### g. whereas ai applications in use by law enforcement include applications such as facial recognition technologies , automated number plate recognition , speaker identification , speech identification , lip-reading technologies , aural surveillance (i.e. gunshot detection algorithms) , autonomous research and analysis of identified databases , forecasting (predictive policing and crime hotspot analytics) , behaviour detection tools , autonomous tools to identify financial fraud and terrorist financing , social media monitoring (scraping and data harvesting for mining connections) , international mobile subscriber identity (imsi) catchers , and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy; ### g. whereas ai applications in use by law enforcement include a heterogeneous array of applications such as facial recognition technologies , automated number plate recognition , speaker identification , speech identification , lip-reading technologies , aural surveillance (i.e. gunshot detection algorithms) , autonomous research and analysis of identified databases , forecasting (predictive policing and crime hotspot analytics) , behaviour detection tools , autonomous tools to identify financial fraud and terrorist financing , social media monitoring (scraping and data harvesting for mining connections) , international mobile subscriber identity (imsi) catchers , and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability , accuracy and impact on fundamental rights and on the dynamics of criminal justice systems;


### h. whereas ai tools and applications are also used by the judiciary worldwide , including in sentencing , calculating probabilities for reoffending and in determining probation; ### h. whereas ai tools and applications are also used by the judiciary worldwide , including to support decisions on pre-trial detention , in sentencing , calculating probabilities for reoffending and in determining probation;


### i. whereas use of ai in law enforcement entails a number of potential risks , such as opaque decision-making , different types of discrimination , and risks to the protection of privacy and personal data , the protection of freedom of expression and information , and the presumption of innocence; ### i. whereas use of ai in law enforcement entails a number of risks , such as opaque decision-making , different types of discrimination , and risks to the protection of privacy and personal data , the protection of freedom of expression and information , the presumption of innocence and , most importantly in the criminal law field , huge risks for the freedom and security of individuals;


### 7. highlights the power asymmetry between those who develop and employ ai technologies and those who interact and are subject to them; ### 7. highlights the power asymmetry between those who develop and employ ai technologies and those who interact and are subject to them; stresses the impact on defence rights and the burdensome or even impossible tasks for persons under investigation to challenge the results of ai tools;


### 9. considers it necessary to create a clear and fair regime for assigning legal responsibility for the potential adverse consequences produced by these advanced digital technologies; ### 9. considers it necessary to create a clear and fair regime for assigning legal responsibility for the potential adverse consequences produced by these advanced digital technologies; considers it imperative for this regime to always identify a responsible person for decisions taken with the support of ai;


### 10. underlines that in judicial and law enforcement contexts , the final decision always needs to be taken by a human , who can be held accountable for the decisions made , and include the possibility of a recourse for a remedy; ### 10. underlines that in judicial and law enforcement contexts , every legal decision always needs to be taken by a human , who can be held accountable for the decisions made , and include the possibility of a recourse for a remedy; in this regard , stresses that the use of ai may influence human decisions and have an impact on all phases of criminal procedure;


### 13. calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any ai systems for law enforcement or judiciary , in order to assess any potential risks to fundamental rights; ### 13. calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any ai systems for law enforcement or judiciary , in order to assess any potential risks to fundamental rights; calls for an obligation to make the results of such impact assessments public;


### 15. calls for a moratorium on the deployment of facial recognition systems for law enforcement , until the technical standards can be considered fully fundamental rights compliant , results derived are non-discriminatory , and there is public trust in the necessity and proportionality for the deployment of such technologies; ### 15. calls for a eu-wide ban on the deployment of live facial recognition systems for law enforcement , and on the use of automated recognition in public spaces of other human features , such as gait , fingerprints , dna , voice , and other biometric and behavioural signals;


### 16. calls for greater overall transparency from member states , and for a comprehensive understanding of the use of ai applications in the union , broken down by member state law enforcement and judicial authority , the type of tool in use , the types of crime they are applied to , and the companies whose tools are being used; ### 16. calls for greater overall transparency from member states , and for a comprehensive understanding of the use of ai applications in the union , broken down by member state law enforcement and judicial authority , the type of tool in use , the types of crime they are applied to , and the companies whose tools are being used; calls , in particular , for binding rules mandating public disclosure and debate of public-private partnerships , contracts and acquisition.


### 1. stresses that illegal content online should be tackled with the same rigour as illegal content offline; ### 1. urges the commission to adopt a comprehensive and tailored regulatory approach to address all challenges raised by the diversity of actors and services offered online; in particular , stresses that the new horizontal framework should distinguish commercial activities on online market places from other intermediaries’ activities that have an impact on the freedom of expression and information; considers essential to apply different regulatory approaches to illegal and legal content. stresses that illegal activities online should be tackled with the same rigour as illegal activities offline , and with the same guarantees for citizens;


### — having regard to the charter of fundamental rights of the european union , in particular article 6 , article 7 , article 8 , article 11 , article 13 , article 22 and article 24 thereof , ### — having regard to the charter of fundamental rights of the european union , in particular article 6 , article 7 , article 8 , article 11 , article 13 , article 21 , article 22 , article 24 and article 38 thereof ,


### — having regard to directive 2011/93/eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004/68/jha4 , ### deleted


### — having regard to the judgment of the court of justice of 3 october 2019 in case c-18/185 , ### — having regard to the relevant case law of the court of justice of the european union ,


### b. whereas the data protection rules applicable to all providers offering digital services in the eu’s territory were recently updated and harmonised across the eu with the general data protection regulation; ### b. whereas the data protection rules applicable to all providers offering digital services in the eu’s territory were recently updated and harmonised across the eu with the general data protection regulation , its enforcement needs to be strengthened;


### c. whereas the amount of user-generated content , including harmful and illegal content , shared via cloud services or online platforms has increased exponentially; ### c. whereas the amount of services available and users' activities , including illegal services and activities , shared via cloud services or online platforms , has increased exponentially;


### d. whereas a small number of mostly non-european service providers have significant market power and exert influence on the rights and freedoms of individuals , our societies and democracies; ### d. whereas a small number of mostly non-european large service providers have an increasing capacity to influence public opinion and exert influence on the rights and freedoms of individuals , our societies and democracies; whereas , more specifically , large platforms’ decisions can have far-reaching consequences for the exercise of freedom of expression and information , and for media freedom and pluralism;


### d. whereas a small number of mostly non-european service providers have significant market power and exert influence on the rights and freedoms of individuals , our societies and democracies; ### d. whereas a small number of mostly non-european service providers have significant market power and exert influence over suppliers and control how information , services and products are presented , thereby having an impact on the rights and freedoms of individuals , and our societies;


### e. whereas the political approach to tackle harmful and illegal content online in the eu has mainly focused on voluntary cooperation thus far , but a growing number of member states are adopting national legislation to address illegal content; ### e. whereas the policy approach to tackle harmful and illegal activities online in the eu has mainly focused on voluntary cooperation thus far , but a growing number of member states are adopting national legislation to address illegal content;


### f. whereas some forms of harmful content may be legal , yet detrimental to society or democracy , with examples such as opaque political advertising and disinformation on covid-19 causes and remedies; ### f. whereas some forms of content may be legal , yet detrimental to society or democracy , with examples such as opaque political advertising and disinformation on covid-19 causes and remedies;


