### (15) the citizens’ trust in artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , depends on the understanding and comprehension of the technical processes. the degree of explainability of such processes should depend on the context and the severity of the consequences of an erroneous or inaccurate output of those technical processes , and needs to be sufficient for challenging them and seeking redress. auditability and traceability should remedy the possible unintelligibility of such technologies. ### (15) individuals have a right to trust technology they use to perform in a reasonable manner , to respect their trust , and protect their good faith in it. the citizens’ trust in artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , depends on the understanding and comprehension of the technical processes. the degree of explainability of such processes should depend on the context and the severity of the consequences of an erroneous or inaccurate output of those technical processes , and needs to be sufficient for challenging them and seeking redress. auditability , traceability , and transparency should remedy the possible unintelligibility of such technologies.


### (16) society’s trust in artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , depends on the degree to which their assessment , auditability and traceability are enabled in the technologies concerned. where the extent of their involvement so requires , developers should ensure that such technologies are designed and built in a manner that enables such an assessment , auditing and traceability. deployers and users should ensure that artificial intelligence , robotics and related technologies are deployed and used in full respect of transparency requirements , and allowing auditing and traceability. ### (16) society’s trust in artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , depends on the degree to which their assessment , auditability and traceability are enabled in the technologies concerned. where the extent of their involvement so requires , developers should ensure that such technologies are designed and built in a manner that enables such an assessment , auditing and traceability. deployers and users should ensure that artificial intelligence , robotics and related technologies are deployed and used in full respect of accessibility , and transparency requirements , and allowing auditing and traceability.


### (18) software , algorithms and data used or produced by artificial intelligence , robotics and related technologies should be considered biased where , for example , they display suboptimal results in relation to any person or group of persons , on the basis of a prejudiced personal , social or partial perception and subsequent processing of data relating to their traits. ### (18) software , algorithms and data produced or destined to be used by artificial intelligence , robotics and related technologies should be considered biased where - among others - they display suboptimal results in relation to any person or group of persons , on the basis of a prejudiced personal , social or partial perception and subsequent processing of data relating to their traits.


### (19) in line with union law , software , algorithms and data used or produced by artificial intelligence , robotics and related technologies should be considered discriminatory where they treat a person or group of persons differently , including by putting them at a disadvantage when compared to others , based on grounds such as their personal traits , without objective or reasonable justification. ### (19) in line with union law , software , algorithms and data produced or destined to be used by artificial intelligence , robotics and related technologies should be considered discriminatory where they produce outcomes that disadvantage a person based on the basis of a group characteristic that is considered to be irrelevant or otherwise unacceptable or where – despite apparent neutrality of the technologies - such outcomes have disproportionate negative effects on people belonging to such groups , unless objectively justified by a legitimate aim , and the means of achieving that aim are appropriate and necessary.


### (20) in line with union law , legitimate aims that might objectively justify any differential treatment between persons or group of persons are the protection of public safety , security and health , the prevention of criminal offences , the protection of individual rights and freedoms , fair representation and objective professional requirements. ### deleted


### (21) artificial intelligence , robotics and related technologies , including software , algorithms and data used or produced by such technologies , should perform on the basis of sustainable progress. such technologies should contribute comprehensively to the achievement of the sustainable development goals outlined by the united nations with a view to enabling future generations to flourish. such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators , and by using responsible research and innovation tools requiring the mobilisation of resources by the union and its member states to support and invest in projects addressing those goals. ### (21) artificial intelligence , robotics and related technologies , including software , algorithms and data produced or destined to be used by such technologies , should perform on the basis of sustainable progress. such technologies should not run counter to the interests of the people and the planet , the cause of preservation of the environment , the green transition , and the achievement of the sustainable development goals outlined by the united nations with a view to enabling future generations to flourish. such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators , and by using responsible research and innovation tools requiring the mobilisation of resources by the union and its member states to support and invest in projects addressing those goals.


### (22) the development , deployment and use of artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , should in no way cause injury or harm of any kind to individuals or society. accordingly , such technologies should be developed , deployed and used in a socially responsible manner. ### (22) the development , deployment and use of artificial intelligence , robotics and related technologies , including the software , algorithms and data produced or destined to be used by such technologies , should in no way purposefully cause or consciously accept by design injury or harm of any kind to individuals or society. accordingly , such technologies should be developed , deployed and used in a socially responsible manner.


### b. whereas the purpose of the construction products regulation (cpr) is to remove technical barriers to trade in construction products in order to enhance their free movement in the internal market; ### b. whereas the purpose of the construction products regulation (cpr) is to remove technical barriers to trade in construction products in order to enhance their free movement in the internal market while ensuring that products meet safety standards , no matter where they are manufactured in the eu;


### c. whereas the slow adoption and non-citation of harmonised standards is problematic , as the adoption process is not keeping pace with developments in the sector , creating uncertainty for businesses; ### c. whereas the slow adoption and non-citation of harmonised standards is problematic , as the adoption process is not keeping pace with developments in the sector , creating uncertainty for businesses and is harmful to consumers;


### 2. points to the specific nature of the cpr , which differs from the general principles of the new legislative framework (nlf) , chiefly because it does not harmonise any specific requirements or minimum safety levels for construction products , but instead defines a common technical language for measuring the performance of construction products over their essential characteristics; ### 2. points to the limited nature of the cpr , which today differs from the general principles of the new legislative framework (nlf) , chiefly because it does not directly harmonise any specific requirements or minimum safety levels for construction products , but instead defines only a common technical language for measuring the performance of construction products by means of harmonised european standards over their essential characteristics laid down in member states’ requirements;


### 3. highlights that the cpr ensures the free circulation of construction products within the union , while member states retain control of the rules on construction works; points out that building regulations set at member state level are generally influenced by the performance of the construction products which are integrated in the works; ### 3. highlights that the current cpr ensures the free circulation of construction products within the union , while member states retain control of the rules on construction works; points out that building regulations set at member state level are influenced by the performance of the construction products , while a lack of eu-level product performance and information requirements weakens the single market for construction products;


### 5. points out that unlike other nlf legislation , the use of harmonised standards under the cpr is mandatory , which requires an effective system of adoption to address the needs of industry , keep up with technological developments and ensure legal clarity; ### 5. points out that unlike other nlf legislation , the use of harmonised standards under the current cpr is mandatory , which has appeared to be ineffective in addressing the needs of industry , including keeping up with technological developments (e.g. low-carbon innovations) and ensuring legal compliance with member states’ requirements;


