26.10.2022

The View from Brussels #227

Highlights from the Past Week

CW 42 / Monday, 17 to Thursday, 20 October: Plenary Sessions Week (Strasbourg);

ARTIFICIAL INTELLIGENCE – GENERAL AGREEMENT DEFERRED TO 6 DECEMBER: The Czech EU Presidency circulated a new compromise (PDF) on the AI Act last week, which is set to be the basis for an agreement next month.

The compromise confirmed a wide-ranging exemption for defence and national security purposes, as well as extended exemptions for law enforcement. Another exemption added to the scope concerns non-professional users, with the exception of transparency obligations. The adjective “remote” for biometric recognition was reintroduced because Member States grew wary that fingerprints would also fall under the scope.

The approach of tasking the Commission to tailor the obligations in an implementing act to align the obligations on general AI has been maintained. Other changes concern the list of high-risk schemes (with insurance re-inserted), sandboxes, transparency obligations, common specifications and sanctions. Significant changes were also made to the governance aspect, with the Commission’s tasks to set up a pool of experts and conduct market surveillance having been expanded. (see Euractiv and Contexte, paywall, FR)

CSAM I – DRAFT OPINION PUBLISHED BY THE CULT COMMITTEE: The CULT Committee last week published the opinion (PDF) of MEP N. Kizilyurek (Left, CY).

The draft focuses on elements such as the rights of the victims, the role of the EU Centre, the role of prevention and of hotlines, in addition to some minor editorial and technical proposals.

The rapporteur presented ideas “to reinforce prevention measures among children through education and with a focus on digital skills and competences, including media literacy”.

He paid particular attention to the need to support victims and their families, including clear information on investigations that concern them and on the necessary information to be provided when CSAM is involved in their representation.

In a number of amendments, the importance of prevention was emphasised – including via prevention campaigns and increased cooperation between EU headquarters and national authorities.

In Recital 70, the rapporteur adds that the role of hotlines “should be reinforced and hotlines should continue to facilitate this fight, while being able to maintain their current design” and that “anonymous public reporting is crucial to countering child sexual abuse. The promotion of hotlines by the EU Centre and the Coordinating Authorities through the educational systems of Member States education in order to educate youth and reach potential victims is of great importance”.

Article 34, Paragraph 1 introduces the idea that users who wish to raise an infringement with a Coordinating Authority “shall also have the right to lodge such a complaint through the national hotlines of the Member State where the user resides or is established. These hotlines shall transmit such complaints to the relevant Coordinating Authority”.

With regard to the next steps, the draft opinion is expected to be discussed during the meeting on 14 November and the deadline for amendments will be 22 November. A technical meeting will also be held in November.

CSAM II – TECHNICAL DETECTION OVERRATED: EDRi, in drawing on data from one of its members, reports that police forces currently experience high rates of false alarms due to voluntary reporting by technology companies and the use of automated tools. Similar to that instance in Switzerland, in 2020, Irish police marked only about 20 per cent of referrals – 852 out of 4192 reports – from the US organisation NCMEC as child abuse material. (see position paper EDRi, PDF)

CHIPS ACT – COUNCIL MOVES CLOSER TO AGREEMENT: The Czech EU Presidency circulated a second compromise text on the Chips Act, marking an important step towards a general orientation that the Presidency hopes to achieve by early December. The document, which the Council discussed on Wednesday, covers aspects of the scope of the regulation, measures to ensure that the initiative does not only benefit the largest Member States, and a more substantial role for national authorities in market oversight under the regulation’s mechanisms for preventing supply chain disruptions. (see Euractiv)

CRITICAL INFRASTRUCTURES – COMMISSION SEEKING FASTER IMPLEMENTATION OF NIS2: The Commission wants to encourage Member States to speed up the implementation of the Network and Information Security Directive (NIS2) and the Directive on the Resilience of Critical Entities (CER) to respond to increased threats towards critical infrastructure. In response to geopolitical tensions in general and the recent attacks on the Nord Stream 2 pipeline in particular, the Commission’s draft recommendation calls on states to conduct risk assessments of their vulnerability and take measures to improve their preparedness for a possible attack. (see Euractiv)

The EU Commission has called on European governments to secure their 5G mobile networks. “Member States that have not yet imposed restrictions on high-risk providers should do so without delay, as time lapses can increase the vulnerability of the Union’s networks,” the Commission writes in a recommendation on critical infrastructure protection published last week. (see press release COM)

DIGITAL MARKETS ACT – COMMISSION BEGINS WORKSHOPS: The Commission’s inaugural Digital Markets Act (DMA) workshop is set to take place on 7 December.