### g. whereas a pure self-regulatory approach of platforms does not provide adequate transparency to public authorities , civil society and users on how platforms address illegal and harmful content; whereas such an approach does not guarantee compliance with fundamental rights; ### g. whereas a pure self-regulatory approach of platforms does not provide adequate transparency to public authorities , civil society and users on how platforms address illegal activities; whereas such an approach does not guarantee compliance with fundamental rights;


### i. whereas the absence of uniform and transparent rules for procedural safeguards across the eu is a key obstacle for persons affected by illegal content online and content providers seeking to exercise their rights; ### i. whereas the absence of uniform and transparent rules for procedural safeguards across the eu is a key obstacle for persons affected by illegal activities online and content providers , including users , seeking to exercise their rights;


### k. whereas child sexual exploitation online is shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection , investigation and , most of all , victim identification efforts; ### deleted


### l. whereas according to the court of justice of the european union (cjeu) , jurisprudence host providers may have recourse to automated search tools and technologies to assess if content is equivalent to content previously declared unlawful , and should thus be removed following an order from a member state; ### l. whereas according to the court of justice of the european union (cjeu) jurisprudence , host providers may have recourse to automated search tools and technologies to assess if content is equivalent to content previously declared unlawful , and should thus be removed following an order from a member state , but they are not obliged to use such automated tools;


### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality; ### 2. believes in the benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights – above all freedom of expression and information , and media freedom and pluralism – and data protection are respected; calls for an intervention based on the principles of necessity and proportionality;


### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality; ### 2. believes in the benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights , including data protection , are respected; calls for a comprehensive and effective regulatory intervention based on the principles of necessity and proportionality;


### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue; ### 3. deems it necessary that illegal activities are removed swiftly and consistently in order to address law infringements and fundamental rights violations; considers that voluntary codes of conduct lack adequate enforcement and have proven to be inefficient in addressing the issue;


### 4. recalls that illegal content online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; finds , in this regard , that a key issue in some member states is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities should be improved; ### 4. recalls that illegal information , services and products online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; calls on the commission to consider obliging major hosting service providers to report serious crime to the competent law enforcement authority , upon obtaining actual knowledge of such a crime; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities , as well as cross-border cooperation between national competent authorities should be improved; stresses in this regard the need to respect the legal order of the eu and the established principles of cross-border cooperation; stresses that competent authorities have to be provided with adequate resources in order to be effective.


### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression; ### 5. acknowledges the fact that the decision on the illegal nature of online information , products and services is difficult as it requires contextualisation; warns that automated tools are unable to differentiate illegal content from content that is legal in a given context , which could lead to unnecessary restrictions being placed on the freedom of expression; highlights that a review of automated reports by service providers , their staff or their contractors does not solve this problem as private staff lack the independence , qualification and accountability of public authorities; therefore stresses that the digital services act shall explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation , and refrain from imposing notice-and-stay-down mechanisms; content moderation procedures used by providers shall not lead to any ex-ante control measures based on automated tools or upload-filtering of content;


### 6. underlines that a specific piece of information may be deemed illegal in one member state but is covered by the right to freedom of expression in another; ### 6. underlines that a specific piece of information may be deemed illegal in one member state but is covered by the right to freedom of expression in another; stresses , therefore , that national authorities should only be allowed to address and enforce removal orders to service providers established in their territory;


### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications; ### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity , respect for fundamental rights , and enhanced consumer protection; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications; calls on the council to swiftly reach a general approach which does not lower current levels of protection for consumers to start trilogue negotiations with the european parliament on the proposal for the eprivacy regulation as soon as possible


### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications; ### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation , the directive on privacy and electronic communications and respect the primacy of sector-specific instruments such as the revised audiovisual media services directive;


### 8. deems it indispensable to have the widest-possible harmonisation of rules on liability exemptions and content moderation at eu level to guarantee the respect of fundamental rights and the freedoms of users across the eu; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules; ### 8. deems it indispensable to have the widest-possible harmonisation and clarification of rules on liability at eu level to guarantee the respect of fundamental rights and the freedoms of users across the eu; believes that such rules should maintain liability exemptions for intermediaries not having knowledge of the illegal activity or information on their platforms; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules and to a lower level of fundamental rights protection in the eu;


### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with european values; firmly believes that this should be harmonised within the digital single market; ### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by strengthening the rules on competition with regard to digital service providers to prevent harm to competition and consumers; requests for the digital services act to require digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to tackle illegal activities in line with european law; firmly believes that this should be harmonised within the digital single market;


### 10. believes , in this regard , that online platforms that are actively hosting or moderating content should bear more , yet proportionate , responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting to general monitoring requirements; ### 10. believes , in this regard , that large online platforms that are actively hosting , moderating or recommending content , services or products , should bear more , yet proportionate , liability for the infrastructure they provide and the services they offer to users; considers , in this sense , that online marketplaces must be liable upon obtaining credible evidence of illegal activities; emphasises that this should be achieved without resorting to general monitoring requirements , nor to a general and undefined duty of care; highlights that , in order to ensure legal certainty , the new legal framework shall exhaustively and explicitly spell out the obligations of digital service providers;


### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression; ### 11. urges the adoption of rules on transparent notice-and-action mechanisms and requirements for platforms to take measures in order to address the appearance of illegal activities on their services; these measures should include a robust business user authentication and verification process for services and products offered or facilitated in their platforms , while preserving consumer anonymity; stresses that independent public authorities should be ultimately responsible to determine whether an activity is legal or not; supports a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression;


### 12. stresses the need for appropriate safeguards and due process obligations , including human oversight and verification , in addition to counter notice procedures , to ensure that removal or blocking decisions are accurate , well-founded and respect fundamental rights; recalls that the possibility of judicial redress should be made available to satisfy the right to effective remedy; ### 12. stresses the need for appropriate safeguards and due process obligations , including human oversight and verification , in addition to counter notice procedures , to ensure that removal decisions are accurate , well-founded , protect consumers and respect fundamental rights; recalls that the possibility of effective judicial redress should be made available to satisfy the right to effective remedy;


### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; ### 13. supports the country of origin principle including its consumer contracts derogation , but clarifications to the liability regime , particularly for online marketplaces , is needed; considers improved coordination for removal requests between national competent authorities to be important; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that an effective oversight and enforcement mechanism , including sanctions , should apply to those service providers that fail to comply with transparency obligations , judicial orders , and other provisions of the digital services act;


### 14. believes that terms of services of digital service providers should be clear , transparent and fair; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety; ### 14. believes that terms of services of digital service providers should be clear , transparent and fair and be made available in an easy and accessible manner to users; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety;


### 14. believes that terms of services of digital service providers should be clear , transparent and fair; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety; ### 14. believes that in order to protect consumers' fundamental rights and interests , the digital services act should introduce rules aiming to ensure that terms of services of digital service providers be clear , transparent and fair;


### 15. underlines that certain types of legal , yet harmful , content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary; ### 15. expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that legal content is not removed;


### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; ### 17. calls , in this regard , for a regular , comprehensive and consistent public reporting obligation for platforms , proportionate to their scale of reach and operational capacities , including inter alia information on adopted measures against illegal activities online , number of removed illegal material , number and outcome of internal complaints and judicial remedy;


### 18. calls , moreover , for a regular public reporting obligation for national authorities; ### 18. calls , moreover , for a regular public reporting obligation for national authorities , including inter alia information on the number of removal orders , on the number of identified illegal content or activities which led to investigation and prosecution , and the number of cases of content or activities wrongly identified as illegal;


