### 3. without prejudice to paragraph 1 , to the extent the user exercises control over the input data , that user shall ensure that input data is relevant in view of the intended purpose of the high-risk ai system. ### 3. without prejudice to paragraph 1 , to the extent the user exercises control over the input data , that user shall ensure that input data is relevant and sufficiently representative in view of the intended purpose of the high-risk ai system.


### 4. users shall monitor the operation of the high-risk ai system on the basis of the instructions of use. when they have reasons to consider that the use in accordance with the instructions of use may result in the ai system presenting a risk within the meaning of article 65(1) they shall inform the provider or distributor and suspend the use of the system. they shall also inform the provider or distributor when they have identified any serious incident or any malfunctioning within the meaning of article 62 and interrupt the use of the ai system. in case the user is not able to reach the provider , article 62 shall apply mutatis mutandis. ### 4. users shall monitor the operation of the high-risk ai system on the basis of the instructions of use and , when relevant , inform providers in accordance with article 61. to the extent the user exercises control over the high-risk ai system , users shall also perform risk assessments in line with article 9 but limited to the potential adverse effects of using the high-risk ai system and the respective mitigation measures. when they have reasons to consider that the use in accordance with the instructions of use may result in the ai system presenting a risk within the meaning of article 65(1) they shall inform the provider or distributor and relevant regulatory authority and suspend the use of the system. they shall also inform the provider or distributor and relevant regulatory authority when they have identified any serious incident and interrupt the use of the ai system. in case the user is not able to reach the provider , importer or distributer article 62 shall apply mutatis mutandis.


### 5. users of high-risk ai systems shall keep the logs automatically generated by that high-risk ai system , to the extent such logs are under their control. the logs shall be kept for a period that is appropriate in the light of the intended purpose of the high-risk ai system and applicable legal obligations under union or national law. ### 5. users of high-risk ai systems shall keep the logs automatically generated by that high-risk ai system , to the extent such logs are under their control. they shall keep them for a period of at least six months , unless provided otherwise in applicable union or national law.


### any personal data processed are not be transmitted , transferred or otherwise accessed by other parties; ### any personal data processed are not be transmitted , transferred or otherwise accessed by other parties that are not participants in the sandbox nor transferred to a third country outside the union or an international organisation;


### any processing of personal data in the context of the sandbox do not lead to measures or decisions affecting the data subjects; ### any processing of personal data in the context of the sandbox shall not affect the application of the rights of the data subjects as provided for under union law on the protection of personal data , in particular in article 22 of regulation (eu) 2016/679 and article 24 of regulation (eu) 2018/1725;


### any personal data processed in the context of the sandbox are deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period; ### any personal data processed in the context of the sandbox are protected by means of appropriate technical and organisational measures and deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period;


### the logs of the processing of personal data in the context of the sandbox are kept for the duration of the participation in the sandbox and 1 year after its termination , solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under this article or other application union or member states legislation; ### the logs of the processing of personal data in the context of the sandbox are kept for the duration of the participation in the sandbox;


### 2. the specific interests and needs of the small-scale providers shall be taken into account when setting the fees for conformity assessment under article 43 , reducing those fees proportionately to their size and market size. ### 2. the specific interests and needs of the sme’s and start-ups shall be taken into account when setting the fees for conformity assessment under article 43 , reducing those fees proportionately to their size and market size , by granting subsidies or even exempting smes and start ups from paying.


### 1. a ‘european artificial intelligence board’ (the ‘board’) is established. ### 1. a ‘european artificial intelligence board’ (the ‘board’) is established as an independent body with its own legal personality. the board shall have a secretariat , a strong mandate as well as sufficient resources and skilled personnel at its disposal for the assistance in the performance of its tasks laid down in article 58.


### contribute to the effective cooperation of the national supervisory authorities and the commission with regard to matters covered by this regulation; ### contribute to the effective cooperation of the national supervisory authorities and the commission with regard to matters covered by this regulation;


### assist the national supervisory authorities and the commission in ensuring the consistent application of this regulation. ### assist the commission , national supervisory authorities and other competent authorities in ensuring the consistent application of this regulation , in particular in line with the consistency mechanism referred to in article 59a(3);


### 2. the board shall adopt its rules of procedure by a simple majority of its members , following the consent of the commission. the rules of procedure shall also contain the operational aspects related to the execution of the board’s tasks as listed in article 58. the board may establish sub-groups as appropriate for the purpose of examining specific questions. ### 2. the board shall adopt its rules of procedure by a simple majority of its members. the rules of procedure shall also contain the operational aspects related to the execution of the board’s tasks as listed in article 58. the board may establish standing or temporary sub-groups as appropriate for the purpose of examining specific questions.


### collect and share expertise and best practices among member states; ### collect and share expertise and best practices among member states , including on the promotion of awareness raising initiatives on artificial intelligence and the regulation;


### 2 national competent authorities ### 2 national supervisory authorities


### designation of national competent authorities ### designation of national supervisory authorities


### 1. national competent authorities shall be established or designated by each member state for the purpose of ensuring the application and implementation of this regulation. national competent authorities shall be organised so as to safeguard the objectivity and impartiality of their activities and tasks. ### 1. each member state shall establish or designate one national supervisory authority , which shall be organised so as to safeguard the objectivity and impartiality of its activities and tasks.


### 2. each member state shall designate a national supervisory authority among the national competent authorities. the national supervisory authority shall act as notifying authority and market surveillance authority unless a member state has organisational and administrative reasons to designate more than one authority. ### 2. the national supervisory authority shall be in charge to ensure the application and implementation of this regulation. with regard to high-risk ai systems , related to products to which legal acts listed in annex ii apply , the competent authorities designated under those legal acts shall continue to lead the administrative procedures. however , to the extent a case involves aspects covered by this regulation , the competent authorities shall be bound by measures issued by the national supervisory authority designated under this regulation. the national supervisory authority shall also act as notifying authority and market surveillance authority.


