### 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; calls for the non-discriminatory use of ai in the education sector; calls not to underestimate the digital gender gap and to take measures to remedy it; recalls the risks and discrimination arising from recently developed ai tools used for school admission;


### 4. stresses that the learning benefits of using ai in education will depend not on ai itself , but on how teachers use ai to meet the needs of both students and teachers; points out , therefore , the need for ai programmers to involve teachers in designing ai-sustainable solutions that are suitable for real-life educational environments; ### 4. stresses that the learning benefits of using ai in education will depend not on ai itself , but on how teachers working with expert advisers use ai in the digital learning environment to meet the needs of both students and teachers; points out , therefore , the need for ai programmers to involve teachers in designing ai-sustainable solutions that are suitable for real-life educational environments;


### 4. welcomes the commission’s plan to update the digital education action plan in order to make better use of data and ai-based technologies so as to make educational systems fit for the digital age; stresses that general public awareness of ai at all levels , including awareness of ai risks relating to privacy and bias , is essential for preparing everyone to make informed decisions; ### 4. welcomes the commission’s plan to update the digital education action plan in order to make better use of data and ai-based technologies so as to make educational systems fit for the digital age; stresses that general public awareness of ai at all levels , including awareness of ai risks relating to privacy and bias , is essential for preparing everyone to make informed decisions; recalls that educating the public to ensure proper skills should be viewed as a prerequisite before the widespread use of ai , especially for children and vulnerable peoples;


### 5. highlights , moreover , the need to train teachers so they can adapt to the realities of ai-powered education and acquire the necessary skills to use ai in a pedagogical and meaningful way; ### 5. highlights , moreover , the need to train teachers so they can use their specialist educational knowledge to help shape the realities of ai-powered education and acquire the necessary skills to use ai in a pedagogical and meaningful , non-discriminatory and culturally diverse way;


### 5. recalls that data protection and privacy can be particularly affected by ai; defends the principles established in the general data protection regulation as guiding principles for ai deployment; calls for stronger protection and safeguards in the education sector where children’s data are concerned; ### 5. recalls that data protection and privacy can be particularly affected by ai; defends the principles established in the general data protection regulation as guiding principles for ai deployment; calls for stronger protection and safeguards in the education sector where children’s data are concerned; recalls that children constitute a vulnerable public , which deserves particular attention and protection; strongly believes that ai technologies pose a risk regarding collection of individual data of students and teachers in particular , which could breach their human rights; recommends in this sense that audiovisual recording and monitoring devices should not be used in schools to collect data for ai-related purposes;


### 6. underlines the need for explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power; ### 6. underlines the need for explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power; urges the commission to ensure that systems and methods are in place to allow verification of the algorithm and access to remedies;


### 6. underlines the need for explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power; ### 6. underlines the need for full transparency and explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power;


### 7. calls on the commission to assess the risks of ai assisting the spread of disinformation in the digital environment and to propose recommendations , among others , for action against any ai-powered threats to free and fair elections and democracy; ### 7. calls on the commission to assess the risks of ai assisting the spread of disinformation and deep fakes in the digital environment;


### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general monitoring of the internet; ### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general monitoring of the internet; nor to the removal of material disseminated for education , journalistic , artistic or research purposes;


### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general monitoring of the internet; ### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression and information , and should not lead to a general monitoring of the internet;


### 16. suggests establishing a clear ethical framework for the use of ai in media to ensure access to culturally and linguistically diverse content at union level , based on accountable , transparent and inclusive algorithms; stresses , in that regard , that the framework should also address the misuse of ai to disseminate fake news and online misinformation; ### 16. suggests establishing a clear ethical framework based on non-discriminatory rights for the use of ai in media to ensure access to culturally and linguistically diverse content at union level , based on accountable , transparent and inclusive algorithms; stresses , in that regard , that the framework should also address the misuse of ai to disseminate fake news and online misinformation;


### a. whereas the services directive and the professional qualifications directive are key instruments for addressing the barriers to the free movement of services within the european union , but the potential of the single market for services is still largely untapped; ### deleted


### b. whereas services account for around 70 % of all economic activity in the eu and a similar proportion of its employment , while the share of services in intra-eu trade is only around 20 %; ### b. whereas services account for around 70 % of all economic activity in the eu and a similar proportion of its employment , while the share of services in intra-eu trade is estimated at around 20 %; whereas it should be noted that many service providers offer their services in another member state , by setting up local subsidiaries in that specific member state , having the advantage of offering their services closer to their clients; whereas , the economic activities of the local subsidiaries are not covered by the data on the share of services in the intra-eu trade;


### c. whereas studies show that the potential gains of completing the single market for services through effective implementation and better harmonisation of regulations could be at least eur 297 billion , corresponding to 2 % of eu gdp; ### c. whereas studies show that the potential gains of completing the single market for services through effective implementation and better harmonisation of regulations could be at least eur 297 billion , corresponding to 2 % of eu gdp; whereas a focus on financial gains neglects the necessity to ensure a good quality of services striving for sustainable and inclusive growth guaranteeing social rights , workers’ rights , consumer and environmental protection and access to health and safety;


### d. whereas the eu currently faces a recession and rising unemployment caused by the covid-19 pandemic , and completing the single market for services is thus a smart and effective way of creating economic growth without additional public spending; ### d. whereas the eu currently faces a recession and rising unemployment caused by the covid-19 pandemic; whereas the current crisis has shed light on and exacerbated existing short-comings in the protection of posted workers in the framework of the provision of services; whereas the commission guidelines on restoring freedom of movement under covid-19 have focused rather on the provision of safe services for citizens rather than also ensuring safe conditions for workers providing services;


### e. whereas a more integrated and interconnected services market is necessary to tackle climate change , create a sustainable economy , and unleash the full potential of the european green deal; ### e. whereas services can contribute to tackle climate change , to create a sustainable and just economy , and to unleash the full potential of the european green deal by striving for a socio-ecological just transition;


### 2. proposes that the digital services act include a regulation that establishes contractual rights as regards content management , lays down transparent , binding and uniform standards and procedures for content moderation , and guarantees accessible and independent recourse to judicial redress; ### 2. proposes that the digital services act include a regulation that establishes contractual rights as regards content management , lays down transparent , binding and uniform standards and procedures for content moderation , and guarantees rapid and simple recourse to judicial redress; proposes that digital service providers provide access to high-quality alternative dispute resolution meeting the criteria set out in directive 2013/11/eu (directive on alternative dispute resolution for consumer disputes);


### 3. considers that any final decision on the legality of user-generated content must be made by an independent judiciary and not a private commercial entity; ### 3. considers 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;


### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database; ### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; calls for the publication of comprehensive transparency reports , based on a consistent methodology and assessed on the basis of relevant performance indicators; further suggests that content hosting platforms publish their reasoned decisions on removing user-generated content on a publicly accessible database;;