### 20. supports the creation of an independent eu body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful; ### 20. supports the creation of an enforcement mechanism coordinated at eu level , with clear allocation of responsibilities and necessary enforcement tools to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency;


### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this eu body , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at eu level; ### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this eu enforcement mechanism , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at eu level;


### 22. stresses that this eu body should not take on the role of content moderator , but that it should analyse , upon complaint or on its own initiative , whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner; ### 22. stresses that this eu enforcement mechanism should not take on the role of content moderator , but that it should analyse , upon complaint or on its own initiative , whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;


### 23. underlines the importance of empowering users to enforce their own fundamental rights online , including by means of easily accessible complaint procedures , legal remedies , educational measures and awareness-raising on data protection issues; ### 23. underlines the importance of empowering users to enforce their own fundamental rights online , including by means of transparency obligations for online services and easily accessible , impartial , efficient and free complaint procedures , legal remedies , educational measures and awareness-raising on data protection issues;


### a. whereas the framework in the e-commerce directive pre-dates the digital economy era and thus does not reflect the technical , economic and social reality of today´s online services in the transport and tourism sector; ### a. whereas the framework in the e-commerce directive pre-dates the digital economy era and thus does not reflect the technical , economic , labour and social reality of today´s online services in the transport and tourism sector;


### 1. stresses that wherever it is technically possible and reasonable , intermediaries should be required to enable the anonymous use of their services and payment for them , since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the directive on consumer rights requires commercial traders to communicate their identity , providers of major market places could be obliged to verify their identity , while in other cases the right to use digital services anonymously should be upheld; ### 1. stresses that wherever it is technically possible and reasonable , intermediaries should be required to enable the anonymous use of their services and payment for them , since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the directive on consumer rights requires commercial traders to communicate their identity , 'online marketplace' hosts must be obliged to be able to verify their identity , while in other cases the right to use digital services anonymously should be upheld;


### 3. notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence , qualification and accountability of public authorities; stresses , therefore , that the digital services act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation , and refrain from imposing notice-and-stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content; ### 3. notes that automated tools are unable to differentiate illegal opinion content from opinion content that is legal in a given context; notes that human review of automated reports resolves this problem; stresses , therefore , that the digital services act should explicitly authorise hosting service providers or other technical intermediaries to use automated tools for content moderation if this is accompanied by human monitoring; stresses that commercial content hosting service providers or other technical intermediaries must install notice-and-stay-down mechanisms; insists that 'marketplace' content moderation procedures used by providers should lead to ex-ante control measures based on automated tools or upload-filtering of content;


### 4. stresses that the responsibility for enforcing the law , deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should rest with independent judicial authorities; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations; ### 4. stresses that any final decision on the legality of user-generated opinion content , including on social media , must be made by an independent judiciary and not a private commercial entity; considers that responsibility for enforcing the law and deciding on the legality of online activities ultimately rests with independent judicial or other authorities , while 'online marketplace ' service providers are primarily responsible for the removal of illegal content and the assessment of notified content;


### 5. draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of transport and tourism; ### 5. draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of transport and tourism , stresses the need to respect privacy while using data;


### 7. calls on the commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees; ### 7. calls on the commission to come up with a binding comprehensive framework to align the working conditions of platform workers with those of regular employees;


### 9. highlights the need for online platforms in transport and tourism to promote sustainability , also in line with the european green deal. ### 9. highlights the need for online platforms in transport and tourism to promote sustainability in terms of services offered and functioning of the platform , also in line with the european green deal.


### 1. welcomes the ambitions affirmed by the commission in its communications of 19 february 20201in the area of ai artificial intelligence (ai) and data; ### 1. notes the commission's ambitions in its communications of 19 february 2020 in the area of ai artificial intelligence (ai) and data; hopes that the commission will put itself in a position to fulfil its ai ambitions by opting for a european data strategy enabling complete sovereignty in this area;


### 4. considers that ip protection strategies will constantly evolve over time as ai evolves , and that it will be necessary to take account of issues such as flexible copyright , patent protection or even trade secrets rules , and to consider what route will provide innovators with the broadest and most robust means of ip protection; ### 4. considers that ip protection strategies will constantly evolve over time as ai evolves , and that it will be necessary to take account of issues such as flexible copyright , patent protection or even trade secrets rules , and to consider what route will provide innovators with the broadest and most robust means of ip protection while ensuring total protection for whistleblowers;


### 7. calls on the commission to evaluate the possibility and relevance for companies of obtaining patents based on software or algorithms with a view to ensuring both the protection of innovation and the need for transparency required for trustworthy ai; ### 7. calls on the commission to evaluate the possibility and relevance for companies of obtaining patents based on software or algorithms with a view to ensuring both the protection of innovation and the need for transparency required for trustworthy ai as well as the public availability of algorithms used for public purposes;


### 10. takes the view that consideration must be given to protecting technical and artistic creations generated by ai , in order to encourage this form of creation; considers that certain works generated by ai can be regarded as equivalent to intellectual works and could therefore be protected by copyright; recommends that ownership of rights be assigned to the person who prepares and publishes a work lawfully , provided that the technology designer has not expressly reserved the right to use the work in that way; ### 10. takes the view that consideration must be given to protecting technical and artistic creations generated by ai , in order to encourage this form of creation; considers that certain works generated by ai can be regarded as equivalent to intellectual works and could therefore be protected by copyright; recommends that ownership of rights be assigned to the person who prepares and publishes a work lawfully;


### 11. welcomes the commission’s aim of creating a single european data space with investment in standards , tools and infrastructure; supports in particular the establishment of a common european mobility data space; ### 11. welcomes the commission’s aim of creating a single european data space with investment in standards , tools and infrastructure; supports in particular the establishment of a common european mobility data space in strict compliance with european gdpr rules;


### 12. calls on the commission to address the question of data and intellectual property protection; ### 12. calls on the commission to take action on the question of protecting personal data and safeguarding intellectual property and whistleblowers; stresses the need to opt for an ambitious data relocation policy in europe;


### 13. welcomes the future establishment of an enabling and flexible legislative framework for the governance of common european data spaces , as well as the commission’s willingness to foster business-to-government and business-to-business data sharing and to limit mandatory access to data under frand conditions to the cases where specific circumstances so dictate; ### 13. welcomes the future establishment of an enabling and flexible legislative framework for the governance of common european data spaces , as well as the commission’s willingness to foster business-to-government and business-to-business data sharing , which must be anonymised , and to limit mandatory access to data under frand conditions to the cases where specific circumstances so dictate;


### 13. notes , with regard to the use of data by ai , that the use of copyrighted data needs to be assessed in the light of the text and data mining exceptions provided for by the directive on copyright and related rights in the digital single market; highlights the ipr issues arising from the creation of deep fakes on the basis of data which may be subject to copyright; ### 13. notes , with regard to the use of data by ai , that the lawful use of copyrighted data needs to be assessed in the light of the text and data mining exceptions provided for by the directive on copyright and related rights in the digital single market; highlights the ipr issues arising from the creation of deep fakes on the basis of data which may be subject to copyright;


### 14. calls on the commission to pay special attention to access for smes to data that could boost their activity; ### 14. calls on the commission to pay special attention to access for smes to anonymised , gdpr-compliant data that could boost their activity; adds that such access should be limited to the sectors in which they operate;


