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


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


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


### 3. national public authorities or bodies which supervise or enforce the respect of obligations under union law protecting fundamental rights in relation to the use of high-risk ai systems referred to in annex iii shall have the power to request and access any documentation created or maintained under this regulation when access to that documentation is necessary for the fulfilment of the competences under their mandate within the limits of their jurisdiction. the relevant public authority or body shall inform the market surveillance authority of the member state concerned of any such request. ### 3. national public authorities or bodies which supervise or enforce the respect of obligations under union law protecting fundamental and legal rights in relation to the use of high-risk ai systems referred to in annex iii shall have the power to request and access any documentation created or maintained under this regulation when access to that documentation is necessary for the fulfilment of the competences under their mandate within the limits of their jurisdiction. the relevant public authority or body shall inform the market surveillance authority of the member state concerned of any such request.


### 5. where the documentation referred to in paragraph 3 is insufficient to ascertain whether a breach of obligations under union law intended to protect fundamental rights has occurred , the public authority or body referred to paragraph 3 may make a reasoned request to the market surveillance authority to organise testing of the high-risk ai system through technical means. the market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within reasonable time following the request. ### 5. where the documentation referred to in paragraph 3 is insufficient to ascertain whether a breach of obligations under union law or fundamental rights has occurred , the public authority or body referred to paragraph 3 may make a reasoned request to the market surveillance authority to organise testing of the high-risk ai system through technical means. the market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within reasonable time following the request.


### 3. where the market surveillance authority considers that non-compliance is not restricted to its national territory , it shall inform the commission and the other member states of the results of the evaluation and of the actions which it has required the operator to take. ### 3. where the market surveillance authority considers that non-compliance is not restricted to its national territory , it shall inform the commission , the ai office and the other member states of the results of the evaluation and of the actions which it has required the operator to take.


### (62) in order to ensure a high level of trustworthiness of high-risk ai systems , those systems should be subject to a conformity assessment prior to their placing on the market or putting into service. ### (62) in order to ensure a high level of trustworthiness of high-risk ai systems , those systems should be subject to a conformity assessment prior to their placing on the market or putting into service. the assessment should comprise an obligatory multicriteria , environmental life cycle assessment based on the four life-cycle phases , manufacturing , distribution , use phase and end of life phase.


### (78) in order to ensure that providers of high-risk ai systems can take into account the experience on the use of high-risk ai systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner , all providers should have a post-market monitoring system in place. this system is also key to ensure that the possible risks emerging from ai systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. in this context , providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and union law protecting fundamental rights resulting from the use of their ai systems. ### (78) in order to ensure that providers of high-risk ai systems can take into account the experience on the use of high-risk ai systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner , all providers should have a post-market monitoring system in place. this system is also key to ensure that the possible risks emerging from ai systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. in this context , providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and union law protecting fundamental rights and consumer rights resulting from the use of their ai systems.


### the extent to which potentially harmed or adversely impacted persons are in a vulnerable position in relation to the user of an ai system , in particular due to an imbalance of power , knowledge , economic or social circumstances , or age; ### the extent to which potentially harmed or adversely impacted persons are in a vulnerable position in relation to the user of an ai system , in particular due to an imbalance of power , knowledge , economic , environmental or social circumstances , or age;


### 5. to the extent that it is strictly necessary for the purposes of ensuring bias monitoring , detection and correction in relation to the high-risk ai systems , the providers of such systems may process special categories of personal data referred to in article 9(1) of regulation (eu) 2016/679 , article 10 of directive (eu) 2016/680 and article 10(1) of regulation (eu) 2018/1725 , subject to appropriate safeguards for the fundamental rights and freedoms of natural persons , including technical limitations on the re-use and use of state-of-the-art security and privacy-preserving measures , such as pseudonymisation , or encryption where anonymisation may significantly affect the purpose pursued. ### 5. to the extent that it is strictly necessary for the purposes of ensuring bias monitoring , detection and correction in relation to the high-risk ai systems , the providers of such systems may process special categories of personal data referred to in article 9(1) of regulation (eu) 2016/679 , article 10 of directive (eu) 2016/680 and article 10(1) of regulation (eu) 2018/1725 , subject to appropriate safeguards for the fundamental rights and freedoms of natural persons , including technical limitations on the use of state-of-the-art security , data minimisation , anonymisation and pseudonymisation , or encryption where anonymisation may significantly affect the purpose pursued , as well as other measures preserving privacy , confidentiality , integrity , availability , resilience , authenticity and trustworthiness , non-repudiation , accountability , auditability , and enabling data subjects the exercise of their data subjects’ rights.


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


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


### 4. high-risk ai systems shall undergo a new conformity assessment procedure whenever they are substantially modified , regardless of whether the modified system is intended to be further distributed or continues to be used by the current user. ### 4. high-risk ai systems shall undergo a new conformity assessment procedure whenever they are substantially modified , regardless of whether the modified system is intended to be further distributed or continues to be used by the current user.


### 4. participants in the ai regulatory sandbox shall remain liable under applicable union and member states liability legislation for any harm inflicted on third parties as a result from the experimentation taking place in the sandbox. ### 4. participants in the ai regulatory sandbox shall remain liable under applicable union and member states liability legislation for any harm inflicted directly or indirectly on third parties or the environment as a result , from the experimentation taking place in the sandbox.


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


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


### the requirements laid down in this regulation shall be taken into account , where applicable , in the evaluation of each large-scale it systems established by the legal acts listed in annex ix to be undertaken as provided for in those respective acts. ### the requirements laid down in this regulation shall be taken into account in the evaluation of each large-scale it systems established by the legal acts listed in annex ix to be undertaken as provided for in those respective acts.


### 2. this regulation shall apply to the high-risk ai systems , other than the ones referred to in paragraph 1 , that have been placed on the market or put into service before [date of application of this regulation referred to in article 85(2)] , only if , from that date , those systems are subject to significant changes in their design or intended purpose. ### 2. this regulation shall apply to the high-risk ai systems , other than the ones referred to in paragraph 1 , that have been placed on the market or put into service from[date of application of this regulation referred to in article 85(2)].


