Policy & Law
09.05.2023

The View from Brussels #252

Highlights from the Past Week

CW 18 / Tuesday, 2 to Thursday, 4 May: Political Group and Committee Meetings Week (Brussels);

COPYRIGHT – COMMISSION PUBLISHES RECOMMENDATIONS AGAINST ONLINE LIVE PIRACY: The Commission last week adopted a recommendation on how to combat commercial scale online piracy of sports and other live events, such as concerts and theatre performances. It encourages Member States, national authorities, holders of rights and providers of intermediary services to take effective, balanced and appropriate measures to fight the unauthorised retransmissions of such streamings, in full compliance with fundamental rights and personal data protection rules. By stepping up the fight against online piracy, the recommendation will contribute to strengthening the competitiveness of the EU sport and creative industries. (see COMM press release)

ARTIFICIAL INTELLIGENCE – HOME STRETCH IN THE EUROPEAN PARLIAMENT: Officially, negotiations on the Artificial Intelligence Act (AIA) in the European Parliament have been concluded. Behind closed doors, however, the final points are still being fine-tuned in terms of content and on the vote, with this taking place in the joint meeting of the two IMCO and LIBE committees on Thursday, 11 May.

INFRASTRUCTURE I – TIMETABLE FOR GIA IN PARLIAMENT: The European Parliament’s rapporteur for the Gigabit Infrastructure Act (GIA), A. Mituța (Renew, RO), plans to release its draft report on 14 June and to have it discussed in the committee on 28 June. The idea is to reach the ITRE Committee vote and the negotiating mandate in mid-September.

The rapporteur’s priorities are to keep the file as a regulation and to improve the connectivity coverage for rural areas. As the plan is to finish the file before the end of the mandate, the Romanian MEP will also resist those trying to mix the proposal with the debate on the infrastructure levy (“fair share”). (see Euractiv)

INFRASTRUCTURE II – BEREC PUBLISHES ITS OPINION ON THE DRAFT GIGABIT RECOMMENDATION: On Friday, the Body of European Regulators for Electric Communications (BEREC) published its opinion on the draft Gigabit Recommendation.

One “major concern” from the opinion is that the recommendation does not align with the rules and principles laid out in the European Electronic Communications Code, as it would “unduly” limit the discretion of national regulators and “lowers the bar for an effective retail price constraint to an extent that risks a premature deregulation where regulation is still required”.

As is the case with the recommendation itself, BEREC’s opinion is non-binding, so it is up to the Commission to decide what to tweak before adopting the recommendation.

CYBERSECURITY – 751 AMENDMENTS IN THE INDUSTRY AND INTERNAL MARKETS COMMITTEE: The MEPs of the lead Industry Committee (ITRE) and the associated Internal Market Committee (IMCO) have respectively tabled 281 and 291 additional amendments (PDF). Added to these are, respectively, the 123 and 56 amendments from the draft report by N. Danti and the draft opinion by M. Løkkegaard.

AUDIOVISUAL SERVICES – EP REPORT ON AVMSD IMPLEMENTATION PUBLISHED PRIOR TO PLENARY VOTE: The Parliament published the report by P. Kammerevert (S&D, DE) on the transposition of the Audiovisual Media Services Directive (AVMSD) on 12 April. In the report, the Culture Committee calls on the Commission to launch infringement proceedings against states that have not started to transpose the directive more than four years after its adoption. The report also calls for stronger mechanisms to protect minors and to enforce the correct labeling of advertising by influencers.

The committee also seeks more consistency between laws, such as with the Digital Services Act (DSA), in order to reduce “regulatory disparities” that exist between audiovisual offerings from different providers.

The report is on the agenda for Tuesday’s plenary session.

MEDIA – PROGRESS REPORT ON EMFA PUBLISHED IN COUNCIL: The Council’s progress report (PDF) on the European Media Freedom Act (EMFA), dated from 28 April, indicates that the Swedish Presidency continues to pursue the goal of reaching a general approach by June.