The first half of the day will be dedicated to a public discussion on Article 6(5) DMA – which restricts digital gatekeepers from treating their own products and services more favourably than those of competitors offered on their platform. The second half will focus on how gatekeepers should comply with the rules in order to meet the DMA’s expectations. (see Politico Pro, paywall)

DIGITAL SERVICES ACT – PUBLICATION IN THE COMING WEEK: Last week, the Digital Services Act (DSA) was ceremonially signed in Strasbourg by the Council and Parliament Presidencies. According to media information, it will be published in the Official Journal of the EU as early as next Thursday. This would mean that it would come into force in the second half of November. The first effects of the DSA will already be felt seven months after its entry into force by very large platforms regulated by the European Commission – i.e., by May 2023. After that, it will apply to the remaining online services 15 months after entry into force – by February 2024. (see Contexte, paywall, FR)

INFRASTRUCTURE DEBATE – COMMISSION CASTS ASIDE CONCERNS ON NET NEUTRALITY: MEP P. Breyer addressed Commissioner Vestager and Commissioner Breton in an open letter (PDF). In it, he expressed his concern that the forthcoming proposal based on the sender principle would undermine the principle of net neutrality. While acknowledging some of Breyer’s concerns, as the reply (PDF) reads, the Commission rules out any impact on net neutrality and urges “the promotion of better investment incentives for the roll-out of gigabit connectivity, through the creation of a virtuous cycle that creates a mutually beneficial environment to all players in the ecosystem”. The letter also refers to the revision of the Broadband Cost Reduction Directive, confirming to some degree that the revision scheduled for July is delayed because the Commission is considering it together with the infrastructure levy initiative. (see Patrick Breyer blog)

ENERGY – COMMISSION PRESENTS MEASURES FOR DIGITALISATION OF THE ENERGY SECTOR: The EU Commission wants to promote the digitalisation of the energy system with an Action Plan. In this way, its intention is that Europe will become independent of fossil fuels and overcome the climate crisis. Ultimately, the accelerated digitalisation of the sector should also help to reduce consumers’ energy bills. To this end, the Commission plans to radically reshape the European energy system. It envisages new rules for data centres and also intends to authorise Member States to temporarily block energy-intensive crypto mining.

The Action Plan has three strands:

  • the development of a strong governance framework for a common European energy data space;
  • controlling the growing energy consumption of IT and communications technology – including through an environmental labelling scheme for data centres, an energy label for computers and an energy efficiency label for blockchains;
  • strengthening the cybersecurity of energy networks through new legislation.

(see press release COM)

DATA RETENTION – EXTENDED IN FRANCE FOR ONE YEAR: With a decree that came into force on 21 October, French Prime Minister Élisabeth Borne extended the data retention of communications data of all citizens in France for another year.

The comprehensive obligation for data retention includes connection data (IP addresses, port numbers, identification numbers of users and their devices, date, time and duration of communication, data of additional services and their providers) as well as the location data of electronic communication of the entire population. Accordingly, providers in France are obliged to retain this level of customers’ data for 12 months. (see Patrick Breyer blog – DE)

FRANCE – CNIL FINES CLEARVIEW AI: The French data protection regulator, the Commission Nationale de l’Informatique et des LibertĂ©s (CNIL), has fined the US facial recognition provider Clearview AI with the maximum possible penalty under the General Data Protection Regulation (GDPR), amounting to 20 million Euro. In addition, the CNIL has ordered the provider to stop collecting data and to demonstrably delete the unlawfully collected data of French citizens within two months. If Clearview does not comply with the injunction, it faces further fines of 100,000 Euro per day. (see Techcrunch)

Relevant Publications, including from the EP Think Tank:

Outlook for the Current Week

You can find a list of the upcoming dates of the European Parliament here. The meeting calendar for 2022 can be found here (PDF). In ITRE and IMCO, the Data Act will be discussed on Wednesday morning – with a public hearing in the Industry Committee.