### 2. each member state shall designate a national supervisory authority among the national competent authorities. the national supervisory authority shall act as notifying authority and market surveillance authority unless a member state has organisational and administrative reasons to designate more than one authority. ### 2. each member state shall designate a national supervisory authority among the national competent authorities. the national supervisory authority shall act as notifying authority and market surveillance authority.


### 3. member states shall inform the commission of their designation or designations and , where applicable , the reasons for designating more than one authority. ### 3. the national supervisory authority in each member state shall be the lead authority , ensure adequate coordination and act as single point of contact for this regulation. member states shall inform the commission of their designations.


### 5. member states shall report to the commission on an annual basis on the status of the financial and human resources of the national competent authorities with an assessment of their adequacy. the commission shall transmit that information to the board for discussion and possible recommendations. ### 5. member states shall report to the commission on an annual basis on the status of the financial and human resources of the national supervisory authority with an assessment of their adequacy. the commission shall transmit that information to the board for discussion and possible recommendations.


### 6. the commission shall facilitate the exchange of experience between national competent authorities. ### 6. the commission and board shall facilitate the exchange of experience between national supervisory authorities.


### vii eu database for stand-alone high-risk ai systems ### deleted


### 1. the commission shall , in collaboration with the member states , set up and maintain a eu database containing information referred to in paragraph 2 concerning high-risk ai systems referred to in article 6(2) which are registered in accordance with article 51. ### 1. the commission shall , in collaboration with the member states and by building on the existing business registries in line with directive 2012/17/eu , set up and maintain a eu database containing information referred to in paragraph 2 concerning high-risk ai systems listed in annex iii which are registered in accordance with article 51.


### 2. the data listed in annex viii shall be entered into the eu database by the providers. the commission shall provide them with technical and administrative support. ### 2. the post-market monitoring system shall actively and systematically collect , document and analyse relevant data provided by users or collected through other sources , to the extent such data are readily accessible to the provider and taking into account the limits resulting from data protection , copyright and competition law , on the performance of high-risk ai systems throughout their lifetime , and allow the provider to evaluate the continuous compliance of ai systems with the requirements set out in title iii , chapter 2.


### 1. providers shall establish and document a post-market monitoring system in a manner that is proportionate to the nature of the artificial intelligence technologies and the risks of the high-risk ai system. ### 1. providers shall establish and document a post-market monitoring system in a manner that is proportionate to the the risks of the high-risk ai system.


### 2 sharing of information on incidents and malfunctioning ### 2 sharing of information on incidents


### reporting of serious incidents and of malfunctioning ### reporting of serious incidents


### 1. providers of high-risk ai systems placed on the union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under union law intended to protect fundamental rights to the market surveillance authorities of the member states where that incident or breach occurred. ### 1. providers of high-risk ai systems placed on the union market shall report any serious incident to the market surveillance authorities of the member states where that incident occurred.


### such notification shall be made immediately after the provider has established a causal link between the ai system and the incident or malfunctioning or the reasonable likelihood of such a link , and , in any event , not later than 15 days after the providers becomes aware of the serious incident or of the malfunctioning. ### such notification shall be made without undue delay after the provider has established a causal link between the ai system and the serious incident or the reasonable likelihood of such a link , and , in any event , not later than 72 hours after the providers becomes aware of the serious incident.


### 2. upon receiving a notification related to a breach of obligations under union law intended to protect fundamental rights , the market surveillance authority shall inform the national public authorities or bodies referred to in article 64(3). the commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1. that guidance shall be issued 12 months after the entry into force of this regulation , at the latest. ### 2. upon receiving a notification related to a serious incident referred to in article 3(44) , the relevant market surveillance authority shall inform the national public authorities or bodies referred to in article 64(3). the commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1. that guidance shall be issued 12 months after the entry into force of this regulation , at the latest.


### 3. for high-risk ai systems referred to in point 5(b) of annex iii which are placed on the market or put into service by providers that are credit institutions regulated by directive 2013/36/eu and for high-risk ai systems which are safety components of devices , or are themselves devices , covered by regulation (eu) 2017/745 and regulation (eu) 2017/746 , the notification of serious incidents or malfunctioning shall be limited to those that that constitute a breach of obligations under union law intended to protect fundamental rights. ### 3. for high-risk ai systems referred to in point 5(b) of annex iii which are placed on the market or put into service by providers that are subject to regulations that require solutions equivalent to those set out in this regulation , the notification of serious incidents shall be limited to those referred to in article 3(44).


### 4. by 3 months after the entering into force of this regulation , each member state shall identify the public authorities or bodies referred to in paragraph 3 and make a list publicly available on the website of the national supervisory authority. member states shall notify the list to the commission and all other member states and keep the list up to date. ### 4. by 3 months after the entering into force of this regulation , each member state shall identify the public authorities or bodies referred to in paragraph 3 and make a list publicly available on the website of the national supervisory authority. member states shall notify the list to the commission and all other member states and keep the list up to date. the european commission shall publish in a dedicated website the list of all the competent authorities designated by the member states in accordance with this article.


### 6. any information and documentation obtained by the national public authorities or bodies referred to in paragraph 3 pursuant to the provisions of this article shall be treated in compliance with the confidentiality obligations set out in article 70. ### 6. any information and documentation obtained by the market surveillance authorities or the national public authorities or bodies referred to in paragraph 1 , 2 and 3 pursuant to the provisions of this article shall be treated in compliance with the confidentiality obligations set out in article 70.