### 9. believes that owing to the mandatory nature of standards and the fact that they are considered part of union legislation , the texts of issued harmonised standards should be available in all union languages; highlights the need to ensure high-quality translation and involve national standardisation bodies in the translation process; calls on the commission to further support and simplify the financial arrangements for the translation of harmonised standards; ### 9. believes that owing to the current mandatory nature of standards and the fact that they are considered part of union legislation , the texts of issued harmonised standards should be available in all union languages; highlights the need to ensure open-access , high-quality translation and involve national standardisation bodies in the translation process; calls on the commission to further support and simplify the financial arrangements for the translation of harmonised standards;


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


### 15. emphasises the importance of fully harnessing digital technologies , which could allow for clear , transparent and reliable information to be provided to economic operators and end-users and enable market surveillance authorities to carry out their activities more effectively; calls on the commission to evaluate the use of such technologies; ### 15. emphasises the importance of fully harnessing digital technologies , which could allow for clear , transparent and reliable information to be provided to economic operators and end-users and enable market surveillance authorities to carry out their activities more effectively; calls on the commission to evaluate the use of such technologies , building on the existing experiences such as the eprel database and the ongoing scip database and developing solutions towards a smart integration of existing data that can be scattered in different information systems;


### 16. believes that digital solutions such as a ‘smart dop’ could be used to allow economic operators to quickly assess and compare requirements for construction works with the information provided in the dop; ### 16. believes that digital solutions such as a ‘smartproduct passport’1a could be used to allow economic operators to quickly assess and compare requirements for construction works with the information provided in the dop;


### 17. is concerned by the fact that market surveillance for construction products is seen as insufficient and ineffective by the industry; emphasises that such a situation undermines the level playing field for economic operators who comply with the legislation , to the benefit of rogue traders , who do not; points out that weak and inconsistent market surveillance could lead to an increase of products that do not meet their declared performance , putting end-users at risk; ### 17. is concerned by the fact that market surveillance for construction products is seen as insufficient and ineffective by the industry; emphasises that such a situation undermines the level playing field for economic operators who comply with the legislation , to the benefit of rogue traders , who do not; points out that weak and inconsistent market surveillance could lead to an increase of products that do not meet their declared performance , putting end-users at risk; notes in this regard that a product currently can have a correct declaration of performance while still posing risks to end-users;


### 18. calls on the member states to fully implement regulation (eu) 2019/1020 , which aims to strengthen the market surveillance of products covered by union harmonisation legislation , including the cpr; ### 18. calls on the member states to fully implement regulation (eu) 2019/1020 , which aims to strengthen the market surveillance of products covered by union harmonisation legislation , including the cpr and to provide the necessary financial , human and technical resources to allow market surveillance authorities to perform their duties efficiently;


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


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


### 21. points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online , especially those purchased from non-eu economic operators; ### 21. points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online , especially those purchased from non-eu economic operators , that might not comply with the eu legislation and therefore could influence the quality and safety of constructions;


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


### 26. calls on the commission to clarify the relationship of the cpr to related internal market legislation , such as the ecodesign directive16 , the energy labelling regulation17 , the waste framework directive18 and the drinking water directive19 , and , where necessary , to streamline the relevant provisions in order to ensure legal clarity for businesses; ### 26. calls on the commission to clarify the relationship of the cpr to related internal market legislation , such as the ecodesign directive16 , the energy labelling regulation17 , the waste framework directive18 and the drinking water directive19 , and , where necessary , to streamline the relevant provisions in order to ensure legal clarity for businesses; as well as to ensure mutual reinforcement of the different instruments;


### 29. is concerned that any revision of the cpr and , in particular , the review of the cpr acquis will take significant time , while manufacturers need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards; calls on the commission to address this issue prior to any revision of the cpr and in the review of the cpr acquis; ### 29. is concerned that any revision of the cpr and , in particular , the review of the cpr acquis will take significant time , while manufacturers , building companies , builder-owners , awarding authorities , planners , member states users and end-users need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards and , among others , regulatory gaps; calls on the commission to address this issue as a matter of priority , including a targeted short-term legal amendment to cope with the urgent legal and technical challenges and at the same time to forcefully advance a fundamental revision of the cpr; calls on the commission to address this issue prior to any revision of the cpr and the review of the cpr acquis.


### a. whereas article 45 tfeu stipulates that freedom of movement must entail the abolition of any discrimination based on nationality between workers of the member states as regards employment , remuneration and other conditions of work and employment; ### a. whereas article 45 tfeu stipulates that freedom of movement of persons must entail the abolition of any discrimination based on nationality between workers of the member states as regards employment , remuneration and other conditions of work and employment; whereas article 3(3) of the treaty on european union stipulates that ‘[the union] shall promote social justice and protection’; whereas the free movement of workers is a fundamental principle of the european union; whereas article 9 of the treaty on the functioning of the european union (tfeu) states that ‘in defining and implementing its policies and activities , the union shall take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health’;


### b. whereas the free movement of workers , the freedom of establishment and the freedom to provide services are fundamental principles of the internal market; ### b. whereas the free movement of workers , the freedom of establishment and the freedom to provide services are fundamental principles of the internal market; whereas the commitment of the european union to the un 2030 agenda and the sustainable development goals , the european pillar of social rights , the european green deal and the gender equality strategy must be mainstreamed across all internal market policies , thereby giving due regard to social and environmental considerations on an equal footing with economic considerations , in order to pave the way for a sustainable internal market free from social and environmental dumping;


### c. whereas the free movement of persons is essential to the european project , is of mutual benefit to both sending and host member states , and is also a prerequisite for achieving economic , social and territorial cohesion goals; whereas the eu does not currently use the full potential of intra-eu mobility; ### c. whereas the free movement of persons is essential to the european project , is of mutual benefit to both sending and receiving member states , and is also a prerequisite for achieving economic , social and territorial cohesion goals; whereas the eu does not currently use the full potential of intra-eu mobility nor effectively enforces compliance with applicable rules on labour mobility or addresses shortcomings of the current legal framework on the protection of mobile and migrant workers;


### improving the functioning of the internal market for defence products through better implementation and enforcement of the defence package ### improving the functioning of the internal market for defence products through better implementation and the adoption of a more assertive enforcement policy as regards the defence package


### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry; ### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry , and as overarching objective , create a well-functioning , reliable and efficient european defence equipment market (edem);


### 2. emphasises that the commission’s evaluation reports concluded in 2016 that both directives have helped to open up the internal market for defence , but that much more progress is needed; calls for more up-to-date evaluations to be conducted; calls on the member states to fully implement both directives , and on the commission to ensure full and consistent enforcement; ### 2. emphasises that the commission’s evaluation reports concluded in 2016 that both directives have helped to open up the internal market for defence , but that much more progress is needed; calls for more up-to-date evaluations to be conducted; calls on the member states to fully implement both directives , and on the commission to ensure full and consistent enforcement via a more extensive use of infringement procedures;