In the European Parliament, the first meeting of the Culture Committee’s rapporteurs – who are leading the work on the EMFA – is scheduled for 6 June. MEPs tabled no fewer than 1,251 amendments to the act by Friday’s deadline.

DIGITAL SERVICES ACT – CONSULTATION ON DELEGATED REGULATION: The Commission has launched a consultation on draft rules on how independent audits should be conducted under the Digital Services Act (DSA) for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs).

The draft act for consultation provides the main principles that auditors should apply when selecting auditing methodologies and procedures, and provides further specifications for auditing VLOPs’ and VLOSEs’ compliance with risk management and crisis response obligations. It includes templates for the audit report and the audit implementation reports, that will be made public and submitted to the Commission and the Digital Services Coordinator in the country of establishment of the VLOP or VLOSE.

The consultation will run until 2 June. After gathering feedback from the public, the Commission intends to adopt the rules before the end of the year. (see COMM press release)

RADIO SPECTRUM – COMMISSION PROPOSES COMMON POSITION: Last week, the Commission adopted its proposal for a Council Decision establishing the EU’s position on issues related to spectrum use to be discussed at the World Radiocommunication Conference 2023 of the International Telecommunication Union (ITU).

A common EU Member States’ position ensures that EU citizens and businesses have smooth access to services such as 5G, TV broadcasting and events, as well as the Galileo global radio navigation system and maritime radio communications without cross-border interferences. (see COMM press release)

In the meantime, it is not only the WiFi industry that is preparing for a battle for frequencies with mobile operators. Broadcasters are also appealing to decision-makers to secure the lower UHF spectrum for television. (see Politico Pro, paywall)

DATA PROTECTION – ECJ DECIDES ON NON-MATERIAL DAMAGE: In the ruling of 4 May (C-300/21), the European Court of Justice (ECJ) looked into the conditions under which non-material damage caused by an infringement of the General Data Protection Regulation (GDPR) could be deemed serious enough for a claimant to expect compensation.

In a much-awaited decision, the ECJ ruled that “not every infringement of the GDPR gives rise, in itself, to a right for compensation”.

Instead, the Court pointed to three necessary conditions a claimant ought to meet to be conferred rights to compensation: that there was an infringement of GDPR, that the infringement resulted in material or non-material damages, and that a causal link can be established between the infringement and the subsequent damage. (see ECJ press release – PDF or Euractiv)

GERMANY – MONOPOLIES COMMISSION OPPOSES INFRASTRUCTURE CONTRIBUTION: Last week, the advisory body of the German federal government expressed its opinion in a policy brief on whether high-traffic data Over-the-Top (OTT) providers should contribute to the network roll-out costs of telecommunications providers. The Monopolies Commission does not currently consider it justifiable to have regulatory intervention which compels these OTT providers to pay the network operators.

The German federal government has not yet officially committed itself to this discussion.

G7 – PUBLICATION OF MINISTERIAL DECLARATION: Just over a week ago, digital ministers from around the world met in Japan for the G7 Digital and Tech Summit. Topics such as undersea Internet cables, cybersecurity for digital infrastructures, and security of data flows were discussed. In the Ministerial Declaration (PDF) released at the end of the two-day meeting, leaders made several commitments, including to bridge the digital divide, facilitate cross-border data flows, promote secure and resilient digital infrastructure and work together to promote responsible AI.

Relevant Publications, including from the EP Think Tank:

A Selection of the EU Commission’s Consultations

 

Outlook for the Current Week

You can find a list of the upcoming dates of the European Parliament here, as well as an overview of the agenda for the coming plenary session week. The meeting calendar for 2023 is available here (PDF).

The vote on the implementation report on the Audiovisual Media Services Directive (AVMSD) is scheduled for Tuesday, while the vote on the draft resolution on the Transatlantic Data Privacy Framework will take place on Thursday. In contrast, the vote on e-Evidence is not expected to take place any time soon.

An overview of the most important dates of the Council week can be found here and the meeting calendar can be accessed here.