### (31) the classification of an ai system as high-risk pursuant to this regulation should not necessarily mean that the product whose safety component is the ai system , or the ai system itself as a product , is considered ‘high-risk’ under the criteria established in the relevant union harmonisation legislation that applies to the product. this is notably the case for regulation (eu) 2017/745 of the european parliament and of the council47 and regulation (eu) 2017/746 of the european parliament and of the council48 , where a third-party conformity assessment is provided for medium-risk and high-risk products. ### (31) the classification of an ai system as high-risk pursuant to this regulation should not , unless duly justified , mean that the product whose safety component is the ai system , or the ai system itself as a product , is considered ‘high-risk’ under the criteria established in the relevant union harmonisation legislation that applies to the product. this is notably the case for regulation (eu) 2017/745 of the european parliament and of the council47 and regulation (eu) 2017/746 of the european parliament and of the council48 , where a third-party conformity assessment is provided for medium-risk and high-risk products. to ensure consistency and legal clarity , where the provided risk-based system already takes into account potential associated risks , ai components should continue to be assessed as part of the overall device.


### (ii) public safety and public health , including disease prevention , control and treatment; ### (ii) public safety and public health , including disease detection , diagnosis , prevention , control and treatment;


### 3. detailed information about the monitoring , functioning and control of the ai system , in particular with regard to: its capabilities and limitations in performance , including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to health and safety , fundamental rights and discrimination in view of the intended purpose of the ai system; the human oversight measures needed in accordance with article 14 , including the technical measures put in place to facilitate the interpretation of the outputs of ai systems by the users; specifications on input data , as appropriate; ### 3. detailed information and fully accessible about the monitoring , functioning and control of the ai system , in particular with regard to: its capabilities and limitations in performance , including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to health and safety , fundamental rights and discrimination in view of the intended purpose of the ai system; the human oversight measures needed in accordance with article 14 , including the technical measures put in place to facilitate the interpretation of the outputs of ai systems by the users; specifications on input data , as appropriate;


### 3. detailed information about the monitoring , functioning and control of the ai system , in particular with regard to: its capabilities and limitations in performance , including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to health and safety , fundamental rights and discrimination in view of the intended purpose of the ai system; the human oversight measures needed in accordance with article 14 , including the technical measures put in place to facilitate the interpretation of the outputs of ai systems by the users; specifications on input data , as appropriate; ### 3. detailed information about the monitoring , functioning and control of the ai system , in particular with regard to: its capabilities and limitations in performance , including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to the environment , health and safety , fundamental rights and discrimination in view of the intended purpose of the ai system; the human oversight measures needed in accordance with article 14 , including the technical measures put in place to facilitate the interpretation of the outputs of ai systems by the users; specifications on input data , as appropriate;


### (58) given the nature of ai systems and the risks to safety and fundamental rights possibly associated with their use , including as regard the need to ensure proper monitoring of the performance of an ai system in a real-life setting , it is appropriate to set specific responsibilities for users. users should in particular use high-risk ai systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the ai systems and with regard to record-keeping , as appropriate. ### (58) given the nature of ai systems and the risks to safety and fundamental rights possibly associated with their use , including as regards the need to ensure proper monitoring of the performance of an ai system in a real-life setting , it is appropriate to set specific responsibilities as regards clarity and accessibility for users. users should in particular use high-risk ai systems in accordance with the accessible and clear instructions of use and certain other obligations should be provided for and communicated with regard to monitoring of the functioning of the ai systems and with regard to record-keeping , as appropriate.


### 1. providers of high-risk ai systems shall put a quality management system in place that ensures compliance with this regulation. that system shall be documented in a systematic and orderly manner in the form of written policies , procedures and instructions , and shall include at least the following aspects: ### 1. providers and users of high-risk ai systems shall put a quality management system in place that ensures compliance with this regulation and corresponding obligations. that system shall be documented in a systematic and orderly manner in the form of written policies , procedures and instructions , and shall include at least the following aspects:


### 2. the implementation of aspects referred to in paragraph 1 shall be proportionate to the size of the provider’s organisation. ### 2. the implementation of aspects referred to in paragraph 1 shall be proportionate to the size of the provider’s and user’s organisation.


### before placing on the market or putting into service a high-risk ai system referred to in article 6(2) , the provider or , where applicable , the authorised representative shall register that system in the eu database referred to in article 60. ### 1. before placing on the market or putting into service a high-risk ai system referred to in article 6(2) , the provider or , where applicable , the authorised representative shall register that system in the eu database referred to in article 60.


### (4) digitalisation is changing the world of work , improving productivity and enhancing flexibility , while also carrying some risks for employment and working conditions. algorithm-based technologies , including automated monitoring and decision-making systems , have enabled the emergence and growth of digital labour platforms. ### (4) digitalisation is changing the world of work , improving productivity and enhancing flexibility , while also carrying some risks for employment and working conditions. algorithm-based technologies , including automated monitoring and decision-making systems , have enabled the emergence and growth of digital labour platforms and have created economic opportunity for hundreds of thousands of eu citizens and businesses while offering choice and value to consumers in the eu. furthermore , in the field of transport , drivers' ability to work for different platforms in parallel is a key enabler to reduce emissions , congestions and waiting times , while increasing drivers’ revenues. ride-hailing , ride-sharing , car-sharing , car-pooling and freight-sharing services complement public transport , reduce the reliability on private cars and increase inclusivity.


### (6) platform work can provide opportunities for accessing the labour market more easily , gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. at the same time , platform work brings challenges , as it can blur the boundaries between employment relationship and self-employed activity , and the responsibilities of employers and workers. misclassification of the employment status has consequences for the persons affected , as it is likely to restrict access to existing labour and social rights. it also leads to an uneven playing field with respect to businesses that classify their workers correctly , and it has implications for member states’ industrial relations systems , their tax base and the coverage and sustainability of their social protection systems. while such challenges are broader than platform work , they are particularly acute and pressing in the platform economy. ### (6) platform work can provide opportunities for accessing the labour market more easily , in particular for more marginalised groups , gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. at the same time , platform work brings challenges , as it can blur the boundaries between employment relationship and self-employed activity , and the responsibilities of employers and workers. misclassification of the employment status has consequences for the persons affected , as it is likely to restrict access to existing labour and social rights. it also leads to an uneven playing field with respect to businesses that classify their workers correctly , and it has implications for member states’ industrial relations systems , their tax base and the coverage and sustainability of their social protection systems. while such challenges are broader than platform work , they are particularly acute and pressing in the platform economy.


