23 Amendments of Alessandra BASSO related to 2021/0105(COD)
Amendment 116 #
Proposal for a regulation
Recital 29
Recital 29
(29) The manufacturer or the manufacturer’s authorised representative should also ensure that a risk assessment is carried out for the machinery product, which the manufacturer wishes to place on the market. For this purpose, the manufacturer should determine which of the essential health and safety requirements that are applicable to the machinery product and in respect of which measures must be taken to address the risks that the machinery product may present. Where the machinery product integrates an artificial intelligence system, the risks identified during the risk assessment should include thosean appropriate guideline should be developed, in order to correctly evaluate possible further risks that may appear during the machinery product’s lifecycle due to an intended evolution of its behaviour to operate with varying levels of autonomy. In this respect, where the machinery product integrates an artificial intelligence system, the risk assessment for the machinery product should consider the risk assessment for thatThe guideline defining risk assessment procedures for the machinery including AI should also take into account the risk assessment (and related terminology and risk levels) for artificial intelligence system that has been carried out pursuant to Regulation (EU) .../... of the European Parliament and of the Council23 . __________________ 23 + OJ: Please insert in the text the number of the Regulation contained in document ….
Amendment 124 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Nevertheless, provisions set out in Articles 5(1) and 21(2) of this Regulation should apply only to AI systems with self- determining, evolving behaviour during normal operation. On the contrary, they should not apply to conventional software not capable to learn or evolve and programmed only to execute certain automated functions of machinery products.
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicletractors, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 167/2013, with the exclusion of machinery mounted on those vehicles;
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) an assembly as referred to in points (a), (b), (c), (d) and (e) missing only the upload of a software intended for itsthe specific application foreseen by the manufacturer and which is the subject of the conformity assessment procedure of the machinery product.
Amendment 174 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘artificial intelligence system’ means an artificial intelligence system as defined in Article 3(1) of Regulation (EU) .../... of the European Parliament and of the Council28; , and that only applies to artificial intelligence systems with self- determining, evolving behaviour or logic during normal operation; __________________ 28 + OJ: Please insert in the text the number of the Regulation contained in document … and insert the number, date, title and OJ reference of that Regulation in the footnote."
Amendment 213 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where machinery products contain an artificial intelligence system, to which the essential health and safety requirements of Regulation (EU) …/… apply, this Regulation shall, in relation to that artificial intelligence system, only apply with regard to its safe integration into the overall machinery and only applies to artificial intelligence systems with self- determining, evolving behaviour or logic during normal operation, so as not to compromise the safety of the machinery product as a whole.
Amendment 233 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 253 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex V, shall contain the elements specified in the relevant modules set out in Annexes VI, VII, VIII and IX and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the machinery product is placed on the market or is made available on the market.
Amendment 318 #
Proposal for a regulation
Annex I – point 24
Annex I – point 24
24. SoftwareThe safety component software of AI systems ensuring safety functions, including AI systems.
Amendment 320 #
Proposal for a regulation
Annex I – point 25
Annex I – point 25
Amendment 332 #
Proposal for a regulation
Annex II – point 18
Annex II – point 18
18. Software of AI systems ensuring safety functions, including AI systems.
Amendment 339 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
(e) A machinery product shall be designed and constructed in such a way that it is possible for the user to test the safety functions, and the where applicable. A machinery product shallmust be supplied with all the special equipment and accessories, and where appropriate, with the description of specific functional test procedures, essential to enable it to be tested, adjusted, maintained and used safely.
Amendment 347 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
(f) adapting a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy to respond to people adequately and appropriately (verbally through words and non-verbally through gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.
Amendment 354 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 2
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 2
A hardware component relevant for connection or access to software that is critical for the compliance of the machinery product with the relevant health and safety requirements shall be designed so that it is adequately protected against accidental or intentional corruption. The machinery product shall collect evidence of a legitimate or illegitimate intervention in the aforementioned hardware component, when relevant for connection or access to software that is critical for the compliance of the machinery product.
Amendment 363 #
Proposal for a regulation
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
(a) they can reasonably withstand, where appropriate to the circumstances and the risks, the intended operating stresses and intended and unintended external influences, including known malicious attempts from third parties to create a hazardous situation;
Amendment 380 #
Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
Amendment 383 #
Proposal for a regulation
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
In the case of machinery into which persons shall enter for operation, adjustment, maintenance or cleaning, the machinery accesses shall be dimenesiogned and adapted for the use of rescue equipment in such a way that a timely rescue of the persons is guaranteedtaking emergency rescue into consideration.
Amendment 388 #
Proposal for a regulation
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point a
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point a
(a) mark on the machinery product andor in an accompanying paper how to access the digital instructions;
Amendment 400 #
Proposal for a regulation
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b
Amendment 401 #
Proposal for a regulation
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b a (new)
Annex III – Part 3 – point 3.1 – point 3.1.1 – point b a (new)
(ba) ‘Driver’ means an operator responsible for the movement of a machine. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may guide the machinery by remote control.
Amendment 408 #
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
A visual or audible signal shall be provided at the driving position alertingto warn the driver when he is in the driving position and not using the restraint system is not active.
Amendment 420 #
Proposal for a regulation
Annex III – Part 3 – point 3.5 – point 3.5.4 – paragraph 2
Annex III – Part 3 – point 3.5 – point 3.5.4 – paragraph 2
Amendment 431 #
Proposal for a regulation
Annex IV – Part A – paragraph 2 – point n
Annex IV – Part A – paragraph 2 – point n