### 6. in carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the commission shall take into account the positions and findings of the board , of the european parliament , of the council , and of other relevant bodies or sources. ### 6. in carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the commission shall take into account the positions and findings of the board , of the european parliament , of the council , and of other relevant bodies or sources , including from academia and civil society .


### 7. the commission shall , if necessary , submit appropriate proposals to amend this regulation , in particular taking into account developments in technology and in the light of the state of progress in the information society. ### 7. the commission shall , if necessary , submit appropriate proposals to amend this regulation , in particular taking into account the effect of ai systems on fundamental rights , equality , and accessibility for persons with disabilities , developments in technology and in the light of the state of progress in the information society.


### (37) ‘‘real-time’ remote biometric identification system’ means a remote biometric identification system whereby the capturing of biometric data , the comparison and the identification all occur without a significant delay. this comprises not only instant identification , but also limited short delays in order to avoid circumvention. ### (37) ‘real-time’ remote biometric identification system’ means a remote biometric identification system whereby the capturing of biometric data , the comparison and the identification occur on a continuous or large-scale basis over a period of time and without limitation to a particular past incident.


### 1. the following artificial intelligence practices shall be prohibited: ### 1. the following practices shall be prohibited:


### the product whose safety component is the ai system , or the ai system itself as a product , is required to undergo a third-party conformity assessment with a view to the placing on the market or putting into service of that product pursuant to the union harmonisation legislation listed in annex ii. ### the product whose safety component is the ai system , or the ai system itself as a product , is required to undergo a third-party conformity assessment with a view to the placing on the market or putting into service of that product pursuant to the union harmonisation legislation listed in annex ii , or where the uses of safety component is the ai system , or the ai system itself as a product lack sufficient clarity or are undetermined.


### where appropriate , implementation of adequate mitigation and control measures in relation to risks that cannot be eliminated; ### where appropriate , implementation of mitigation and control measures addressing risks that cannot be eliminated


### 1. the technical documentation of a high-risk ai system shall be drawn up before that system is placed on the market or put into service and shall be kept up-to date. ### 1. the technical documentation of a high-risk ai system shall be drawn up before that system is placed on the market or put into service and shall be kept up-to date throughout its entire lifecycle , and where appropriate , beyond .


### 13 transparency and provision of information to users ### 13 transparency and provision of information to users and ai subjects


### 1. high-risk ai systems shall be designed and developed in such a way , including with appropriate human-machine interface tools , that they can be effectively overseen by natural persons during the period in which the ai system is in use. ### 1. high-risk ai systems shall be designed and developed in such a way , including with appropriate human-machine interface tools , that they can be effectively overseen by natural persons during the period in which the ai system is in use , and to allow for thorough investigation after an incident.


### the technical solutions aimed at ensuring the cybersecurity of high-risk ai systems shall be appropriate to the relevant circumstances and the risks. ### the technical and organisational measures aimed at ensuring the cybersecurity of high-risk ai systems shall be appropriate to the relevant circumstances and the risks.


### the technical solutions to address ai specific vulnerabilities shall include , where appropriate , measures to prevent and control for attacks trying to manipulate the training dataset (‘data poisoning’) , inputs designed to cause the model to make a mistake (‘adversarial examples’) , or model flaws. ### the technical and organisational measures to address ai specific vulnerabilities shall include , where appropriate , measures to prevent and control for attacks trying to manipulate the training dataset (‘data poisoning’) , inputs designed to cause the model to make a mistake (‘adversarial examples’) , or model flaws.


### when under their control , keep the logs automatically generated by their high-risk ai systems; ### when under their control , keep the logs automatically generated by their high-risk ai systems for a period of at least ten years , or as long as is appropriate in the light of the intended purpose of high-risk ai system and applicable legal obligations under union or national law ;


### 1. providers of high-risk ai systems shall draw up the technical documentation referred to in article 11 in accordance with annex iv. ### 1. providers of high-risk ai systems shall draw up the technical documentation referred to in article 11 in accordance with annex iv and make it available at the request of a national competent authority .


### 1. providers of high-risk ai systems shall keep the logs automatically generated by their high-risk ai systems , to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. the logs shall be kept for a period that is appropriate in the light of the intended purpose of high-risk ai system and applicable legal obligations under union or national law. ### deleted


### 2. providers that are credit institutions regulated by directive 2013/36/eu shall maintain the logs automatically generated by their high-risk ai systems as part of the documentation under articles 74 of that directive. ### 2. providers that are credit institutions regulated by directive 2013/36/eu shall maintain the logs pursuant to article 16(1)(d) automatically generated by their high-risk ai systems as part of the documentation under articles 74 of that directive.


### where the high-risk ai system presents a risk within the meaning of article 65(1) and that risk is known to the provider of the system , that provider shall immediately inform the national competent authorities of the member states in which it made the system available and , where applicable , the notified body that issued a certificate for the high-risk ai system , in particular of the non-compliance and of any corrective actions taken. ### where the high-risk ai system presents a risk within the meaning of article 65(1) and the provider of the system becomes aware of that risk , that provider shall immediately inform the competent authorities of the member states in which it made the system available and , where applicable , the notified body that issued a certificate for the high-risk ai system , in particular of the non-compliance and of any corrective actions taken.


### 1. the commission shall , where necessary , investigate all cases where there are reasons to doubt whether a notified body complies with the requirements laid down in article 33. ### 1. the commission shall investigate all cases where there are reasons to doubt whether a notified body complies with the requirements laid down in article 33.


### 4. where the commission ascertains that a notified body does not meet or no longer meets the requirements laid down in article 33 , it shall adopt a reasoned decision requesting the notifying member state to take the necessary corrective measures , including withdrawal of notification if necessary. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(2). ### 4. where the commission ascertains that a notified body does not meet or no longer meets the requirements laid down in article 33 , it shall adopt a reasoned decision requesting the notifying member state to take the necessary corrective measures , including withdrawal of notification if applicable. that implementing act shall be adopted in accordance with the examination procedure referred to in article 74(2).