### (25) criteria indicating that a digital labour platform controls the performance of work should be included in the directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. those criteria should be inspired by union and national case law and take into account national concepts of the employment relationship. the criteria should include concrete elements showing that the digital labour platform , for instance , determines in practice and not merely recommends the working conditions or the remuneration or both , gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. in order for it to be effective in practice , two criteria should be always fulfilled to trigger the application of the presumption ,. at the same time , the criteria should not cover situations where the persons performing platform work are genuine self-employed. genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. the freedom to choose working hours or periods of absence , to refuse tasks , to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. therefore , de facto restricting such discretions by a number of conditions or through a system of sanctions , should also be considered as an element of controlling the performance of work. closely supervising the performance of work or thoroughly verifying the quality of the results of that work , including through electronic means , which does not merely consist in using reviews or ratings by the recipients of the service , should also be considered as an element of controlling the performance of work. at the same time , digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work. ### (25) criteria indicating that a digital labour platform controls the performance of work should be included in the directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. those criteria should be inspired by union and national case law and take into account national concepts of the employment relationship. the criteria should include concrete elements showing that the digital labour platform , for instance , determines in practice and not merely recommends the working conditions or the remuneration or both , gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. in order for it to be effective in practice and avoid legal uncertainty , a majority of the criteria should be always fulfilled to trigger the application of the presumption. at the same time , the criteria should not cover situations where the persons performing platform work are genuine self-employed. genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. the freedom to choose working hours or periods of absence , to refuse tasks , to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. therefore , de facto restricting such discretions by a number of conditions or through a system of sanctions , should also be considered as an element of controlling the performance of work. closely supervising the performance of work or thoroughly verifying the quality of the results of that work , including through electronic means , which does not merely consist in using reviews or ratings by the recipients of the service , should also be considered as an element of controlling the performance of work. at the same time , digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. measures or rules which are required by applicable local law or regulations , or collective bargaining agreements , to safeguard the health and safety of the recipients of the service , to provide satisfactory consumer service , to prevent fraud at the expense of consumers or platform workers , to reach goals related to low and zero emission mobility , should not be understood as controlling the performance of work.


### (28) the relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law , collective agreements or practice in force of the respective member state with consideration to the case-law of the court of justice , even though the digital labour platform controls the performance of work on a given aspect. member states should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving , on the basis of the aforementioned definition , that the relationship in question is not an employment relationship. the shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship , in particular the algorithms through which they manage their operations. legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. a successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. when the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption , the digital labour platform should be required to assist that person , notably by providing all relevant information held by the platform in respect of that person. member states should provide the necessary guidance for procedures to rebut the legal presumption. ### (28) the relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law , collective agreements or practice in force of the respective member state with consideration to the case-law of the court of justice , even though the digital labour platform controls the performance of work on a given aspect. member states should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving , on the basis of the aforementioned definition , that the relationship in question is not an employment relationship. the shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship , in particular the algorithms through which they manage their operations. legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should have a suspensive effect on the application of the legal presumption in order to avoid the triggering and subsequent rebuttal in cases of genuine self-employment. a successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. when the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption , the digital labour platform should be required to assist that person , notably by providing all relevant information held by the platform in respect of that person. member states should provide the necessary guidance for procedures to rebut the legal presumption.


### 1. the purpose of this directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status , by promoting transparency , fairness and accountability in algorithmic management in platform work and by improving transparency in platform work , including in cross-border situations , while supporting the conditions for the sustainable growth of digital labour platforms in the union. ### 1. the purpose of this directive is to improve the working conditions of platform workers (i) by ensuring correct determination of employment status of dependent contractors , (ii) by promoting transparency , fairness and accountability in algorithmic management in platform work and (iii) by improving transparency in platform work , including in cross-border situations , while supporting the conditions for the sustainable growth of digital labour platforms in the union.


### 2. this directive lays down minimum rights that apply to every person performing platform work in the union who has , or who based on an assessment of facts may be deemed to have , an employment contract or employment relationship as defined by the law , collective agreements or practice in force in the member states with consideration to the case-law of the court of justice. ### 2. this directive lays down minimum rights that apply to every person performing platform work in the union who has , or who based on an assessment of facts on a case by case basis , may be deemed to have , an employment contract or employment relationship as defined by the law , collective agreements or practice in force in the member states with consideration to the case-law of the court of justice.


### (2) ‘platform work’ means any work organised through a digital labour platform and performed in the union by an individual on the basis of a contractual relationship between the digital labour platform and the individual , irrespective of whether a contractual relationship exists between the individual and the recipient of the service; ### (2) ‘platform work’ means any work organised through a digital labour platform and performed in the union by an individual on the basis of a direct contractual relationship between the digital labour platform and the individual , irrespective of whether a contractual relationship exists between the individual and the recipient of the service;


### (3) ‘person performing platform work’ means any individual performing platform work , irrespective of the contractual designation of the relationship between that individual and the digital labour platform by the parties involved; ### (3) ‘self-employed platform worker’ means any individual performing platform work , irrespective of the contractual designation of the relationship between that individual and the digital labour platform by the parties involved;


### (4) ‘platform worker’ means any person performing platform work who has an employment contract or employment relationship as defined by the law , collective agreements or practice in force in the member states with consideration to the case-law of the court of justice; ### (4) ‘employed platform worker’ means any person performing platform work who has an employment contract or employment relationship as defined by the law , collective agreements or practice in force in the member states with consideration to the case-law of the court of justice;


### 1. member states shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work , with a view to ascertaining the existence of an employment relationship as defined by the law , collective agreements or practice in force in the member states with consideration to the case-law of the court of justice , and ensuring that they enjoy the rights deriving from union law applicable to workers. ### 1. in the event in which such procedures are not already in place , member states shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work , with a view to ascertaining the existence of an employment relationship as defined by the law , collective agreements or practice in force in the member states with consideration to the case-law of the court of justice when and where applicable , and ensuring that they enjoy the rights deriving from union law applicable to workers.