### 3. believes , in this regard , that the commission should take a more proactive role in monitoring the exclusions used by the member states in their awarding of contracts outside the scope of the defence procurement directive , and should not be mainly reliant on received complaints filed by the industry; ### 3. believes , in this regard , that the commission should take a more proactive role in monitoring the exclusions used by the member states in their awarding of contracts outside the scope of the defence procurement directive , and should not be mainly reliant on received complaints filed by the industry; urges therefore the commission to adopt a more assertive enforcement policy;


### 8. underlines that a more coherent interpretation and consistent implementation of the eu common position on arms exports is needed in order to limit fragmentation of the eu’s internal defence market and ensure the eu’s credibility as a global actor; calls for action to address any loopholes which may exist among the ict directive , the common position and the dual-use regulation; underlines the necessity for prior authorisation before re-exporting products and components , given the discrepancies in the implementation of the common position; ### 8. underlines that a more coherent interpretation and consistent implementation of the eu common position on arms exports is needed in order to limit fragmentation of the eu’s internal defence market and ensure the eu’s credibility as a global actor; calls for action to address any loopholes which may exist among and between the ict directive , the common position and the dual-use regulation; underlines the necessity for prior authorisation before re-exporting products and components , given the discrepancies in the implementation of the common position; behind this background , rejects the use of so called de-minimis rules for the transfer of components which exempt military technology from checks against the eight arms exports criteria up to a specific threshold;


### 18. calls on the commission to be bold in enforcing the directives , including , where necessary , by making use of infringement procedures; ### 18. calls on the commission to be bold in enforcing the directives , including , where necessary , by making more use of infringement procedures;


### 1. considers that ai has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for ai to respect the principles and values of equality and non-discrimination between women and men; stresses , further , the importance of a risk-based approach and of continuous monitoring of existing and new algorithms; ### 1. considers that ai has potential to promote gender equality but further and important efforts need to be put from a regulatory point of view to eliminate conscious and unconscious bias; stresses the need for ai to respect the principles and values of equality and non-discrimination between women and men; stresses , further , the importance of a differentiated and transparent risk-based approach based on the potential harm for the individual as well as for society and of continuous monitoring of existing and new algorithms;


### b. whereas gender inequalities and discrimination have been reproduced through the design , input and use of artificial intelligence (ai) systems; whereas incomplete datasets and incorrect bias can distort the reasoning of an ai system , and jeopardise gender equality in society; ### b. whereas gender inequalities , stereotypes and the accumulation of discriminations on grounds of race , ethnic or social origin , sexual orientation , gender identities and expression , religion or belief , residence status and disability have been reproduced through the design , input and use of artificial intelligence (ai) systems; whereas incomplete and inaccurate datasets and incorrect bias distorts the reasoning of an ai system and are likely to make machine learning algorithms generate incorrect outputs , and therefore jeopardise gender equality in society; whereas data on disadvantaged groups and intersectional forms of discrimination tend to be incomplete and even absent; whereas addressing these biases requires greater vigilance , technical solutions and the development of clear requirements of fairness , accountability and transparency;


### c. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and ai-powered applications; whereas education , culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes; ### c. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and ai-powered applications; whereas education , culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes and therefore clear monitoring and an ethical and regulatory framework must be in place ahead of implementing automatized solutions for these key sectors of society;


### f. whereas ai can be used to improve learning and teaching methods , notably by helping education systems to use data to improve educational equity and quality , whilst promoting personalisation and better access to education; ### f. whereas ai can be used to improve learning and teaching methods , notably by helping education systems to use data to improve educational equity and quality , whilst promoting personalisation and better access to education; whereas the learning outcomes do not depend on technology but on how the teachers can use technology in pedagogically meaningful ways;


### j. whereas ai could have a substantial impact on special needs education , as well as on the accessibility of cultural and creative content for people with disabilities; ### j. whereas ai could potentially have a substantial impact on special needs education , as well as on the accessibility of cultural and creative content for people with disabilities;


### 2. recalls that ai may give rise to biases and thus to various forms of discrimination; in this regard , recalls that everyone’s rights must be ensured and that ai initiatives that lead to discriminatory processes should not be allowed; ### 2. recalls that ai may give rise to biases and thus to various forms of discrimination , especially where the training data used for machine-learning and ai is already biased in that it reflects existing discrimination in society; in this regard , recalls that everyone’s rights must be ensured and that ai initiatives that lead to discriminatory processes should not be allowed;


### 2. calls for policies targeted at increasing the participation of women in the fields related to science , technology , engineering and mathematics (stem) and ai , and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector; ### 2. calls for policies targeted at increasing the participation of women in the fields related to science , technology , engineering and mathematics (stem) and ai , at combatting sexism in particularly male dominated work environments such as of ai and programming and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector;


### 3. recalls the importance of strengthening digital skills at union level as a prerequisite for the use of ai in education; calls on the commission , in that regard , to make ai-related skills one of the main priorities of its next digital education action plan; ### 3. recalls the importance of strengthening digital skills at union level as a prerequisite for the proper use of ai in education; calls on the commission , in that regard , to make ai-related skills and rising awareness about potential misuses and malfunctioning of ai the main priorities of its next digital education action plan and that these skills are able to generate competences that will be relevant in the future;


### 3. notes that ai-powered education brings a wide range of possibilities and opportunities , while at the same time posing risks regarding equal access to education and learning equalities; calls for the non-discriminatory use of ai in the education sector; recalls the risks and discrimination arising from recently developed ai tools used for school admission; ### 3. notes that the use of ai in education brings a wide range of possibilities and opportunities , including raising awareness of the potentials and risks; points out that if applied to the students themselves ai poses risks regarding equal access to education and learning equalities; calls for the non-discriminatory use of ai in the education sector; recalls the risks and discrimination arising from recently developed ai tools used for school admission the use of which would be unlawful under union data protection law; reminds that automated decisions about natural persons based on profiling , where they lead to legal or similar effects , are strictly limited and always require the right to human intervention and to explicability under the general data protection regulation; underlines that this should be strictly adhered to especially in the education system , where decisions about future chances and opportunities are taken;


### 3. calls on the commission and member states to take into account ai from a gender perspective when developing policy and legislation , and , if necessary , adapt current legislation , including eu programmes; ### 3. calls on the commission and member states to integrate the gender perspective in ai and to conduct systematic gender impact assessments when developing policy and legislation; calls for the introduction in future ai regulations and programmes of gender equality targets and requirements for financing , developing and testing ai systems before they are applied with the view to eliminate potential discriminations or violations of other rights; calls to adapt current legislation , including eu programmes to that end;