### 7. recommends the establishment of independent dispute settlement bodies tasked with settling disputes regarding content moderation; ### 7. recommends the appointment or establishment of independent national bodies tasked with settling disputes regarding content moderation not settled in advance through the internal procedures of the content hosting platforms. in addition , the various parties can have direct recourse to justice;


### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of union legislation by member states. ### deleted


### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act; ### 8. takes the firm position that the digital services act must contain provisions forcing ‘online marketplace’ content hosting platforms to employ reasonable and proportionate proactive measures to prevent illegal content being published on their platforms , and considers that the mechanisms employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act and be subject to effective redress mechanisms;


### a. whereas digital services , being a cornerstone of the union’s economy and the livelihood of a large number of its citizens , need to be regulated in a way that balances central concerns like respect for fundamental rights and other rights of citizens , with the need to support development and economic progress; ### a. whereas digital services , being a cornerstone of the union’s economy and the livelihood of a large number of its citizens , need to be regulated in a way that guarantees fundamental rights and other rights; at the same time , such guarantees must allow for development and economic progress to be supported;


### e. whereas content hosting platforms evolved from involving the mere display of content into sophisticated bodies and market players , in particular in the case of social networks that harvest and exploit usage data; whereas users have reasonable grounds to expect fair terms for the usage of such platforms; ### e. whereas content hosting platforms evolved from involving the mere display of content into sophisticated bodies and market players , in particular in the case of social networks that optimise content which harvests and exploits usage data; whereas users have legitimate grounds and substantive rights to demand fair terms for the usage of such platforms;


### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; ### f. whereas content hosting platforms determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; whereas it is demonstrated that many illegal products and services are offered through online marketplaces , requiring action to be taken via the digital services act; whereas the digital services act must lay down clear obligations for online platforms and a special liability regime for online marketplaces;


### g. whereas upholding the law in the digital world does not only involve effective enforcement of rights , but also , in particular , ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedy; ### g. whereas upholding the law in the digital world does not only involve effective enforcement of rights , but also , in particular , ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies undermines the right to a fair trial and does not provide an effective remedy;


### - the proposal raises the question regarding aspects of data collection in contravention of fair contractual rights of users. ### - the proposal raises the question regarding aspects of data collection in contravention of fair contractual rights of users , data protection and online confidentiality rules.


### - it should provide formal and procedural standards for a notice and action system. ### - it should provide formal and procedural standards for a notice and removal system.


### - it should provide for an independent dispute settlement mechanism. ### - it should provide for an independent dispute settlement mechanism in accordance with the quality criteria laid down in directive 2013/11/eu (directive on alternative dispute resolution for consumer disputes) , without limiting access to judicial remedy;


### - it should fully respect union rules protecting personal data as well as fundamental rights. ### - it should fully respect union rules protecting personal data as well as fundamental rights and all applicable legislation.


### - working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions , as well as best practices in content moderation and implementing notice-and-action procedures; ### - working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions , as well as best practices in content moderation and implementing notice-and-removal procedures;


### - imposing fines for non-compliance with the digital services act. fines should be set at up to 4 % of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the digital services act. the fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the regulation. instances of non-compliance should include: ### - imposing fines for non-compliance with the digital services act. fines should be set at up to 4 % of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the digital services act. in the event of repeated infringement , the platform concerned may be banned from the european market. the fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the regulation. instances of non-compliance should include:


### - failure to implement the notice-and-action system provided for in the regulation; ### - failure to implement the notice-and-removal system provided for in the regulation;


### - information on the enforcement of terms and conditions. ### - information on the enforcement of terms and conditions and information on court decisions ordering the annulment and/or modification of terms and conditions of use considered unfair or illegal by an eu country.


### - include measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice , ### - include the effective enforcement of existing measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice ,


### (9) this regulation should not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante control of content. ### (9) this regulation should not contain provisions forcing passive content hosting platforms to employ any form of fully automated ex-ante control of content.


### (15) in order to ensure that users and notifiers to make use of referral to independent dispute settlement bodies as a first step , it must be emphasised that such referral should not preclude any subsequent court action. given that content hosting platforms which enjoy a dominant position on the market can particularly gain from the introduction of independent dispute settlement bodies , it is appropriate that they take responsibility for the financing of such bodies. ### (15) users and notifiers may , as a first step , make use of referral to independent dispute settlement bodies. it must be emphasised that such referral should not preclude any subsequent court action. given that content hosting platforms which enjoy a dominant position on the market can particularly gain from the introduction of independent dispute settlement bodies , it is appropriate that they take responsibility for the financing of such bodies by means of a levy on their turnover , and that the functioning of such bodies is entirely independent of these structures.


### (4) ‘content moderation’ means the practice of monitoring and applying a pre-determined set of rules and guidelines to user-generated content in order to ensure that the content complies with legal and regulatory requirements , community guidelines and terms and conditions , as well as any resulting measure taken by the platform , such as removal of the content or the deletion or suspension of the user’s account , be it through automated means or human operators; ### (4) ‘content moderation’ means the practice of monitoring and applying a pre-determined set of rules and guidelines to user-published content in order to ensure that the content complies with legal and regulatory requirements , community guidelines and terms and conditions , as well as any resulting measure taken by the platform , such as removal of the content or the deletion or suspension of the user’s account , be it through automated means or human operators;


### 2. following a notice , content hosting platforms shall decide to remove , take down or make invisible content that was the subject of a notice , if such content does not comply with legal and regulatory requirements , community guidelines or terms and conditions. ### 2. following a notice , content hosting platforms shall decide to remove , take down or make invisible content that was the subject of a notice , if such content does not comply with legal and regulatory requirements , community guidelines or terms and conditions. content hosting platforms must ensure that such content cannot reappear on their platform.


### 2. believes that it is in the eu’s and uk’s mutual interest to pursue an ambitious , wide-ranging and balanced relationship through the future agreement; ### 2. believes that it is in the eu’s and uk’s mutual interest to pursue an ambitious , wide-ranging and balanced relationship through the future agreement , that will maintain a high level of consumer protection and standards on both sides;


### 3. stresses that all eu institutions , businesses and citizens should be prepared for a new partnership with the uk at the end of the transition period; ### 3. stresses that all eu institutions , member states , businesses and citizens should be prepared for a new partnership with the uk at the end of the transition period;


### 3. notes that the cross-border and transnational programmes funded through interreg play a key role in encouraging cooperation between regions in different member states , and proposes that interreg programmes should remain open to the uk in future , provided that a financial contribution is made; ### 3. notes that the cross-border and transnational programmes funded through interreg play a key role in encouraging cooperation between regions and their citizens; would welcome any agreement which would allow northern ireland to participate in other eu programmes , in particular interreg , provided that a financial contribution is made; believes , however , that , as a third country , the entire uk cannot enjoy the same rights and benefits as a member state; proposes , therefore , that interreg programmes should remain open to the uk in future , provided that the uk commits itself to make a fair and appropriate financial contribution to the programme for its full length under the multiannual financial framework;