An overview of the most important dates of the Council week can be found here and the meeting calendar can be accessed here. You can access the official calendar of the Czech Presidency here (PDF).

Included among these dates are:

Summits and Ministerial Meetings:

Preparatory Bodies:

Information on the weekly Commission meeting can be found on the Commission’s website in the preview (PDF) or (at short notice) in the current agenda.

The following topics are on the agenda for the coming week:

  • Zero pollution package
    • Integrated water management–revised lists of surface and groundwater pollutants
    • Revision of EU ambient air quality legislation
    • Review of the urban wastewater treatment directive
  • Instant payment regulation

You can find the judicial calendar of the ECJ here. On Thursday, the Advocate General will deliver his opinion in the Quadratur du Net case concerning personal data and combatting copyright infringement (C-470/21).

European Parliament Committees

CW 43 / Monday, 24 to Thursday, 27 October: Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

Excerpt from the draft agenda

 

Tuesday, 25 October 2022, 14.30-18.30

  1. Transparency and targeting of political advertising

LIBE/9/07813

***I 2021/0381(COD) COM(2021)0731 – C9-0433/2021

 

Rapporteur for the opinion:
Anna Júlia Donáth (Renew) PA – PE734.324v01-00
AM – PE735.535v01-00
Responsible:
IMCO* Sandro Gozi (Renew) PR – PE732.754v01-00
AM – PE736.517v01-00
AM – PE736.500v01-00
  • Adoption of draft opinion (to be confirmed)

Wednesday, 26 October 2022, 17.30-18.30

  1. Harmonised rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts

CJ40/9/07994

***I 2021/0106(COD) COM(2021)0206 – C9-0146/2021

 

Rapporteurs:
Brando Benifei (S&D)
DragoĹź Tudorache (Renew)
PR – PE731.563v01-00
AM – PE732.836v01-00
AM – PE732.840v01-00
AM – PE732.841v01-00
AM – PE732.837v01-00
AM – PE732.843v01-00
AM – PE732.802v01-00
AM – PE732.844v01-00
AM – PE732.838v01-00
AM – PE732.839v01-00
Responsible:
IMCO, LIBE*
  • Consideration of compromise amendments

Further Meetings (Calendar)

  • Monday, 7 November, 15.00-18.30 (Brussels)
  • Tuesday, 8 November, 9.00-12.30 and 14.30-18.30 (Brussels)

JURI Committee (Legal Affairs)

Current Meetings

  • Wednesday, 26. October 2022, 9.00-12.30 and 30-18.30 (Brussels)
  • Wednesday, 26 October 2022 (with LIBE)
  • Thursday, 27 October 2022, 9.00-12.30 (Brussels)

Excerpt from the draft agenda

26 October 2022, 11.00 – 12.30

  1. Establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)

JURI/9/08456

***I 2022/0032(COD) COM(2022)0046 – C9-0039/2022

 

Rapporteur for the opinion:
Tiemo Wölken (S&D) PA – PE736.697v01-00
Responsible:
ITRE* Dan Nica (S&D) PR – PE731.655v01-00
AM – PE737.266v01-00
AM – PE737.359v01-00
AM – PE737.348v01-00
  • Consideration of draft opinion
  • Deadline for tabling amendments:28 October 2022, 17.00

27 October 2022, 9.00 – 10.00

  1. Harmonised rules on fair access to and use of data (Data Act)

JURI/9/08517

***I 2022/0047(COD) COM(2022)0068 – C9-0051/2022

 