### 4. stresses that the learning benefits of using ai in education will depend not on ai itself , but on how teachers use ai to meet the needs of both students and teachers; points out , therefore , the need for ai programmers to involve teachers in designing ai-sustainable solutions that are suitable for real-life educational environments; ### 4. stresses that the learning benefits of using ai in education will depend not on ai itself , but on how teachers use ai to meet the needs of both students and teachers; points out , therefore , the need for ai programmers to involve teachers in designing ai-sustainable solutions that are suitable for real-life educational environments; highlights that educational institutions need to deploy only trustworthy , ethical , human-centred technologies , auditable at every stage of their lifecycle by public authorities and civil society; recalls that free and open source solutions are the best fit to meet all these criteria;


### 4. welcomes the commission’s plan to update the digital education action plan in order to make better use of data and ai-based technologies so as to make educational systems fit for the digital age; stresses that general public awareness of ai at all levels , including awareness of ai risks relating to privacy and bias , is essential for preparing everyone to make informed decisions; ### 4. welcomes the commission’s plan to update the digital education action plan in order to make educational systems fit for the digital age , through making better use of data and improving education on data and ai-based technologies ; stresses that this is an important element to ensure there is more public awareness of ai at all levels , including awareness of ai risks relating to privacy and bias , which is essential for enabling the public to make informed decisions; invites the commission and member states to include the above in educational action plans as well as in programmes which support the arts in order to illustrate the risks and biases of ai;


### 5. recalls that data protection and privacy can be particularly affected by ai; defends the principles established in the general data protection regulation as guiding principles for ai deployment; calls for stronger protection and safeguards in the education sector where children’s data are concerned; ### 5. recalls that data protection and privacy can be particularly affected by ai; underlines the principles established in the general data protection regulation as binding principles for ai deployment; calls for stronger protection and safeguards in the education sector where children’s data are concerned;


### 5. highlights the importance of the development and deployment of ai applications in the educational , cultural and audiovisual sectors in collecting more accurate and sex-disaggregated data , and applying modern machine learning de-biasing techniques , if needed , to correct stereotype gender bias , which may have negative impacts; ### 5. highlights the importance of the development and deployment of ai applications in the educational , cultural and audiovisual sectors in collecting more accurate and sex-disaggregated and other equality data , and applying modern machine learning de-biasing techniques , if needed , to correct stereotype gender bias , which may have negative impacts; stresses the necessity to have complete , reliable and timely data and that its availability and access constitutes a prerequisite for installing ai-enhanced data analytics systems;


### 6. underlines the importance of training highly skilled professionals in the field of ai and of upskilling the future workforce to enable it to cope with the realities of an ai-driven labour market; thus encourages the member states to upgrade their educational offers with ai-related skills and to put in place specific curricula for ai developers; ### 6. underlines the importance of training highly skilled professionals in the field of ai and of upskilling the future workforce to enable it to cope with the realities of an ai-driven labour market; recalls that women are underrepresented among ai researches and that this may create important gender imbalances in the future labour market; thus encourages the member states to upgrade their educational offers with ai-related skills and to put in place specific curricula for ai developers;


### 6. underlines the need for explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power; ### 6. underlines the need for explicability of ai-based automated individual decisions and the possibility of human verification , human intervention , and for due process , including the right of appeal , specifically , but not limited to , for decisions taken within the framework of prerogatives of public power , as enshrined in the gdpr;


### 7. stresses that ai can play a significant role in preserving , promoting and managing cultural heritage , notably by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change , natural disasters and armed conflicts; ### 7. stresses that ai can play a significant role in preserving , promoting and managing cultural heritage , both the actual cultural heritage and digital or digitised cultural heritage notably by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change , natural disasters and armed conflicts;


### 7. calls on the commission to assess the risks of ai assisting the spread of disinformation in the digital environment and to propose recommendations , among others , for action against any ai-powered threats to free and fair elections and democracy; ### 7. calls on the commission to assess the risks of ai assisting the spread of disinformation in the digital environment and to propose recommendations , among others , for action against any ai-powered threats to free and fair elections and democracy; underlines that ai is also involved in the spread of disinformation about the covid-19 pandemic; calls on the commission to develop a regulatory framework that does not lead to censorship of individual content uploaded by users of social networks , but addresses the ways in which the content moderation algorithms are optimised towards engagement of their users; is seriously concerned that such optimisation favours content that is more outrageous and triggers more emotions , therefore giving a disadvantage to truthful and sober content;


### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general monitoring of the internet; ### 8. notes that ai tools are already used to fight illegal content online , with unclear results; but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general obligation to monitor the internet , nor to a general obligation to actively seek facts or circumstances indicating illegal activity;


### 14. stresses that algorithms used by media service providers and video sharing platforms should be designed in such a way that they do not privilege specific works by limiting their ‘personalised’ suggestions to the most popular works , for targeted advertising , commercial purposes or to maximise profit; ### 14. stresses that algorithms used by media service providers and video sharing platforms should be explainable and transparent for users to understand the logic behind the recommendation and ensure the personalised service is not discriminatory and does not support deepening of disinformation rabbit holes; stresses the need to guarantee and facilitate for users the option to opt out from recommended and personalised services;


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


### b. whereas services account for around 70 % of all economic activity in the eu and a similar proportion of its employment , while the share of services in intra-eu trade is only around 20 %; ### b. whereas services account for around 70 % of all economic activity in the eu and a similar proportion of its employment , while the share of services in intra-eu trade is only around 20 %; whereas reasons for which professionals may be reticent about working in another country are manifold and can be “soft” barriers and do not always relate principally to regulation issues;


### c. whereas studies show that the potential gains of completing the single market for services through effective implementation and better harmonisation of regulations could be at least eur 297 billion , corresponding to 2 % of eu gdp; ### deleted


### 1. welcomes the “cpc common position covid-19”3 issued by the commission and the consumer protection cooperation (cpc) authorities of the member states on the most recent reported scams and unfair practices in relation to the covid-19 outbreak; calls on all platforms to cooperate with the commission and the competent authorities to better identify illegal practices , take down scams and asks the commission to constantly review the common guidelines for the placement and/or sale of items and services of a false , misleading or otherwise abusive content for consumers; believes such guidelines should not only seek to apply union and national consumer law , but to proactively seek to put in place the means to react to the crisis in the market rapidly; ### 1. takes note of the “cpc common position covid-19”3 issued by the commission and the consumer protection cooperation (cpc) authorities of the member states on the most recent reported scams and unfair practices in relation to the covid-19 outbreak; calls the commission and the competent authorities to better identify illegal practices instead of general descriptions in order to speed up the tackling of the placement and/or sale of items and services of a false , misleading or otherwise abusive content for consumers; believes that the current scrutiny of union and national consumer law should put in place the means to react to the crisis in the market rapidly;