### 4. expresses concern about the progress of negotiations , including the cancellation of two negotiation rounds planned during the covid-19 confinement period as well as the resumption thereof as of 20 april; notes , that , according to the information received from the european commission’s task force for relations with the united kingdom , despite a first exchange on the issues of security , law enforcement and judicial cooperation in criminal matters , data protection and citizens’ rights , as well as irregular migration and asylum , that took place during the second round of the negotiations , no significant progress has been achieved; recalls that , pursuant to article 132 of the withdrawal agreement , the transition period may be extended by a single decision of the joint committee before 1 july 2020; takes into account that the uk government , during the second negotiation round , stressed its intention not to request an extension of the transition period; is deeply concerned about the chances of finalising negotiations on all the essential matters at stake by the end of the year , in view , notably , of the current context of the covid-19 pandemic and the slow progress achieved so far; calls on the negotiating partners to make every effort to advance on all areas of the negotiations in parallel , including the most difficult areas , and to adopt a comprehensive negotiating strategy; ### 4. expresses concern about the progress of negotiations , including the cancellation of two negotiation rounds planned during the covid-19 confinement period as well as the resumption thereof as of 20 april; notes , that , according to the information received from the european commission’s task force for relations with the united kingdom , despite a first exchange on the issues of security , law enforcement and judicial cooperation in criminal matters , data protection and citizens’ rights , as well as migration and asylum , that took place during the second round of the negotiations , no significant progress has been achieved; recalls that , pursuant to article 132 of the withdrawal agreement , the transition period may be extended by a single decision of the joint committee before 1 july 2020; takes into account that the uk government , during the second negotiation round , stressed its intention not to request an extension of the transition period; is deeply concerned about the chances of finalising negotiations on all the essential matters at stake by the end of the year , in view , notably , of the current context of the covid-19 pandemic and the slow progress achieved so far; calls on the negotiating partners to make every effort to advance on all areas of the negotiations in parallel , including the most difficult areas , and to adopt a comprehensive negotiating strategy;


### 7. considers that the envisaged partnership should include a level playing field in the areas of , in particular , state aid , passengers’ rights , social rights and environmental protection; ### 7. considers that the envisaged partnership should include a level playing field in the areas of , in particular , state aid , passengers’ rights , social rights and environmental protection; considers that the level playing field in the area of environmental protection should not prohibit taxation on a non-discrimination basis of aircraft fuel supplied to aircraft.


### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; ### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , workers' rights , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; notes in this regard the potential distortion of the economy in border areas in ireland by the absence of the full panoply of level playing field provisions , particularly with regard to labour and social standards;


### b. whereas any future-orientated liability framework has to strike a balance between efficiently protecting potential victims of harm or damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible; whereas ultimately , the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party; ### b. whereas the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party; whereas that framework cannot be subject to strictly profit-making considerations and whereas its objectives include the limitation of the hazardous nature of the products made available to the public;


### d. whereas the legal system of a member state can exclude liability for certain actors or can make it stricter for certain activities; whereas strict liability means that a party can be liable despite the absence of fault; whereas in many national tort laws , the defendant is held strictly liable if a risk materializes which that defendant has created for the public , such as in the form of cars or hazardous activities , or which he cannot control , like animals; ### d. whereas the legal system of a member state can adjust liability for certain actors or can make it stricter for certain activities; whereas strict liability means that a party can be liable despite the absence of fault; whereas in many national tort laws , the defendant is held strictly liable if a risk materializes which that defendant has created for the public , such as in the form of cars or hazardous activities , or which he cannot control , like animals;


### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , hunger and starvation); ### 1. considers that the challenge related to the introduction of ai-systems into society , particularly the public sphere; digital , judicial and financial interactions; the workplace or the medical sphere , is one of the most important questions on the current political agenda; whereas technologies based on ai could improve our lives in almost every sector , from the personal sphere (e.g. personalised education) and the professional sphere (by eliminating repetitive tasks) to global challenges (e.g. climate change and nutrition);


### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal legal framework based on common principles seems necessary to establish equal standards across the union and effectively protect our european values; ### 2. firmly believes that in order to prevent potential misuses of ai systems , such systems must be governed across the eu by legislation which is future-proof and based on principles such as those set out in the eu charter of fundamental rights and the report with recommendations to the commission on an ethical framework for artificial intelligence , robotics and related technologies1a; is of the opinion that a horizontal legal framework based on these common principles is necessary to establish equal standards across the union and effectively protect our european values; _____________ 1a 2020/2012 (inl)


### 4. firmly believes that the new common rules for ai-systems should only take the form of a regulation; considers that the question of liability in cases of harm or damage caused by an ai-system is one of the key aspects to address within this framework; ### 4. considers that the question of liability in cases of harm or damage caused by an ai-system is a key aspect of this harmonisation and that it must therefore be dealt with in the framework of a regulation;


### 5. believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity , connectivity , opacity , vulnerability and autonomy of ai-systems nevertheless represent a significant challenge; considers that specific adjustments are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation; ### 5. believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity , connectivity , opacity , vulnerability and autonomy of ai-systems nevertheless represent a significant challenge; considers that specific adjustments are necessary to avoid a situation in which persons who suffer physical , psychological or mental harm or whose property is damaged end up without compensation;


### 6. emphasises the need to guarantee the same level of product safety as that currently existing , to ease the remedy to victims of accidents , to avoid increasing current litigation costs; and to avoid legal uncertainty , especially for businesses that are marketing their products in the eu and globally; ### 6. emphasises the need to guarantee at least the same level of product safety as that currently existing , to ease the remedy to victims of accidents , to avoid increasing current litigation costs; and to avoid legal uncertainty , especially for businesses that are marketing their products in the eu and globally;


### 8. notes that there is a need to deploy event recorders for use in the event of severe accidents , in full respect of data protection and privacy law; ### 8. notes that there is a need to deploy event recorders for use in the event of severe accidents , in full respect of data protection and privacy law; these recorders should in no circumstances be usable/used as permanent tracing systems , therefore data collected must be deleted in the determined and strictly limited timeframe;


### 10. opines that liability rules involving the deployer should in principle cover all operations of ai-systems , no matter where the operation takes place and whether it happens physically or virtually; remarks that operations in public spaces that expose many third persons to a risk constitute , however , cases that require further consideration; considers that the potential victims of harm or damage are often not aware of the operation and regularly do not have contractual liability claims against the deployer; notes that when harm or damage materialises , such third persons would then only have a fault-liability claim , and they might find it difficult to prove the fault of the deployer of the ai-system; ### 10. opines that liability rules involving the deployer should cover all operations of ai-systems , no matter where the operation takes place and whether it happens physically or virtually; remarks that operations in public spaces that expose many third persons to a risk constitute , however , cases that require further consideration; considers that the potential victims of harm or damage are often not aware of the operation and regularly do not have contractual liability claims against the deployer; notes that when harm or damage materialises , such third persons would then only have a fault-liability claim , and they might find it difficult to prove the fault of the deployer of the ai-system;