### 2. the determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work , taking into account the use of algorithms in the organisation of platform work , irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. where the existence of an employment relationship is established based on facts , the party assuming the obligations of the employer shall be clearly identified in accordance with national legal systems. ### 2. the determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work by the individual in question , on a case by case basis , taking into account the use of algorithms in the organisation of platform work , irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. where the existence of an employment relationship is established based on facts , the party assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.


### 1. the contractual relationship between a digital labour platform that controls , within the meaning of paragraph 2 , the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. to that effect , member states shall establish a framework of measures , in accordance with their national legal and judicial systems. ### 1. the contractual relationship between a digital labour platform that controls , within the meaning of paragraph 2 , the performance of work and a person performing platform work beyond what commercial relationships require through that platform may be legally presumed to be an employment relationship. to that effect , member states shall establish a framework of measures , in accordance with their national legal and judicial systems.


### 2. controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two of the following: ### 2. controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling the majority of the following:


### effectively determining , or setting upper limits for the level of remuneration; ### de facto determining , or setting the total level of remuneration , beyond what is required by law;


### supervising the performance of work or verifying the quality of the results of the work including by electronic means; ### closely supervising the performance of work or verifying the quality of the results of the work including by electronic means;


### effectively restricting the freedom , including through sanctions , to organise one’s work , in particular the discretion to choose one’s working hours or periods of absence , to accept or to refuse tasks or to use subcontractors or substitutes; ### de facto restricting the freedom , including through sanctions , to organise one’s work , in particular the discretion to choose one’s working hours or periods of absence , to accept or to refuse tasks or to use subcontractors or substitutes;


### effectively restricting the possibility to build a client base or to perform work for any third party. ### de facto restricting the possibility to build a client base or to perform work for any third party.


### 3. member states shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups , avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. in particular they shall: ### 3. member states shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on entrepreneurs and start-ups , avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. in particular they shall:


### develop guidance for digital labour platforms , persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with article 5; ### develop precise recommendations providing guidance for digital labour platforms , persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with article 5;


### develop guidance for enforcement authorities to proactively target and pursue non-compliant digital labour platforms; ### develop guidance for enforcement authorities to pursue non-compliant digital labour platforms following a related administrative or legal decision;


### member states shall ensure the possibility for any of the parties to rebut the legal presumption referred to in article 4 in legal or administrative proceedings or both. ### member states shall ensure the possibility for any of the parties to rebut the legal presumption referred to in article 4 in legal or administrative proceedings or both. member states shall also ensure that before the presumption can be applied , each party will have the opportunity to present evidence and arguments.


### where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law , collective agreements or practice in force in the member state in question , with consideration to the case-law of the court of justice , the burden of proof shall be on the digital labour platform. such proceedings shall not have suspensive effect on the application of the legal presumption. ### where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law , collective agreements or practice in force in the member state in question , with consideration to the case-law of the court of justice , the burden of proof shall be on the digital labour platform.


### where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law , collective agreements or practice in force in the member state in question , with consideration to the case-law of the court of justice , the digital labour platform shall be required to assist the proper resolution of the proceedings , notably by providing all relevant information held by it. ### where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law , collective agreements or practice in force in the member state in question , with consideration to the case-law of the court of justice , the digital labour platform shall be required to assist the proper resolution of the proceedings , notably by providing all relevant information held by it. such proceedings shall be held before the respective national authority under the relevant national procedure , especially in case a legal presumption and/or procedure for granting employment status on national level already exists.


### member states shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other , and to be contacted by representatives of persons performing platform work , through the digital labour platforms’ digital infrastructure or similarly effective means , while complying with the obligations under regulation (eu) 2016/679. member states shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications. ### member states shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other , and to be contacted by representatives of persons performing platform work , through the digital labour platforms’ digital infrastructure , high-speed wireless and fixed connectivity or similarly effective means is essential for the further development of digitalised transport services , while complying with the obligations under regulation (eu) 2016/679. member states shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.


### (1) directive 2010/31/eu of the european parliament and of the council27 has been substantially amended several times28 . since further amendments are to be made , that directive should be recast in the interests of clarity. ### (1) directive 2010/31/eu of the european parliament and of the council27 has been substantially amended several times28. since its initial adoption further amendments are to be made , that directive should be recast in the interests of clarity.


### (2) under the paris agreement , adopted in december 2015 under the united nations framework convention on climate change (unfccc) , its parties have agreed to hold the increase in the global average temperature well below 2°c above pre-industrial levels and to pursue efforts to limit the temperature increase to 1 ,5 °c above pre-industrial levels. reaching the objectives of the paris agreement is at the core of the commission communication on “the european green deal” of 11 december 201929 . the union committed itself to reduce the union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the unfccc secretariat on 17 december 2020. ### (2) under the paris agreement , adopted in december 2015 under the united nations framework convention on climate change (unfccc) , its parties have agreed to hold the increase in the global average temperature well below 2°c above pre-industrial levels and to pursue efforts to limit the temperature increase to 1 ,5 °c above pre-industrial levels. reaching the objectives of the paris agreement is at the core of the commission communication on “the european green deal” of 11 december 201929 . the union committed itself to reduce the union’s wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the unfccc secretariat on 17 december 2020.


### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions . therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply and technological developments and in creating opportunities for employment and regional development , in particular in islands and rural areas. ### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions . therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 and the use of energy from renewable and low carbon sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply and technological developments and in creating opportunities for employment and jobs creation and regional development , in particular in islands , outermost regions and rural areas.


### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions . therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply and technological developments and in creating opportunities for employment and regional development , in particular in islands and rural areas. ### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions. therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council , the commission recommendation and guidelines on energy efficiency first (c(2021) 7014 final) , and the use of energy from renewable sources in the buildings sector as part of an integrated systems’ approach to energy; stresses that energy efficiency and renewable energy use must be maximised across the entire energy value chain , across electricity , heat and gas , rather than just at individual building level , constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply , integrating the energy system , contributing to system efficiency , fostering technological developments and in creating opportunities for employment , job creation and regional development , in particular in islands , outermost regions and rural areas.


### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions . therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply and technological developments and in creating opportunities for employment and regional development , in particular in islands and rural areas. ### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions. therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3[revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 including the use of energy from low carbon and renewable sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions and the extent of energy poverty. reduced energy consumption and an increased use of energy from low carbon and renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supplies , cost efficiency of heating and cooling of buildings and technological developments and in creating opportunities for employment and regional development , in particular in islands , rural areas and off grid communities.


### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions . therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply and technological developments and in creating opportunities for employment and regional development , in particular in islands and rural areas. ### (6) buildings account for 40 % of final energy consumption in the union and 36% of its energy-related greenhouse gas emissions . therefore , reduction of energy consumption , in line with the energy efficiency first principle as laid down in article 3 [revised eed] and defined in article 2(18) of regulation (eu) 2018/1999 of the european parliament and of the council32 and the use of energy from renewable and low carbon sources in the buildings sector constitute important measures needed to reduce the union’s greenhouse gas emissions. reduced energy consumption and an increased use of clean energy also have an important part to play in reducing the union’s energy dependency , promoting security of energy supply and technological developments and in creating opportunities for employment and regional development , in particular in islands and rural areas.


### (11) measures to improve further the energy performance of buildings should take into account climatic conditions , including adaptation to climate change , local conditions as well as indoor climate environment and cost-effectiveness. those measures should not affect other requirements concerning buildings such as accessibility , fire safety and seismic safety and the intended use of the building. ### (11) measures to improve further the energy performance of buildings should take into account different climatic conditions , including adaptation to climate change , local conditions as well as indoor climate environment and cost-effectiveness. those measures should not affect other requirements concerning buildings such as accessibility , fire safety and seismic safety and the intended use of the building.


### (11) measures to improve further the energy performance of buildings should take into account climatic conditions , including adaptation to climate change , local conditions as well as indoor climate environment and cost-effectiveness. those measures should not affect other requirements concerning buildings such as accessibility , fire safety and seismic safety and the intended use of the building. ### (11) measures to improve further the energy performance of buildings should take into account climatic conditions , including adaptation to climate change , local conditions as well as indoor climate environment , cost-effectiveness and energy savings. those measures should not affect other requirements concerning buildings such as accessibility , fire safety and seismic safety and the intended use of the building.


### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology. ### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national , regional and local level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable and low carbon sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology.


### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology. ### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology. efforts to improve the energy performance of buildings should respect their architectural quality , including the contribution this makes to people's quality of life. for these reasons , european citizens should be given access to the solution or product that is consistent with the urban regulations designed to protect the aesthetics of buildings or high-quality architecture , provided they are included in the ecodesign schemes provided for by regulation no 206/2012 of 6 march 2012 and directive 2009/125/ec , and be allowed to assess the energy efficiency of the different solutions that meet the requirements set in these regulations.


### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology. ### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , hydronic balancing , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology taking into account current and future grid capacity.


### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology. ### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional and local level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from low carbon and renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology.


### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology. ### (12) the energy performance of buildings should be calculated on the basis of a methodology , which may be differentiated at national and regional level. that includes , in addition to thermal characteristics , other factors that play an increasingly important role such as heating and air-conditioning installations , application of energy from renewable and low carbon sources , building automation and control systems , smart solutions , passive heating and cooling elements , shading , indoor air-quality , adequate natural light and design of the building. the methodology for calculating energy performance should be based not only on the season in which heating or air-conditioning is required , but should cover the annual energy performance of a building. that methodology should take into account existing european standards. the methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability , and the methodology should be based on hourly or sub-hourly time-steps. in order to encourage the use of renewable energy on-site , and in addition to the common general framework , member states should take the necessary measures so that the benefits of maximising the use of renewable energy on-site , including for other-uses (such as electric vehicle charging points) , are recognised and accounted for in the calculation methodology.


### (19) the enhanced climate and energy ambition of the union requires a new vision for buildings: the zero-emission building , the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. all new buildings should be zero-emission buildings , and all existing buildings should be transformed into zero-emission buildings by 2050. ### (19) the enhanced climate and energy ambition of the union requires a new vision for buildings: the zero-emission building , the very low energy demand of which is fully covered by energy from renewable sources where technically , geographically feasible and taking into consideration the different climate conditions. all new buildings should be zero-emission buildings , and all existing buildings should be transformed into zero-emission buildings by 2050.


### (20) different options are available to cover the energy needs of an efficient building by energy from renewable sources: on-site renewables such as solar thermal , solar photovoltaics , heat pumps and biomass , renewable energy provided by renewable energy communities or citizen energy communities , and district heating and cooling based on renewables or waste heat. ### (20) different options are available to cover the energy needs of an efficient building by energy from low carbon and renewable sources: on-site renewables such as solar thermal , geo thermal , solar photovoltaics , heat pumps and biomass , renewable energy provided by renewable energy communities or citizen energy communities , and district heating and cooling based on renewables or waste heat.