The official calendar as well as the programme of the Swedish Presidency can be found on the associated website.

Included among the Council dates are:

Summits and Ministerial Meetings:

Preparatory Bodies:

Information about the weekly Commission meeting can be found on the website of the Commission in the preview (PDF) or (at short notice) in the current agenda. The non-legislative proposal on the metaverse has been postponed to 21 June.
There is no meeting scheduled for this week.

The judicial calendar of the ECJ can be found here.

European Parliament Committees

CW 19 / Monday, 8 to Thursday, 11 May: Plenary Sessions Week (Strasbourg);

LIBE Committee (Civil Liberties)

Current Meetings

  • Thursday, 11 May, 9.00 (with IMCO, Strasbourg)

Excerpt from the Draft Agenda

Although the agenda is not yet available, the vote on the AI report has already been scheduled.

Further Meetings (Calendar)

  • Monday, 22 May, 14.30-18.00 (Brussels)
  • Tuesday, 23 May, 9.00-12.30 and 14.30-18.30 (Brussels)

JURI Committee (Legal Affairs)

Current Meetings

  • None

Further Meetings (Calendar)

  • Tuesday, 30 May (Brussels)

Dossiers Timetable (24 April 2023)

 

ITRE Committee (Industry)

Current Meetings

  • None

Further Meetings (Calendar)

  • Monday, 22 May, 15.00-18.30 (Brussels)
  • Tuesday, 23 May, 9.00-12.30 and 14.30-18.30 (Brussels)

Dossiers Timetable (PDF) (3 May 2023)

 

IMCO Committee (Internal Market)

Current Meetings

  • Thursday, 11 May, 9.00 (with LIBE, Strasbourg)

Excerpt from the Draft Agenda

Although the agenda is not yet available, the vote on the AI report has already been scheduled.

Further Meetings (Calendar)

  • Monday, 22 May, 15.00-18.30  (Brussels)
  • Tuesday, 23 May, 9.00-12.30 and 14.30-18.30 (Brussels)

Dossiers Timetable (April 2023)

CULT Committee (Culture)

Current Meetings

  • None

Further Meetings (Calendar)

  • Wednesday, 24 May, 9.00-12.30 and 14.30-18.30 (Brussels)
  • Thursday, 25 May, 9.00-12.30 (Brussels)

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

  • Monday, 8 May, 19.00-21.00 (Strasbourg)

Excerpt from the Draft Agenda

…

*** Voting time ***

  1. Investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware

PEGA/9/10558

2022/2077(INI)

 

Rapporteur:
Sophia in ‘t Veld (Renew) PR – PE738.492v03-00
AM – PE740.912v01-00
AM – PE742.290v01-00
AM – PE742.289v01-00
AM – PE740.916v01-00
AM – PE742.288v01-00
Responsible:
PEGA
  • Adoption of draft report
  • Deadline for tabling amendments: 26 January 2023, 12.00

 

  1. Proposal for a recommendation of the European Parliament of the Investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware

PEGA/9/11041

2023/2500(RSP)

 

Rapporteur:
Sophia in ‘t Veld (Renew) RD – PE740.554v01-00
AM – PE742.485v01-00
AM – PE742.486v01-00
Responsible:
PEGA
  • Adoption
  • Deadline for tabling amendments: 10 February 2023, 18.00

*** End of vote ***

…

Further Meetings

  • Open

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

  • None

Further Meetings (Calendar)

  • Thursday, 25 May 2023, 14.30-18.00 (Brussels)

Further Parliamentary Calendar Dates

  • CW 20 / Monday, 15 to Friday, 19 April: Green Week (no meetings);
  • CW 21 / Monday, 22 to Thursday, 25 May: Political Group and Committee Meetings Week (Brussels);
  • CW 22 / Tuesday, 30 May to Thursday, 1 June: Mini-Plenary Sessions Week (Brussels);

 

 

 

The View from Brussels 1 October 2018

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