### 2. the delegation of power referred to in article 4 , article 7(1) , article 11(3) , article 43(5) and (6) and article 48(5) shall be conferred on the commission for an indeterminate period of time from [entering into force of the regulation]. ### 2. the delegation of power referred to in article 4 , article 5a , article 7(1) , article 11(3) , article 43(5) and (6) , article 48(5) and article 52a shall be conferred on the commission for an indeterminate period of time from [entering into force of the regulation].


### 3. the delegation of power referred to in article 4 , article 7(1) , article 11(3) , article 43(5) and (6) and article 48(5) may be revoked at any time by the european parliament or by the council. a decision of revocation shall put an end to the delegation of power specified in that decision. it shall take effect the day following that of its publication in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in article 4 , article 5a , article 7(1) , article 11(3) , article 43(5) and (6) , article 48(5) and article 52a may be revoked at any time by a joint decision from the european parliament and the council.. a decision of revocation shall put an end to the delegation of power specified in that decision. it shall take effect the day following that of its publication in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 4. as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council. ### 4. in preparation of a delegated act , the commission shall notify it simultaneously to the european parliament and to the council.


### 5. any delegated act adopted pursuant to article 4 , article 7(1) , article 11(3) , article 43(5) and (6) and article 48(5) shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by three months at the initiative of the european parliament or of the council. ### 5. any delegated act adopted pursuant to article 4 , article 5a , article 7(1) , article 11(3) , article43(5) and (6) , article 48(5) and article 52a shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by three months at the initiative of the european parliament or of the council.


### 1. this regulation shall not apply to the ai systems which are components of the large-scale it systems established by the legal acts listed in annex ix that have been placed on the market or put into service before [12 months after the date of application of this regulation referred to in article 85(2)] , unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the ai system or ai systems concerned. ### 1. this regulation shall apply to the ai systems which are components of the large-scale it systems established by the legal acts listed in annex ix that have been placed on the market or put into service before [12 months after the date of application of this regulation referred to in article 85(2)] and the requirements laid down in this regulation shall be taken into account in the evaluation of each large-scale it systems established by the legal acts listed in annex ix.


### (42) to mitigate the risks from high-risk ai systems placed or otherwise put into service on the union market for users and affected persons , certain mandatory requirements should apply , taking into account the intended purpose of the use of the system and according to the risk management system to be established by the provider. ### (42) to mitigate the risks from high-risk ai systems placed or otherwise put into service on the union market for users and affected persons , certain mandatory requirements should apply , taking into account the intended purpose or reasonably foreseeable use of the system and according to the risk management system to be established by the provider.


### (42) to mitigate the risks from high-risk ai systems placed or otherwise put into service on the union market for users and affected persons , certain mandatory requirements should apply , taking into account the intended purpose of the use of the system and according to the risk management system to be established by the provider. ### (42) to mitigate the risks from high-risk ai systems placed or otherwise put into service on the union market for users and affected persons , certain mandatory requirements should apply , taking into account the foreseeable uses of the system and according to the risk management system to be established by the provider.


### (47) to address the opacity that may make certain ai systems incomprehensible to or too complex for natural persons , a certain degree of transparency should be required for high-risk ai systems. users should be able to interpret the system output and use it appropriately. high-risk ai systems should therefore be accompanied by relevant documentation and instructions of use and include concise and clear information , including in relation to possible risks to fundamental rights and discrimination , where appropriate. ### (47) to address the opacity that may make certain ai systems incomprehensible to or too complex for natural persons , a high level of transparency should be required for high-risk ai systems. users should be able to interpret the system output and use it appropriately. high-risk ai systems should therefore be accompanied by relevant documentation and instructions of use and include concise and clear information , including in relation to possible risks to fundamental rights and discrimination , where appropriate.


### (49) high-risk ai systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy , robustness and cybersecurity in accordance with the generally acknowledged state of the art. the level of accuracy and accuracy metrics should be communicated to the users. ### (49) high-risk ai systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy , robustness and cybersecurity in accordance with the generally acknowledged state of the art. the level of accuracy and accuracy metrics should be communicated in a clear , transparent , easily understandable and intelligible way to the users.


### estimation and evaluation of the risks that may emerge when the high-risk ai system is used in accordance with its intended purpose and under conditions of reasonably foreseeable misuse; ### estimation and evaluation of the risks that may emerge when the high-risk ai system is used in accordance with its intended purpose or reasonably foreseeable use and under conditions of reasonably foreseeable misuse;


### adoption of suitable risk management measures in accordance with the provisions of the following paragraphs. ### adoption of effective risk management measures in accordance with the provisions of the following paragraphs.


### (7) the notion of biometric data used in this regulation is in line with and should be interpreted consistently with the notion of biometric data as defined in article 4(14) of regulation (eu) 2016/679 of the european parliament and of the council35 , article 3(18) of regulation (eu) 2018/1725 of the european parliament and of the council36 and article 3(13) of directive (eu) 2016/680 of the european parliament and of the council37 . ### (7) the notion of biometric data used in this regulation is in line with and should be interpreted consistently with the notion of biometric data as defined in article 4(14) of regulation (eu) 2016/679 of the european parliament and of the council35 , article 3(18) of regulation (eu) 2018/1725 of the european parliament and of the council36 and article 3(13) of directive (eu) 2016/680 of the european parliament and of the council37 . an additional definition has been added for ‘biometrics-based data’ to cover physical , physiological or behavioural data that may not meet the criteria to be defined as biometric data (i.e. would not allow or confirm the unique identification of a natural person) but which may be used for purposes such as emotion recognition or biometric categorisation. the addition of this definition does not narrow the scope of , nor exclude anything from , the definition of biometric data , but rather provides for a comprehensive scope for additional forms of data which may be used for purposes such as biometric categorisation but which would not allow or confirm unique identification.


### (12) this regulation should also apply to union institutions , offices , bodies and agencies when acting as a provider or user of an ai system. ai systems exclusively developed or used for military purposes should be excluded from the scope of this regulation where that use falls under the exclusive remit of the common foreign and security policy regulated under title v of the treaty on the european union (teu). this regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in directive 2000/31/ec of the european parliament and of the council [as amended by the digital services act]. ### (12) this regulation should also apply to union institutions , offices , bodies and agencies when acting as a provider or user of an ai system. this regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in directive 2000/31/ec of the european parliament and of the council [as amended by the digital services act].