### 11. considers it appropriate to define the deployer as the person who decides on the use of the ai-system , who exercises control over the risk and who benefits from its operation; considers that exercising control means any action of the deployer that affects the manner of the operation from start to finish or that changes specific functions or processes within the ai-system; ### 11. considers it appropriate to define the deployer as the natural or legal person involved in placing on the market the ai system or making it available to users , safeguarding its availability or management and monitoring the system; considers that exercising control means any action of the deployer that affects the manner of the operation from start to finish or that changes specific functions or processes within the ai-system;


### g. whereas sound ethical standards for ai-systems combined with solid and fair compensation procedures can help to address those legal challenges; whereas fair liability procedures means that each person who suffers harm caused by ai-systems or whose property damage is caused by ai-systems should have the same level of protection compared to cases without involvement of an ai-system. ### g. whereas sound ethical standards for ai-systems combined with solid and fair compensation procedures can help to address those legal challenges; whereas fair liability procedures means that each person who suffers tangible or intangible harm caused by ai-systems should have the same level of protection compared to cases without involvement of an ai-system;


### 14. believes that an ai-system presents a high risk when its autonomous operation involves a significant potential to cause harm to one or more persons , in a manner that is random and impossible to predict in advance; considers that the significance of the potential depends on the interplay between the severity of possible harm , the likelihood that the risk materializes and the manner in which the ai-system is being used; ### 14. believes that an ai-system presents a high risk when its autonomous operation involves a significant potential to cause physical , psychological or mental harm to one or more persons , in a manner that is random and impossible to predict in advance; considers that the significance of the potential depends on the interplay between the severity of possible harm , the likelihood that the risk materializes and the manner in which the ai-system is being used;


### 15. recommends that all high-risk ai-systems be listed in an annex to the proposed regulation; recognises that , given the rapid technological change and the required technical expertise , it should be up to the commission to review that annex every six months and if necessary , amend it through a delegated act; believes that the commission should closely cooperate with a newly formed standing committee similar to the existing standing committee on precursors or the technical committee on motor vehicles , which include national experts of the member states and stakeholders; considers that the balanced membership of the ‘high-level expert group on artificial intelligence’ could serve as an example for the formation of the group of stakeholders; ### 15. recommends that all high-risk ai-systems be listed in an annex to the proposed regulation; recognises that , given the rapid technological change and the required technical expertise , it should be up to the commission to review that annex every six months and if necessary , amend it through a delegated act; believes that the commission should closely collaborate with the newly-established european agency for artificial intelligence;


### 16. believes that in line with strict liability systems of the member states , the proposed regulation should only cover harm to the important legally protected rights such as life , health , physical integrity and property , and should set out the amounts and extent of compensation as well as the limitation period; ### 16. believes that in line with strict liability systems of the member states , the proposed regulation should cover tangible and intangible harm to the most important legally protected rights such as life , health , physical , psychological and mental integrity and property , and should set out an indicative amount and extent of compensation as well as the limitation period;


### 18. considers the liability risk to be one of the key factors that defines the success of new technologies , products and services; observes that proper risk coverage is also essential for assuring the public that it can trust the new technology despite the potential for suffering harm or for facing legal claims by affected persons; ### 18. considers that this liability regime , which guarantees full compensation for any harm caused by ai systems , means that their developers and producers must pay greater attention to the security of those systems; points out that full risk coverage is essential for assuring the public that it can trust the new technology;


### 20. believes that a european compensation mechanism , funded with public money , is not the right way to fill potential insurance gaps; considers that bearing the good experience with regulatory sandboxes in the fintech sector in mind , it should be up to the insurance market to adjust existing products or create new insurance cover for the numerous sectors and various different technologies , products and services that involve ai-systems; ### 20. believes that it is up to insurers to adjust existing products or create new insurance cover for the numerous sectors and various different technologies , products and services that involve ai-systems;


### - there should be no over-regulation as this would hamper european innovation in ai , especially if the technology , product or service is developed by smes or start-ups. ### deleted


### - instead of replacing the well-functioning existing liability regimes , we should make a few specific adjustments by introducing new and future-orientated ideas. ### - instead of replacing the well-functioning existing liability regimes , we should make specific adjustments by introducing ideas which are legally operational and adapted to the specificities of ai systems;


### (1) the concept of ‘liability’ plays an important double role in our daily life: on the one hand , it ensures that a person who has suffered harm or damage is entitled to claim compensation from the party proven to be liable for that harm or damage , and on the other hand , it provides the economic incentives for persons to avoid causing harm or damage in the first place. any liability framework should strive to strike a balance between efficiently protecting potential victims of damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible. ### (1) the concept of ‘liability’ plays an important double role in our daily life: on the one hand , it ensures that a person who has suffered harm or damage is entitled to claim compensation from the party proven to be liable for that harm or damage , and on the other hand , it provides the economic incentives for persons to avoid causing harm or damage in the first place.


### (4) at this point , it is important to point out that the advantages of deploying ai-systems will by far outweigh the disadvantages. they will help to fight climate change more effectively , to improve medical examinations , to better integrate disabled persons into the society and to provide tailor-made education courses to all types of students. to exploit the various technological opportunities and to boost people’s trust in the use of ai-systems , while at the same time preventing harmful scenarios , sound ethical standards combined with solid and fair compensation is the best way forward. ### (4) it seems reasonable to expect that the advantages of deploying ai-systems will outweigh their disadvantages. they will help to fight climate change more effectively , to improve medical examinations , to better integrate disabled persons into the society and to provide tailor-made education courses to all types of students. to exploit the various technological opportunities and to boost people’s trust in the use of ai-systems , while at the same time preventing harmful scenarios , sound ethical standards combined with solid and fair compensation is the best way forward.


### (5) any discussion about required changes in the existing legal framework should start with the clarification that ai-systems have neither legal personality nor human conscience , and that their sole task is to serve humanity. many ai-systems are also not so different from other technologies , which are sometimes based on even more complex software. ultimately , the large majority of ai-systems are used for handling trivial tasks without any risks for the society. there are however also ai-systems that are deployed in a critical manner and are based on neuronal networks and deep-learning processes. their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. a deployer of such an ai-system might for instance argue that the physical or virtual activity , device or process causing the harm or damage was outside of his or her control because it was caused by an autonomous operation of his or her ai-system. the mere operation of an autonomous ai-system should at the same time not be a sufficient ground for admitting the liability claim. as a result , there might be liability cases in which a person who suffers harm or damage caused by an ai-system cannot prove the fault of the producer , of an interfering third party or of the deployer and ends up without compensation. ### (5) any discussion about required changes in the existing legal framework should start with the clarification that ai-systems have neither legal personality nor human conscience , and that their sole task is to serve humanity. many ai-systems are also not so different from other technologies , which are sometimes based on even more complex software. ultimately , the large majority of ai-systems are used for handling trivial tasks without any risks for the society. there are however also ai-systems that are deployed in a critical manner and are based on neuronal networks and deep-learning processes. their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. a deployer of such an ai-system might for instance argue that the physical or virtual activity , device or process causing the harm or damage was outside of his or her control because it was caused by an autonomous operation of his or her ai-system. as a result , there might be liability cases in which a person who suffers harm or damage caused by an ai-system cannot prove the fault of the producer , of an interfering third party or of the deployer and ends up without compensation.