### 14. stresses the importance of full implementation of the digital single market strategy in order to improve data accessibility in the eu; stresses the need to assess in that connection whether eu rules on intellectual property are capable of protecting the data needed for the development of ai; considers that comprehensive information should be provided on the use of data protected by iprs , in particular in the context of platform-to-business relationships; ### 14. stresses the importance of full implementation of the digital single market strategy in order to improve data accessibility in the eu; stresses the need to assess in that connection whether eu rules on intellectual property are capable of protecting the data needed for the development of ai; considers that comprehensive information should be provided on the use of data protected by iprs , in particular in the context of platform-to-business relationships and respect for the gdpr;


### 15. notes that the commission is considering the desirability of legislation on issues that have an impact on relationships between economic operators whose purpose is to make use of data , one element in which is the evaluation of the ipr framework , including a possible revision of the database directive and a possible clarification of the application of the directive on the protection of trade secrets as a generic framework; looks forward to the results of the public consultation procedure launched by the commission on the european data strategy; ### 15. notes that the commission is considering the desirability of legislation on issues that have an impact on relationships between economic operators whose purpose is to make use of data , one element in which is the evaluation of the ipr framework; looks forward to the results of the public consultation procedure launched by the commission on the european data strategy;


### b. whereas article 118 of the treaty on the functioning of the european union stipulates that the union legislator must establish measures for the creation of european intellectual property rights (iprs) to provide uniform protection of those rights throughout the union; whereas the single market is conducive to the stronger economic growth needed to ensure the prosperity of european citizens; ### b. whereas article 118 of the treaty on the functioning of the european union stipulates that the union legislator must establish measures for the creation of european intellectual property rights (iprs) to provide uniform protection of those rights throughout the union;


### d. whereas the aim of making the european union the world leader in ai technologies must include efforts to safeguard the union’s digital and industrial sovereignty; ### d. whereas the european union must regain its industrial and digital sovereignty and , in order to do so , it must be at the forefront of ai technologies;


### 1. recalls that it follows from directive (eu) 2018/958 that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; ### 1. recalls that it follows from directive (eu) 2018/958 that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; underlines that any ai technology should be subject to human oversight;


### 1. welcomes the commission’s white paper on ai and supports the eu ambition to be one of the global ai leaders while strengthening cooperation with like-minded actors; ### 1. welcomes the commission’s white paper on ai and supports the eu ambition to be one of the global ai leaders while strengthening cooperation with like-minded actors; highlights one of the key outcomes of the white paper - ai systems should empower human beings and benefit all human beings;


### 1. sees the great potential offered by the use and development of artificial intelligence as an opportunity for more rapid economic development in the eu; ### deleted


### 1. highlights that the security and defence policies of the european union and its member states are guided by the principles of the un charter , and by a common understanding of the universal values of the inviolable and inalienable rights of the human person , of freedom , of democracy , of equality and of the rule of law; highlights that all defence-related efforts within the union framework must respect these universal values while promoting peace , security and progress in europe and in the world; ### 1. highlights that the security and defence policies of the european union and its member states , subject to the obligations arising from the north atlantic treaty and their operational implementation by the united states , endeavour to be guided by the principles of the united nations charter , and by a common understanding of the universal values of the inviolable and inalienable rights of the human person , of freedom , of democracy , of equality and of the rule of law; highlights that defence-related efforts within the union framework must respect these universal values while promoting peace , security and progress in europe and in the world;


### 2. underlines that the eu should act as a global ai norm-setter in the areas of civil and military use and of state authority , with an effective strategy aimed at strengthening its influence on shaping global standards; calls on the commission and the member states to advocate for broader cooperation within the un , oecd , g7 , g20 and other international fora in order to promote the eu approach to ai , emphasising the fundamental rights , freedoms and values that are enshrined in the eu treaties , the charter of fundamental rights of the european union and international human rights law; ### 2. underlines that the eu should act as a global ai norm-setter in the areas of civil and military use and of state authority , with an effective strategy aimed at strengthening its influence on shaping global standards; calls on the commission and the member states to advocate for broader international cooperation in order to promote the eu approach to ai , emphasising the fundamental rights , freedoms and values that are enshrined in the eu treaties , the charter of fundamental rights of the european union and international human rights law;


### 2. stresses that the use , creation and management of artificial intelligence must respect the fundamental rights , values and freedoms expressed in the eu treaties and in the idea underpinning the creation of the european union; welcomes the publication of the commission's white paper on artificial intelligence and encourages deeper research into the use of artificial intelligence by state authorities; stresses that the european union must contribute to the creation of an international legal framework for the use of ai , especially in the context of building the strategic advantage that ai can offer; ### 2. stresses the fact that the use , creation and management of artificial intelligence must respect the fundamental rights , values and freedoms expressed in the eu treaties and in the idea underpinning the creation of the european union; stresses that the european union must contribute to the creation of an international legal framework for the use of ai;


### 2. calls on the un and the wider international community to undertake all necessary efforts to ensure that the application of artificial intelligence (ai) in military affairs and the use of ai-enabled systems by the military stay within the strict limits set by international law and international humanitarian law (ihl); ### 2. calls on the un and the wider international community to undertake all necessary efforts to ban the application of artificial intelligence (ai) in military affairs and that the use of ai-enabled systems stay within the strict limits set by international law and international humanitarian law (ihl);


### 3. notes that artificial intelligence has great potential in the fight against crime , online terrorist content and cybercrime; considers that , in each of these cases , there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online; ### deleted


### 3. considers in particular that ai-enabled systems must abide by the principles of the martens clause , and must never breach or be permitted to breach the dictates of the public conscience and humanity; considers that this is the ultimate test for the admissibility of an ai-enabled system in warfare; calls on the ai research community to integrate this principle in all ai-enabled systems intended to be used in warfare; considers that no authority can issue a derogation from those principles or certify an ai-enabled system; ### 3. considers in particular that ai-enabled systems must abide by the principles of the martens clause , and must never breach or be permitted to breach the dictates of the public conscience and humanity; considers that this is the ultimate test for the admissibility of an ai-enabled system in warfare; calls on the ai research community to integrate this principle in all ai-enabled systems intended to be used in warfare; considers that no authority can issue a derogation from those principles or certify an ai-enabled system; therefore invites russia and the united states , who are the main developers of lethal autonomous weapons systems (laws) , to halt all design , prototyping and production of such systems;


### 4. stresses that all operations undertaken by artificial intelligence must always remain under human supervision; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims , but that it is no substitute for human beings in terms of sentencing or decision-making; ### 4. stresses that all operations undertaken by artificial intelligence must always remain under human supervision and have the possibility for humans if necessary to take over the control at any moment especially in the use of the ai for military purposes; recalls that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims , but that it is no substitute for human beings in terms of sentencing or decision-making;


### 4. stresses that states , parties to a conflict and individuals , when employing ai-enabled systems in warfare , must at all times adhere to their obligations under the applicable international law and remain accountable for actions resulting from the use of such systems; recalls that ai machines can under no circumstances be held accountable for intended , unintended or undesirable effects caused by ai-enabled systems on the battlefield; ### 4. stresses that states , parties to a conflict and individuals , when employing ai-enabled systems , must at all times adhere to their obligations under the applicable international law and remain accountable for actions resulting from the use of such systems; recalls that ai machines can under no circumstances be held accountable for intended , unintended or undesirable effects caused by ai-enabled systems;