### 1. requests that the commission submit without undue delay a set of legislative proposals comprising a digital services act with a wide material , personal and territorial scope , including the recommendations as set out in the annex to this resolution; considers that , without prejudice to detailed aspects of the future legislative proposals , article 114 of the treaty on the functioning of the european union should be chosen as the legal basis; ### 1. requests that the commission submit without undue delay a set of legislative proposals comprising a digital services act with an adequate material , personal and territorial scope , including the recommendations as set out in the annex to this resolution; considers that , without prejudice to detailed aspects of the future legislative proposals , article 114 of the treaty on the functioning of the european union should be chosen as the legal basis;


### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to allow for consumer redress in the case of false or misleading advertisements; ### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity is needed as regards the functioning of online advertising ecosystem in order to establish professional diligence and obligations;


### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules; ### 3. asks the commission to clarify what sanctions or other restrictions advertisement intermediaries should be subject to if they knowingly accept false or misleading advertisements; underlines that advertisements for commercial products and services , and advertisements of a political nature , or public interest announcements are different in form and function and therefore should be subject to different guidelines and rules;


### 3. considers that any final decision on the legality of user-generated content must be made by an independent judiciary and not a private commercial entity; ### 3. stresses that the responsibility for enforcing the law shall rest with public authorities; considers that any decision on the legality of user-generated content must be made by an independent judiciary and not a private commercial entity;


### 5. underlines that eulas should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties; ### 5. underlines that eulas should always make the sharing of any data with third parties based on the consent of the user; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties; calls for development of enforcement mechanisms providing monitoring of the consumer´s right to informed consent and freedom of choice when submitting data;


### 6. underlines that the directive (eu) 2019/770 and directive (eu) 2019/771 are still to be properly transposed and implemented; asks the commission to take this into account before taking additional measures; ### 6. underlines that the directive (eu) 2019/770 and directive (eu) 2019/771 are still to be properly transposed and implemented;


### 7. notes the rise of “smart contracts” based on distributed ledger technologies; asks the commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the commission to work to ensure that such contracts with consumers are valid and binding throughout the union; that they meet the standards of consumer law , for example the right of withdrawal under directive 2011/83/eu4 ; and that they are not subject to national barriers to application , such as notarisation requirements; ### 7. notes the rise of “smart contracts” , such as those based on distributed ledger technologies; asks the commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the commission to work to ensure that such contracts meet the standards of consumer law , for example the right of withdrawal under directive 2011/83/eu4 ;


### 7. recommends the establishment of independent dispute settlement bodies tasked with settling disputes regarding content moderation; ### 7. recommends the establishment of independent dispute settlement bodies tasked with settling disputes regarding content moderation; takes the view that to protect anonymous publications and the general interest , not only the user who generated moderated content but also an independent ombudsperson and organisations safeguarding freedom of expression should be able to challenge content moderation decisions;


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


### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act; ### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of automated ex-ante controls of content , and shall refrain from imposing notice-and-stay-down mechanisms , and considers that mechanisms voluntarily employed by platforms shall not lead to any ex-ante control measures based on automated tools or upload-filtering of content;


### a. whereas digital services , being a cornerstone of the union’s economy and the livelihood of a large number of its citizens , need to be regulated in a way that balances central concerns like respect for fundamental rights and other rights of citizens , with the need to support development and economic progress; ### a. whereas digital services , being a cornerstone of the union’s economy and the livelihood of a large number of its citizens , need to be regulated in a way that respects fundamental rights while supporting economic progress and the digital environment;


### p. whereas access to data is an important factor in the growth of the digital economy; whereas the interoperability of data can , by removing lock-in effects , play an important part in ensuring that fair market conditions exist; ### p. whereas access to non-personal data is an important factor in the growth of the digital economy; whereas the interoperability of non-personal data can , by removing lock-in effects , play an important part in ensuring that fair market conditions exist;


### 9. considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society , especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; ### 9. considers that the user-targeted amplification of content based on personal information is one of the most detrimental practices in the digital society , especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; is concerned that these practices fuel so-called surveillance capitalism and rely on pervasive tracking and data-mining;


### 10. is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content; ### 10. is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require identifiable tracking of user interaction with content;


### 11. recommends , therefore , that the digital services act set clear boundaries as regards the terms for accumulation of data for the purpose of targeted advertising , especially when data are tracked on third party websites; ### 11. recommends , therefore , that the digital services act makes consent a precondition for accumulation of data for the purpose of targeted advertising , especially when data are tracked on third party websites;


### - regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation; ### - regular auditing of the algorithms employed by content hosting platforms for the purpose of content curation;


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


### - failure to provide transparent , accessible and non-discriminatory terms and conditions; ### - failure to provide fair , transparent , accessible and non-discriminatory terms and conditions;


### - failure to provide access for the european agency to content moderation and curation algorithms for review; ### - failure to provide access for the european agency to content curation algorithms for review;


### - measures to limit the data collected by content hosting platforms , based on interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements. ### - measures to limit the data collected by content hosting platforms , based on interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements and making the collection of personal data subject to user consent.


### the path to fair implementation of the rights of users as regards interoperability and portability should include: ### the path to fair implementation of the rights of users as regards interconnectivity and portability should include:


### - an assessment of the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power , in particular through the interoperability and portability of data. ### - an assessment of the possibility of defining fair contractual conditions to facilitate non-personal data sharing with the aim of addressing imbalances in market power.


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


### (5) concerning relations with users , this regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. terms and conditions should include transparent , binding and uniform standards and procedures for content moderation , which should guarantee accessible and independent recourse to judicial redress. ### (5) concerning relations with users , this regulation should lay down minimum standards for fairness , transparency and accountability of terms and conditions of content hosting platforms. terms and conditions should include fair , transparent , binding and uniform standards and procedures for content moderation , which should guarantee accessible and independent recourse to judicial redress and comply with human rights standards.


### (6) user-targeted amplification of content based on the views in such content is one of the most detrimental practices in the digital society , especially when such content is amplified on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements. ### (6) user-targeted amplification of content based on personal user information is one of the most detrimental practices in the digital society , especially when such content is amplified on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements.


### (7) in order to ensure , inter alia , that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them , including the possibility to opt out of any content curation altogether. in particular , users should not be subject to curation without specific consent. ### (7) in order to ensure , inter alia , that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them , including the possibility to opt out of any content curation altogether. in particular , users should not be subject to curation without specific consent. dominant platforms should provide users with an interface to have content curated by software or services of their choice.