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


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


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


### where , in demonstrating the compliance of a high-risk ai system with the requirements set out in chapter 2 of this title , the provider has not applied or has applied only in part harmonised standards referred to in article 40 , or where such harmonised standards do not exist and common specifications referred to in article 41 are not available , the provider shall follow the conformity assessment procedure set out in annex vii. ### following the conformity assessment procedure set out in annex vii.


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


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


### 2. the levels of accuracy and the relevant accuracy metrics of high-risk ai systems shall be declared in the accompanying instructions of use. ### 2. the levels of accuracy and the relevant accuracy metrics of high-risk ai systems shall be assessed by an independent entity and declared in the accompanying instructions of use. the language used shall be clear , free of misunderstandings or misleading statements.


### 1. certificates issued by notified bodies in accordance with annex vii shall be drawn-up in an official union language determined by the member state in which the notified body is established or in an official union language otherwise acceptable to the notified body. ### 1. certificates issued by notified bodies in accordance with annex vii shall be drawn-up in one or several official languages determined by the member state in which the notified body is established or one or several official languages otherwise acceptable to the notified body.


### (2) this directive respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union (‘the charter’). in particular , article 31 of the charter provides for the right of every worker to working conditions which respect his or her health , safety and dignity. article 27 of the charter protects the workers’ right to information and consultation within the undertaking. article 8 of the charter provides that everyone has the right to the protection of personal data concerning him or her. article 16 of the charter recognises the freedom to conduct a business. ### (2) this directive respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union (‘the charter’). in particular , article 31 of the charter provides for the right of every worker to working conditions which respect his or her health , safety and dignity. article 27 of the charter protects the workers’ right to information and consultation within the undertaking. article 8 of the charter provides that everyone has the right to the protection of personal data concerning him or her. article 21 of the charter provides for the right to non-discrimination.


### (4) digitalisation is changing the world of work , improving productivity and enhancing flexibility , while also carrying some risks for employment and working conditions. algorithm-based technologies , including automated monitoring and decision-making systems , have enabled the emergence and growth of digital labour platforms. ### (4) digitalisation is changing the world of work and has led to employment opportunities , in particular in the transport and tourism sectors , while also carrying some risks for employment and working conditions , putting at risk the solidarity based social protection system by denying workers their fundamental social rights , social protection and access to social dialogue. algorithm-based technologies , including automated monitoring and decision-making systems , have enabled the emergence and growth of digital labour platforms , in particular in the transport and tourism sectors , while these systems carry risks for working conditions , health and safety and fundamental rights.


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


### (7) court cases in several member states have shown the persistence of misclassification of the employment status in certain types of platform work , in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. while digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’ , many courts have found that the platforms exercise de facto direction and control over those persons , often integrating them in their main business activities and unilaterally determining the level of remuneration. those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. however , national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways , thus increasing the lack of legal certainty over the employment status. ### (7) court cases in several member states have shown the persistence of misclassification of the employment status in certain types of platform work , in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. while digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’ , many courts have found that the platforms exercise de facto direction and control over those persons , often integrating them in their main business activities and unilaterally determining the level of remuneration. those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. however , national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model and contractual relationships with persons performing platform work in various ways in order to escape their responsibilities as employers , thus increasing the lack of legal certainty over the employment status.


### (8) automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses , such as allocating tasks , giving instructions , evaluating the work performed , providing incentives or imposing sanctions. digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. persons performing platform work subject to such algorithmic management often lack information on how the algorithms work , which personal data are being used and how their behaviour affects decisions taken by automated systems. workers’ representatives and labour inspectorates do not have access to this information either. moreover , persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them. ### (8) automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses , such as allocating tasks , giving instructions , evaluating the work performed , providing incentives or imposing sanctions. digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. persons performing platform work subject to such algorithmic management often do not have access to information on how the algorithms work , which personal data are being used and how their behaviour affects decisions taken by automated systems. workers’ representatives and labour inspectorates do not have access to this information either. the lack of transparency allows digital labour platforms to set working conditions and terms of employment unilaterally. moreover , persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to obtain an explanation for these decisions , to discuss those decisions with a contact person or to contest them and seek redress. this creates severe power imbalances between workers and the platforms , which this directive should counterbalance and address with strong rights for workers.


### (13) while existing or proposed union legal acts provide for certain general safeguards , challenges in platform work require some further specific measures. in order to adequately frame the development of platform work in a sustainable manner , it is necessary for the union to set new minimum standards in working conditions to address the challenges arising from platform work. persons performing platform work in the union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status , at promoting transparency , fairness and accountability in algorithmic management , and at improving transparency in platform work , including in cross-border situations. this should be done with a view to improving legal certainty , creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the union. ### (13) while existing or proposed union legal acts provide for certain general safeguards , challenges in platform work require some further specific measures. in order to adequately frame the development of platform work in a sustainable manner , it is necessary for the union to set new minimum standards in working conditions to address the challenges arising from platform work. persons performing platform work in the union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status , at promoting transparency , fairness and accountability in algorithmic management , and at improving transparency in platform work , including in cross-border situations. this should be done with a view to improving legal certainty , creating a level playing field between different digital labour platforms and towards offline providers of services and supporting the development of platform in a sustainable manner in the union.


### (16) this directive should apply to persons performing platform work in the union who have , or who based on an assessment of facts may be deemed to have , an employment contract or employment relationship as defined by the law , collective agreements or practice in force in the member states , with consideration to the case-law of the court of justice of the european union. this should include situations where the employment status of the person performing platform work is not clear , so as to allow correct determination of that status. the provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the union who do not have an employment relationship. ### (16) this directive should apply to all persons performing work in the union who have , or who based on an assessment of facts may be deemed to have , an employment contract or employment relationship as defined by the law , collective agreements or practice in force in the member states , with consideration to the case-law of the court of justice of the european union. this should include situations where the employment status of the person performing platform work is not clear , so as to allow correct determination of that status. the provisions on algorithmic management should also apply to all persons performing work in the union including those who do not have an employment relationship.


