The View from Brussels #230

Highlights from the Past Week

CW 45 / Monday, 7 to Thursday, 10 November: Mini Plenary Sessions Week (Brussels);

CSAM I – CZECH PRESIDENCY WITH NEW COMPROMISE PROPOSAL: The Czech Presidency’s latest compromise proposal (26 October) on the Regulation to prevent and combat child sexual abuse (CSAM) raises the definition of “minors” concerned to 18 years. The “known” material to be detected by platforms is clarified. The adjective “potential” is removed from the definition. This element of language is now reserved for “new” material, which platforms must recognise themselves. (see Contexte, Paywall, FR)

CSAM II – FRANCE URGES PLATFORMS TO SIGN A CHARTER FOR THE PROTECTION OF CHILDREN ON THE INTERNET: Amazon, Dailymotion, Meta, Microsoft, TikTok, Alphabet, Snap, Qwant, the video game company Niantic and the social network Yubo have signed the charter (PDF, FR) for the creation of a Children Online Protection Lab. The initiative of French President E. Macron is also supported by 12 child protection organisations and the Berkman Klein Research Center of Harvard University, which investigates the challenges of cyberspace. France, Estonia and New Zealand are on the side of the States.

France reported on the first work fields of the lab, which will have the following tasks: developing a trusted third party system to verify the age of Internet users with double anonymity; using artificial intelligence to detect conversations in which adults impersonate minors; setting up a shared database of notices on intimate images for which consent has not been given; and setting up a project for “mediators” to combat bullying. (see Contexte, paywall, FR)

ONLINE POLITICAL ADVERTISING – COUNCIL STILL A DISTANCE AWAY FROM COMPROMISE: The general approach to the regulation on online political advertising should actually have been adopted at the General Affairs Council on 14 November. However, the Member States postponed the deadline in COREPER I on 4 November. As the Parliament does not expect to receive its mandate before next year, the pressure has eased on the Council, which still needs to refine its version. The general approach is now expected in December. The last compromise proposal dates from 19 October. (see Contexte, paywall, FR)

DATA ACT I – AMENDMENTS TO TRANSFER FEES IN IMCO: According to the amendments of the Single Market Committee, MEPs M. Carvalho (EPP) and T. Penkova (S&D) want to eliminate related transfer fees. This committee has sole competence for the topic of switching cloud providers (Chapter 6). “The gradual elimination of fees associated with the switching data processing service must specifically include the elimination of exit fees,” notes the Socialist MEP, who is supported in the Industry Committee (led) by her colleague M. Kumpula-Natri (S&D). (see Contexte, paywall, FR)

DATA ACT II – AMENDMENTS TO COMPENSATION IN ITRE: The deadline for amendments in the lead Industry Committee (ITRE) also expired on 9 November.

In her new proposals, EPP rapporteur P. del Castillo allows manufacturers or designers to generate revenue by charging for access to data. She believes that “reasonable compensation”, as provided for in the draft regulation, should cover “first and foremost the costs incurred and the investments necessary to make the data available”. In a second step, a margin can then be applied, depending on factors related to the data itself (such as volume, format or type of data), or even supply and demand.

On their part, the shadow rapporteurs M. Kumpula-Natri (S&D) and D. Boeselager (Greens) believe that this compensation should only be linked to the costs incurred in providing it.

In the meanwhile, in order to clarify this concept, shadow rapporteur A. Mituța (Renew) calls on the Commission to publish guidelines in the form of implementing acts twelve months after the entry into force of the regulation. (see Contexte, paywall, FR and Euractiv)

AI ACT I – CO-RAPPORTEURS WANT TO DEFINE AI SYSTEMS: B. Benifei (S&D) and D. Tudorache (Renew) propose three cumulative conditions to define AI systems (PDF). These must be able to: receive human-based or machine-based data; infer how to achieve a given set of goals using learning, reasoning or modelling; and generate outputs in the form of content, predictions, recommendations or decisions influencing the real or virtual environment it interacts with. The co-rapporteurs also incorporate the amendment by Svenja Hahn (Renew) to clarify that “AI systems can be designed to operate with varying degrees of autonomy”. As such, like the Council, they choose to define AI systems in an article rather than in an annex (which they have removed).

These proposals, as well as the governance proposals, were the subject of a second political discussion by the negotiating team last week. On the Council side, the Telecom Working Group discussed the final Czech compromise on 8 November. COREPER is invited to give the green light to the text on 18 November, with a view to the EU Council on 6 December. (see Contexte, paywall, FR as well as Euractiv)

AI ACT II – INDEPENDENT AI OFFICE WINS SUPPORT IN PARLIAMENT: The 14 shadow rapporteurs who met on 9 November broadly support the co-rapporteurs’ proposal to create an “independent” AI Office, instead of an AI Board chaired by the Commission, an element that was foreseen in the original proposal. This was confirmed by D. Tudorache (Renew) on LinkedIn.