### (9) this regulation should not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante control of content. ### (9) this regulation should not contain provisions forcing content hosting platforms to employ any form of automated ex-ante control of content , refrain from imposing notice-and-stay-down mechanisms and provide that content moderation procedures used voluntarily by providers shall not lead to any ex-ante control measures based on automated tools or upload-filtering of content.


### (11) the right to issue a notice pursuant to this regulation should remain with any natural or legal person , including public bodies , to which content is provided through a website or application. a content hosting platform should , however , be able to block a user who repeatedly issues false notices from issuing further notices. ### (11) the right to issue a notice pursuant to this regulation should remain with any natural or legal person , including public bodies , to which content is provided through a website or application.


### (13) all concerned parties should be informed about a decision as regards a notice. the information provided to concerned parties should also include , apart from the outcome of the decision , at least the reason for the decision and whether the decision was taken by a human , as well as relevant information regarding review or redress. ### (13) all concerned parties should be informed about a decision as regards a notice. the information provided to concerned parties should also include , apart from the outcome of the decision , at least the reason for the decision as well as relevant information regarding review or redress.


### this regulation applies to the management by content hosting platforms of content that is accessible on websites or through smart phone applications in the union , irrespective of the place of establishment or registration , or principal place of business of the content hosting platform. ### this regulation applies to the management by content hosting platforms of content that is accessible to the public on websites or through smart phone applications in the union , irrespective of the place of establishment or registration , or principal place of business of the content hosting platform. it shall not apply to non-commercial content hosting platforms and platforms with less than 100 ,000 users.


### (1) ‘content hosting platform’ means an information society service within the meaning of point (b) of article 1(1) of directive (eu) 2015/1535 of the european parliament and of the council1 of which the main or one of the main purposes is to allow signed-up or non-signed-up users to upload content for display on a website or application; ### (1) ‘content hosting platform’ means an information society service within the meaning of point (b) of article 1(1) of directive (eu) 2015/1535 of the european parliament and of the council1 of which the main or one of the main purposes is to allow signed-up or non-signed-up users to upload content for display on a publicly accessible website or application;


### 1. content management shall be conducted in a fair , lawful and transparent manner. content management practices shall be appropriate , relevant and limited to what is necessary in relation to the purposes for which the content is managed. ### 1. content management shall be conducted in a fair , lawful and transparent manner. content management practices shall comply with relevant principles of human rights law and be appropriate , relevant and limited to what is necessary in relation to the purposes for which the content is managed. content hosting platforms with 100 ,000 users or more shall conduct assessments of the direct and indirect human rights impact of their current and future content management practices on users and affected parties , and ensure appropriate follow-up to these assessments , including monitoring and evaluating the effectiveness of identified responses.


### any natural or legal person or public body to which content is provided through a website or application shall have the right to issue a notice pursuant to this regulation. ### any natural or legal person or public body to which content is provided through a website or application shall have the right to issue a notice pursuant to this regulation with or without providing personal data.


### a content hosting platform may block a user who repeatedly issues false notices from issuing further notices. ### deleted


### upon a notice being issued , and before any decision on the content has been made , the uploader of the content in question shall receive the following information: ### upon a notice being issued , and before any decision on the content has been made , the uploader of the content in question shall receive the following information and be heard where the uploader has chosen to identify and provide contact details:


### 1. content hosting platforms shall ensure that decisions on notifications are taken without undue delay following the necessary investigations. ### 1. content hosting platforms shall ensure that decisions on notifications are taken by qualified staff without undue delay following the necessary investigations.


### 2. following a notice , content hosting platforms shall decide to remove , take down or make invisible content that was the subject of a notice , if such content does not comply with legal and regulatory requirements , community guidelines or terms and conditions. ### 2. following a notice , content hosting platforms shall decide to remove , take down or disable access to content that was the subject of a notice , if such content without any doubt does not comply with legal requirements.


### whether the decision was made by a human or an algorithm; ### deleted


### article 11 ### deleted


### 1. the uploader shall have the right to refer a case of content moderation to the competent independent dispute settlement body where the content hosting platform has decided to remove or take down content or otherwise to act in a manner that is contrary to the action preferred by the uploader as expressed by the uploader. ### 1. the uploader as well as non-profit entities with a legitimate interest in defending freedom of expression and information shall have the right to refer a case of content moderation to the competent independent dispute settlement body where the content hosting platform has decided to remove or take down content or otherwise to act in a manner that is contrary to the action preferred by the uploader as expressed by the uploader or interferes with freedom of expression and information.


### a. whereas a third country cannot have the same rights and enjoy the same benefits as a member; whereas the union should consider uk participation in union and euratom programmes having the union’s interest first in mind; whereas any decision on uk participation in such programmes should take account of all relevant aspects of the envisaged partnership , since that partnership should form a coherent structure; ### a. whereas a third country cannot have the same rights and enjoy the same benefits as a member; whereas the union should consider uk participation in union programmes having the union’s interest first in mind; whereas any decision on uk participation in such programmes should take account of all relevant aspects of the envisaged partnership , since that partnership should form a coherent structure;


### 1. considers that the uk should be invited to contribute to the cohesion funds if it wishes to participate in the internal market , in accordance with the model for eea countries; ### 1. considers that the uk and the governments of its devolved nations should be invited to contribute to the cohesion funds if they wish to participate in the internal market , in accordance with the model for eea countries; believes that the uk should seek continued involvement in cross-border and other territorial cooperation programmes in the programming periods to come;


### 1. recalls its resolution of 15 january 2020 on implementing and monitoring the provisions on citizens’ rights in the withdrawal agreement1 , reiterating that the full implementation of the withdrawal agreement remains an overriding priority; ### 1. recalls its resolution of 15 january 2020 on implementing and monitoring the provisions on citizens’ rights in the withdrawal agreement1 , reiterating that the full implementation of the withdrawal agreement remains an overriding priority; considers that the full implementation of the withdrawal agreement is an essential condition to ensure the trust needed to succeed in negotiating the future relationship between the eu and the uk;


### 2. believes that the new agreement should take into account the needs of the regions affected by brexit , especially those sharing a land or sea border with the uk , such as the border regions of ireland and the coastal regions along the channel and the north sea; ### 2. believes that the new agreement should take into account the needs of the regions affected by brexit , especially those sharing a land or sea border with the uk , such as the border regions of ireland , the western regions of wales and the coastal regions along the channel and the north sea;