### (22) where the existence of an employment relationship is established based on facts , the party acting as employer should be clearly identified and that party should fulfil all the obligations resulting from its role as employer. ### (22) where the existence of an employment relationship is established based on facts , the party acting as employer should be clearly identified and that party should fulfil all the obligations resulting from its role as employer , and abide by all applicable labour , social security , tax and health and safety legislation , as well as collective agreements in the relevant sector of activity.


### (23) ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection , accident insurance or other forms of insurance , training measures or similar benefits to self-employed persons working through that platform , those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship. ### (23) ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work.


### (26) effective implementation of the legal presumption through appropriate measures , such as disseminating information to the public , developing guidance and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. these measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the union. ### (26) effective implementation of the legal presumption through appropriate measures , such as disseminating information to the public , developing guidance and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved.


### (33) digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems , including algorithms , or other detailed data that contains commercial secrets or is protected by intellectual property rights. however , the result of those considerations should not be a refusal to provide all the information required by this directive. ### (33) commercial secrets protected by intellectual property rights should not justify a refusal to provide all the information required by this directive.


### (51) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states should assess the impact of their transposition measures on start-ups and on small and medium-sized enterprises in order to ensure that they are not disproportionately affected , giving specific attention to micro-enterprises and to the administrative burden. member states should also publish the results of such assessments. ### deleted


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


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


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


### (5) ‘representatives’ means the workers’ organisations or representatives provided for by national law or practices , or both; ### (5) ‘representatives’ and 'workers' representative' mean representatives of recognised trade unions or other persons who are freely elected or who are designated by the workers in an organisation to represent them in accordance with national law and practice. the exclusive prerogatives and rights of trade unions , such as the right of trade unions to participate in collective bargaining , and to conclude collective agreements , and workers' right to organise themselves in trade unions , shall be preserved.


### (6) ‘micro , small or medium-sized enterprises’ means micro , small and medium-sized enterprises as defined in the annex to commission recommendation 2003/361/ec68 . ### deleted


### 2. the determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work , taking into account the use of algorithms in the organisation of platform work , irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. where the existence of an employment relationship is established based on facts , the party assuming the obligations of the employer shall be clearly identified in accordance with national legal systems. ### 2. the determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work , taking into account the use of algorithms in the organisation of platform work , irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. where the existence of an employment relationship is established based on facts , the party or parties assuming the obligations of the employer in relation to labour law including sectorial obligations established by collective agreements , tax payment and financing of social protection and insurances , including health and safety obligations , shall be clearly identified in accordance with national legal systems.


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


### the legal presumption shall apply in all relevant administrative and legal proceedings. competent authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption. ### the legal presumption shall apply in all relevant administrative procedures and administrative and legal proceedings. competent authorities and administrative bodies responsible for verifying compliance with or enforcing relevant legislation shall apply that presumption.


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


### 3. member states shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups , avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. in particular they shall: ### 3. member states shall take all necessary measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 in order to ensure the effective protection for workers performing platform work in the context of an employment relationship. in particular they shall:


### develop guidance for enforcement authorities to proactively target and pursue non-compliant digital labour platforms; ### develop guidance and establish procedures for national competent and enforcement authorities to proactively identify , target and pursue digital labour platforms in order to ensure effective compliance with the provisions established in this directive , including by imposing dissuasive sanctions against non-compliant digital labour platforms;


### strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law , while ensuring that such controls and inspections are proportionate and non-discriminatory. ### strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law. member states shall be encouraged to determine every year a national target for the number of inspections to be carried out in respect of the sectors of activity in which digital labour platforms operate in order to determine the correct classification of workers;


### 4. with regard to contractual relationships entered into before and still ongoing on the date set out in article 21(1) , the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date. ### 4. with regard to contractual relationships entered into before and still ongoing on the date set out in article 21(1) , the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date without prejudice to other applicable national and union law , in particular directive (eu) 2019/1152.


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


### where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law , collective agreements or practice in force in the member state in question , with consideration to the case-law of the court of justice , the digital labour platform shall be required to assist the proper resolution of the proceedings , notably by providing all relevant information held by it. ### member states shall regularly review assess and , where necessary , complement these conditions , in consultation with the social partners. such proceedings shall not have suspensive effect on the application of the legal presumption.


### automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions , in particular their access to work assignments , their earnings , their occupational safety and health , their working time , their promotion and their contractual status , including the restriction , suspension or termination of their account. ### automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions , in particular their access to work assignments and organization of their work , pricing of individual assignments , their earnings , their occupational safety and health , their working time , or are used to support decisions affecting their promotion and their contractual status , including the restriction , suspension or termination of their account.


### (iv) the grounds for decisions to restrict , suspend or terminate the platform worker’s account , to refuse the remuneration for work performed by the platform worker , on the platform worker’s contractual status or any decision with similar effects. ### (iv) the grounds for decisions to restrict the platform worker’s account , to refuse the remuneration for work performed by the platform worker or any decision with similar effects , the grounds for promotion of work related relationships , for task allocation and , where decision-making is supported or based on monitoring and evaluating performance , how behaviour has been evaluated and the justification for the evaluation.


### 3. digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. they shall provide that information at the latest on the first working day , as well as in the event of substantial changes and at any time upon the platform workers’ request. the information shall be presented in a concise , transparent , intelligible and easily accessible form , using clear and plain language. ### 3. digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. they shall provide that information at the latest on the first working day , as well as in the event of substantial changes and at any time upon the platform workers’ request. the information shall be presented in a complete , transparent , intelligible and easily accessible form , using clear and plain language.


### 1. member states shall ensure that digital labour platforms regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems , as referred to in article 6(1) , on working conditions. ### 1. member states shall ensure that digital labour platforms together with workers' representatives regularly , and at least annually monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems , as referred to in article 6(1) , on working conditions , including workers’ rights and health and safety , including mental health. this assessment shall be submitted to the competent labour inspectorates and the competent data protection authority. it shall also be made publicly available and shared with trade unions and workers’ representatives.