### they modify the intended purpose of a high-risk ai system already placed on the market or put into service; ### they modify the intended purpose or reasonably foreseeable use of a high-risk ai system already placed on the market or put into service;


### 2. the obligations in paragraph 1 are without prejudice to other user obligations under union or national law and to the user’s discretion in organising its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider. ### 2. the obligations in paragraph 1 are without prejudice to other user obligations under union or national law and to the user’s discretion in organising its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider.


### 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 in view of the intended purpose or reasonably foreseeable use 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. 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 national competent authorities and the provider or distributor and suspend the use of the system. they shall also inform the national competent authorities and the provider or distributor when they have identified any serious incident or any malfunctioning , including near misses , 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. 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. 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 national competent authorities , provider or distributor and suspend the use of the system. they shall also inform the national competent authorities , 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.


### 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. the logs shall be kept for a period that is appropriate in the light of the intended purpose or reasonably foreseeable use of the high-risk ai system and applicable legal obligations under union or national law.


### establishment of the european artificial intelligence board ### european artificial intelligence board


### 2. the board shall provide advice and assistance to the commission in order to: ### 2. the board shall provide advice and assistance to the commission and the national authorities in order to:


### 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 sub-groups as appropriate for the purpose of examining specific questions.


### when providing advice and assistance to the commission in the context of article 56(2) , the board shall in particular: ### when ensuring the consistent application of this regulation , the board shall in particular:


### issue opinions , recommendations or written contributions on matters related to the implementation of this regulation , in particular ### issue guidelines , opinions , recommendations or written contributions on matters related to the implementation of this regulation , in particular


### 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. 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. they shall ensure a high level of harmonisation in the application of this regulation. they shall put in place all of the resources needed to achieve this and shall strive for uniform application of this regulation in the union.


### 3. member states shall inform the commission of their designation or designations and , where applicable , the reasons for designating more than one authority. ### 3. member states shall inform the board and the commission of their designation or designations and , where applicable , the reasons for designating more than one authority.


### 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 board and 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.


### 8. when union institutions , agencies and bodies fall within the scope of this regulation , the european data protection supervisor shall act as the competent authority for their supervision. ### 8. the european data protection supervisor shall act as the competent authority for the supervision of union institutions , agencies and bodies.


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


### 60 eu database for stand-alone high-risk ai systems ### 60 eu database for stand-alone high-risk , general purpose and certain ai systems , uses thereof , and uses of ai systems by public authorities ai systems


### eu database for stand-alone high-risk ai systems ### eu database for stand-alone high-risk ai systems and certain ai systems , uses thereof , and uses of ai systems by public authorities


### 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 , set up and maintain a eu database containing information referred to in paragraph 2 concerning ai systems which are registered in accordance with article 51 and general purpose ai systems , in accordance with article xx:


### 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 , set up and regularly 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 , 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 , set up and maintain a eu database containing information referred to in paragraph 2 concerning:


### 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 commission shall provide providers and users entering data into the eu database with technical and administrative support.the following information should be included in the eu database:


### 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 data listed in annex viii shall be entered into the eu database by the providers and users. the commission shall provide them with technical and administrative support. the following information should be included in the eu database:


### 5. the commission shall be the controller of the eu database. it shall also ensure to providers adequate technical and administrative support. ### 5. the commission shall be the controller of the eu database. it shall also ensure to providers and users adequate technical and administrative support , in particular in relation to registrations according to paragraph 1(e).


### 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 nature of the artificial intelligence technologies , the use and the risks of the high-risk ai system.


### 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 and , where users have identified a serious incident or malfunctioning , including near misses , users of high-risk or general purpose systems which constitutes a breach of obligations under union law intended to protect fundamental rights , health and safety to the market surveillance authorities of the member states where that incident or breach occurred , and to the commission..


### 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 immediately when an ai system is involved in the incident or malfunctioning , including near misses , and , in any event , not later than 72 hours after the providers or , where applicable , the user becomes aware of the serious incident or of the malfunctioning.


### 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 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 7 days after the providers becomes aware of the serious incident or of the malfunctioning.


### 2. where the market surveillance authority of a member state has sufficient reasons to consider that an ai system presents a risk as referred to in paragraph 1 , they shall carry out an evaluation of the ai system concerned in respect of its compliance with all the requirements and obligations laid down in this regulation. when risks to the protection of fundamental rights are present , the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in article 64(3). the relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in article 64(3). ### 2. where the market surveillance authority of a member state has sufficient reasons to consider that an ai system presents a risk as referred to in paragraph 1 , they shall carry out an evaluation of the ai system concerned in respect of its compliance with all the requirements and obligations laid down in this regulation. when risks to the protection of fundamental rights are present , the market surveillance authority shall also inform the relevant national public authorities , board or bodies referred to in article 64(3). where there is sufficient reason to consider that that an ai system exploits the vulnerabilities of children or violates their rights intentionally or unintentionally , the market surveillance authority shall have the duty to investigate the design goals , data inputs , model selection , implementation and outcomes of the ai system and the burden of proof shall be on the operator or operators of that system to demonstrate compliance with the provisions of this regulation. the relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in article 64(3) , including by providing access to personnel , documents , internal communications , code , data samples and on platform testing as necessary.


### 2. where the market surveillance authority of a member state has sufficient reasons to consider that an ai system presents a risk as referred to in paragraph 1 , they shall carry out an evaluation of the ai system concerned in respect of its compliance with all the requirements and obligations laid down in this regulation. when risks to the protection of fundamental rights are present , the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in article 64(3). the relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in article 64(3). ### 2. where the market surveillance authority of a member state has sufficient reasons to consider that an ai system presents a risk as referred to in paragraph 1 , they shall carry out an evaluation of the ai system concerned in respect of its compliance with all the requirements and obligations laid down in this regulation. when risks to the protection of fundamental rights are present , the market surveillance authority shall also inform the board and the relevant national public authorities or bodies referred to in article 64(3). the relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in article 64(3).