### (10) this regulation should cover in principle all ai-systems , no matter where they are operating and whether the operations take place physically or virtually. the majority of liability claims under this regulation should however address cases of third party liability , where an ai-system operates in a public space and exposes many third persons to a risk. in that situation , the affected persons will often not be aware of the operating ai-system and will not have any contractual or legal relationship towards the deployer. consequently , the operation of the ai-system puts them into a situation in which , in the event of harm or damage being caused , they only have fault-based liability claims against the deployer of the ai-system , while facing severe difficulties to prove fault on the part of the deployer. ### (10) this regulation should cover in principle all ai-systems , no matter where they are operating and whether the operations take place physically or virtually. the majority of liability claims under this regulation should however address cases of third party liability , where an ai-system exposes many third persons to a risk. in that situation , the affected persons will often not be aware of the operating ai-system and will not have any contractual or legal relationship towards the deployer. consequently , the operation of the ai-system puts them into a situation in which , in the event of harm or damage being caused , they only have fault-based liability claims against the deployer of the ai-system , while facing severe difficulties to prove fault on the part of the deployer.


### (12) all ai-systems with a high risk should be listed in an annex to this regulation. given the rapid technical and market developments as well as the technical expertise which is required for an adequate review of ai-systems , the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend this regulation in respect of the types of ai-systems that pose a high risk and the critical sectors where they are used. based on the definitions and provisions laid down in this regulation , the commission should review the annex every six months and , if necessary , amend it by means of delegated acts. to give businesses enough planning and investment security , changes to the critical sectors should only be made every 12 months. developers are called upon to notify the commission if they are currently working on a new technology , product or service that falls under one of the existing critical sectors provided for in the annex and which later could qualify for a high risk ai-system. ### (12) all ai-systems with a high risk should be listed , in a way which does not claim to be exhaustive , in an annex to this regulation. given the rapid technical and market developments as well as the technical expertise which is required for an adequate review of ai-systems , the power to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend this regulation in respect of the types of ai-systems that pose a high risk and the critical sectors where they are used. based on the definitions and provisions laid down in this regulation , the commission should review the annex every six months and , if necessary , amend it by means of delegated acts. developers are called upon to notify the commission if they are currently working on a new technology , product or service that falls under one of the existing critical sectors provided for in the annex and which later could qualify for a high risk ai-system.


### (13) it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making4 . a standing committee called 'technical committee – high-risk ai-systems' (tcrai) should support the commission in its review under this regulation. that standing committee should comprise representatives of the member states as well as a balanced selection of stakeholders , including consumer organisation , businesses representatives from different sectors and sizes , as well as researchers and scientists. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups as well as the standing tcrai-committee , when dealing with the preparation of delegated acts. ### (13) it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making4 . within the newly-established european agency for artificial intelligence , a standing committee called 'technical committee – high-risk ai-systems' (tcrai) should contribute to the review provided for in this regulation. that standing committee should comprise representatives of the member states as well as a balanced selection of stakeholders , including consumer organisation , businesses representatives from different sectors and sizes , as well as researchers and scientists. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups as well as the standing tcrai-committee , when dealing with the preparation of delegated acts.


### (14) in line with strict liability systems of the member states , this regulation should cover only harm or damage to life , health , physical integrity and property. for the same reason , it should determine the amount and extent of compensation , as well as the limitation period for bringing forward liability claims. in contrast to the product liability directive , this regulation should set out a significantly lower ceiling for compensation , as it only refers to a single operation of an ai-system , while the former refers to a number of products or even a product line with the same defect. ### (14) in line with strict liability systems of the member states , this regulation should cover only harm or damage to life , health , physical , psychological and mental integrity and property.


### (15) all physical or virtual activities , devices or processes driven by ai-systems that are not listed as a high-risk ai-system in the annex to this regulation should remain subject to fault-based liability. the national laws of the member states , including any relevant jurisprudence , with regard to the amount and extent of compensation as well as the limitation period should continue to apply. a person who suffers harm or damage caused by an ai-system should however benefit from the presumption of fault of the deployer. ### (15) all physical or virtual activities , devices or processes driven by ai-systems that are not listed as a high-risk ai-system in the annex to this regulation should remain subject to fault-based liability , unless the court of justice of the european union decides otherwise. the national laws of the member states , including their relevant jurisprudence , with regard to the amount and extent of compensation as well as the limitation period should continue to apply. a person who suffers harm or damage caused by an ai-system should however benefit from the presumption of fault of the deployer.


### (18) the legislator has to consider the liability risks connected to ai-systems during their whole lifecycle , from development to usage to end of life. the inclusion of ai-systems in a product or service represents a financial risk for businesses and consequently will have a heavy impact on the ability and options for small and medium-sized enterprises (sme) as well as for start-ups in relation to insuring and financing their projects based on new technologies. the purpose of liability is , therefore , not only to safeguard important legally protected rights of individuals but also a factor which determines whether businesses , especially smes and start-ups , are able to raise capital , innovate and ultimately offer new products and services , as well as whether the customers are willing to use such products and services despite the potential risks and legal claims being brought against them. ### (18) the legislator has to consider the liability risks connected to ai-systems during their whole lifecycle , from development to usage to end of life. the inclusion of ai-systems in a product or service represents a financial risk for businesses and consequently will have a heavy impact on the ability and options for small and medium-sized enterprises (sme) as well as for start-ups in relation to insuring and financing their projects based on new technologies.


### (19) insurance can help to ensure that victims can receive effective compensation as well as to pool the risks of all insured persons. one of the factors on which insurance companies base their offer of insurance products and services is risk assessment based on access to sufficient historical claim data. a lack of access to , or an insufficient quantity of high quality data could be a reason why creating insurance products for new and emerging technologies is difficult at the beginning. however , greater access to and optimising the use of data generated by new technologies will enhance insurers’ ability to model emerging risk and to foster the development of more innovative cover . ### deleted


### (20) despite missing historical claim data , there are already insurance products that are developed area-by-area and cover-by-cover as technology develops. many insurers specialise in certain market segments (e.g. smes) or in providing cover for certain product types (e.g. electrical goods) , which means that there will usually be an insurance product available for the insured. if a new type of insurance is needed , the insurance market will develop and offer a fitting solution and thus , will close the insurance gap. in exceptional cases , in which the compensation significantly exceeds the maximum amounts set out in this regulation , member states should be encouraged to set up a special compensation fund for a limited period of time that addresses the specific needs of those cases. ### (20) despite missing historical claim data , there are already insurance products that are developed area-by-area and cover-by-cover as technology develops. many insurers specialise in certain market segments (e.g. smes) or in providing cover for certain product types (e.g. electrical goods) , which means that there will usually be an insurance product available for the insured. if a new type of insurance is needed , the insurance market will develop and offer a fitting solution and thus , will close the insurance gap.


