The View from Brussels #207

Highlights from the Past Week

CW 15 / Monday, 11 to Thursday, 14 April: Green Week (no meetings);

DIGITAL MARKETS ACT – FINAL NEGOTIATION DOCUMENT: The final version of the 4-column document on the DMA (PDF) became public three weeks after the end of the negotiations. A first analysis by various media shows the final changes (see Euractiv).

The recitals were made much stronger with the view of making the regulation harder to challenge in court, notably by explaining the scope of the legislation and the key concepts of contestability and fairness. Every app that is not essential to the function of the operating system and device can now be uninstalled, and the Council’s text to let the gatekeepers define “duly justified” security requirements for third-party apps, software and hardware made it into the final text.

In terms of data, a new paragraph was included that prevents Google and Facebook from tracking users who have denied their consent when they visit websites that are part of their ad networks. Advertisers will be given access to both aggregate and non-aggregate data and to analyse it with their own tools. The text on data combining was significantly redrafted, reintroducing the single consent choice and removing the reference to purpose limitation.

In another surprise move, the reference to “ancillary services” was completely removed from the text, which now only refers to ID, payment systems and web browser engines. An anti-free-riding clause was also included to ensure that marketplaces receive some form of remuneration before the business users can interact directly with the customer. Business user representatives and consumer groups are also to be involved in the regulatory dialogue and investigations on systematic non-compliance.

An annex (PDF) published by Politico Pro (paywall) also details how active users are calculated: To be designated as a so-called gatekeeper platform and fall within the scope of the DMA’s prohibitions and obligations, platforms must have at least 45 million monthly end users and at least 10,000 business users based in the EU, among other quantitative thresholds.

The DMA is expected to be confirmed in Council next June and in Parliament in July (see Politico Pro, paywall).

DIGITAL SERVICES ACT – POSSIBLE FINAL TRILOGUE NEGOTIATION: Friday could see the last round of negotiations in the trilogue on the DSA. A technical meeting is already scheduled for Tuesday. The last published 4-column document (PDF) is from 11 April.

On the topic of online advertising, the last text includes a ban on targeting users that the platform knows are minors, in addition to a protection “by design” for platforms accessible by minors. Profiling based on sensitive data will also be prohibited.

The French Presidency intends to make concessions to the Parliament on recommender systems. Similarly, the transparency requirements and provisions against dark patterns would be extended to all online platforms, on which the Commission will provide guidance under the advice of the Board.

Regarding the supervisory fee, discussions have been ongoing on the potential cap in terms of annual net income on very large online platforms. MEPs had proposed to lower the cap to 0.05%, but in the last four-column document from the French Presidency, it is still at 0.1%. The Council also wants the Commission to provide an estimate of the annual costs for each platform in the form of implementing acts.

For the French Presidency, online marketplaces would need to take all reasonable steps based on publicly available information to check the legality of the product. MEP Schaldemose is pushing for requirements on platforms to conduct random checks.

In terms of systemic risks, France calls for a mention of fighting cyber violence. In particular, victims of revenge porn should be enabled to take down the content. (see Euractiv)

ARTIFICIAL INTELLIGENCE – DRAFT REPORT FINALISED: The AI draft report by MEPs Tudorache (LIBE) and Benifei (IMCO) has been finalised.

The two rapporteurs agreed to keep the definition broad, avoiding the exclusion of general-purpose AI systems that conservative MEPs have been calling for. Predictive policing was added to the list of prohibited practices, while the number of applications considered high-risk now includes medical triage, insurances, deep fakes and algorithms designed to interact with children that could impact democracy. The leading MEPs agreed to a two-layer approach in terms of enforcement, with the Commission in charge of cross-border cases, as in the DSA. The draft report also includes an amendment to include the AI Act in the Representative Action Directive.

While some responsibilities for users were added, Benifei wants to go much further with them, like on the compliance process for system providers. Tudorache is taking the pro-business position here, which is also exemplified by its position on regulatory sandboxes that, in his view, should be extended to the regional level if we are serious about reaching SMEs. The fundamental rights impact assessment is on the table, but there is no agreement on whether it should be applied only to public institutions or to all users. Finally, the part on biometric recognition and biometric categorisation looms over the Parliamentary report, with Benifei pushing for a total ban and Tudorache insisting on some well-defined exceptions. (see Euractiv)

Meanwhile, the Draft Opinion (PDF) by MEP Cutajar (S&D) is being discussed in the Transport Committee this week.