### 6. insists that they must always be consistent with the principle of proportionality , which makes the legality of a military action conditional on a balance between the objective pursued and the means used , and that the assessment of proportionality must be made , or expressly approved , by a human being; ### 6. insists that they must always be consistent with the principles of proportionality , precautions and distinction between combatants and non-combatants , which make the legality of a military action conditional on a balance between the objective pursued and the means used , and that the assessment of proportionality must be made by a human being;


### 6. stresses the need for robust testing and evaluation systems based on norms to ensure that during the entire lifecycle of ai-enabled systems in the military domain , in particular during the phases of human-machine interaction , machine learning and adjusting and adapting to new circumstances , the systems do not go beyond the intended limits and will at all times comply with the applicable international law; ### 6. stresses the need for robust testing and evaluation systems based on norms to ensure that during the entire lifecycle of ai-enabled systems in the military domain , in particular during the phases of human-machine interaction , machine learning and adjusting and adapting to new circumstances , the systems do not go beyond the intended limits and will at all times comply with the applicable international law; considers that , in the hypothetical event of these limits being overstepped in a theatre of operations , those civilian or military authorities which deployed ai systems should be held to account , including before the international criminal court (icc);


### 7. highlights that any ai-enabled system used in the military domain must , as a minimum set of requirements , be able to distinguish between combatants and non-combatants on the battlefield , not have indiscriminate effects , not cause unnecessary suffering to persons , not be biased or be trained on biased data , and be in compliance with the ihl principles of military necessity , proportionality in the use of force and precaution prior to engagement; ### deleted


### 7. highlights that any ai-enabled system used in the military domain must , as a minimum set of requirements , be able to distinguish between combatants and non-combatants on the battlefield , not have indiscriminate effects , not cause unnecessary suffering to persons , not be biased or be trained on biased data , and be in compliance with the ihl principles of military necessity , proportionality in the use of force and precaution prior to engagement; ### 7. highlights that any ai-enabled system used in the military domain , particularly by nato members , must , as a minimum set of requirements , be able to distinguish between combatants and non-combatants on the battlefield , not have indiscriminate effects , not cause unnecessary suffering to persons , not be biased or be trained on biased data , and be in compliance with the ihl principles of military necessity , proportionality in the use of force and precaution prior to engagement;


### 9. considers that laws are lawful only if subject to control sufficiently strict to enable a human to take over command at any time , and that systems without any human control (‘human out of the loop’) must be banned; ### 9. considers that laws are lawful only if subject to strict control enabling a human to take over command at any time , and that systems without any human control (‘human out of the loop’) must be banned;


### 9. calls on states to carry out an assessment of how autonomous military devices have contributed to their national security and what their national security can gain from ai-enabled weapon systems , in particular as regards the potential of such technologies to reduce human error , thus enhancing the implementation of ihl principles; ### deleted


### 10. calls on the hr/vp , in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems by states parties to the convention on prohibitions or restrictions on the use of certain conventional weapons (ccw) , to help streamline the global debate on core issues and definitions where consensus has not been reached , in particular as regards concepts and characteristics of ai-enabled lethal autonomous weapons and their functions in the identification , selection and engagement of a target , application of the concept of human responsibility in the use of ai-enabled systems in defence , and the degree of human/machine interaction , including the concept of human control and judgment , during the different stages of the lifecycle of an ai-enabled weapon. ### 10. calls on the hr/vp , in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems by states parties to the convention on prohibitions or restrictions on the use of certain conventional weapons (ccw) to support a total ban on all autonomous weapons systems , regardless of the degree of automation within the ccw or in a newly drafted convention banning these weapons; further calls for an end to all research into the gradual automation of weapons systems.


### 10. calls on the hr/vp , in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems by states parties to the convention on prohibitions or restrictions on the use of certain conventional weapons (ccw) , to help streamline the global debate on core issues and definitions where consensus has not been reached , in particular as regards concepts and characteristics of ai-enabled lethal autonomous weapons and their functions in the identification , selection and engagement of a target , application of the concept of human responsibility in the use of ai-enabled systems in defence , and the degree of human/machine interaction , including the concept of human control and judgment , during the different stages of the lifecycle of an ai-enabled weapon. ### 10. calls on the hr/vp , in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems by states parties to the convention on prohibitions or restrictions on the use of certain conventional weapons (ccw) , to help streamline the global debate on core issues and definitions where consensus has not been reached - as a result of obstruction on the part of certain countries , particularly the united states and russia - in particular as regards concepts and characteristics of ai-enabled lethal autonomous weapons and their functions in the identification , selection and engagement of a target , application of the concept of human responsibility in the use of ai-enabled systems in defence , and the degree of human/machine interaction , including the concept of human control and judgment , during the different stages of the lifecycle of an ai-enabled weapon.


### 11. underlines that the european defence fund and permanent structured cooperation should stimulate cooperation between member states and european defence industries to develop new european defence capabilities in the field of ai and ensure security of supply , taking ethical considerations into account; recalls , moreover , that the next connecting europe facility , which also encourages smart infrastructure , will provide for a fund for the development of civilian/military dual-use transport infrastructure with a view to improving military mobility within the union. ### deleted


### 16. stresses that member states must ensure that the possession of highly sophisticated ai technologies by powerful private groups does result in the authority of the state being challenged , let alone usurped , by a private authority; ### 16. stresses that member states must prevent the possession of highly sophisticated ai technologies by powerful private groups from resulting in the authority of the state being challenged and usurped by a private authority;


### 20. insists , nevertheless , that all uses of ai in the area of public health must guarantee the protection of patients’ personal data and prevent the uncontrolled dissemination of those data; ### (does not affect the english version.)


### 22. notes that ai is increasingly being used in the field of justice , to enable judges to take decisions which are more rational and more in keeping with the law in force and to do so more quickly; ### 22. notes that ai is increasingly being used in the field of justice , that it may be used to improve the judicial process but that it cannot replace a human being when it comes to passing sentences or taking a decision of any kind;


### 23. calls , therefore , for the public to be informed of all such uses of ai in the field of justice and for those uses not to lead to discrimination resulting from programming and to uphold the right of every individual to have access to a judge , as well as the right of every judge to depart from the solution suggested by ai where he or she considers it necessary in light of the particulars of a case; ### (does not affect the english version.)


### 25. considers , however , that the public must be properly informed about the uses of ai in international private law and that these uses must not lead to discrimination through programming , which would result in one nation’s laws being systematically favoured over another’s; ### (does not affect the english version.)