### 3. notes that the cross-border and transnational programmes funded through interreg play a key role in encouraging cooperation between regions in different member states , and proposes that interreg programmes should remain open to the uk in future , provided that a financial contribution is made; ### 3. notes that the cross-border and transnational programmes funded through interreg , including the wales-ireland and atlantic area programmes , play a key role in encouraging cooperation between regions in different member states , and proposes that interreg programmes should remain open to the uk and the governments of its devolved nations , provided that a financial contribution is made;


### 4. stresses that , whatever solution is found for cohesion funding in other regions , it is of the utmost importance that the peace programme continue to operate in northern ireland and the border regions of ireland , administered autonomously by the special eu programmes body; ### 4. stresses that , whatever solution is found for cohesion funding in other regions , such as in scotland and in wales , it is of the utmost importance that the peace programme continue to operate in northern ireland and the border regions of ireland , administered autonomously by the special eu programmes body;


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


### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; ### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework , which should be provided only if the eu is satisfied that uk regulatory and supervisory regime and standards continue to be fully aligned to those of the eu; calls for the future agreement to include a mechanism to regularly check that conditions for granting the equivalence are being maintained over time; recalls that equivalence decisions can be withdrawn by the commission unilaterally at any moment; recalls also its position in the report on relationships between the eu and third countries concerning financial services regulation and supervision that equivalence decision on financial services should be subject to delegated acts;


### 7. defends the need to extend the transition period in order to allow enough time to conclude the negotiations on a comprehensive future partnership , while safeguarding citizens’ rights , legal certainty and economic and financial stability. ### 7. calls for extending the transition period , especially in light with delays caused by the covid-19 outbreak , in order to allow enough time to conclude the negotiations on a comprehensive future partnership , while safeguarding citizens’ rights , legal certainty and economic and financial stability; reiterates its position that given the complexity of the negotiations and the limited timeframe , there is a real risk of a ‘cliff edge’ in economic areas where contingency measures or the international framework may not be a sufficient legal framework to prevent severe disruption;


### maritime ### maritime transport and ports


### b. whereas any uk participation in union and euratom programmes should respect all relevant rules and mechanisms and conditions of participation , as laid down in the corresponding legal bases; whereas , as a consequence and among other aspects , a fair balance as regards uk contributions and benefits should be ensured and the uk cannot enjoy decisional power on any programme; ### b. whereas any uk participation in union programmes should respect all relevant rules and mechanisms and conditions of participation , as laid down in the corresponding legal bases; whereas , as a consequence and among other aspects , a fair balance as regards uk contributions and benefits should be ensured and the uk cannot enjoy decisional power on any programme;


### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; ### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors , given the high degree of economic integration and geographic proximity between the eu and the uk;


### (ii) relevant tax matters , including the fight against tax evasion and avoidance and money laundering; ### (ii) relevant tax matters , including the fight against tax evasion and avoidance and money laundering as well as financial services ;


### a. whereas the concept of ‘liability’ plays an important double role in our daily life: on the one hand , it ensures that a person who has suffered harm or damage is entitled to claim compensation from the party proven to be liable for that harm or damage , and on the other hand , it provides the economic incentives for natural and legal persons to avoid causing harm or damage in the first place; ### a. whereas the concept of ‘liability’ plays an important double role in our daily life: on the one hand , it ensures that a person who has suffered harm or damage is entitled to claim and receive compensation from the party proven to be liable for that harm or damage , and on the other hand , it provides the economic incentives for natural and legal persons to avoid causing harm or damage in the first place or price the risk of having to compensate into their behaviour;


### b. whereas ai in transport is driving the evolution of the next generation of it systems and its application involves using many types of technologies such as autonomous vehicles and traffic management solutions; ### b. whereas ai in transport is driving the evolution of the next generation of it systems and its application involves using many types of technologies such as autonomous vehicles and traffic management solutions , particular attention also needs to be paid to interoperability;


### b. whereas any future-orientated liability framework has to strike a balance between efficiently protecting potential victims of harm or damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible; whereas ultimately , the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party; ### b. whereas any future-orientated liability framework has to strike a balance between efficiently and fairly protecting potential victims of harm or damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible; whereas ultimately , the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the operator , the affected person or any other third party;


### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , hunger and starvation); ### 1. considers that the challenge related to the introduction of ai-systems into society , the workplace and the economy is one of important questions on the current political agenda; whereas technologies based on a i could , and should endeavour to improve our lives in almost every sector , from the personal sphere (e.g. personalised education , assistance to vulnerable persons , fitness programs) , to the working environment (e.g. alleviation from tedious and repetitive tasks) and to global challenges (e.g. climate emergency , hunger and starvation);


### 2. underlines that automated functionalities can bring significant safety improvements in the medium and long term; notes that ai could also be used for planning and guiding logistics chains , and for increasing efficiency , resilience , reliability and flexibility; ### 2. underlines that automated functionalities can bring significant safety improvements in the medium and long term; notes that ai could also be used for planning and guiding logistics and block chains , and for increasing efficiency , resilience , reliability and flexibility;


### 3. stresses the importance of defining a clear division of responsibilities between software developers , manufacturers of various components , service providers and operators and end users; ### 3. stresses the importance of defining a clear division of responsibilities between software developers , manufacturers of various components , service providers , operators and end users in order to i.a. ensure best possible product safety , the appropriate allocation of risks , responsibility and liability relating also to operating software failures , network failures and risks and externalities relating to programming choices that are currently not adequately covered;


### 3. states that the digital single market needs to be fully harmonized since the digital sphere is characterized by rapid cross-border dynamics and international data flows; considers that the union will only achieve the objectives of maintaining eu’s digital sovereignty and of boosting digital innovation made in europe with consistent and common rules; ### 3. states that the digital single market needs to be fully harmonized since the digital sphere is characterized by rapid cross-border dynamics and international data flows; considers that the union can contribute to objectives such as building capacity and capability within the eu and boosting digital innovation made in europe with consistent and common rules;


### 4. underlines that for ai-related applications with a specific high-risk profile , there is a need for a risk-based approach depending on the levels of automation; ### 4. underlines that for ai-related applications with a specific high-risk profile , there is a need for a risk-based approach depending on the levels of automation; risks relating to hacking and cybercrime need to be adequately addressed


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


### 6. emphasises the need to guarantee the same level of product safety as that currently existing , to ease the remedy to victims of accidents , to avoid increasing current litigation costs; and to avoid legal uncertainty , especially for businesses that are marketing their products in the eu and globally; ### 6. emphasises the need to guarantee at least the same level of product safety as that currently existing ones , also taking account of the eu vision zero target , to ease the remedy to victims of accidents , to avoid increasing current litigation costs; and to avoid legal uncertainty , especially for businesses that are marketing their products in the eu and globally; and in this respect insists that there should be no limitation of liability regarding the nature and extent of the damage to be compensated in order to guarantee adequate victim protection