In the course of the debate, the EPP Group and part of the Renew Group reiterated that they did not want an agency in the strict sense. The negotiating team also discussed at length the definition of AI systems: A majority of MEPs supported the proposal of the co-rapporteurs to remove Annex I. There also seemed to be consensus on including a reference to “different levels of autonomy” in the text, but no agreement was reached on the wording. A thirteenth technical meeting will follow on 14 November. The latest compromises (as of 28 October) can be found here (PDF). (see Contexte, paywall, FR and Euractiv)

LIABILITY – EPP IN JURI RESPONSIBLE FOR PRODUCT AND AI LIABILITY IN THE EP: Pascal Arimont (BE) and Axel Voss (DE) are rapporteurs for the two Commission legislative proposals, respectively on product and AI liability. Both sit on the Legal Affairs Committee (JURI) for the EPP Group. P. Arimont will be responsible for the revision of the Directive on liability for defective products, while A. Voss will lead the discussions on the second Directive on AI liability. (see Contexte, Paywalll, FR)

NIS2 – EP ADOPTS DIRECTIVE: During the last plenary session, several legislative projects were confirmed by the Parliament. Among them is the Cybersecurity Directive, NIS2 (PDF, see EP press release). Confirmation in the Council is currently still pending.

As eco sees it, the following articles will have a particularly strong impact on the Internet industry:

• Creation of a new category of regulated entities (so-called Important Entities), which are subject to graduated regulations alongside the critical infrastructures (Essential Entities) (Art. 3).
• Establishment of an obligation to report serious IT security incidents within 24 hours at the latest for an initial report, and within 72 hours at the latest for an initial assessment of the incident (Art. 23).
• Obligation for operators of top-level domains to collect and verify contact information for users of their services (Art. 28).

DIGITAL TAX – EU GEARING ITSELF UP FOR A COMEBACK: Brussels will seek to resurrect talks on introducing a tax on digital services if a global deal on the taxation of corporate giants, as agreed upon last year, is not implemented. This was stated by Czech Finance Minister Z. Stanjura, who warned that several Member States fear that the US will not implement the deal. In that case, Stanjura told the Financial Times (paywall), EU governments would resume talks on introducing a blanket tax on digital services, which were suspended last summer under pressure from Washington. Such a move would likely raise tensions with the US, which has previously threatened sanctions against any European countries that introduce such levies.

Relevant Publications, including from the EP Think Tank:

• Plenary round-up – November I 2022 (At a Glance)
• A high common level of cybersecurity – NIS2 (At a Glance)
• Draft opinion on a framework for setting ecodesign requirements for sustainable products (IMCO, D. Cormand)

Outlook for the Current Week

You can find a list of the upcoming dates of the European Parliament here. The meeting calendar for 2022 is available here (PDF).

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:

• Foreign Affairs Council, Monday, 14 November and Tuesday, 15 November – Agenda, A Items, A Items Addition 1, A Items Addition 2, Background Brief;
• General Affairs Council, Friday, 18 November – Agenda, A Items;

Preparatory Bodies:

• Working Party on Hybrid Threats, Monday, 14 November;
• Working Party on Competitiveness and Growth (Internal Market) (incl Ecodesign, SMEI), Monday, 14 November and Friday, 18 November;
• Working Party on Competitiveness and Growth, Monday, 14 November;
• Working Party on Telecommunications and Information Society ( ePrivacy, Data Act, TTC), Tuesday, 15 November and Thursday, 17 November;
• Working Party on Consumer Protection and Information, Tuesday, 15 November and Friday, 18 November;
• Working Party on Tax Questions (Direct Taxation), Tuesday, 15 November, Wednesday, 16 November and Thursday, 17 November;
• Audiovisual Working Party, Wednesday, 16 November;
• Horizontal Working Party on Cyber Issues (incl. CRA), Wednesday, 16 November and Friday, 18 November;
• Working Party on Tax Questions (Indirect Taxation), Thursday, 17 November and Friday, 18 November;
• Working Party on Competitiveness and Growth (Industry) (incl. TTC, Chips Act), Friday, 18 November;
• Working Party on Cooperation in Criminal Matters (COPEN), Thursday, 17 November and Friday, 18 November;
• COREPER I (incl. Ecodesign, EED, RED, EMFA) Wednesday, 16 November, Friday, 18 November;
• COREPER II, Wednesday, 16 November;

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:

• Communication on Schengen enlargement

You can find the judicial calendar of the ECJ here.

 

European Parliament Committees

CW 46 / Monday, 14 to Thursday, 17 November: Political Group and Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

• Thursday, 17 November 2022, 9.00-12.30 and 14.30-16.30 (Brussels)

Excerpt from the Draft Agenda

The draft agenda was not yet publicly available at the time of the dispatch of “The View from Brussels”.

Further Meetings (Calendar)

• Open

JURI Committee (Legal Affairs)

Current Meetings

• Thursday, 17 November 2022, 9.15-12.00 (Brussels)

Excerpt from the Draft Agenda

The draft agenda does not contain any topics that offer a direct connecting factor for the Internet industry.