### where , in the course of that evaluation , the market surveillance authority finds that the ai system does not comply with the requirements and obligations laid down in this regulation , it shall without delay require the relevant operator to take all appropriate corrective actions to bring the ai system into compliance , to withdraw the ai system from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as it may prescribe. ### where , in the course of its evaluation , the market surveillance authority finds that the ai system does not comply with the requirements and obligations laid down in this regulation , it shall without delay require the relevant operator to take all appropriate corrective actions to bring the ai system into compliance , to withdraw the ai system from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as it may prescribe. the corrective action can also be applied to ai systems in other products or services judged to be similar in their objectives , design or impact.


### providers of high-risk ai systems which consider or have reason to consider that a high-risk ai system which they have placed on the market or put into service is not in conformity with this regulation shall immediately take the necessary corrective actions to bring that system into conformity , to withdraw it or to recall it , as appropriate. they shall inform the distributors of the high-risk ai system in question and , where applicable , the authorised representative and importers accordingly. ### providers of high-risk ai systems which consider , have reason to consider or have been notified by a supervisory authority that a high-risk ai system which they have placed on the market or put into service is not in conformity with this regulation shall immediately take the necessary corrective actions to bring that system into conformity , to withdraw it or to recall it , as appropriate. they shall inform the distributors of the high-risk ai system in question and , where applicable , the authorised representative and importers accordingly.


### 2. for high-risk ai systems referred to in points 2 to 8 of annex iii , providers shall follow the conformity assessment procedure based on internal control as referred to in annex vi , which does not provide for the involvement of a notified body. for high-risk ai systems referred to in point 5(b) of annex iii , placed on the market or put into service by credit institutions regulated by directive 2013/36/eu , the conformity assessment shall be carried out as part of the procedure referred to in articles 97 to101 of that directive. ### 2. for high-risk ai systems , providers shall follow the conformity assessment procedure the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation , with the involvement of a notified body , referred to in annex vii. for high-risk ai systems referred to in point 5(b) of annex iii , placed on the market or put into service by credit institutions regulated by directive 2013/36/eu , the conformity assessment shall be carried out as part of the procedure referred to in articles 97 to101 of that directive.


### 2. for high-risk ai systems referred to in points 2 to 8 of annex iii , providers shall follow the conformity assessment procedure based on internal control as referred to in annex vi , which does not provide for the involvement of a notified body. for high-risk ai systems referred to in point 5(b) of annex iii , placed on the market or put into service by credit institutions regulated by directive 2013/36/eu , the conformity assessment shall be carried out as part of the procedure referred to in articles 97 to101 of that directive. ### 2. for high-risk ai systems referred to in point 5(b) of annex iii , placed on the market or put into service by credit institutions regulated by directive 2013/36/eu , the conformity assessment shall be carried out as part of the procedure referred to in articles 97 to101 of that directive.


### [...] ### deleted


### 1. this regulation shall not apply to the ai systems which are components of the large-scale it systems established by the legal acts listed in annex ix that have been placed on the market or put into service before [12 months after the date of application of this regulation referred to in article 85(2)] , unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the ai system or ai systems concerned. ### deleted


### ai systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in article 3(4) of directive (eu) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups; ### deleted


### ai systems intended to be used by competent public authorities as polygraphs and similar tools or to detect the emotional state of a natural person; ### deleted


### ai systems intended to be used by competent public authorities to assess a risk , including a security risk , a risk of irregular immigration , or a health risk , posed by a natural person who intends to enter or has entered into the territory of a member state; ### deleted


### ai systems intended to assist competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status. ### deleted


### conformity assessment procedure based on internal control ### deleted


### 11. electronic instructions for use; this information shall not be provided for high-risk ai systems in the areas of law enforcement and migration , asylum and border control management referred to in annex iii , points 1 , 6 and 7. ### deleted


### (65) in order to carry out third-party conformity assessment for ai systems intended to be used for the remote biometric identification of persons , notified bodies should be designated under this regulation by the national competent authorities , provided they are compliant with a set of requirements , notably on independence , competence and absence of conflicts of interests. ### (65) in order to carry out third-party conformity assessment for high-risk ai systems and those intended to be used for the remote biometric identification of persons , notified bodies should be designated under this regulation by the national competent authorities , provided they are compliant with a set of requirements , notably on independence , competence and absence of conflicts of interests.


### (72) the objectives of the regulatory sandboxes should be to foster ai innovation by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative ai systems with this regulation and other relevant union and member states legislation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities , emerging risks and the impacts of ai use , and to accelerate access to markets , including by removing barriers for small and medium enterprises (smes) and start-ups. to ensure uniform implementation across the union and economies of scale , it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. this regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain ai systems in the public interest within the ai regulatory sandbox , in line with article 6(4) of regulation (eu) 2016/679 , and article 6 of regulation (eu) 2018/1725 , and without prejudice to article 4(2) of directive (eu) 2016/680. participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities , including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. the conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under article 83(2) of regulation 2016/679 and article 57 of directive 2016/680. ### (72) the objectives of the regulatory sandboxes should be to foster ai innovation by establishing a strictly controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative ai systems with this regulation and other relevant union and member states legislation , as well as with the charter of fundamental rights of the european union and the general data protection regulation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities , emerging risks and the impacts of ai use , to provide safeguards needed to build trust and reliance on ai systems and to accelerate access to markets , including by removing barriers for the public sector , small and medium enterprises (smes) and start-ups; to contribute to the development of ethical , socially responsible and environmentally sustainable ai systems. to ensure uniform implementation across the union and economies of scale , it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. this regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain ai systems in the public interest within the ai regulatory sandbox , in line with article 6(4) of regulation (eu) 2016/679 , and article 6 of regulation (eu) 2018/1725 , and without prejudice to article 4(2) of directive (eu) 2016/680. participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities , including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. the conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under article 83(2) of regulation 2016/679 and article 57 of directive 2016/680.