### 6. notes that all physical or virtual activities , devices or processes that are driven by ai-systems may technically be the direct or indirect cause of harm or damage , yet are always the result of someone building , deploying or interfering with the systems; is of the opinion that the opacity and autonomy of ai-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the ai-systems to specific human input or to decisions in the design; recalls that , in accordance with widely-accepted liability concepts , one is nevertheless able to circumvent this obstacle by making the persons who create , maintain or control the risk associated with the ai-system , accountable; ### 6. notes that all physical or virtual activities , devices or processes that are driven by ai-systems may technically be the direct or indirect cause of harm or damage , yet are always the result of someone building , deploying or interfering with the systems; is of the opinion that ai-systems designed to be auditable and open for the agency of a human operator at any time can support the possibility to trace back specific harmful actions of the ai-systems to specific input or to decisions in the design; recalls that , in accordance with widely-accepted liability concepts , obstacles to this can nevertheless be circumvented by making the persons who create , maintain or control the risk associated with the ai-system , accountable;


### 7. considers that the product liability directive (pld) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence , notes that it should also be used with regard to civil liability claims against the producer of a defective ai-system , when the ai-system qualifies as a product under that directive; if legislative adjustments to the pld are necessary , they should be discussed during a review of that directive; is of the opinion that , for the purpose of legal certainty throughout the union , the ‘backend operator’ should fall under the same liability rules as the producer , manufacturer and developer; ### 7. considers that the product liability directive (pld) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence , notes that it should also be used with regard to civil liability claims against the producer of a defective ai-system , when the ai-system qualifies as a product under that directive; if legislative adjustments to the pld are necessary , they should be discussed during a review of that directive; is of the opinion that , for the purpose of legal certainty throughout the union , the ‘backend operator’ should fall under the same liability rules as the producer , manufacturer and developer , notwithstanding its proportionate liability according to their contribution of risk to the harm regulated under these provisions;


### 8. considers that the existing fault-based tort law of the member states offers in most cases a sufficient level of protection for persons that suffer harm caused by an interfering third person like a hacker or whose property is damaged by such a third person , as the interference regularly constitutes a fault-based action; notes that only for cases in which the third person is untraceable or impecunious , additional liability rules seem necessary; ### 8. considers that the existing fault-based tort law of the member states offers in most cases a sufficient level of protection for persons that suffer harm caused by an interfering third person like a hacker or whose property is damaged by such a third person , as the interference regularly constitutes a fault-based action; notes that only for cases in which the third person is untraceable or impecunious , additional liability rules seem necessary; nuances , however , that , this is notwithstanding a malicious intent or gross negligence on behalf of the user of the application , and it must be accounted for in addition to the strict liability of operator or manufacturer;


### 9. considers it , therefore , appropriate for this report to focus on civil liability claims against the deployer of an ai-system; affirms that the deployer’s liability is justified by the fact that he or she is controlling a risk associated with the ai-system , comparable to an owner of a car or pet; considers that due to the ai-system’s complexity and connectivity , the deployer will be in many cases the first visible contact point for the affected person; ### 9. considers it , therefore , appropriate for this report to focus on civil liability claims against the operator of an ai-system; affirms that the operator’s liability is justified by the fact that he or she is controlling a risk associated with the ai-system , comparable to an owner of a car or pet; considers that due to the ai-system’s complexity and connectivity , the operator will be in many cases the first visible contact point for the affected person


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


### 11. considers it appropriate to define the deployer as the person who decides on the use of the ai-system , who exercises control over the risk and who benefits from its operation; considers that exercising control means any action of the deployer that affects the manner of the operation from start to finish or that changes specific functions or processes within the ai-system; ### 11. considers it appropriate to define the operator as the person who exercises control over the risk and who benefits from its operation; considers that exercising control means any action of the operator that affects the manner of the operation from start to finish or that changes specific functions or processes within the ai-system;


### 12. asks the commission to present guidelines to avoid fragmented regulatory approaches at national level , taking into consideration the product liability directive and national liability regimes. ### 12. calls on the commission to explore the possibility of establishing a eu body , made up of the various member state regulators to ensure oversight on european level in order to recommend actions to the commission when liability rules are unclear or need to be adjusted or when ai systems used in transport violate fundamental rights; also asks the commission to present guidelines to avoid fragmented regulatory approaches at national level , taking into consideration the product liability directive and national liability regimes.


### 12. notes that there could be situations in which there is more than one deployer; considers that in that event , all deployers should be jointly and severally liable while having the right to recourse proportionally against each other; ### 12. notes that there could be situations in which there is more than one operator; considers that in that event , all operators and , if applicable , users should be jointly and severally liable while having the right to recourse proportionally against each other;


### e. whereas artificial intelligence (ai)-systems present significant legal challenges for the existing liability framework and could lead to situations , in which their opacity could make it extremely expensive or even impossible to identify who was in control of the risk associated with the ai-system or which code or input has ultimately caused the harmful operation; ### e. whereas artificial intelligence (ai)-systems present significant legal challenges for the existing liability framework and could lead to situations , in which their opacity could make it extremely difficult or even impossible to identify who was in control of the risk associated with the ai-system or which code , input or data has ultimately caused the harmful operation , which should be avoided thanks to relevant transparency and information obligations to be borne by the accountable persons;


### f. whereas this difficulty is compounded by the connectivity between an ai-system and other ai-systems and non-ai-systems , by the dependency on external data , by the vulnerability to cybersecurity breaches as well as by the increasing autonomy of ai-systems triggered by machine-learning and deep-learning capabilities; ### f. whereas this difficulty results from the fact that ai-systems and non-ai-systems depend on external data and are subject to imperfection , resulting in the possibility for vulnerability to cybersecurity breaches , as well as from the design of increasingly autonomous ai-systems using , inter alia , machine-learning and deep-learning techniques;


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


### liability of the deployer ### liability of the operator


### 13. recognises that the type of ai-system the deployer is exercising control over is a determining factor; notes that an ai-system that entails a high risk potentially endangers the general public to a much higher degree; considers that , based on the legal challenges that ai-systems pose to the existing liability regimes , it seems reasonable to set up a strict liability regime for those high-risk ai-systems; ### 13. recognises that the type of ai-system the operator is exercising control over is a determining factor; notes that an ai-system that entails a high risk and act autonomously potentially endangers the general public to a much higher degree; considers that , based on the legal challenges that ai-systems pose to the existing liability regimes , it seems reasonable to set up a strict liability regime for those high-risk autonomous ai-systems;