Further Meetings (Calendar)

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

Dossiers Timetable (5 October 2022)

ITRE Committee (Industry)

Current Meetings

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

Excerpt from the Draft Agenda

…

4. Exchange of views with Ms Mechthild Wörsdörfer, Deputy Director-General of DG ENER, on the upcoming electricity market reform

 

5. Establishing the Union Secure Connectivity Programme for the period 2023-2027

ITRE/9/08400

***I 2022/0039(COD) COM(2022)0057 – C9-0045/2022

 

Rapporteur:
	Christophe Grudler (Renew)
Responsible:
	ITRE

• Reporting back to committee on the negotiations (Rule 74(3))

*** Electronic vote ***

*** Votes at approximately 16.00 in physical presence only ***

6. Amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency

ITRE/9/09118

***I 2022/0160(COD) COM(2022)0222 – C9-0184/2022

 

Rapporteur:
	Markus Pieper (PPE)		PR – PE735.806v01-00 AM – PE736.702v01-00 AM – PE736.665v01-00
Responsible:
	ITRE*
Opinions:
	ENVI*	Nils Torvalds (Renew)	AD – PE737.467v01-00 AM – PE736.401v01-00
	AGRI	Elsi Katainen (Renew)	AD – PE734.431v02-00 AM – PE735.625v01-00

• Adoption of draft report
• Deadline for tabling amendments: 27 September 2022, 12.00

*** End of electronic vote ***

7. Amending Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking

ITRE/9/08363

* 2022/0033(NLE) COM(2022)0047 – C9-0113/2022

 

Rapporteur:
	Eva Maydell (PPE)		PR – PE737.259v01-00
Responsible:
	ITRE

• Consideration of draft report
• Deadline for tabling amendments: 17 November 2022, 12.00

…

Further Meetings (Calendar)

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

Dossiers Timetable (8 November 2022)

 

IMCO Committee (Internal Market)

Current Meetings

• None

Further Meetings (Calendar)

• Tuesday, 29 November 2022, 9.00-12.30 and 14.30-18.30 (Brussels)

Dossiers Timetable (November 2022)

 

CULT Committee (Culture)

Current Meetings

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

Excerpt from the Draft Agenda

…

3. Study presentation on Audiovisual Media Services Directive
4. European Year of Youth – Exchanges of views with Youth Delegates of the Council of Europe
5. Laying down rules to prevent and combat child sexual abuse

CULT/9/09063

***I 2022/0155(COD) COM(2022)0209 – C9-0174/2022

 

Rapporteur for the opinion:
	Niyazi Kizilyürek (The Left)		PA – PE737.365v01-00
Responsible:
	LIBE	Javier Zarzalejos (PPE)

• Consideration of draft opinion

*** Electronic vote ***

…

Further Meetings (Calendar)

• 30 November/1 December 2022 (Brussels)

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

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

Excerpt from the Draft Agenda

On 14 November, MEPs in the so-called Pegasus Inquiry Committee will discuss the situation in Germany with Andre Meister, investigative journalist at Netzpolitik.org. Andre Meister has reported extensively on the use of spyware in Europe, including the case of the German surveillance spyware company FinFisher.

Further Meetings

• Thursday, 24 November 2022, 9.00-12.00 (Brussels)

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

• Thursday, 17 November 2022, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

…

5. Mission reports following the missions to the Hybrid CoE in Helsinki (Finland) from 7 to 8 September 2022 (PE736.541v01-00) and to Canberra and Melbourne (Australia) from 20 to 22 September 2022 (PE736.546v02-00)

* * *

In association with the Committee on Foreign Affairs (AFET), the Committee on Development (DEVE) and the Delegation to the ACP-EU Joint Parliamentary Assembly (DACP)

6. Hearing on “China’s interference and disinformation activities in Africa”, with:

*** In camera ***

– Bruno Breton, CEO and Chairman, BLOOM Social Analytics

*** End of in camera ***

– Christof Hartmann, Professor for International Relations and African Politics, Duisburg-Essen University

– George Sarpong, Lawyer, Journalist and Executive Secretary of Ghana’s National Media Commission

* * *

7. Exchange of views with the European Commission
   • Secretariat-General – Directorate for Citizens, Health, Migration & Security Union
   • Directorate-General for Communications Networks, Content and Technology (DG CNECT)
   • Directorate-General for Justice and Consumers (DG JUST)
   • Directorate-General for Research and Innovation (DG RTD)
   • European External Action Service (EEAS)

…

Further Meetings (Calendar)

• Open

Further Parliamentary Calendar Dates

• CW 47 / Monday, 21 to Thursday, 24 November: Plenary Sessions Week (Strasbourg);
• CW 48 / Monday, 28 to Thursday, 1 December: Committee Meetings Week (Brussels);
• CW 49 / Monday, 5 to Thursday, 8 December: Political Group and Committee Meetings Week (Brussels);