### (23) minimum energy performance standards set at union level should focus on the renovation of the buildings with the highest potential in terms of decarbonisation , energy poverty alleviation and extended social and economic benefits , in particular on the very worst-performing buildings , which need to be renovated as a priority. ### (23) minimum energy performance standards set at union level should focus on the renovation of the buildings with the highest potential in terms of decarbonisation , energy and transport poverty alleviation and extended social and economic benefits , in particular on the very worst-performing buildings , which need to be renovated as a priority.


### (24) as regards the rest of the national building stock , member states are free to decide whether they wish to introduce minimum energy performance standards , designed at national level and adapted to national conditions. when reviewing this directive , the commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050. ### (24) as regards the rest of the national building stock , member states are free to decide whether they wish to introduce minimum energy performance standards , designed at national level and adapted to national , regional and local conditions. when reviewing this directive , the commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.


### (36) electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system , namely through the provision of flexibility , balancing and storage services , especially through aggregation. this potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. charging in relation to buildings is particularly important , since this is where electric vehicles park regularly and for long periods of time. slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general. ### (36) electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system , namely through the provision of flexibility , balancing and storage services , especially through aggregation. this potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable and low carbon electricity should be fully exploited. charging in relation to buildings is particularly important , since this is where electric vehicles park regularly and for long periods of time. slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general.


### (37) combined with an increased share of renewable electricity production , electric vehicles produce fewer greenhouse gas emissions. electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures , alternative fuels , renewable energy and innovative solutions for the management of energy flexibility. building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. member states should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space. ### (37) combined with an increased share of renewable and low carbon electricity production , electric vehicles produce fewer greenhouse gas emissions. electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures , alternative fuels , renewable energy and innovative solutions for the management of energy flexibility. building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. member states should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.


### (40) promoting green mobility is a key part of the european green deal and buildings can play an important role in providing the necessary infrastructure , not only for recharging of electric vehicles but also for bicycles. a shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. as set out in the 2030 climate target plan , increasing the modal shares of clean and efficient private and public transport , such as cycling , will drastically lower pollution from transport and bring major benefits to individual citizens and communities. the lack of bike parking spaces is a major barrier to the uptake of cycling , both in residential and non-residential buildings. building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces. ### (40) promoting green mobility is a key part of the european green deal and buildings can play an important role in providing the necessary infrastructure , not only for recharging of electric vehicles but also for bicycles. a shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. as set out in the 2030 climate target plan , increasing the modal shares of clean and efficient private and public transport , such as cycling , will drastically lower pollution from transport and bring major benefits to individual citizens and communities. the lack of bike parking spaces might be a barrier to the uptake of cycling , both in residential and non-residential buildings. building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.


### (42) in order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of renewable energy in buildings and support investments in renovation , member states should ensure direct access to building systems’ data by interested parties. to avoid excessive administrative costs for third parties , member states shall facilitate the full interoperability of services and of the data exchange within the union. ### (42) in order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of renewable and low carbon energy in buildings and support investments in renovation , member states should ensure direct access to building systems’ data by interested parties. to avoid excessive administrative costs for third parties , member states shall facilitate the full interoperability of services and of the data exchange within the union.


### (48) inefficient buildings are often linked to energy poverty and social problems. vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products. by reducing excessive energy bills , building renovation can lift people out of energy poverty and also prevent it. at the same time , building renovation does not come for free , and it is essential to ensure that the social impact of the costs for building renovation , notably on vulnerable households , is kept in check. the renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households , and a fair transition towards climate neutrality should be ensured. therefore , financial incentives and other policy measures should as a priority target vulnerable households , people affected by energy poverty and people living in social housing , and member states should take measures to prevent evictions because of renovation. the commission proposal for a council recommendation on ensuring a fair transition towards climate neutrality provides a common framework and shared understanding of comprehensive policies and investments needed for ensuring that the transition is fair. ### (48) inefficient buildings are often linked to energy and transport poverty and social problems. vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products. by reducing excessive energy bills , building renovation can lift people out of energy and transport poverty and also prevent it. at the same time , building renovation does not come for free , and it is essential to ensure that the social impact of the costs for building renovation , notably on vulnerable households , is kept in check. the renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households , and a fair transition towards climate neutrality should be ensured. therefore , financial incentives and other policy measures should as a priority target vulnerable households , people affected by energy and transport poverty and people living in social housing , and member states should take measures to prevent evictions because of renovation. the commission proposal for a council recommendation on ensuring a fair transition towards climate neutrality provides a common framework and shared understanding of comprehensive policies and investments needed for ensuring that the transition is fair.


### (55) since local and regional authorities are critical for the successful implementation of this directive , they should be consulted and involved , as and when appropriate in accordance with applicable national legislation , on planning issues , the development of programmes to provide information , training and awareness-raising , and on the implementation of this directive at national or regional level. such consultations may also serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. furthermore , member states should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency , use of energy from renewable sources and use of district heating and cooling when planning , designing , building and renovating industrial or residential areas. ### (55) since local and regional authorities are critical for the successful implementation of this directive , they should be consulted and involved , as and when appropriate in accordance with applicable national legislation , on planning issues , the development of programmes to provide information , training and awareness-raising , and on the implementation of this directive at national or regional level. such consultations may also serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. furthermore , member states should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency , use of energy from renewable and low carbon sources and use of district heating and cooling when planning , designing , building and renovating industrial or residential areas.


### (56) installers and builders are critical for the successful implementation of this directive. therefore , an adequate number of installers and builders should , through training and other measures , have the appropriate level of competence for the installation and integration of the energy efficient and renewable energy technology required. ### (56) installers and builders are critical for the successful implementation of this directive. therefore , an adequate number of installers and builders should , through training and other measures , have the appropriate level of competence for the installation and integration of the energy efficient , low carbon and renewable energy technology required.