### (77) member states hold a key role in the application and enforcement of this regulation. in this respect , each member state should designate one or more national competent authorities for the purpose of supervising the application and implementation of this regulation. in order to increase organisation efficiency on the side of member states and to set an official point of contact vis-à-vis the public and other counterparts at member state and union levels , in each member state one national authority should be designated as national supervisory authority. ### (77) member states hold a key role in the application and enforcement of this regulation. in this respect , each member state should designate one or more national competent authorities for the purpose of supervising the application and implementation of this regulation. in order to increase organisation efficiency on the side of member states and to set an official point of contact vis-à-vis the public and other counterparts at member state and union levels , in each member state the national data protection authority should be designated as national supervisory authority.


### (42) ‘national supervisory authority’ means the authority to which a member state assigns the responsibility for the implementation and application of this regulation , for coordinating the activities entrusted to that member state , for acting as the single contact point for the commission , and for representing the member state at the european artificial intelligence board; ### (42) ‘national supervisory authority’ means the authority to which a member state assigns the responsibility for the implementation and application of this regulation , for coordinating the activities entrusted to that member state , for acting as the single contact point for the commission , and for representing the member state at the european artificial intelligence board. that authority is the member state’s data protection authority;


### effective measures of redress in relation to the risks posed by an ai system , with the exclusion of claims for damages; ### effective measures of redress in relation to the risks posed by an ai system , including claims for material or non-material damages;


### effective measures of redress in relation to the risks posed by an ai system , with the exclusion of claims for damages; ### effective measures of redress , the availability of redress-by-design mechanisms and procedures in relation to the risks posed by an ai system , including claims for material and non-material damages;


### 1. providers of high-risk ai systems shall ensure that their systems undergo the relevant conformity assessment procedure in accordance with article 43 , prior to their placing on the market or putting into service. where the compliance of the ai systems with the requirements set out in chapter 2 of this title has been demonstrated following that conformity assessment , the providers shall draw up an eu declaration of conformity in accordance with article 48 and affix the ce marking of conformity in accordance with article 49. ### 1. providers of high-risk ai systems shall ensure that their systems undergo the relevant conformity assessment procedure in accordance with article 43 , prior to their placing on the market or putting into service. where the compliance of the ai systems with the requirements set out in chapter 2 of this title has been demonstrated following that conformity assessment , the providers shall draw up an eu declaration of conformity in accordance with article 48 and affix the ce marking of conformity in accordance with article 49. the conformity assessment must be published.


### 2. providers that are credit institutions regulated by directive 2013/36/eu shall maintain the logs automatically generated by their high-risk ai systems as part of the documentation under articles 74 of that directive. ### deleted


### users that are credit institutions regulated by directive 2013/36/eu shall maintain the logs as part of the documentation concerning internal governance arrangements , processes and mechanisms pursuant to article 74 of that directive. ### deleted


### 1. for high-risk ai systems listed in point 1 of annex iii , where , in demonstrating the compliance of a high-risk ai system with the requirements set out in chapter 2 of this title , the provider has applied harmonised standards referred to in article 40 , or , where applicable , common specifications referred to in article 41 , the provider shall follow one of the following procedures: ### 1. for high-risk ai systems listed in point 1 of annex iii , where , in demonstrating the compliance of a high-risk ai system with the requirements set out in chapter 2 of this title , the provider has applied harmonised standards referred to in article 40 , or , where applicable , common specifications referred to in article 41 , the provider shall follow the following procedure:


### the conformity assessment procedure based on internal control referred to in annex vi; ### deleted


### the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation , with the involvement of a notified body , referred to in annex vii. ### the conformity assessment procedure is based on assessment of the quality management system and assessment of the technical documentation , with the involvement of a notified body , referred to in annex vii.


### where the legal acts listed in annex ii , section a , enable the manufacturer of the product to opt out from a third-party conformity assessment , provided that that manufacturer has applied all harmonised standards covering all the relevant requirements , that manufacturer may make use of that option only if he has also applied harmonised standards or , where applicable , common specifications referred to in article 41 , covering the requirements set out in chapter 2 of this title. ### deleted


### 2. the authorisation referred to in paragraph 1 shall be issued only if the market surveillance authority concludes that the high-risk ai system complies with the requirements of chapter 2 of this title. the market surveillance authority shall inform the commission and the other member states of any authorisation issued pursuant to paragraph 1. ### 2. the authorisation referred to in paragraph 1 shall be issued only if the market surveillance authority concludes that the high-risk ai system complies with the requirements of chapter 2 of this title. the market surveillance authority shall inform the commission , the european data protection supervisor , the national data protection authorities as defined by article 51 of regulation (eu) 2016/679 and the other member states of any authorisation issued pursuant to paragraph 1.


### 3. where , within 15 calendar days of receipt of the information referred to in paragraph 2 , no objection has been raised by either a member state or the commission in respect of an authorisation issued by a market surveillance authority of a member state in accordance with paragraph 1 , that authorisation shall be deemed justified. ### 3. where , within 15 calendar days of receipt of the information referred to in paragraph 2 , no objection has been raised by either a member state or the commission , by the european data protection supervisor or by a national data protection authority as defined by article 51 of regulation (eu) 2016/679 in respect of an authorisation issued by a market surveillance authority of a member state in accordance with paragraph 1 , that authorisation shall be deemed justified.


### the provider shall , for a period ending 10 years after the ai system has been placed on the market or put into service , keep at the disposal of the national competent authorities: ### the provider shall , for an unlimited period after the ai system has been placed on the market or put into service , keep at the disposal of the national competent authorities:


### transparency obligations for certain ai systems ### transparency obligations for ai systems


### (69) in order to facilitate the work of the commission and the member states in the artificial intelligence field as well as to increase the transparency towards the public , providers of high-risk ai systems other than those related to products falling within the scope of relevant existing union harmonisation legislation , should be required to register their high-risk ai system in a eu database , to be established and managed by the commission. the commission should be the controller of that database , in accordance with regulation (eu) 2018/1725 of the european parliament and of the council55 . in order to ensure the full functionality of the database , when deployed , the procedure for setting the database should include the elaboration of functional specifications by the commission and an independent audit report. ### (69) in order to facilitate the work of the commission and the member states in the artificial intelligence field as well as to increase the transparency towards the public , providers and users of high-risk ai systems other than those related to products falling within the scope of relevant existing union harmonisation legislation , should be required to register their high-risk ai system in a eu database , to be established and managed by the commission. certain ai systems listed in article 52(1b) and (2) and uses thereof shall be registered in the eu database. in order to facilitate this , users shall request information listed in annex viii point 2(g) from providers of ai systems. any uses of ai systems by public authorities or on their behalf shall also be registered in the eu database. in order to facilitate this , public authorities shall request information listed in annex viii point 3(g) from providers of ai systems. the commission should be the controller of that database , in accordance with regulation (eu) 2018/1725 of the european parliament and of the council55 . in order to ensure the full functionality of the database , when deployed , the procedure for setting the database should include the elaboration of functional specifications by the commission and an independent audit report. in order to maximise the availability and use of the database by the public , the database , including the information made available through it , should comply with requirements under the european accessibility act.