Rapporteur for the opinion:
Ibán García Del Blanco (S&D) PA – PE736.696v01-00
Responsible:
ITRE* Pilar del Castillo Vera (PPE) PR – PE732.704v01-00
  • Consideration of draft opinion
  • Deadline for tabling amendments:8 November 2022, 12.00
  1. Study on IPR and the use of open data and data sharing initiatives by public and private actors

* * *

27 October 2022, 10.00 – 10.30

*** Voting time ***

  1. Amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity

JURI/9/06239

***I 2021/0136(COD) COM(2021)0281 – C9-0200/2021

 

Rapporteur for the opinion:
Pascal Arimont (PPE) PA – PE731.697v01-00
AM – PE732.925v01-00
Responsible:
ITRE* Romana Jerković (S&D) PR – PE732.707v01-00
AM – PE734.285v01-00
AM – PE734.286v01-00
  • Adoption of draft opinion
  • Deadline for tabling amendments:10 June 2022, 12.00

Further Meetings (Calendar)

  • Thursday, 17 November 2022 (Brussels)
  • Monday, 28 November 2022 (Brussels)
  • Tuesday, 29 November 2022 (Brussels)

Dossiers Timetable (5 October 2022)

 

ITRE Committee (Industry)

Current Meetings

  • Wednesday, 26 October 2022, 9.00-12.30 and 14.30-18.30 (Brussels)
  • Thursday, 27 October 2022, 9.00-12.30 (Brussels)

Excerpt from the draft agenda

 

26 October 2022, 9.00 – 12.30

  1. Harmonised rules on fair access to and use of data (Data Act)

ITRE/9/08515

***I 2022/0047(COD) COM(2022)0068 – C9-0051/2022

 

Rapporteur:
Pilar del Castillo Vera (PPE) PR – PE732.704v01-00
Responsible:
ITRE*
Opinions:
IMCO* Adam Bielan (ECR) PA – PE736.701v01-00
JURI* Ibán García Del Blanco (S&D) PA – PE736.696v01-00
LIBE* Sergey Lagodinsky (Verts/ALE)
  • Consideration of draft report
  • Deadline for tabling amendments:9 November 2022, 12.00

26 October 2022, 10.30 – 12.30

Public hearing

  1. Data Act: creating growth and innovation

ITRE/9/10299

* See separate draft programme

26 October 2022, 14.30 – 18.30

*** Items 7 and 8 in physical presence only ***

  1. Structured dialogue with Ms Margrethe Vestager, Executive Vice-President for A Europe Fit for the Digital Age, with particular focus on Energy/State aid, the Cyber Resilience Act and the Single Market Emergency Instrument
  2. Presentation by Ms Kadri Simson, Commissioner for Energy, and Ms Ditte Juul Jørgensen, Director-General of DG ENER, on proposals tackling the energy crisis

* * *

  1. Laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union

ITRE/9/08708

***I 2022/0085(COD) COM(2022)0122 – C9-0122/2022

 

Rapporteur:
Henna Virkkunen (PPE) PR – PE737.231v01-00
Responsible:
ITRE*
Opinions:
BUDG Nils Ušakovs (S&D) AD – PE732.682v02-00
AM – PE734.223v01-00
LIBE*  (ID)
AFCO Markéta Gregorová (Verts/ALE) PA – PE730.184v01-00
  • Consideration of draft report
  • Deadline for tabling amendments:27 October 2022, 12.00

Further Meetings (Calendar)

 

  • Monday, 14 November 2022, 15.00-18.30 (Brussels)

Dossiers Timetable (18 October 2022)

 

IMCO Committee (Internal Market)

Current Meetings

  • Wednesday, 26 October 2022, 9.00-12.30 and 14.30-18.30 (Brussels)
  • Wednesday, 26. October 2022 (with LIBE)
  • Thursday, 27 October 2022, 9.00-13.00 (Brussels)

Excerpt from the draft agenda

  1. Harmonised rules on fair access to and use of data (Data Act)

IMCO/9/08516

***I 2022/0047(COD) COM(2022)0068 – C9-0051/2022

 