### 1. this directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the union , with a view to achieving a zero-emission building stock by 2050 taking into account outdoor climatic and local conditions , as well as indoor climate requirements and cost-effectiveness. ### 1. this directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the union , with a view to achieving a zero-emission building stock by 2050 taking into account outdoor climatic and local conditions , as well as indoor climate requirements and cost-effectiveness , while respecting safety standards and technological neutrality.


### 2. ‘zero-emission building’ means a building with a very high energy performance , as determined in accordance with annex i , where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site , from a renewable energy community within the meaning of directive (eu) 2018/2001 [amended red] or from a district heating and cooling system , in accordance with the requirements set out in annex iii; ### 2. ‘zero-emission building’ means a building with a very high energy performance , as determined in accordance with annex i , where the very low amount of energy still required is fully covered by energy from renewable and low carbon sources;


### 3. ‘nearly zero-energy building’ means a building with a very high energy performance , as determined in accordance with annex i , which cannot be lower than the 2023 cost-optimal level reported by member states in accordance with article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources , including energy from renewable sources produced on-site or nearby; ### 3. ‘nearly zero-energy building’ means a building with a very high energy performance , as determined in accordance with annex i , which cannot be lower than the 2023 cost-optimal level reported by member states in accordance with article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable and low carbon sources , including energy from renewable sources produced on-site or nearby;


### 27. ‘vulnerable households’ means households in energy poverty or households , including lower middle-income ones , that are particularly exposed to high energy costs and lack the means to renovate the building they occupy; ### 27. ‘vulnerable households’ means households in energy and transport poverty or households , including lower middle-income ones who face or are at risk of facing a situation of significantly limited access to employment , including self-employment , and/or to education and training , and/or to a decent standard of living and essential services , implying low capacities to adapt to the consequences of the green transition and that are particularly exposed to high energy costs and lack the means to renovate the building they occupy;


### the roadmap referred to in point (b) shall include national targets for 2030 , 2040 and 2050 as regards the annual energy renovation rate , the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to article 9(1) , by 2040 and 2050 , in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence-based estimate of expected energy savings and wider benefits; and estimations for the contribution of the building renovation plan to achieving the member state's binding national target for greenhouse gas emissions pursuant to regulation (eu) .../… [revised effort sharing regulation] , the union’s energy efficiency targets in accordance with directive (eu) …/…. [recast eed] , the union’s renewable energy targets , including the indicative target for the share of energy from renewable sources in the building sector in accordance with directive (eu) 2018/2001 [amended red] , and the union’s 2030 climate target and 2050 climate neutrality goal in accordance with regulation (eu) 2021/1119. ### the roadmap referred to in point (b) shall include national targets for 2030 , 2040 and 2050 as regards the annual energy renovation rate , the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to article 9(1) , by 2040 and 2050 , in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence-based estimate of expected energy savings and wider benefits; and estimations for the contribution of the building renovation plan to achieving the member state's binding national target for greenhouse gas emissions pursuant to regulation (eu) .../… [revised effort sharing regulation] , the union’s energy efficiency targets in accordance with directive (eu) …/…. [recast eed] , the union’s renewable energy targets , including the indicative target for the share of energy from renewable and low carbon sources in the building sector in accordance with directive (eu) 2018/2001 [amended red] , and the union’s 2030 climate target and 2050 climate neutrality goal in accordance with regulation (eu) 2021/1119.


### 3. to support the development of its building renovation plan , each member state shall carry out a public consultation on its draft building renovation plan prior to submitting it to the commission. the public consultation shall involve in particular local and regional authorities and other socio-economic partners , including civil society and bodies working with vulnerable households. each member state shall annex a summary of the results of its public consultation to its draft building renovation plan . ### 3. to support the development of its building renovation plan , each member state shall involve regional and local authorities in drafting the plans to facilitate the inclusion of local actions plans or investments and they shall carry out a public consultation on its draft building renovation plan prior to submitting it to the commission. the public consultation shall involve in particular local and regional authorities and other socio-economic partners , including civil society and bodies working with vulnerable households and establish multi-level dialogues. each member state shall annex a summary of the results of its public consultation to its draft building renovation plan.


### those requirements shall take account of general indoor climate conditions , in order to avoid possible negative effects such as inadequate ventilation , as well as local conditions and the designated function and the age of the building. ### those requirements shall take account of general indoor climate conditions , in order to avoid possible negative effects such as inadequate ventilation , as well as local conditions , different climate conditions and the designated function and the age of the building.


### 2. member states may decide to adapt the requirements referred to in paragraph 1 to buildings officially protected as part of a designated environment or because of their special architectural or historical merit , in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance. ### 2. member states shall decide to adapt or not to set or apply the requirements referred to in paragraph 1 to buildings officially protected as part of a designated environment or because of their special architectural or historical merit , in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance.


### as of 1 january 2027 , new buildings occupied or owned by public authorities; and ### as of 1 january 2027 , new buildings occupied or owned by public authorities unless these buildings are residential buildings; and


### 3. the commission is empowered to adopt delegated acts in accordance with article 29 to supplement this directive in order to adapt annex iii to technological progress and innovation , to set adapted maximum energy performance thresholds in annex iii to renovated buildings and to adapt the maximum energy performance thresholds for zero-emission buildings. ### deleted


### 4. member states shall address , in relation to new buildings , the issues of healthy indoor climate conditions , adaptation to climate change , fire safety , risks related to intense seismic activity and accessibility for persons with disabilities. member states shall also address carbon removals associated to carbon storage in or on buildings. ### 4. member states shall address where technically and economically feasible , in relation to new buildings , the issues of healthy indoor climate conditions , adaptation to climate change , fire safety , risks related to intense seismic activity and accessibility for persons with disabilities. member states shall also address carbon removals associated to carbon storage in or on buildings.