### 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 an ai system referred to in the following paragraphs the provider or , where applicable , the authorised representative shall register that system in the eu database referred to in article 60.


### information to be submitted upon the registration of high-risk ai systems in accordance with article 51 ### deleted


### information to be submitted upon the registration of high-risk ai systems in accordance with article 51 ### information to be submitted upon the registration of high-risk ai systems , uses thereof , and uses of ai systems by public authorities in accordance with article 51


### the following information shall be provided and thereafter kept up to date with regard to high-risk ai systems to be registered in accordance with article 51. ### 1 the following information shall be provided and thereafter kept up to date by the provider with regard to high-risk ai systems referred to in article 6(2)and to any ai system referred to in article 52 1(b) and (2) to be registered in accordance with article 51 (1):


### (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 , enhancing flexibility (whether desired or imposed) , while also carrying risks for employment and working conditions , for the health and safety of workers and for the protection of the fundamental right to privacy , tax law , and labour law in general. algorithm-based technologies , including automated monitoring and decision-making systems , have enabled the emergence and growth of digital labour platforms. however , the architecture or design of the business model of digital labour platforms , particularly in the area of transport , has adverse consequences for workers and is often responsible for bad working conditions , the circumvention of labour law , greater insecurity , and the endangering and exploitation of workers.


### (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 , gaining additional income through a secondary activity or enjoying relative flexibility in the organisation of working time. at the same time , platform work brings challenges , as digital platforms do not comply with european or national legislation and force their workers to work fraudulently as self-employed workers , circumventing labour law , seeking to blur the boundaries of the employment relationship and enabling employers to avoid their responsibilities to workers. misclassification of the employment status has serious consequences for the persons affected , as it restricts access to existing labour and social rights. it also has consequences for all workers , since work via a platform in its current form leads to the unravelling , in the long term , of all the social protections and labour law and downgrades them. it also leads to the exploitation of workers , social dumping , 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 , especially for those working in the transport sector. this is partly because the platforms circumvent labour law and tax law , and therefore benefit from unfair and illegally advantageous conditions compared with traditional businesses that comply with the law. in addition , the fact that the platforms do not comply with the regulations in force that are specific to their area of business , particularly in the passenger transport sector , also constitutes unfair competition. in addition , transport jobs are often strenuous occupations , and the demanding nature of the work is made greater by misclassification , the absence of predictable and transparent rules , and the absence of independent dialogue between the platforms and the trade unions on labour matters.


### (23) ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection , accident insurance or other forms of insurance , training measures or similar benefits to self-employed persons working through that platform , those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship. ### (23) ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. furthermore , workers are either employees or self-employed. the creation of a third status , which would be detrimental to transport workers , enabling the digital platform to benefit from the advantages of employer status without assuming the corresponding obligations , is in no way relevant and should under no circumstances be opened up as a possibility by this directive.


### (24) when digital labour platforms control certain elements of the performance of work , they act like employers in an employment relationship. direction and control , or legal subordination , is an essential element of the definition of an employment relationship in the member states and in the case-law of the court of justice. therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed , by virtue of a legal presumption , to be an employment relationship between the platform and the person performing platform work through it. as a result , that person should be classified as a worker having all the rights and obligations in accordance with that status , as laid down in national and union law , collective agreements and practice. the legal presumption should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. authorities in charge of verifying the compliance with or enforcing relevant legislation , such as labour inspectorates , social protection bodies or tax authorities , should also be able to rely on that presumption. member states should put in place a national framework to reduce litigation and increase legal certainty. ### (24) when digital labour platforms control certain elements of the performance of work , they act like employers in an employment relationship , since that is an indication that the activity performed by the worker is an integral part of the activity of the platform. legal subordination is an essential element of the definition of an employment relationship in the member states and in the case-law of the court of justice. therefore contractual relationships in which digital labour platforms control or supervise the performance of work should be deemed , by virtue of a legal presumption , to be an employment relationship between the platform and the person performing platform work through it. as a result , that person is a worker having all the rights and obligations in accordance with that status , as laid down in national and union law and collective agreements. the legal presumption of employee status should be generally applicable and should benefit all persons performing platform work.


### (42) information on the number of persons performing platform work through digital labour platforms on a regular basis , their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates , social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details , such as basic data on working conditions regarding working time and remuneration. ### (42) platforms that are active in the transport , delivery or logistics sectors are companies like any other and must comply with the regulations and collective agreements in force in the relevant sectors. information on the number of persons performing platform work through digital labour platforms on a regular basis , their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates , social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details , such as basic data on working conditions regarding working time and remuneration. digital labour platforms must be included in the public register of companies , and the relevant information must be included for all digital labour platforms operating in the country , in order to ensure fair competition between them. this information should include , among other elements , information on the number of workers and the company’s status and turnover.


### 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 persons performing platform work by ensuring correct determination of their employment status in order to guarantee their rights , 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.


### 3. this directive applies to digital labour platforms organising platform work performed in the union , irrespective of their place of establishment and irrespective of the law otherwise applicable. ### 3. this directive applies to digital labour platforms organising platform work performed in the union , irrespective of the place of establishment of the company or the client. the digital labour platform must comply with the legislation applicable in the country where the service is provided in order to guarantee equal treatment for workers and companies.


### 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 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 classifying workers performing platform work as employees with permanent employment contracts1a , 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 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 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.