Rapporteur for the opinion:
Adam Bielan (ECR) PA – PE736.701v01-00
Responsible:
ITRE* Pilar del Castillo Vera (PPE) PR – PE732.704v01-00
  • Consideration of draft opinion
  • Deadline for tabling amendments: 9 November 2022, 12.00

 

  1. Transparency and targeting of political advertising

IMCO/9/07812

***I 2021/0381(COD) COM(2021)0731 – C9-0433/2021

 

Rapporteur:
Sandro Gozi (Renew) PR – PE732.754v01-00
AM – PE736.517v01-00
AM – PE736.500v01-00
Responsible:
IMCO*
  • Consideration of amendments

27 October 2022, 9.00 – 9.30

  1. Establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)

IMCO/9/08360

***I 2022/0032(COD) COM(2022)0046 – C9-0039/2022

 

Rapporteur for the opinion:
Maria-Manuel Leitão-Marques (S&D) PA – PE735.490v02-00
AM – PE735.486v01-00
Responsible:
ITRE* Dan Nica (S&D) PR – PE731.655v01-00
  • Consideration of compromise amendments

  1. Implementation of the Audiovisual Media Services Directive

IMCO/9/08914

2022/2038(INI)

 

Rapporteur for the opinion:
Marc Angel (S&D) PA – PE734.307v01-00
Responsible:
CULT Petra Kammerevert (S&D)
  • Consideration of draft opinion
  • Deadline for tabling amendments: 15 November 2022, 12.00

Further Meetings (Calendar)

  • Open

Dossiers Timetable (September 2022)

 

CULT Committee (Culture)

Current Meetings

  • Monday, 24 October 2022, 15.00-18.30 (Brussels)
  • Tuesday, 25 October 2022 9.00-12.30 and 15.00-18.30 (Brussels)

Excerpt from the draft agenda

 

25 October 2022, 9.00 – 12.30

  1. Election of the second vice-chair

*** Electronic vote ***

  1. Transparency and targeting of political advertising

CULT/9/07877

***I 2021/0381(COD) COM(2021)0731 – C9-0433/2021

 

Rapporteur for the opinion:
Sabine Verheyen (PPE) PA – PE735.573v01-00
AM – PE736.395v01-00
Responsible:
IMCO* Sandro Gozi (Renew) PR – PE732.754v01-00
AM – PE736.517v01-00
AM – PE736.500v01-00
  • Adoption of draft opinion

*** End of electronic vote ***

  1. Presentation of the OMC report on Cultural Heritage and Climate Change – Strengthening Cultural Heritage Resilience for Climate Change
  2. Public hearing on “Implementation of the revised Audiovisual Media Services Directive”

* * *

Further Meetings (Calendar)

  • Monday, 14 November 2022 (Brussels)

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

Excerpt from the draft agenda

 

Wednesday, 26 October 2022

  1. Hearing on “Big Tech and Spyware II”
  2. Hearing on “Spyware and e-privacy”

Thursday, 27 October 2022

  1. Hearing on “The impact of Spyware on Fundamental Rights” and
    Hearing on “The impact of Spyware on Democracy and Electoral Processes” 

Further Meetings

  • Monday, 14 November 2022, 15.00-18.30 (Brussels)

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

  • Thursday, 27 October 2022, 14.30-18.30 (Brussels)

Excerpt from the draft agenda

The ING2 Special Committee will hold two hearings on Thursday 27 October 2022: From 14.30 to 16.30 “Russian interference in the European Union: the distinct cases of Hungary and Spain”, which will be followed by the hearing on “Foreign interference and disinformation in enlargement countries, including Western Balkans”.

Further Meetings (Calendar)

  • Open

Further Parliamentary Calendar Dates

  • CW 44 / Monday, 31 October to Friday, 4 November: Green Week (no meetings);
  • CW 45 / Monday, 7 to Thursday, 10 November: Mini-Plenary Sessions Week (Brussels);
  • CW 46 / Monday, 14 to Thursday, 17 November: Political Group and Committee Meetings Week (Brussels);
The View from Brussels 1 October 2018