### 2. emphasises that data transfers to other jurisdictions must always abide by the provisions of the general data protection regulation (gdpr) , the law enforcement directive (led) and other relevant union legislation; ### 2. emphasises that data transfers to other jurisdictions must always abide by the provisions of the charter of fundamental rights of the european union , the general data protection regulation (gdpr) , the law enforcement directive (led) and other relevant union legislation , as recently underlined by the cjeu judgment of 16 july 2020 in the schrems ii case , c-311/18 , and the recommendations of the european data protection board;


### 2. notes that the eu approach to digitisation should be human-centred , value-oriented and based on the concept of the social market economy; underlines that choosing a third path to digitisation should not mean that the eu becomes protectionist; stresses , therefore , that every non-eu player should still be welcome to operate in the single european data space as long as they meet the eu’s ethical , technological , privacy and security standards; ### 2. notes that the eu approach to digitisation should be human-centred; stresses that every non-eu player should still be welcome to operate in the single european data space as long as they meet the eu’s ethical , technological , privacy and security standards;


### 3. believes that the new strategy should be implemented by means of a principle-based and innovation-friendly eu legal framework , which should be proportionate and avoid unnecessary administrative burdens for small to medium-sized enterprises (smes) and start-ups , and should be combined with concrete measures , guidance , private-public codes of conduct and programmes , strong investments , and , if necessary , new sector-specific laws; ### 3. believes that the new strategy should be implemented by means of a principle-based and innovation-friendly eu legal framework , which should be proportionate and tailored to the capacities of small to medium-sized enterprises (smes) and start-ups , and should be combined with concrete measures , guidance , codes of conduct , strong investments , and , if necessary , new sector-specific laws;


### 5. stresses the key importance of fostering access to data for eu businesses , especially for smes and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements , triggered by incentives in the form of subsidies and tax breaks , would help to achieve this goal; ### 5. stresses the key importance of fostering access to data for eu businesses , especially for smes and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements would help to achieve this goal;


### 6. states that fair , simple , intelligible , secure , interoperable and affordable voluntary data sharing agreements between companies from the same supply chain and different sectors , that either monetise the participation of data providers or enable ‘give and take’ schemes , will further accelerate the development of the eu data economy; ### 6. states that voluntary data sharing agreements will further accelerate the development of the eu data economy;


### 7. welcomes the council conclusions of october 2020 on the development of a union-wide framework for secure public electronic identification (e-id); strongly believes that a framework of this type would allow for the safer cross-border provision of services that require personal identification. ### 7. stresses the importance of allowing anonymous use of online services whenever technically possible , and that existing legislation does not require identification , since anonymity effectively prevents unauthorised disclosure , identity theft and other forms of abuse of personal data collected online;


### 7. calls on the commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a single european data space will require companies to be allowed to closely cooperate with each other , and therefore considers that safe harbours and block exemptions on cooperation for data sharing and pooling , as well as more guidance for businesses on competition law matters from the commission , are needed; ### 7. calls on the commission to assess the possibility of defining standards with the aim of addressing imbalances in market power; underlines that a single european data space will require companies to be allowed to closely cooperate with each other , and therefore considers that safe harbours as regards cooperation for data sharing and pooling , as well as more guidance for businesses on competition law matters from the commission , are needed;


### 8. recommends further strengthening interoperability and establishing consensus-based , industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; ### 8. recommends further strengthening interoperability and establishing common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner;


### 9. declares that a distinction between the legal regimes concerning personal and non-personal data is essential , as not sharing any commercial datasets is often the only option for businesses due to the complexity of the existing rules and the great legal uncertainty as to whether personal data is sufficiently depersonalised; notes that this distinction may be difficult to draw in practice given the existence of mixed data , for which specific rules and approaches should be introduced; believes that models that focus on anonymisation , which requires a clear legal base and a list of criteria , and other technical ways of ensuring privacy must be encouraged , such as the shift from the sharing of data to the sharing of computation , application programming interfaces (apis) , synthetic data and data sandboxes; ### 9. declares that a distinction between the legal regimes concerning personal and non-personal data is essential; notes that this distinction may be difficult to draw in practice given the existence of mixed data , for which specific rules and approaches should be introduced; believes that models that focus on anonymisation , which requires a clear legal base and a list of criteria , and other technical ways of ensuring privacy must be encouraged , such as the shift from the sharing of data to the sharing of computation , application programming interfaces (apis) , synthetic data and data sandboxes;


### 12. stresses that the implementation of the european data strategy must strike a balance between promoting the wider use and sharing of data and protecting intellectual property rights (ipr) , privacy and trade secrets; ### 12. stresses that the implementation of the european data strategy must strike a balance between promoting the wider use and sharing of data and protecting intellectual property rights (ipr) , privacy and trade secrets; considers also that the protection afforded by the whistleblower directive should apply to the forthcoming europa data strategy too;


### 1. highlights the potential of ai for all autonomous means of road , rail , waterborne and air transport; ### 1. understands the potential of ai for all autonomous means of road , rail , waterborne and air transport , but keeps in mind that an ethical approach to ai can also be seen as an early warning system against risks;


### 2. considers that the determination of whether artificial intelligence , robotics and related technologies are to be considered high-risk as regards compliance with ethical principles should always follow from an impartial , regulated and external assessment; ### 2. considers that the determination of whether artificial intelligence , robotics and related technologies are to be considered high-risk as regards compliance with ethical principles should always follow from an impartial , regulated and external assessment undertaken in particular on the basis of the analyses and conclusions of the above-mentioned european agency;


### a. whereas the union is founded on the ethical values stated in article 2 of the treaty on european union; ### a. whereas the union is founded on the ethical values stated in article 2 of the treaty on european union and on compliance with the precautionary principle stated in article 191(2) of the treaty on the functioning of the european union;


### b. whereas the artificial intelligence (ai) global leadership race , which will determine the source of ethical values and standards shaping the sector worldwide , is picking up the pace; ### b. whereas the artificial intelligence (ai) global leadership race may well bring about a race to the bottom as regards national regulations; whereas , therefore , the european union should grasp this opportunity to map out a regulatory framework that will determine the source of ethical values and standards shaping the sector worldwide;


### b) recommends the establishment of guidelines for a harmonised risk classification of ai-enabled technologies in transport , covering vehicle functions allocated to humans and to ai , and clarifying responsibilities and requirements as regards safety; ### deleted


### 3. considers the development of trustworthy , ethically responsible and technically robust ai an important enabler for sustainable and smart mobility; in this regard , calls on the commission to promote uptake of ai in the transport sector and to propose , if necessary in order to uphold eu fundamental rights , corresponding changes to eu legislation without delay and in close cooperation with the transport sector; ### 3. highlights that the european approach to ai technology should secure people’s trust , serve the public interest , and strengthen shared social responsibility and considers the development of trustworthy , ethically responsible and technically robust ai an important enabler for sustainable and smart mobility; in this regard , calls on the commission to promote uptake of ai in the transport sector and to propose , if necessary in order to uphold eu fundamental rights , corresponding changes to eu legislation without delay and in close cooperation with the transport sector;


### 4. underlines that explainability is essential to ensuring that citizens trust these technologies , even if the degree of explainability is relative to the complexity of the technologies , and that it should be complemented by auditability and traceability; ### 4. underlines that explainability is essential to ensuring that citizens trust these technologies , even if the degree of explainability is relative to the complexity of the technologies , and that it should be complemented by regulation and guidelines to ensure auditability and traceability;


### 6. affirms that possible bias in and discrimination by software , algorithms and data should be addressed by setting rules for the processes through which they are designed and used , as this approach would have the potential to turn software , algorithms and data into a considerable counterbalance to bias and discrimination , and a positive force for social change; ### 6. affirms that possible bias in and discrimination by software , algorithms and data should be addressed by setting rules for the processes through which they are designed and used , as this approach would have the potential to turn software , algorithms and data into a considerable counterbalance to bias and discrimination , and a positive force for equal rights and social change;