### the legal presumption shall apply in all relevant administrative and legal proceedings. competent authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption. ### the legal presumption shall apply as soon as this directive enters into force. the competent authorities and bodies registering administrative procedures that verify compliance with or enforce relevant legislation must provide grounds for that presumption.


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


### effectively determining , or setting upper limits for the level of remuneration; ### deleted


### requiring the person performing platform work to respect specific binding rules with regard to appearance , conduct towards the recipient of the service or performance of the work; ### deleted


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


### 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; ### deleted


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


### 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. 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 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. 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 guidance for digital labour platforms , for their workers , trade unions and organisations representing employers , to understand and implement the legal presumption including on the procedures for rebutting it in accordance with article 5;


### 4. with regard to contractual relationships entered into before and still ongoing on the date set out in article 21(1) , the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date. ### deleted


### 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 contests the legal presumption of an employment relationship in a court , it shall be for the platform to prove that there is no such relationship. until all remedies have been exhausted , any proceedings that have been launched shall not suspend the effects of the legal presumption.


### 1. without prejudice to the obligations and rights of digital labour platforms and platform workers under directive (eu) 2019/1152 , member states shall require digital labour platforms to inform platform workers of: ### 1. without prejudice to the obligations and rights of digital labour platforms and platform workers under directive (eu) 2019/1152 and the relevant national legislation , member states shall guarantee that any decision taken by automated and semi-automated systems does not affect the employment relationship and shall require digital labour platforms to inform , in a clear , transparent and timely manner , their workers , trade unions , labour inspectorates and competent authorities of:


### 1. member states shall ensure that digital labour platforms regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems , as referred to in article 6(1) , on working conditions. ### 1. member states shall ensure that all decisions that have an impact on working conditions , health and safety and decisions to suspend accounts shall not be taken by automated or semi-automated monitoring and decision-making systems and that reasons may be given for the decisions , in line with national law and collective agreements. member states shall ensure that workers , through their representatives , have a right of co-decision in respect of the algorithm systems , and that there is human intervention and human supervision of all the decisions that have an impact on working conditions (such as the organisation of work , working time , remuneration and promotion) , especially for important decisions such as disciplinary measures or dismissal.


### information and consultation ### information , consultation and participation


### 1. without prejudice to the rights and obligations under directive 2002/14/ec , member states shall ensure information and consultation of platform workers’ representatives or , where there are no such representatives , of the platform workers concerned by digital labour platforms , on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in article 6(1) , in accordance with this article. ### 1. without prejudice to the rights and obligations under directive 2002/14/ec , member states shall ensure information and consultation of platform workers’ representatives or , where there are no such representatives , of the platform workers concerned by digital labour platforms , on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in article 6(1) , in accordance with this article. workers’ rights to information and to consultation , access to information for representatives and the competent authorities , and access to evidence should be granted irrespective of whether the algorithm is managed by the digital labour platform or by a sub-contracted service provider which sells its management services to the platform. moreover , the labour inspectorate must have access to all the contents of the algorithm so that it may scrutinise the algorithmic management criteria.


### 3. the platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice , in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. where a digital labour platform has more than 500 platform workers in a member state , the expenses for the expert shall be borne by the digital labour platform , provided that they are proportionate. ### 3. the trade unions , the platform workers’ representatives or the workers concerned should be assisted by an expert of their choice , in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. the expenses for the expert shall be borne by the digital labour platform , provided that they are proportionate.


### 1. where labour , social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions , member states shall ensure that digital labour platforms make the following information available to them: ### 1. where labour , social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions , member states shall ensure that digital labour platforms make the following information available to them , irrespective of the country in which the platform is established:


### without prejudice to articles 79 and 82 of regulation (eu) 2016/679 , member states shall ensure that persons performing platform work , including those whose employment or other contractual relationship has ended , have access to effective and impartial dispute resolution and a right to redress , including adequate compensation , in the case of infringements of their rights arising from this directive. ### without prejudice to articles 79 and 82 of regulation (eu) 2016/679 and article 13(1) of directive 2009/52/ec , member states shall ensure that persons performing platform work , including those whose employment or other contractual relationship has ended , as well as their trade union organisations , have access to appropriate , speedy , free of charge , fair and efficient procedures and mechanisms for settling disputes regarding the existence and terms of an employment relationship , and effective and impartial dispute resolution and a right to redress , including fair and adequate compensation , in the case of infringements of their rights arising from this directive or from the prevailing national legislation.


### (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 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 , rural and remote areas.


### (30) the national building renovation plans should be based on a harmonised template in order to ensure comparability of plans. in order to ensure the required ambition , the commission should assess the draft plans and issue recommendations to member states. ### (30) the national building renovation plans should allow comparability of plans. the commission may assess the draft plans and issue recommendations to member states in this regard.


### (45) union financial instruments should be used to give practical effect to the objectives of this directive , without however substituting national measures. in particular , due to the scale of the renovation effort needed , they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings . they could play an important role in the development of national , regional and local energy efficiency funds , instruments , or mechanisms , which deliver such financing possibilities to private property owners , to small and medium-sized enterprises and to energy efficiency service companies. ### (45) union financial instruments should be used to give practical effect to the objectives of this directive , and help boost and supplement national measures. in particular , due to the scale of the renovation effort needed , they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings. they could play an important role in the development of national , regional and local energy efficiency funds , instruments , or mechanisms , which deliver financing possibilities to the public sector , to private property owners , to small and medium-sized enterprises or to energy efficiency service companies.


### (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 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 home energy upgrades from pushing up rents or leading to eviction processes (in the context of ever-diminishing safeguards for tenants and the ever-increasing deregulation of the rental market) , guaranteeing the right to decent , affordable housing , tackling speculation and regulating the market. 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.


### after 1 january 2030 , at least energy performance class f; and ### after 1 january 2027 , all multi-unit buildings have undertaken an energy performance certificate and have their building energy performance class updated in the appropriate national databases for energy performance of buildings , in compliance with article 19;


### 3. member states may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport. ### deleted


### 1. member states shall provide appropriate financing , support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050. ### 1. the commission and member states shall provide appropriate financing , support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations and the installation of sustainable mobility infrastructure , in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.