### evaluate the risks of automated monitoring and decision-making systems to the safety and health of platform workers , in particular as regards possible risks of work-related accidents , psychosocial and ergonomic risks; ### evaluate the risks of automated monitoring and decision-making systems to non-discrimination and data protection and the safety and health of platform workers , in particular as regards possible risks of work-related accidents , psychosocial and ergonomic risks;


### 3. member states shall require digital labour platforms to ensure sufficient human resources for monitoring the impact of individual decisions taken or supported by automated monitoring and decision-making systems in accordance with this article. the persons charged by the digital labour platform with the function of monitoring shall have the necessary competence , training and authority to exercise that function. they shall enjoy protection from dismissal , disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions. ### 3. member states shall require digital labour platforms to ensure sufficient human resources for monitoring the impact of individual decisions taken or supported by automated monitoring and decision-making systems in accordance with this article. the persons charged by the digital labour platform with the function of monitoring , decision-making assisted by automated monitoring or automated decision-making systems or review of decisions shall have the necessary competence , training and authority to exercise that function. they shall enjoy protection from dismissal , disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions.


### 1. without prejudice to the rights and obligations under directive 2002/14/ec , member states shall ensure information and consultation of platform workers’ representatives or , where there are no such representatives , of the platform workers concerned by digital labour platforms , on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in article 6(1) , in accordance with this article. ### 1. without prejudice to the rights and obligations under directive 2002/14/ec , member states shall ensure information and consultation of platform workers’ representatives or , where there are no such representatives , of the platform workers concerned by digital labour platforms , on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in article 6(1) , or changes in the allocation or organisation of work in accordance with this article.


### 1. article 6 , article 7(1) and (3) and article 8 shall also apply to persons performing platform work who do not have an employment contract or employment relationship. ### 1. article 6 , article 6a , article 7 , article 8 , article 9 , article 13 and article 18 shall also apply to persons performing platform work who do not have an employment contract or employment relationship.


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


### 3. labour , social protection and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. the digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply. ### 3. labour , social protection , health and safety and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. the digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.


### 4. with regard to digital labour platforms which are micro , small or medium-sized enterprises , member states may provide that the periodicity for updating information in accordance with paragraph 2 is reduced to once every year. ### deleted


### (36) electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system , namely through the provision of flexibility , balancing and storage services , especially through aggregation. this potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. charging in relation to buildings is particularly important , since this is where electric vehicles park regularly and for long periods of time. slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general. ### (36) electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system , namely through the provision of flexibility , balancing and storage services , especially through aggregation. this potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. charging in relation to buildings is particularly important , since this is where electric vehicles park regularly and for long periods of time. slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general. electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system , namely through the provision of flexibility , balancing and storage services , especially through aggregation. this potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. charging in relation to buildings is particularly important , since this is where electric vehicles park regularly and for long periods of time. slow , smart and bi-directional charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart and bi-directional charging services and system integration services in general. especially during peak hours , electric vehicles enabled for bi-directional charging add on the capacity of buildings and the electricity system to balance power supply and demand at lower cost and empower users to actively providing such services against adequate remuneration.


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


### (39) smart charging and bidirectional charging enable the energy system integration of buildings. recharging points where electric vehicles typically park for extended periods of time , such as where people park for reasons of residence or employment , are highly relevant to energy system integration , therefore smart charging functionalities need to be ensured. in situations where bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general , such functionality should also be made available. ### (39) smart charging and bidirectional charging enable the energy system integration of buildings. recharging points where electric vehicles typically park for extended periods of time , such as where people park for reasons of residence or employment , are highly relevant to energy system integration , therefore smart charging functionalities need to be ensured. as bidirectional charging assists further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general and is instrumental to peak shaving , thus lowering the need for power supply at peak hours and hence overall system costs , such functionality should also be made available , not least as it empowers owners of electric vehicles to play an active part in the energy system against adequate remuneration , in line with their right to generate , share , store or sell self produced energy.


### (40) promoting green mobility is a key part of the european green deal and buildings can play an important role in providing the necessary infrastructure , not only for recharging of electric vehicles but also for bicycles. a shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. as set out in the 2030 climate target plan , increasing the modal shares of clean and efficient private and public transport , such as cycling , will drastically lower pollution from transport and bring major benefits to individual citizens and communities. the lack of bike parking spaces is a major barrier to the uptake of cycling , both in residential and non-residential buildings. building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces. ### (40) promoting green mobility is a key part of the european green deal and buildings can play an important role in providing the necessary infrastructure , not only for recharging of electric vehicles but also for bicycles. a shift to active mobility such as cycling can significantly reduce greenhouse gas emissions from transport. with the increase in the sales of electric bicycles and electric cargo bikes across the european union over recent years , basic charging infrastructure for these vehicles should also be provided to facilitate their regular use. as set out in the 2030 climate target plan , increasing the modal shares of clean and efficient private and public transport , such as cycling , will drastically lower pollution from transport and bring major benefits to individual citizens and communities. the lack of bike parking spaces is a major barrier to the uptake of cycling , both in residential and non-residential buildings. union requirements and national building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces , and building bicycle parking spaces and related infrastructure in areas where bicycles are typically less used as a means of transport can lead to an increase in their use as a form of mobility. the requirement to provide bicycle parking spaces should not be dependent on , or necessarily be linked to , the availability and supply of car parking spaces , which may in certain circumstances be unavailable or not required. building codes should also replace ‘minimum’ car parking requirements with ‘maximum’ car parking requirements , particularly in those areas that are already well served by public transport and active mobility options. member states should support local authorities in developing and implementing sustainable urban mobility plans with a particular focus on the integration of housing policies with sustainable mobility and urban planning , thereby ensuring and prioritising accessibility of all new major urban developments by active mobility and public transport.