### ‘injury or harm’ means physical , emotional or mental injury , bias , discrimination or stigmatization , suffering caused by a lack of inclusivity and diversity , financial or economic loss , loss of employment or educational opportunity , undue restriction of freedom of choice , wrongful conviction , environmental harm and any infringement of union law that is detrimental to a person; ### ‘injury or harm’ means physical , psychological or mental injury , bias , discrimination or stigmatization , resulting in particular from a violation of inclusivity and diversity , financial or economic loss , loss of employment or educational opportunity , undue restriction of freedom of choice , wrongful conviction , environmental harm and any infringement of union law that is detrimental to a person;


### 2. in accordance with article 5(2) , where remote recognition technologies , such as biometric recognition , are deployed or used by member states’ public authorities for the purpose of responding to a national emergency , those authorities shall ensure that such deployment or use is limited to specific objectives , restricted in time and carried out with due regard for human dignity and the fundamental rights set out in the charter. ### 2. in accordance with article 5(2) , where remote recognition technologies , such as biometric recognition , are deployed or used by member states’ public authorities for the purpose of responding to a national emergency , those authorities shall ensure that such deployment or use is limited to specific objectives and locations (some establishments might be visited by the public and pose , by their nature , a high security risk to individuals and to the state) , restricted in time and carried out with due regard for human dignity and the fundamental rights set out in the charter.


### the commission shall keep under regular review the development of artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , and shall by [oj: please enter the date three years after entry into force] , and every three years thereafter , submit to the european parliament , the council and the european economic and social committee a report on the application of this regulation , including an assessment of the possible modification of the scope of application of this regulation. ### in conjunction with the european agency for artificial intelligence , robotics and related technologies , the commission shall keep under regular review the development of artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , and shall by [oj: please enter the date three years after entry into force] , and every three years thereafter , submit to the european parliament , the council and the european economic and social committee a report on the application of this regulation , including an assessment of the possible modification of the scope of application of this regulation.


### k. whereas each member state should establish a national supervisory authority responsible for ensuring , assessing and monitoring compliance , and for enabling discussion and exchange of points of view in close cooperation with the concerned stakeholders and the civil society; ### k. whereas each member state should establish a national supervisory authority responsible for ensuring , assessing and monitoring the compliance of the development , deployment and use of artificial intelligence , robotics and related technologies with these ethical principles; and to allow discussions and exchanges of views in close cooperation with stakeholders and civil society;


### l. whereas parliament continues to call for the establishment of a european agency to ensure a harmonised approach across the union and address the new opportunities and challenges , in particular those of a cross-border nature , arising from ongoing technological developments. ### l. whereas in order to ensure a harmonised approach across the union and the optimal functioning of the digital single market and to address the new opportunities and challenges , in particular those of a cross-border nature , arising from ongoing technological developments , parliament calls for the establishment of a european agency for artificial intelligence , robotics and related technologies.


### 12. highlights that the development , deployment and use of these technologies provide numerous opportunities for the achievement of the sustainable development goals outlined by the united nations; ### 12. acknowledges that the development , deployment and use of these technologies provide opportunities for the achievement of the sustainable development goals outlined by the united nations;


### 8. points to the fact that standardisation issues need to be addressed in all steps of the preparation process; calls for transparency and openness from all parties involved; highlights the need to ensure the high quality of the mandates issued by the commission and the necessity to provide clear guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a mandate or the cpr is found not to have been adhered to; considers it important to define the scope of the standards more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope; ### 8. points to the fact that standardisation issues need to be addressed in all steps of the preparation process , with a balanced representation of all stakeholders involved , including consumer organisations , occupational safety and health organisations , environmental groups and trade unions; calls for transparency and openness from all parties involved; highlights the need to ensure the high quality of the mandates issued by the commission and the necessity to provide clear guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a mandate or the cpr is found not to have been adhered to; considers it important to define the scope of the standards more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope;


### 14. calls on the commission to consider the possibility of including in the cpr minimum product requirements aimed at ensuring health and safety and protecting the environment and other public interests , thereby following the approach of nlf legislation , which has proven to be effective; ### 14. calls on the commission to include within the cpr essential product requirements aimed at ensuring health and safety of workers during construction , maintenance and demolition of construction works , with minimum product requirements in the cpr supported by implementing technical requirements protecting the environment , consumers and other public interests , thereby following the approach of nlf legislation , which has proven to be effective in the case of the ecodesign directive and associated implementing acts;


### 19. calls on the commission to adopt implementing acts under regulation (eu) 2019/1020 in order to determine the uniform conditions of checks , criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products , and to lay down benchmarks and techniques for checks on harmonised products , including construction products; ### 19. calls on the commission to adopt implementing acts under regulation (eu) 2019/1020 in order to determine the uniform conditions of checks , criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products , and to lay down benchmarks and techniques for checks on harmonised products , including construction products , taking inspiration from the verification procedure as legally defined in ecodesign implementing measures , and the ecodesign adco group collaboration among mss to optimise surveillance activities and dedication of resources;


### 20. considers it necessary for national market surveillance authorities responsible for construction products to cooperate closely with national building control authorities to ensure a nuanced approach in assessing the conformity of construction products used in construction works with the declared performance or intended use , as well as ensure their compliance with building regulations , thereby guaranteeing the safety and security of end-users; ### 20. considers it necessary for national market surveillance authorities responsible for construction products to cooperate closely with national building control authorities to ensure a nuanced approach in assessing the conformity of construction products used in construction works with the declared performance or intended use , as well as ensure their compliance with building regulations , thereby guaranteeing the safety and security of workers during the construction , maintenance , selective deconstruction , and the demolition of works where applicable , as well as end-users;


### 22. highlights the overall need for a transition to a sustainable and more circular economy in the sourcing and manufacturing of construction products and in their use in construction works; ### 22. highlights the overall need for a transition to a sustainable and more circular economy in the sourcing , manufacturing , maintenance , demolition and recycling of construction products and in their use in construction works;


### 24. calls on the commission to explore the relevance of incorporating certain requirements such as sustainability criteria into the harmonised standards under the cpr , so as to provide manufacturers with one single framework for the testing of products; stresses the importance of a proper assessment of the product categories to which such requirements would be relevant; highlights that such incorporation should not lead to an increase in the prices of construction products; ### 24. calls on the commission to introduce requirements such as environmental sustainability criteria into eu-level requirements under the cpr including as part of european standards , so as to provide manufacturers with one single framework for the testing of products; recalls that environmental requirements in the cpr such as basic requirement no. 3 "hygiene , health and environmental protection" has existed since 1989 and is still not implemented although it's preparatory work is quite extensive; recalls that basic requirement no. 7 "sustainable use of natural resources" of the cpr since 2011 is not even mandated; stresses the importance of a proper assessment of the product categories to which such sustainability requirements would be relevant; highlights that such incorporation will help create market conditions and scales of economy to control the costs of construction products;


### a. whereas article 45 tfeu stipulates that freedom of movement must entail the abolition of any discrimination based on nationality between workers of the member states as regards employment , remuneration and other conditions of work and employment; ### a. whereas article 45 tfeu stipulates that freedom of movement of workers must entail the abolition of any discrimination based on nationality between workers of the member states as regards employment , remuneration and other conditions of work and employment;


### b. whereas the free movement of workers , the freedom of establishment and the freedom to provide services are fundamental principles of the internal market; ### b. whereas the free movement of workers , the freedom of establishment and the freedom to provide services are fundamental principles of the internal market; whereas the free movement of services requires the free movement of workers; whereas the free movement of services must under no circumstances undermine workers’ rights and social protection; whereas the freedom of establishment should not be used to weaken social protection and promote social dumping;