### 3. member states shall make best cost-effective use of national financing and financing available established at union level , in particular the recovery and resilience facility , the social climate fund , cohesion policy funds , investeu , auctioning revenues from emission trading pursuant to directive 2003/87/ec [amended ets] and other public funding sources. ### 3. member states shall make best cost-effective use of national financing and financing available established at union level , in particular the recovery and resilience facility , the social climate fund , cohesion policy funds , investeu and other public funding sources.


### (3) as announced in the green deal , the commission presented its renovation wave strategy on 14 october 202030 . the strategy contains an action plan with concrete regulatory , financing and enabling measures , with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations. the revision of the energy performance of buildings directive is necessary as one of the vehicles to deliver on the renovation wave. it will also contribute to delivering on the new european bauhaus initiative and the european mission on climate-neutral and smart cities. ### (3) as announced in the green deal , the commission presented its renovation wave strategy on 14 october 202030 . the strategy contains an action plan with concrete regulatory , financing and enabling measures , with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations. the revision of the energy performance of buildings directive is necessary as one of the vehicles to deliver on the renovation wave. it will also contribute to delivering on the new european bauhaus initiative and the european mission on climate-neutral and smart cities. the new european bauhaus can foster a more inclusive society that promotes the well being of all in keeping with the historical bauhaus , which contributed to the regeneration of working class and marginalised communities.


### a. whereas gender equality is a core value of the union enshrined in article 2 teu; whereas article 8 tfeu states that in all its activities the union shall aim to eliminate inequalities , establishing the principle of gender mainstreaming; ### a. whereas gender equality is a core value of the union enshrined in article 2 teu; whereas article 8 tfeu states that in all its activities the union shall aim to eliminate inequalities , establishing the principle of gender mainstreaming; whereas the eu-promoted policies of attacking social and labour rights contradict that rhetoric and have , in fact , played a part in the deepening of socio-economic inequalities , particularly affecting women;


### b. whereas transport is key to achieving climate neutrality by 2050; whereas more investment is needed to accelerate the shift to sustainable and smart mobility in line with the green deal; ### b. whereas transport is key to achieving climate neutrality by 2050; whereas more investment is needed to accelerate the shift to sustainable and smart mobility in line with the green deal in an inclusive and socially just manner;


### c. whereas tourism is an essential sector for the union economy , and plays an important role in fostering its competitiveness , employment and social well-being; ### c. whereas tourism is an essential sector for the union economy and an accelerator of growth for many other sectors , plays an important role in fostering its competitiveness , employment and social well-being especially in areas that are overly dependent on tourism and contributes to territorial cohesion;


### c. whereas tourism is an essential sector for the union economy , and plays an important role in fostering its competitiveness , employment and social well-being; ### c. whereas tourism is an essential sector for the union economy , contributing directly and indirectly to more than 10% of eu's gdp and accounting for more than 11% of the workforce , and plays an important role in fostering its competitiveness , employment and social well-being;


### d. whereas the transport and tourism sectors were among the hardest hit by the covid-19 crisis and are now affected by the russian war against ukraine; whereas the union transport sector needs to become independent from russian fossil energy sources; ### d. whereas the transport and tourism sectors were among the hardest hit by the covid-19 crisis and are now affected by the russian war against ukraine; whereas , as a result millions of jobs have been lost or are under threat; whereas the union transport sector needs to become independent from russian fossil energy sources;


### 1. stresses that the social consequences of the russian invasion of ukraine and the covid-19 pandemic , and more generally the uncertain economic outlook require a strong response for people , families , workers and businesses; highlights in that regard the crucial role of union funds and financial instruments , including the next generation eu with the recovery and resilience facility (rrf) , which complement the action by the european social fund plus (esf+) as the key driver for strengthening the social dimension of the union and ensuring a socially sustainable , just , inclusive and non-discriminatory recovery in line with the principles of the european pillar of social rights , as well as the european globalisation adjustment fund for displaced workers (egf) and the just transition fund (jtf); welcomes the triggering of the temporary protection directive with regard to persons fleeing the war in ukraine and seeking refuge on the territory of the union , and calls for continuing funding for its implementation; ### 1. stresses that the social consequences of the russian invasion of ukraine and the covid-19 pandemic , and more generally the uncertain economic outlook require a strong response for people , families , workers and businesses; highlights in that regard the crucial role of union funds and financial instruments , including the next generation eu with the recovery and resilience facility (rrf) , which complement the action by the european social fund plus (esf+) as the key driver for strengthening the social dimension of the union and ensuring a socially sustainable , just , inclusive and non-discriminatory recovery in line with the principles of the european pillar of social rights , as well as the european globalisation adjustment fund for displaced workers (egf) and the just transition fund (jtf); welcomes the triggering of the temporary protection directive with regard to persons fleeing the war in ukraine and seeking refuge in the member states , and calls for continuing funding for its implementation; calls for protection and support of that kind to be guaranteed to all migrants and refugees arriving in the member states , regardless of their origin and/or nationality;


### 1. stresses that the union must be committed to obtaining a resilient , sustainable , socially fair recovery for all through the 2023 union budget concluding the revised 2030 framework for union climate , energy and environmental targets; calls on the commission and member states to ensure a smooth adoption and implementation of the files included in the ‘fit for 55’ package to ensure that the union is climate neutral by 2050; ### 1. stresses that the union must be committed to obtaining a resilient , sustainable , socially fair recovery for all through the 2023 union budget concluding the revised 2030 framework for union climate , energy and environmental targets; calls on the commission and member states to ensure a smooth adoption and implementation of the files included in the ‘fit for 55’ package to ensure that the union is climate neutral by 2050 at the latest;


### 1. calls for the 2023 eu budget to contribute to achieving the priorities set by the european semester; ### 1. calls for the 2023 eu budget to contribute to the efforts for a just , inclusive and sustainable recovery strategy that would mitigate the impact of the covid-19 crisis and the war in ukraine , and to support the union to deliver on the european green deal , the digital agenda , an inclusive industrial strategy , the european pillar of social rights and the commitment for a climate-neutral economy by 2050 at the latest in line with the paris agreement and the un sustainable development goals;


