Governing AI Consciousness: Establishing an EU-China Rapprochement Agenda

Deepseek, Artificial intelligence, Letters image. Free for use.  © viarami / Pixabay Content License / pixabay

Introduction

Artificial Intelligence (AI) is transforming industries globally, with major players such as the United States, China, and Europe competing to advance their respective industries.  However, particularly in the field of generative AI, European companies such as France’s Mistral and Germany’s Aleph Alpha are lagging behind major players like China’s DeepSeek or the U.S.-born Grok 3.

If the EU seeks to become a global AI powerhouse, as stated in the 2025 AI Action Summit, it must pursue bold innovation alongside strategic international collaborations. China could be a compelling partner for such collaboration. Thus, this article explores the potential for EU-China rapprochement in the governance of AI consciousness.

The American Factor

Donald J. Trump’s new term has marked a shift in American foreign affairs and trade strategy, targeting allies such as Canada and other EU member states. His announcement of increased tariffs, initially targeting Canada and Mexico, was later extended to China and EU member states, among other countries. According to Trump, the introduction of 25% tariffs on all goods imported from EU members 25% tariffs on all goods imported from EU member states is a response to perceived unfair trade imbalances between the EU and the U.S. In addition to Trump’s harsh rhetoric regarding unfair trade practices, U.S. involvement in Greenland, tensions over the Russia-Ukraine war, and seemingly closer American-Russian relations, have strained EU-U.S. relations in turn.

Excluding Europe from a possible peace deal between Ukraine and Russia would mark the definitive turning point, exemplifying that the EU can no longer rely on its alliance with the U.S. Hence, considering a rapprochement with China in sectors where mutual interests prevail should not be off the table. Given China’s latest advancements in technology and regulatory frameworks, the AI sector presents a promising venue for EU-China relations.

Europe’s AI Approach

The EU AI Act adopts a human-centric AI approach, promoting trustworthiness, ethical standards and democratic values. Human rights and fundamental rights are the core of the act, to protect individuals’ autonomy and privacy. The European AI Strategy aims to help the EU become a world-class hub for AI by establishing concrete rules and actions. Two landmark documents are central to this strategy. The first being the Council of Europe’s Framework Convention: “on artificial intelligence and human rights, democracy, and the rule of law”, a treaty open for signature by EU Member States as well as non-member States. The framework convention, which was opened for signature on 5 September 2024, aims to ensure that any activities related to AI systems are in line with human rights, democracy and the rule of law. The Convention is the first legally binding international instrument on AI and was already signed by 13 countries apart from the EU member states. To date, China has not signed it.

The second document is the European Union AI Act, which established a comprehensive regulatory framework for AI, setting a precedent for global governance in this rapidly evolving field. Regulatory challenges are particularly pronounced in sectors that handle sensitive data or require stringent compliance measures, necessitating a careful balance between fostering innovation and ensuring ethical AI deployment.

AI applications are evaluated using a risk-based approach in the AI Act, assessing their complexity and potential impact on human life. Some applications may even be deemed unlawful under the Act, which prohibits certain high-risk AI practices, such as AI-based social scoring and face scanning.

AI-based companies must navigate this evolving regulatory landscape to ensure compliance while developing their AI systems. As more countries enact legislation to mitigate AI-related risks, regulatory foresight is becoming a critical component of responsible AI innovation.

China’s AI Approach

China’s dual AI approach is based on Xi Jinping's ‘Great Rejuvenation of the Chinese Nation’ ideology. First, domestically, China prioritizes the development of functional AI solutions tailored for practical applications across critical sectors, including industry, agriculture, and commerce. This approach is strongly driven by socialist core values, state-backed initiatives, and large-scale manufacturing. The revival of the socialist values with Chinese characteristics is also represented in national policies, serving the purpose of aligning technology with development, social stability and common prosperity.  Second, internationally, China’s commitment to South-South cooperation through the Belt and Road Initiative, BRICS+ and bilateral relations, alongside trade and infrastructure, is increasingly mirroring its strategy in sectors such as electric vehicles and renewable energy.

Lastly, from a historical point of view, China’s AI strategy has been underway since its ‘Made in China 2025’ strategy, which was fundamental in propelling China several ranks up in global innovation indices and securing its leading position as the top filer of generative AI patents. Currently, China ranks second in AI, according to the latest report released by Stanford University. More so, similar to the EU, China has put in place a sectoral-based comprehensive regulatory framework. The 2017 “Next Generation Artificial Intelligence Development Plan” was the first government strategy document outlining key industries intended to position China as the global center for AI innovation by 2030. 

Following the success of OpenAI, China released in 2023 the “Interim Measures for the Management of Generative Artificial Intelligence Services”. The aim of the Interim Measures is to support public participation, allowing citizens to play an active role. For example, by filing complaints with a designated department for non-compliance with data protection and cybersecurity regulations or by preventing large language models (LLMs) from generating potentially harmful content.