### 1. with regard to new non-residential buildings and non-residential buildings undergoing major renovation , with more than five parking spaces , member states shall ensure: ### 1. with regard to new non-residential buildings and non-residential buildings undergoing major renovation , with three or more parking spaces , and where


### the installation of at least one recharging point; ### the installation of at least one recharging point for every two parking spaces;;


### the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and ### the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles and electrically power-assisted cycles and other l-category vehicle types;


### at least one bicycle parking space for every car parking space; ### one parking space is provided for the use of bicycles with larger dimensions than standard bicycles , such as cargo bikes , tricycles , and bicycles with trailers ,


### where the car park is physically adjacent to the building , and , for major renovations , renovation measures include the car park or the electrical infrastructure of the car park. ### deleted


### 2. with regard to all non-residential buildings with more than twenty parking spaces , member states shall ensure the installation of at least one recharging point for every ten parking spaces , and at least one bicycle parking space for every car parking space , by 1 january 2027. in case of buildings owned or occupied by public authorities , member states shall ensure pre-cabling for at least one in two parking spaces by 1 january 2033. ### 2. with regard to all non-residential buildings with more than ten car parking spaces , member states shall ensure the following by 1 january 2027:


### 3. member states may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport. ### 3. member states should increase the bicycle parking space requirements set out in this article in areas where bicycles are typically less used as a means of transport , and provide the necessary safe active mobility infrastructure.


### 4. with regard to new residential buildings and residential buildings undergoing major renovation , with more than three parking spaces , member states shall ensure: ### 4. with regard to new residential buildings and residential buildings undergoing major renovation , with more than three parking spaces , and where


### the installation of pre-cabling for every parking space to enable the installation , at a later stage , of recharging points for electric vehicles; and ### the installation of pre-cabling for every parking space to enable the installation , at a later stage , of recharging points for electric vehicles and electrically power-assisted cycles and other l-category vehicle types; and


### at least two bicycle parking spaces for every dwelling. ### at least three bicycle parking spaces for every dwelling.


### the car park is physically adjacent to the building , and , for major renovations , renovation measures include the car park or the electrical infrastructure of the car park. ### deleted


### member states shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. where , in the case of major renovation , ensuring two bicycle parking spaces for every dwelling is not feasible , member states shall ensure as many bicycle parking spaces as appropriate. ### member states shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces.


### 5. member states may decide not to apply paragraphs 1 , 2 and 4 to specific categories of buildings wherethe pre-cabling required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of article 349 tfeu , if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid. ### deleted


### 6. member states shall ensure that the recharging points referred to in paragraphs 1 , 2 and 4 are capable of smart charging and , where appropriate , bidirectional charging , and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards , in an interoperable manner , and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to article 19(6) and article 19(7) of regulation (eu) …/… [afir]. ### 6. member states shall ensure that the recharging points referred to in paragraphs 1 , 2 and 4 and 5 are digitally connected and are capable of smart charging and bidirectional charging , and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards , in an interoperable manner , and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to article 19(6) and article 19(7) of regulation (eu) …/… [afir].


### 8. member states shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers , including permitting and approval procedures , without prejudice to the property and tenancy law of the member states. member states shall remove barriers to the installation of recharging points in residential buildings with parking spaces , in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use. ### 8. member states shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers , including permitting and approval procedures , and align property and tenancy law of the member states with the ‘right to plug’ for all europeans.


### 9. member states shall ensure the coherence of policies for buildings , soft and green mobility and urban planning. ### 9. member states shall ensure the coherence of policies for buildings , active and sustainable mobility climate , energy , biodiversity and urban planning.


### (14) two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. in order to decarbonise the building sector , it is of particular importance to phase out fossil fuel in heating and cooling. therefore , member states should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans , and no financial incentives should be given for the installation of fossil fuel boilers under the next multiannual financial framework as of 2027 , with the exception of those selected for investment , before 2027 , under the european regional development fund and on the cohesion fund. a clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures. ### (14) two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. in order to reach zero-emissions , it is particularly important to urgently phase out fossil fuel in heating and cooling. in the light of the current context , changing the union's landscape for decades and in line with the 2030 and 2050 energy and climate objectives , no financial incentives should be given for the installation of fossil fuel boilers as of the entry into force of this directive. member states should ban the installation of fossil fuel based technical building systems in new buildings and buildings undergoing renovation from the date of entry into force of this directive and phase out the use of fossil fuel based heating and cooling systems by 2035 at the latest. a clear legal basis for the ban of the use of heat generators in all other existing buildings by 2035 based on the type of fuel used should support national phase-out policies and measures. this will also help play a key role in decreasing the union’s dependence on imports from third countries , lower citizens' energy bills and vulnerability to price fluctuations and halt the exceedances of air pollution limit values.


### a. whereas the union transport sector is essential for the union’s economic , social and environmental development and its sustainability , and it ensures the territorial accessibility and connectivity of all regions of the union; ### a. whereas the union transport sector is essential for the union’s economic , social and environmental development and its sustainability , and it should aim to ensure the territorial accessibility , connectivity and cohesion of all regions of the union while quickly and fully transitioning to a fully renewables-based economy;


### a. whereas the growing instability and the rise of unprecedented challenges in the international environment increases the demands on the union to act and with a budget fit for purpose; ### a. whereas the growing instability and the rise of unprecedented challenges in the international environment increases the demands on the union to act and with a flexible budget fit for purpose;


### b. whereas transport is key to achieving climate neutrality by 2050; whereas more investment is needed to accelerate the shift to sustainable and smart mobility in line with the green deal; ### b. whereas transport is key to achieving climate neutrality by 2050 and the intermediate targets in greenhouse emissions reductions set in the european climate law , starting with at least 55% in 2030; whereas more investment is needed to accelerate the shift to sustainable and smart mobility in line with the green deal;


### b. whereas we must both continue to strengthen our support to ukraine and respond to other urgent global needs as they evolve; ### b. whereas we must both continue to strengthen our support to ukraine and respond quickly to other urgent global needs as they evolve;


### c. whereas tourism is an essential sector for the union economy , and plays an important role in fostering its competitiveness , employment and social well-being; ### c. whereas tourism is an essential sector for the union economy , and plays an important role in fostering its competitiveness , employment and social well-being; whereas in order to retain its important role within the european green deal a comprehensive transition towards a model of sustainable tourism is needed , avoiding overtourism and ensuring stable jobs and adequate working conditions;