### 2. stresses that the union faces an extraordinarily complex set of challenges , including the direct and indirect repercussions of the war in ukraine , high inflation , high energy prices and security of supply risks , and a worsening economic outlook , in particular for small and medium enterprises (smes) , the need to secure the recovery from the pandemic , crises in many other parts of the world , technological change , including increasing digitalisation , as well as climate change and its consequences; considers that the union budget should contribute to tackling those challenges , while expressing concern at the exceptionally limited margins , which are about one third of last year’s , or , in the case of heading 6 , the lack of margin , and the limited flexibility built into the budget; deplores the fact that the draft budget is an insufficient response to the current challenges; recalls that the multiannual financial framework (mff) was not established to address a pandemic , a war , high inflation , high energy prices , high numbers of refugees , new accessions , food insecurity , and a humanitarian crisis; ### 2. stresses that the union faces an extraordinarily complex set of challenges , including the direct and indirect repercussions of the war in ukraine , high inflation , high energy prices and security of supply risks , the continuing covid-19 pandemic , unemployment , poverty , gender inequality and a worsening economic outlook , in particular for small and medium enterprises (smes) , the need to secure a just , inclusive and sustainable recovery from the pandemic , crises in many other parts of the world , technological change , including increasing digitalisation , as well as climate crisis and its consequences; considers that the union budget should contribute to tackling those challenges , while expressing concern at the exceptionally limited margins , which are about one third of last year’s , or , in the case of heading 6 , the lack of margin , and the limited flexibility built into the budget; deplores the fact that the draft budget is an insufficient response to the current challenges; recalls that the multiannual financial framework (mff) was not established to address a pandemic , a war , high inflation , high energy prices , high numbers of refugees , new accessions , food insecurity , and a humanitarian crisis;


### 2. welcomes the commission repowereu plan to accelerate the green transition and to increase the union’s energy independence; highlights that accelerating the implementation of the european green deal will reduce the union dependency from third countries; ### 2. is concerned about the measures proposed under the commission repowereu plan; points out that the eu is currently giving priority to signing agreements and partnerships with the main producers of liquefied natural gas , such as the latest political agreement with the us; draws attention to the harmful effects of those agreements , the effects of extraction of natural gas by means of hydraulic fracturing , which puts people at risk , and the environmental impact of shipping that gas by sea , and to the fact that those effects run counter to the commission-set goals of the repowereu plan and of the european green deal;


### 2. considers that the budget should continue to support the post-pandemic recovery , building on the lessons learned from the implementation of the recovery and resilience facility (rrf); ### 2. underlines that the economic recovery is slower than expected and notes economic uncertainty amid factors such as supply chain disruptions and food insecurity , high energy prices , rising inflation , the continuation of the covid-19 pandemic , rising unemployment and poverty , and the russias's invasion of ukraine; considers that the 2023 eu budget should continue to support the post-pandemic recovery , building on the lessons learned from the implementation of the recovery and resilience facility (rrf); believes that the creation of the rrf underlined the need for a permanent central fiscal capacity of the union to improve its ability to respond to macroeconomic shocks and support the achievement of the union's objectives;


### 2. notes that the purpose of european cooperation in defence matters is to make europe and its citizens safer and reduce costs by creating synergies; highlights that the common security and defence policy (csdp) has been deeply impacted by russia’s war; notes that the european peace facility (epf) has enabled an unprecedented support from eu member states , including weapons , amounting to eur 2 billion by the end of may 2022 , but regrets that this is off-budget which does not allow for parliamentary scrutiny; ### deleted


### 3. stresses the importance of policies and measures to support labour market transition , as well as to further develop resilient social systems around the union; insists on the need for up- and reskilling policies to address the demographic challenge and the green and digital transition; insists on the importance of investing in social inclusion and support measures for children and young people; recalls that the integration into the labour market of the most vulnerable groups , such as people in poverty , people with disabilities , young and elderly people , the unemployed , and people displaced as a result of the war in ukraine , is paramount; ### 3. stresses the importance of policies and measures to support labour market transition , as well as to further develop resilient social systems around the union; insists on the need for up- and reskilling policies to address the demographic challenge and the green and digital transition; insists on the importance of investing in social inclusion and support measures for children and young people; recalls that the integration into the labour market of the most vulnerable groups , such as people in poverty , people with disabilities , young and elderly people , the unemployed , migrants , refugees and people displaced as a result of the conflicts taking place around the world , is paramount;


### 3. reminds the importance of achieving climate and biodiversity mainstreaming targets in the union budget and the european union recovery instrument expenditures; in this regard insists on the need to track climate and biodiversity-related expenditure and welcomes the biodiversity tracking methodology upgraded by the commission in view of the union budget 2023; calls on the commission to address the conclusions of the european court of auditors regarding overstated climate spending1 ; calls on member states to ensure the integration of biodiversity in partnership agreements and operational programmes; ### 3. reminds the importance of achieving climate and biodiversity mainstreaming targets in the union budget and the european union recovery instrument expenditures; in this regard insists on the need to track climate and biodiversity-related expenditure and welcomes the biodiversity tracking methodology upgraded by the commission in view of the union budget 2023; calls on the commission to address the conclusions of the european court of auditors regarding overstated climate spending1 ; calls on member states to ensure the integration of biodiversity in partnership agreements and operational programmes; calls on the commission to enforce the climate adjustment mechanism to take corrective actions to address potential gaps in the achievement of climate spending targets of individual eu spending programmes;


### 3. stresses that the budget should ensure appropriate financial support for the economies of ukraine and the union in the context of the war in order to make the economies and financial systems more resilient; ### 3. stresses that the budget should ensure appropriate financial support for the economies and societies of ukraine and the union in the context of the war in order to address the social and economic consequences of the war and to make the economies and financial systems more resilient; stresses that the russia's invasion of ukraine has underlined the need for sufficient green investments to end the union’s dependence on russian energy imports and on fossil fuels , diversify the union's energy sources , promote sustainable energy production and green imports as well as the need to mitigate the impact of price increases on vulnerable households and smes and support them during the transition period; underlines that the sanctions against russia have a significant impact on people and businesses and therefore stresses the need for effective measures to support them at both union and national level , in particular to avoid the deepening of the energy crisis;