### (22) since the objectives of this regulation , namely to create a future-orientated and unified approach at union level , which sets common european standards for our citizens and businesses and to ensure the consistency of rights and legal certainty throughout the union , in order to avoid fragmentation of the digital single market , which would hamper the goal of maintaining digital sovereignty and of fostering digital innovation in europe , require that the liability regimes for ai-systems are fully harmonized. since this cannot be sufficiently achieved by the member states due to the rapid technological change , the cross-border development as well as the usage of ai-systems and eventually , the conflicting legislative approaches across the union , but can rather , by reason of the scale or effects of the action , be achieved at union level. the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve these objectives , ### (22) since the objectives of this regulation , namely to create a unified approach grounded in the principle of product safety and reliability , which sets common european standards for our citizens and businesses and to ensure the consistency of rights and legal certainty throughout the union , in order to avoid fragmentation of the digital single market , which would hamper the goal of maintaining digital sovereignty and of fostering digital innovation in europe , require that the liability regimes for ai-systems are fully harmonized. since this cannot be sufficiently achieved by the member states due to the rapid technological change , the cross-border development as well as the usage of ai-systems and eventually , the conflicting legislative approaches across the union , but can rather , by reason of the scale or effects of the action , be achieved at union level. the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve these objectives ,


### 1. this regulation applies on the territory of the union where a physical or virtual activity , device or process driven by an ai-system has caused harm or damage to the life , health , physical integrity or the property of a natural or legal person. ### 1. this regulation applies on the territory of the union where a physical or virtual activity , device or process driven by an ai-system has caused harm or damage to the life , health , physical , mental or moral integrity or the property of a natural or legal person.


### ‘deployer’ means the person who decides on the use of the ai-system , exercises control over the associated risk and benefits from its operation; ### ‘deployer’ means the natural or legal person involved in placing the ai system on the market or making it available to users as well as managing and using it;


### ‘harm or damage’ means an adverse impact affecting the life , health , physical integrity or property of a natural or legal person , with the exception of non-material harm; ### ‘harm or damage’ means an adverse impact affecting the life , health , physical , mental or moral integrity or property of a natural or legal person;


### 2. the high-risk ai-systems as well as the critical sectors where they are used shall be listed in the annex to this regulation. the commission is empowered to adopt delegated acts in accordance with article 13 , to amend the exhaustive list in the annex , by: ### 2. the high-risk ai-systems as well as the critical sectors where they are used shall be listed in the annex to this regulation. the commission is empowered to adopt delegated acts in accordance with article 13 , to amend the list in the annex , by:


### up to a maximum total amount of eur ten million in the event of death or of harm caused to the health or physical integrity of one or several persons as the result of the same operation of the same high-risk ai-system; ### up to a maximum total amount of eur ten million in the event of death or of harm caused to the health or physical or mental integrity of one or several persons as the result of the same operation of the same high-risk ai-system;


### up to a maximum total amount of eur two million in the event of damage caused to property , including when several items of property of one or several persons were damaged as a result of the same operation of the same high-risk ai-system; where the affected person also holds a contractual liability claim against the deployer , no compensation shall be paid under this regulation if the total amount of the damage to property is of a value that falls below eur 500. ### up to a maximum total amount of eur two million in the event of damage – or moral prejudice – caused to property , including when several items of property of one or several persons were damaged as a result of the same operation of the same high-risk ai-system; where the affected person also holds a contractual liability claim against the deployer , no compensation shall be paid under this regulation if the total amount of the damage to property is of a value that falls below eur 500.


### 2. where the combined compensation to be paid to several persons who suffer harm or damage caused by the same operation of the same high-risk ai-system exceeds the maximum total amounts provided for in paragraph 1 , the amounts to be paid to each person shall be reduced pro-rata so that the combined compensation does not exceed the maximum amounts set out in paragraph 1. ### deleted


### 2. within the amount set out in article 5(1)(b) , compensation to be paid by the deployer held liable in the event of harm to the health or the physical integrity of the affected person shall include the reimbursement of the costs of the related medical treatment as well as the payment for any pecuniary prejudice sustained by the affected person , as a result of the temporary suspension , reduction or permanent cessation of his or her earning capacity or the consequent , medically certified increase in his or her needs. ### 2. within the amount set out in article 5(1)(b) , compensation to be paid by the deployer held liable in the event of harm to the health or the physical or mental integrity of the affected person shall include the reimbursement of the costs of the related medical treatment as well as the payment for any pecuniary prejudice sustained by the affected person , as a result of the temporary suspension , reduction or permanent cessation of his or her earning capacity or the consequent , medically certified increase in his or her needs.


### 2. emphasises the importance of ensuring sufficient resources for the coordination and surveillance of macroeconomic policies as well transparent communication to eu citizens; ### 2. emphasises the importance of transparent communication with eu citizens on the eu’s economic and monetary policies;


### 2. emphasises the importance of ensuring sufficient resources for the coordination and surveillance of macroeconomic policies as well transparent communication to eu citizens; ### 2. emphasises the importance of ensuring sufficient resources for the coordination of balanced and symmetric macroeconomic policies as well transparent communication to eu citizens;


### 3. calls for adequate resources for the european supervisory authorities (esas) in view of their new tasks; underlines that the esas should continue to increase their efficiency without compromising on the quality of their work with a focus on continuous re-assessment of working methods and of effective use of human and financial resources; emphasises that the esas must stick to the tasks and to the mandate assigned to them by the european legislator; ### 3. calls for adequate resources for the european supervisory authorities (esas) in view of their new tasks; underlines that the esas should continue to increase their efficiency without compromising on the quality of their work with a focus on continuous re-assessment of working methods , transparency and effective use of human and financial resources; emphasises that the esas must stick to the tasks and to the mandate assigned to them by the european legislator with full respect for member states’ national authorities and democratic bodies;


### 4. emphasises that funding to accounting entities and tax authorities should continue; ### 4. emphasises that funding to accounting entities and tax authorities should be strengthened , namely with the aim of fighting tax fraud , evasion and dumping;


### 1. calls for the 2020 budget to contribute to the fulfilment of the priorities outlined in the european semester , namely to deliver high-quality investment and reforms that increase productivity growth , continuing to ensure macro-financial stability and sound public finances , and deepening the single market , as well as the completion of the economic and monetary union (emu); ### 1. calls for the 2020 budget and the funding allocated to the european union’s economic and monetary policy to contribute to achieving full employment , eradicating fraud and tax evasion and reducing inequalities;