Currently, there are efforts underway to draft the “China AI Law”. The law is expected to support existing strategies and regulations while aligning with political and societal values, rooted in socialism with Chinese characteristics. The legislation will be backed by the intellectual property rights and data protection regulations, as well as penalties for non-compliance. Like previous ‘Measures’, socialist values, sovereignty and national security will be the core foundation of the law.

Chinese Companies under Scrutiny in Europe

Chinese companies have been under scrutiny in Europe in recent years. There are ongoing complaints filed by NGOs in five countries against TikTok, Shein, Xiaomi and three other Chinese companies over illegal data transfer. This highlights the importance of EU regulations, particularly the General Data Protection Regulation (GDPR), as well as the EU AI Act, despite the geopolitical friction it causes.

Despite these frictions, Sino-European relations may have entered a new phase. China signed the “Statement on Inclusive and Sustainable Artificial Intelligence for People and the Planet” during the last AI Action Summit in Paris, joining nearly sixty countries to foster AI global governance. This statement emphasizes China’s commitment to an open, multi-stakeholder, and inclusive approach to AI, focusing on human rights, ethics, safety, and trustworthiness. The signatories agreed on priorities such as promoting AI accessibility, ensuring transparency, and fostering innovation to bridge digital divides and advance the Sustainable Development Goals. Thus, further EU-China cooperation in AI governance is worth exploring along with other fields such as trade and innovation.  

Approaching a New Era of Conscious AI

While EU-China cooperation under current AI frameworks is promising, there may also be potential for EU-China cooperation in an age of conscious AI. Artificial consciousness is autonomous in nature, appertaining to recursive self-improvement and self-learning processes that operate beyond human control.

Current AI governance frameworks are designed to address existing risks, firmly based on data protection deterrence, while addressing biases and cybersecurity risks associated with AI systems. As technology evolves into phases where AI tools may give place to agentic AI or even conscious AI, governments are not prepared to contain the independence of these systems, nor can they assess the immense consequences to society.

A recent publication titled ‘Taking AI Welfare Seriously’ suggests that consciousness in AI systems might be feasible by 2035, having as possible outcomes ‘social ruptures’ between those who disagree on its sentience with AI’s own decisions.

Safeguarding the implementation of a responsible and ethical AI agenda in the age of conscious AI will require ex-ante measures, including collaborative frameworks designed to avoid malicious AI. In recent years, China and the EU have advanced in developing AI-related regulatory frameworks, putting in place mechanisms to promote innovation and AI advancement while curbing possible risks and threats. Cooperation on AI governance can further promote mutual trust and innovation through shared standards and best practices.

Exploring New Grounds for Cooperation

Sino-European cooperation in sciences was established through the Science and Technology Cooperation Agreement in 1998, amended in 2019. It gave precedent for enhanced cooperation on research and innovation, which was later solidified through the EU’s Research and Innovation Framework Programme Horizon Europe (2021-2027). Concrete collaborative projects include the Astrometric Science and Technology Roadmap for Astrophysics (ASTRA), a notable collaboration between Italy’s National Astrophysics Institute (INAF) and China's CAS Shanghai Observatory, advancing research in astrometric space science. The project was implemented between 2019 and 2022.

Specific cooperation with an AI framework between China and the European Union, due to the regulatory advancements in both Europe and China, could benefit their companies and prepare better mechanisms when conscious AI starts being commercialized.

In 2023, the European Commission held the second High-level Digital Dialogue with China to discuss topics related to data regulation, cooperation in AI and research and innovation. However, there is currently no permanent platform for AI governance discussions. This may be due to some of the frictions caused by breaches in the EU’s AI regulatory system.  “Regulation of artificial intelligence would encourage — not stifle — innovation”, stated Martin-Bariteau from the University of Ottawa. Nevertheless, several companies, such as DeepSeek and several other Chinese companies, are either under investigation or facing lawsuits that reach billions of euros, indicating that current EU regulatory frameworks are not respected.

Harmonizing governance approaches between the EU and China in conscious AI is essential to ensure safe, ethical, and mutually beneficial technological development. To achieve this, three steps should be explored further. First, both sides should implement a permanent dialogue platform to align key principles that will mutually benefit their companies. Second, the development of a bilateral agreement on AI transparency, data privacy protections, and accountability mechanisms can benefit their companies in order to boost cooperation in critical areas and avoid future legal challenges. Third, the creation of a shared regulatory sandbox, where AI systems are tested under controlled conditions, which could help bridge differences and build trust between regulatory bodies.

By promoting cooperation in these areas, the EU and China can prevent regulatory fragmentation, mitigate potential conscious AI-related risks, and set a global precedent to redefine their relations.

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ABOUT THE AUTHOR

Dr. Renata Thiébaut is a professor at Gisma University of Applied Sciences and the COO of Green Proposition Consulting. Dr. Renata holds a doctorate in Law from Shanghai Jiaotong University and a post-doctorate from Harvard University (2018-2020). She has lived in China for 17 years, where she worked with some of the major Chinese tech companies, Alibaba and Tencent.

This article was edited by Maria Kienzle and George Banos.