelligence Board (AI Board) as the key advisory and coordination body for AI Act governance. The Board consists of one representative per Member State, with the European Data Protection Supervisor (EDPS) and the Commission participating. The Board advises and assists the Commission and Member States in ensuring consistent and effective application of the Regulation across the Union. It contributes to coordination among national authorities, collects and shares technical expertise, and provides recommendations on standards, sandboxes, and cross-border cooperation.

Who does this apply to?

  • -Member State representatives on the AI Board — each Member State designates one senior representative from its national competent authority
  • -The European Commission, which receives the Board's advice and recommendations and participates as an observer
  • -National competent authorities that coordinate enforcement and best practices through the Board

Scenarios

Two Member States disagree on whether a particular AI system should be classified as high-risk under Annex III. The AI Board facilitates a coordinated discussion, shares technical analysis from national authorities, and issues a recommendation for consistent classification across both markets.

The Board's coordination role prevents regulatory fragmentation — providers get a consistent answer rather than conflicting national interpretations.
Ref. Art. 64(1)

The Commission is developing implementing acts on AI regulatory sandboxes and requests the AI Board's input on common procedures and best practices from national sandbox experiences.

The Board collects insights from Member States that have already launched sandboxes and provides consolidated recommendations, ensuring the implementing acts reflect practical experience.
Ref. Art. 64(2)

What Article 64 does (in plain terms)

Article 64 creates the institutional architecture for coordinated AI governance across the EU. The AI Board is modelled on similar bodies in EU data protection (the European Data Protection Board) and digital services regulation.

Composition: - One representative per Member State — typically a senior official from the national competent authority responsible for AI Act implementation. - European Data Protection Supervisor (EDPS) — participates given the significant overlap between AI regulation and data protection. - European Commission — participates as an observer, receiving the Board's advice.

Core role: The Board advises and assists the Commission and Member States to ensure the AI Act is applied consistently and effectively across the Union. It is not itself a decision-making enforcement body — national competent authorities retain that role — but it is the primary coordination mechanism to prevent regulatory fragmentation.

Key functions of the AI Board

While Article 65 lists the Board's detailed tasks, Article 64 establishes its mandate at a high level:

1. Coordination among national authorities — ensuring Member States apply the AI Act consistently, especially for cross-border AI systems. 2. Technical expertise sharing — collecting and disseminating best practices, technical knowledge, and enforcement experience. 3. Recommendations on standards — advising on harmonised standards, common specifications, and the functioning of regulatory sandboxes. 4. Cross-border cooperation — facilitating cooperation when AI systems operate across multiple Member States. 5. Advisory role — providing opinions and recommendations to the Commission on implementation priorities, delegated acts, and enforcement guidance.

The Board may establish subgroups for specific technical or sectoral topics and adopt its own rules of procedure.

How Article 64 connects to the rest of the Act

  • Article 65 — enumerates the Board's specific tasks in detail.
  • Article 66 — the AI Office, which provides the Board's secretariat and operational support.
  • Article 88 — the advisory forum (stakeholder input mechanism that feeds into the Board's work).
  • Article 57 — AI regulatory sandboxes (the Board advises on sandbox best practices).
  • Article 40 — harmonised standards (the Board recommends on standard adoption).
  • Article 113 — application dates and governance timeline.

What the AI Board means for operators

For providers and deployers of AI systems, the AI Board matters because:

  • Consistent interpretation — the Board's recommendations reduce the risk of conflicting national interpretations of the AI Act, providing more predictable compliance requirements.
  • Best practices — the Board collects and publishes best practices on risk management, conformity assessment, and sandbox participation that operators can reference.
  • Standards influence — the Board's recommendations on harmonised standards and common specifications shape the technical benchmarks operators must meet.
  • Enforcement coordination — the Board coordinates market surveillance priorities, which signals where national authorities are likely to focus enforcement efforts.

While the Board does not directly regulate operators, its outputs influence the regulatory environment in which you operate. Monitor Board publications for guidance that may affect your compliance approach.

Compliance checklist

  • Monitor AI Board publications, recommendations, and opinions — these shape how national authorities interpret and enforce the AI Act.
  • Check whether the Board has issued guidance relevant to your AI system's risk classification, sector, or intended use case.
  • For cross-border AI systems, review Board recommendations on coordination between national authorities to understand how multi-jurisdiction compliance is expected to work.
  • Follow Board recommendations on harmonised standards and common specifications — these define the technical benchmarks for conformity assessment.
  • Engage with the advisory forum (Article 88) if your sector or organisation can contribute expertise that informs the Board's work.
  • Track Board guidance on sandbox best practices if you are considering or participating in a regulatory sandbox.

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Frequently asked questions

Can the AI Board fine my company?

No. The AI Board is an advisory and coordination body, not an enforcement authority. Enforcement powers (including fines) rest with national competent authorities and, for certain GPAI provisions, the AI Office. The Board's role is to ensure these authorities act consistently.

How is the AI Board different from the AI Office?

The AI Board is a multi-stakeholder coordination body with Member State representatives, the EDPS, and the Commission. The AI Office (established under Article 66) is a Commission-internal structure that provides operational support, enforces GPAI rules, and acts as the Board's secretariat. The Board advises; the AI Office executes.

Are AI Board opinions legally binding?

Not directly. Board opinions and recommendations are advisory — they guide national authorities and the Commission but do not create binding obligations on operators. However, national authorities that consistently deviate from Board guidance may face coordination pressure, so Board positions carry significant practical weight.