### 1. calls for the 2020 budget to contribute to the fulfilment of the priorities outlined in the european semester , namely to deliver high-quality investment and reforms that increase productivity growth , continuing to ensure macro-financial stability and sound public finances , and deepening the single market , as well as the completion of the economic and monetary union (emu); ### 1. calls for the 2020 budget to contribute to balanced macroeconomic policies , namely to reduce socio-economic disparities in the union and its member states , to deliver high-quality investment and reforms that increase productivity growth , to ensure macro-financial stability and sound public finances , to promote cohesion and address macroeconomic imbalances , to respond to the climate change crisis , as well as to address the structural flaws of the economic and monetary union (emu);


### (6) regulation (eu) 2016/64621 introduced the dates of application of the rde test procedure , as well as the compliance criteria for rde. for that purpose , pollutant-specific conformity factors were used to take account of statistical and technical uncertainties of the measurements conducted by means of portable emission measurement systems (pems). ### (6) regulation (eu) 2016/64621 introduced the dates of application of the rde test procedure , as well as the compliance criteria for rde. for that purpose , pollutant-specific conformity factors were introduced , and separate error margins were used to take account of statistical and technical uncertainties of the measurements conducted by means of portable emission measurement systems (pems).


### (7) on 13 december 2018 , the general court delivered judgment in joined cases t-339/16 , t-352/16 and t-391/1622 concerning an action for annulment of regulation (eu) 2016/646. the general court annulled the part of regulation (eu) 2016/646 which established the conformity factors used to assess compliance of rde test results with the emission limits laid down in regulation (ec) no 715/2007. the court found that only the legislator could introduce those conformity factors as they touched upon an essential element of regulation (ec) no 715/2007. ### (7) on 13 december 2018 , the general court delivered judgment in joined cases t-339/16 , t-352/16 and t-391/1610concerning an action for annulment of regulation (eu) 2016/646. the general court annulled the part of regulation (eu) 2016/646 which established the conformity factors and error margins used to assess compliance of rde test results with the emission limits laid down in regulation (ec) no 715/2007. the court found that only the legislator could introduce those conformity factors and error margins as they touched upon an essential element of regulation (ec) no 715/2007.


### (8) the general court did not question the technical justification of the conformity factors. therefore , and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory , it is appropriate to introduce the conformity factors into regulation (ec) no 715/2007. ### (8) the general court did not question the technical justification of the conformity factors and error margins. therefore , and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory , it is appropriate to introduce the same conformity factors and error margins into regulation (ec) no 715/2007.


### (9) in order to allow manufacturers to comply with the euro 6 emission limits in the context of rde test procedure , the compliance criteria for rde should be introduced in two steps. during the first step , upon the request of the manufacturer , a temporary conformity factor should apply , while as a second step only the final conformity factor should be used. the commission should keep under review the final conformity factors in light of technical progress. ### (9) in order to allow manufacturers to comply with the euro 6 emission limits in the context of rde test procedure , the compliance criteria for rde should be introduced in two steps. during the first step , upon the request of the manufacturer , a temporary conformity factor should apply , while as a second step only the final conformity factor should be used. the commission should keep under review the error margin in light of technical progress of the portable emission measurement system (pems).


### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfue) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in pems and recalibrating the particulate mass based limit values and introducing particle number based limit values. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states’ experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfue) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the error margins to reflect technical progress in pems. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfue) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the final conformity factors downwards to reflect technical progress in pems and recalibrating the particulate mass based limit values and introducing particle number based limit values. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (11) in order to contribute to the achievement of the union’s air quality objectives and to reduce vehicle emissions , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (tfeu) should be delegated to the commission in respect of the detailed rules on the specific procedures , tests and requirements for type approval. that delegation should include supplementing regulation (ec) no 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems. the delegation should further include amending regulation (ec) no 715/2007 for the purposes of revising the error margins to reflect technical progress in pems. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations are conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### those obligations include meeting the emission limits set out in annex i. for the purposes of determining compliance with the euro 6 emission limits set out in table 2 of annex i , the emission values determined during any valid real driving emissions (rde) test shall be divided by the applicable conformity factor set out in table 2a of annex i. the result shall remain below the euro 6 emission limits set out in table 2 of that annex.; ### those obligations include complying with the emission limits set out in annex i. for the purposes of determining compliance with the euro 6 emission limits set out in table 2 of annex i , the emission values determined during any valid real driving emissions (rde) test shall be divided by the applicable conformity factor or , where specified , by the sum of the applicable conformity factor and error margin set out in table 2a of annex i. the result shall comply with the euro 6 emission limits set out in table 2 of that annex.”;


### those obligations include meeting the emission limits set out in annex i. for the purposes of determining compliance with the euro 6 emission limits set out in table 2 of annex i , the emission values determined during any valid real driving emissions (rde) test shall be divided by the applicable conformity factor set out in table 2a of annex i. the result shall remain below the euro 6 emission limits set out in table 2 of that annex.; ### those obligations include complying with the emission limits set out in annex i. for the purposes of determining compliance with the euro 6 emission limits set out in table 2 of annex i , the emission values determined during any valid real driving emissions (rde) test shall be divided by the applicable conformity factor or , where specified , by the sum of the applicable conformity factor and error margin set out in table 2a of annex i. the result shall comply with the euro 6 emission limits set out in table 2 of that annex.;


### 2. the commission is empowered to adopt delegated acts in accordance with article 14a in order to adopt the following measures based on the results of the unece particulate measurement programme , conducted under the auspices of the world forum for harmonisation of vehicle regulations , without lowering the level of environmental protection within the union: ### deleted


### amending this regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in table 2a to annex i.; ### amending this regulation in order to revise the pollutant-specific error margins set out in table 2a to annex i in light of technical progress by taking into account the technical uncertainties linked with the use of portable emission measurement systems (pems).;


### amending this regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in table 2a to annex i.; ### amending this regulation in order to adapt to technical progress the pollutant specific margin of error set out in table 2a to annex i.;


### amending this regulation in order to adapt to technical progress the pollutant-specific final conformity factors set out in table 2a to annex i.; ### amending this regulation in order to revise the pollutant-specific margin of error set out in table 2a to annex i in light of technical progress by taking into account the technical uncertainties linked with the use of portable emission measurement systems (pems);


### cf pollutant-final (2) ### 1 ,43


### cf pollutant-temp (3) ### 2 ,1


### (4) in the absence of legislation at union level , diverging national approaches to improving the environmental sustainability of products have already emerged , ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. this is an indication that further national efforts to achieve the aims pursued by this regulation will likely lead to further fragmentation of the internal market. therefore , in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection , there is a need for a regulatory framework to progressively introduce ecodesign requirements for products. this regulation will , by making the ecodesign approach initially set out in directive 2009/125/ec of the european parliament and of the council29applicable to the broadest possible range of products , provide such a framework. ### (4) in the absence of legislation at union level , diverging national approaches to improving the environmental sustainability of products have already emerged , ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. this is an indication that further national efforts to achieve the aims pursued by this regulation will likely lead to further fragmentation of the internal market. therefore , in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection , there is a need for an ambitious regulatory framework to progressively introduce ecodesign requirements for products. this regulation will , by making the ecodesign approach initially set out in directive 2009/125/ec of the european parliament and of the council29 applicable to the broadest possible range of products , provide such a framework.