### c. whereas the free movement of persons is essential to the european project , is of mutual benefit to both sending and host member states , and is also a prerequisite for achieving economic , social and territorial cohesion goals; whereas the eu does not currently use the full potential of intra-eu mobility; ### c. whereas the free movement of persons is essential to the european union , is of mutual benefit to both sending and host member states , and is also a prerequisite for achieving economic , social and territorial cohesion goals; whereas the eu does not currently use the full potential of intra-eu mobility; whereas economic freedoms should not grant undertakings the right to undermine , evade or circumvent national social and employment laws and practices;


### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry; ### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain; expresses deep concern that such further integration , coupled with initiatives such as , inter alia , pesco and the edf , creates the spectre of a permanent european war economy and entrenched military industrial complex;


### 2. emphasises that the commission’s evaluation reports concluded in 2016 that both directives have helped to open up the internal market for defence , but that much more progress is needed; calls for more up-to-date evaluations to be conducted; calls on the member states to fully implement both directives , and on the commission to ensure full and consistent enforcement; ### 2. notes that the commission’s evaluation reports concluded in 2016 that both directives have helped to open up the internal market for defence , and is concerned by this development; notes further that this development could further the goals of some within the european institutional establishment to create a common european defence; highlights that the eu does not need such a common defence policy and that such a common defence policy is enormously controversial , destructive and dangerous;


### 5. welcomes the provisions of the directive that aim to foster cooperative procurement in the field of defence , and calls on the member states to make use of all the cooperation possibilities offered by the directive , notably under the european defence industrial development programme (edidp) and the future european defence fund (edf); ### 5. notes the provisions of the directive that aim to foster cooperative procurement in the field of defence; recalls that the european defence fund creates a self-fulfilling and continuous loop between supply and demand for security and defence , funded with public money; underlines that the edf , the edidp and the padr are all efforts to turbo-charge the military industrial complex at the expense of public investment in areas such as health , social security , the fight against climate change , and education; stresses that these initiatives , along with other efforts that aim to promote further integration of the eu defence supply chain and thereby to produce and procure more arms and materiel more rapidly , will inevitably further militarise our relations with countries and regions beyond our borders , heightening tensions , accelerating conflicts and instability and undermining the security of the union; stresses that the scale and range of challenges we face as a species requires the redirection of resources away from militarism and towards people , and for much-increased international cooperation , assistance and solidarity;


### 6. encourages member states to systematically follow the commission’s 2018 recommendation on cross-border market access for sub-suppliers and smes , notably on translating tenders , announcing large procurement programmes in advance , or dividing them into smaller lots; ### deleted


### 8. underlines that a more coherent interpretation and consistent implementation of the eu common position on arms exports is needed in order to limit fragmentation of the eu’s internal defence market and ensure the eu’s credibility as a global actor; calls for action to address any loopholes which may exist among the ict directive , the common position and the dual-use regulation; underlines the necessity for prior authorisation before re-exporting products and components , given the discrepancies in the implementation of the common position; ### 8. recalls the eu’s oft-stated ambition to be a global actor for peace; emphasises that this ambition sits in stark contradiction to the goal of eu defence integration , married to massive increases in public funding for the arms industry and efforts to integrate the eu defence supply chain and open up the internal market for defence; emphasises that the latest sipri figures show that arms exports from the eu amounted to some 26% of the global total over the period 2015 to 2019 , making the eu collectively the second largest arms supplier in the world;


### 9. deplores the limited use of the general transfer licences (gtls); calls on member states to increase transparency by following more thoroughly the guidelines and recommendations issued by the commission on which products should be subject to the use of gtls; ### 9. calls on member states to increase transparency on all military expenditure;


### 10. stresses the importance of ensuring the accessibility of the certider online database and of making data systematically available on intra-eu arms transfers , in order to provide for meaningful scrutiny and to properly assess the implementation of the directive. ### 10. stresses the importance of ensuring the accessibility of the certider online database and of making data systematically available on intra-eu arms transfers , in order to provide for meaningful scrutiny.


### 7. calls on the member states to show full political will in ensuring the effective implementation of the directive’s provisions; ### 7. calls on the member states to show full political will for advancing disarmament and the creation of a europe that does not produce , export or procure arms;


### b. whereas gender inequalities and discrimination have been reproduced through the design , input and use of artificial intelligence (ai) systems; whereas incomplete datasets and incorrect bias can distort the reasoning of an ai system , and jeopardise gender equality in society; ### b. whereas artificial intelligence systems are increasingly being developed to be more human-like , which is also affected by our image of gender equality; whereas ai designers modify ai systems based on their own human perception and world of experience; whereas developers of artificial intelligence systems and applications often have a similar background , are mostly male , usually well-paid and have often completed the same technical training; whereas the proportion of women and minorities in the development of artificial intelligence systems is very low; whereas gender inequalities and discrimination have been reproduced through the design , input and use of artificial intelligence (ai) systems; whereas incomplete datasets and incorrect bias can distort the reasoning of an ai system , and jeopardise gender equality in society;


### c. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and ai-powered applications; whereas education , culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes; ### c. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and ai-powered applications; whereas gender stereotypes are repeated , especially in the gaming industry and in the use of digital sound assistants; whereas education , culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes;


### 2. stresses the need to address the ethical and legal issues raised by the use of ai such as the transparency and accountability of algorithms and the ownership , collection , use and dissemination of data; ### 2. stresses the need to address the ethical and legal issues raised by the use of ai such as the transparency and accountability of algorithms , which encompasses proof of non-discriminatory programming and integrated oversight in the form of human decision-making , and the ownership , collection , use and dissemination of data;


### 2. recalls that ai may give rise to biases and thus to various forms of discrimination; in this regard , recalls that everyone’s rights must be ensured and that ai initiatives that lead to discriminatory processes should not be allowed; ### 2. recalls that ai may give rise to biases and thus to various forms of discrimination; in this regard , recalls that everyone’s rights must be ensured and that ai initiatives that lead to discriminatory processes should not be allowed; emphasizes that ai technologies should aim at not reflecting any sort of profiling bias whether regarding any identity , race , age , colour , gender or sexuality or disability;


### 2. calls for policies targeted at increasing the participation of women in the fields related to science , technology , engineering and mathematics (stem) and ai , and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector; ### 2. calls for policies targeted at increasing the participation of women in the fields related to science , technology , engineering and mathematics (stem) and ai , and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector; and to promote a culture of workplaces in technology workplaces towards gender equality working conditions and working practices , which will also lead to the development of more gender-diverse and inclusive technology products and applications using artificial intelligence;


### 3. notes that ai-powered education brings a wide range of possibilities and opportunities , while at the same time posing risks regarding equal access to education and learning equalities; calls for the non-discriminatory use of ai in the education sector; recalls the risks and discrimination arising from recently developed ai tools used for school admission; ### 3. notes that ai-powered education brings a wide range of possibilities and opportunities , while at the same time posing risks regarding equal access to education and learning equalities; expresses its concerns about lacking telecommunication infrastructures in some regions across the european union , which limits the accessibility to the internet and calls on the commission to deploy sustained efforts in ameliorating telecommunication infrastructures , particularly with regards to the public education sector; calls for the non-discriminatory use of ai in the education sector; recalls the risks and discrimination arising from recently developed ai tools used for school admission;