### d. whereas the transport and tourism sectors were among the hardest hit by the covid-19 crisis and are now affected by the russian war against ukraine; whereas the union transport sector needs to become independent from russian fossil energy sources; ### d. whereas the transport and tourism sectors were among the hardest hit by the covid-19 crisis and are now affected by the russian war against ukraine; whereas the union transport sector needs to become fully independent from all fossil energy sources;


### 1. calls on the commission and member states to use the available financial tools in a comprehensive way to maximise their effect on recovery while ensuring adequate long-term funding of union transport projects; ### 1. calls on the commission and member states to use the available financial tools in a comprehensive way to maximise their effect on recovery while ensuring adequate long-term funding of union transport projects , under the condition that they contribute unambiguously to the clean energy transition of the european green deal , the achievement of climate neutrality and the related emission reduction targets within the european climate law;


### 1. welcomes the commission’s ongoing commitment to develop a methodology to measure gender-relevant expenditure and its ongoing assessment of gender-related data collection; expects parliament to be consulted throughout the assessment process; ### 1. welcomes in this context the commission’s ongoing commitment to develop a methodology to measure gender-relevant expenditure and its ongoing assessment of gender-related data collection; expects parliament to be consulted throughout the assessment process; expects the commission to fully implement its commitments and to report specifically on this to the budgetary authority;


### 1. recalls the economic , social and environmental aspects of fisheries , aquaculture and maritime affairs; stresses their vital role in ensuring global food safety and resilience of food systems , but also in boosting the development of the sustainable blue economy and their contribution to developing and revitalising coastal areas; takes the view that maintaining the competitive position of the fisheries and aquaculture sectors must go hand in hand with achieving social , environmental and economic objectives set out in the cfp as well as in the green deal and subsequent strategies; ### 1. recalls the economic , social and environmental aspects of fisheries , aquaculture and maritime affairs; stresses their vital role in ensuring global food safety and resilience of food systems , but also in boosting the development of the sustainable blue economy and their contribution to developing and revitalising coastal areas; takes the view that maintaining the competitive position of the fisheries and aquaculture sectors must go hand in hand with achieving social , environmental and economic objectives set out in the cfp as well as in the european green deal and subsequent strategies;


### 1. stresses that the union must be committed to obtaining a resilient , sustainable , socially fair recovery for all through the 2023 union budget concluding the revised 2030 framework for union climate , energy and environmental targets; calls on the commission and member states to ensure a smooth adoption and implementation of the files included in the ‘fit for 55’ package to ensure that the union is climate neutral by 2050; ### 1. stresses that the union must be committed to obtaining a resilient , sustainable , socially fair recovery for all through the 2023 union budget concluding the revised 2030 framework for union climate , energy and environmental targets; calls on the commission and member states to ensure a smooth adoption and implementation of the files included in the ‘fit for 55’ package to help ensure that the union meets its 2030 targets and that it achieves climate neutrality by 2050 at the latest , whilst recognising that current union policies need substantial improvements to be consistent with a pathway compatible with limiting global warming to under 1.5°c;


### 1. calls for the 2023 eu budget to contribute to achieving the priorities set by the european semester; ### 1. calls for the 2023 eu budget to contribute to achieving the priorities of the green and digital transition as outlined in the recovery and resilience facility and reflected in the european semester;


### 1. recalls that the union budget for 2023 should address the consequences of russia’s aggression against ukraine , by direct support for ukraine and strengthening the union’s strategic autonomy and defence capabilities , as well as the secondary consequences such as the all-time high energy prices; ### 1. recalls that the union budget for 2023 should address the consequences of russia’s aggression against ukraine , by direct support for ukraine and strengthening the union’s strategic autonomy , energy independence from fossil fuels and nuclear , and defence capabilities , as well as the secondary consequences such as the all-time high energy prices; stresses that the union budget for 2023 should ensure that adequate support is provided to the most vulnerable citizens and business that are most effected by the energy crisis and its social and economic consequences , including via dedicated energy efficiency and renewable deployment measures;


### 1. notes with deep concern that the brutal russian aggression against ukraine and its worldwide effects have dramatically increased humanitarian assistance needs , which were already under pressure because of funding gaps and the multiplication of crises in the world; calls to significantly increase humanitarian aid to address the unprecedented gap between needs and available resources , which currently stands at $36.9 billion – the highest ever1 ; ### 1. notes with deep concern that the brutal russian aggression against ukraine and its worldwide effects have dramatically increased humanitarian assistance needs , which were already under pressure because of funding gaps and the multiplication of crises in the world; underlines that the numerous and consistent top-ups of the eu’s annual humanitarian budget over the past years have proven the initially allocated funding to never be sufficient to cover the humanitarian needs for the entire year; calls to significantly increase humanitarian aid to address the unprecedented gap between needs and available resources , which currently stands at $36.9 billion– the highest ever; recalls that , due to increasing humanitarian needs throughout 2022 , the mff profile set for 2022 was already raised up to a provisional rate of nearly eur 2.2 billion; calls to increase the humanitarian aid budget by at least 900 million euros , as the situation is not likely to improve in 2023 , as the conflict in ukraine and its global economic repercussions have exacerbated the already dismal humanitarian situation worldwide.


### 1. is committed to ensuring generational renewal in the agricultural sector by facilitating the takeover of farms by young people and by women; ### 1. is committed to ensuring generational renewal in the agricultural sector by facilitating the takeover of farms by young people and by women , and calls to maintain levels of support to young farmers; notes the new methodology piloted in 2023 to track the contribution to gender equality , based on policy design and resource allocation;