### 1. member states incentives relating to products covered by a delegated act adopted pursuant to article 4 that determines classes of performance in accordance with article 7(4) , in relation to a product parameter referred to in annex i , shall concern the highest two classes of performance that are populated at union level or , where relevant , products with an eu ecolabel , unless otherwise specified in that delegated act. ### 1. member states incentives relating to products covered by a delegated act adopted pursuant to article 4 that determines classes of performance in accordance with article 7(4) , in relation to a product parameter referred to in annex i , shall concern the highest two classes of performance that are populated at union level or , where relevant , products with an eu ecolabel , and other officially recognised type 1 ecolabels (iso 14024) , unless otherwise specified in that delegated act.


### green public procurement ### green and socially responsible public procurement


### 1. requirements pursuant to article 4 , third subparagraph , point (h) for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3(1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### 1. requirements pursuant to article 4 , third subparagraph , point (h) for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3(1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , shall take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate.


### the need to ensure sufficient demand for more environmentally sustainable products; ### the need to ensure sufficient demand for more environmentally and socially sustainable products;


### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , without entailing disproportionate costs. ### the economic feasibility for contracting authorities or contracting entities to buy more environmentally and socially sustainable products , without entailing disproportionate costs.


### evaluation ### monitoring and evaluation


### no sooner than [8 years after the date of application of this regulation] , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### 1) monitoring:


### this regulation establishes a framework to improve the environmental sustainability of products and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. those ecodesign requirements , which shall be further elaborated by the commission in delegated acts , relate to: ### this regulation establishes a framework to bring back the consumption footprint of products within the planetary boundaries , to improve the environmental sustainability of products and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. those ecodesign requirements , which shall be further elaborated by the commission in delegated acts , relate to:


### this regulation also establishes a digital product passport (‘product passport’) , provides for the setting of mandatory green public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed. ### this regulation also establishes a digital product passport (‘product passport’) , provides for the setting of mandatory green and socially responsible public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed.


### (25) ‘carbon footprint’ means the sum of greenhouse gas (ghg) emissions and ghg removals in a product system , expressed as co2 equivalents and based on a life cycle assessment using the single impact category of climate change; ### (25) ‘‘carbon footprint’ means the sum of greenhouse gas (ghg) emissions in a product system. it is expressed as co2 equivalents and based on a life cycle assessment using the single impact category of climate change;


### meets the criteria laid down in article 57 and is identified in accordance with article 59(1) of regulation (ec) no 1907/2006; or ### meets the criteria laid down in article 57 or is identified in accordance with article 59(1) of regulation (ec) no 1907/2006; or


### — specific target organ toxicity – single exposure categories 1 and 2; or ### — specific target organ toxicity – single exposure categories 1 and 2;


### 3. performance requirements based on the product parameter set out in annex i , point (f) , shall not restrict the presence of substances in products for reasons relating primarily to chemical safety. ### deleted


### (ii) information for consumers and other end-users on how to install , use , maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability , as well as on how to return or dispose of the product at end-of-life; ### (ii) information for providers of repair services and preparing-for-reuse and re-use operators on how to install , use , maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability , as well as on how to return or dispose of the product at end-of-life;


### 3. information requirements based on the product parameter set out in annex i , point (f) , shall not provide obligations on the labelling of substances or mixtures for reasons relating primarily to their hazards to health or the environment. ### 3. information requirements based on the product parameter set out in annex i , point (f) , shall provide obligations on the labelling of substances or mixtures for reasons relating primarily to their hazards to health or the environment.


### the information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle of products , unless such tracking is already enabled by another delegated act adopted pursuant to article 4 covering the products concerned , and shall include at least the following: ### the information requirements referred to in paragraph 1 shall oblige the tracking of all substances of concern and where appropriate all substances throughout the life cycle of products , unless such tracking is already enabled by another delegated act adopted pursuant to article 4 covering the products concerned , and shall include at least the following:


### (4) as part of the package “clean energy for all europeans” proposed by the commission on 30 november 2016 , regulation (eu) 2019/9436 and directive (eu) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. the internal market in natural gas should be built on those same principles and , in particular , ensure an equal level of consumer protection. ### (4) as part of the package “clean energy for all europeans” proposed by the commission on 30 november 2016 , regulation (eu) 2019/9436 and directive (eu) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. the internal market in natural gas should be built on those same principles and , in particular , ensure an equal level of consumer protection. very particularly , every union energy policy should address vulnerable consumers and tackle energy poverty.


### (5) the union has aims to cut greenhouse gas emissions. it has therefore adopted a set of initiatives to reach that goal , including the energy system integration strategy and the hydrogen strategy published by the commission in july 2020 , which set out how to update the energy markets , including the decarbonisation of gas markets as well as regulation (eu) 2018/1999 and regulation (eu) 2021/1119. this directive should contribute to achieving these goals , ensuring security of supply and a well-functioning internal market for gases , including for hydrogen. ### (5) the union must cut greenhouse gas emissions and should promote efficient and integrated energy systems. it has therefore adopted a set of initiatives to reach that goal , including the energy system integration strategy and the hydrogen strategy published by the commission in july 2020 , and the recommendation on the energy efficiency first principle published by the commission in september2021 , which together set out how to update the energy markets , including the decarbonisation of gas markets. these initiatives also call for transitioning to a more circular energy system with energy efficiency at its core , greater direct electrification of end-use sectors , prioritising demand-side solutions whenever they are more cost-effective than investments in energy infrastructure , and using renewable fuels , including hydrogen , only for end-use applications where electrification is not feasible , not efficient or involves higher costs. the union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in regulation (eu) 2018/1999 and regulation (eu) 2021/1119.this directive should contribute to achieving these goals , ensuring security of supply and a well-functioning internal market for gases , including for hydrogen , and facilitating efficient and integrated energy systems.


### (6) this directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas and to allow these new gases to play an important role towards achieving the eu’s 2030 climate objectives and climate neutrality in 2050. the directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes. ### (6) this directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas and to allow these new gases to play an important role towards achieving the eu’s 2030 climate objectives and climate neutrality in 2050. the directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure phase-out of fossil gas by 2035 , notably in all relevant industrial sectors and for heating purposes.