### 2. highlights that the budget should help create quality employment , reduce poverty and increase upward social convergence in a time of unprecedented and cumulated crises so that no one is left behind; stresses that factors such as supply chain disruption , high energy prices , rising inflation and continued pressure on essential services have exacerbated social and economic inequalities and worsened the living and working conditions , as well as the mental health , of many workers and their families; insists on the need to tackle territorial and regional disparities; takes note of the commission’s intention to come up with an amending letter this autumn with regards to the budgetary consequences of the war in ukraine and the repowereu initiative; stresses in that regard the importance of taking into account the socio-economic implications of the war and recommends that the potential of supplementing esf+ funding be analysed; ### 2. acknowledges that inequality is not a consequence but one of the root causes of poverty and social exclusion; highlights that the budget must contribute to creating quality employment with decent wages , social security protection , and high occupational health and safety standards , reducing poverty and increasing upward social convergence in a time of unprecedented and cumulated crises so that no one is left behind; stresses that factors such as supply chain disruption , high energy prices , rising inflation and continued pressure on essential services exacerbated social and economic inequalities and worsened the living and working conditions especially for the people in vulnerable situations , as well as the specific mental health challenges linked; warns of the risk of accepting bad quality employment offers for people in desperate situations such as young people or those in long-term unemployment; insists on the need to tackle territorial and regional disparities; takes note of the commission’s intention to come up with a substantial amending letter this autumn with regards to the budgetary consequences of the war in ukraine and the repowereu initiative; stresses in this regard the importance of taking into account the socio-economical implications of the war also inside the eu and recommends to analyse the potential of supplementing the esf+ funding; reminds that a healthy economy must work for society and not the other way around.


### 2. stresses that the union faces an extraordinarily complex set of challenges , including the direct and indirect repercussions of the war in ukraine , high inflation , high energy prices and security of supply risks , and a worsening economic outlook , in particular for small and medium enterprises (smes) , the need to secure the recovery from the pandemic , crises in many other parts of the world , technological change , including increasing digitalisation , as well as climate change and its consequences; considers that the union budget should contribute to tackling those challenges , while expressing concern at the exceptionally limited margins , which are about one third of last year’s , or , in the case of heading 6 , the lack of margin , and the limited flexibility built into the budget; deplores the fact that the draft budget is an insufficient response to the current challenges; recalls that the multiannual financial framework (mff) was not established to address a pandemic , a war , high inflation , high energy prices , high numbers of refugees , new accessions , food insecurity , and a humanitarian crisis; ### 2. stresses that the union and the eu citizens face an extraordinarily complex set of challenges , including the direct and indirect repercussions of the war in ukraine , high inflation , high energy prices and security of supply risks , and a worsening economic outlook , in particular for small and medium enterprises (smes) , the need to secure the recovery from the pandemic , crises in many other parts of the world , technological change , including increasing digitalisation , as well as the growing urgency to tackle climate change and the biodiversity crisis in the view of the latest ipcc reports and its consequences and the need to accelerate the just transition; considers that it is the role of the union budget to strongly contribute to tackling those challenges heavily impacting the eu citizens in particular in the response to climate change and fighting biodiversity loss and degradation , in line with the political commitments taken in the context of the green deal , and ensure the much needed solidarity across the union with all and in particular with the most vulnerable groups; stresses that the 2023 union budget should ensure that adequate support is provided to the most vulnerable citizens and business that are most effected by the energy crisis and its social and economic consequences , including via dedicated energy efficiency and renewable deployment measures; expresses concern at the exceptionally limited margins , which are about one third of last year’s , or , in the case of heading 6 , the absolute lack of margin , and the limited flexibility and crisis response ability built into the budget; deplores the fact that the draft budget is a largely insufficient response to the current challenges; recalls that the multiannual financial framework (mff) was not established to address a pandemic , a war with all its human , social and economic consequences inside the eu and at our borders , high inflation , high energy prices , high numbers of refugees , new accessions , food insecurity , and a humanitarian crisis nor for the needed funds for the private and public investment gap to cater for the green transition in the next decade as estimated by the commission as well as for the much needed investments in the sustainable clean energy transition and energy efficiency;


### 2. welcomes the commission repowereu plan to accelerate the green transition and to increase the union’s energy independence; highlights that accelerating the implementation of the european green deal will reduce the union dependency from third countries; ### 2. welcomes the commission repowereu plan to accelerate the green transition and to increase the union’s energy independence , in particular by ending fossil fuel imports from russia as soon as possible; highlights that accelerating the implementation of the european green deal will reduce both the union dependency from third countries as well as allowing us to achieve our climate and energy targets; is highly concerned about the limited new funds for the recovery and resilience facility repowereu chapter and opposes any funding that would lead to additional emissions; expresses therefore deep concern about the proposal to use the ets market stability reserve to finance part of these measures , thereby putting the financial and environmental integrity of ets at risk , while underlining its commitment to not creating a funding gap and ensuring the integrity and ability of the ets system to deliver on the 2030 climate target and looking at all the options available within the scope of the ets regulation to deliver both on climate goals and repower eu;


### 2. considers that the budget should continue to support the post-pandemic recovery , building on the lessons learned from the implementation of the recovery and resilience facility (rrf); ### 2. considers that the budget should continue to support the post-pandemic recovery , building on the lessons learned from the implementation of the recovery and resilience facility (rrf) , in line with the objectives of the european green deal and the sustainable development goals;


### 2. deplores the cuts to the heu proposed by the council in its position on the 2023 budget; strongly believes that the council is undermining the credibility of the union by cutting the heu budget while also approving ambitious climate and digital legislation which will heavily depend on research and innovation delivering new technologies; ### 2. deplores the cuts to the heu proposed by the council in its position on the 2023 budget; strongly believes that the council is undermining the credibility of the union by cutting the heu budget which is needed for the implementation of union climate and digital legislation which will heavily depend on research and innovation delivering new technological and non-technological innovation;


### 2. is extremely alarmed by the deepening food insecurity , with up to 345 million people across 82 countries estimated to be acutely food insecure in 20222 ; calls for additional funding for the “prosperity” thematic programme of the neighbourhood , development and international cooperation instrument – global europe (ndici-global europe) to help partner countries develop resilient sustainable agri-food systems and reduce their dependence on food imports; ### 2. is extremely alarmed by the deepening food insecurity , with up to 345 million people across 82 countries estimated to be acutely food insecure in 2022; calls for additional funding for the “prosperity” thematic programme of the neighbourhood , development and international cooperation instrument – global europe (ndici-global europe) to help partner countries develop resilient sustainable agri-food systems , rural development , fisheries and aquaculture to enhance resilient local food production which are based on agroecological practices , promotes small-scale producers and local communities and reduce their dependence on food imports;