NIS2 – POLITICAL TRILOGUE POSTPONED: The NIS2 trilogue planned for 25 April has been postponed to a date yet to be decided. The reason was that several Member States considered the text to be “not yet mature” and accordingly deemed further technical discussions to be necessary. A possible new date could be 12 May. (see Euractiv)

GLOBAL GATEWAY – MAJOR EVENT ANNOUNCED FOR JUNE: The 2022 edition of the European Development Days (EDD) will take place on 21 and 22 June under the theme “Global Gateway: building sustainable partnerships for a connected world”. This was announced by Commission President Von der Leyen (see ).

Relevant Publications, including from the EP Think Tank:

• AI: Amendments 54-270 on the CULT Opinion
• General Affairs Council – Main Results, 12 April 2022
• Revision of the Ecodesign Directive (Briefing)

Outlook for the Current Week

You can find a list of the upcoming dates of the European Parliament here.The provisional meeting calendar for 2022 can be found here (PDF). The IMCO Committee will vote on the report on common chargers on Wednesday.

An overview of the most important dates of the Council week can be found here, the meeting calendar is accessible here, and the list of the main topics for the coming fortnight is available here, while an indicative calendar of meetings of the French Presidency Council can be found here (PDF).

Included among these dates are:

Preparatory Bodies:

• Horizontal Working Party on Cyber Issues (incl. TTC, NIS2), Tuesday, 19 April;
• COREPER I (incl. DSA), Wednesday, 20 April;
• COREPER II, Wednesday, 20 April;

Information about the weekly Commission meeting can be found in the preview (PDF) or (at short notice) in the current agenda. Topics of particular relevance include the legislative proposal against child abuse (now recently rescheduled from 27 April to 11 May) and the Media Freedom Act (29 June).

The next meeting is scheduled for 27 April.

You can find the judicial calendar of the ECJ here. The ruling in the Polish case on Art. 17 of the DSM Directive is scheduled for 26 April (C-401/19).

European Parliament Committees

CW 16 / Monday, 18 to Thursday, 21 April: Committee Meetings Week (Brussels);

LIBE Committee (EP)

Current Meetings

• Wednesday, 20 April 2022, 9.00-12.00 and 13.45-15.45 (Brussels)
• Thursday, 21 April 2022, 9.00-12.00 and 13.45-15.45 (Brussels)

Excerpt from the Draft Agenda

…

20 April 2022, 9.05 – 9.45 

4. Annual Report 2021 of the European Data Protection Supervisor (EDPS)

LIBE/9/08789

• Presentation of the report

…

Further Meetings (Calendar)

• 11 May 2022, 9.00-12.00 and 13.45-15.45 (Brussels)
• 12 May 2022, 9.00-12.00 and 13.45-15.45 (Brussels)

JURI Committee (EP)

Current Meetings

• Thursday, 21 April 2022 (with EMPL and DROI, Brussels)

Further Meetings (Calendar)

• Monday, 25 April 2022, 45-15.45 and 16.15-18.45 (Brussels)
• Thursday, 28 April 2022, 00-12.00 (Brussels)

Dossiers Timetable (11 April 2022)

 

ITRE Committee (EP)

Current Meetings

• Wednesday, 20 April 2022, 9.00-12.00, 13.45-15.45 and 16.45-18.45 (Brussels)
• Thursday, 21 April 2022, 9.00-12.00 (Brussels)

Excerpt from the Draft Agenda

…

21 April 2022, 9.00 – 12.00

16. Feedback from the ITRE delegation to Prague and Brno (Czech Republic 21 – 23 February 2022)
17. Presentation by the Commission of the Roadmap on critical technologies for security and defence
18. Exchange of views with the Commission on the ITRE aspects of the EU-UK Trade and Cooperation Agreement

…

Further Meetings (Calendar)

• Monday, 16 May2022, 13.45-15.45 and 16.45-18.45
• Tuesday, 17 May2022, 9.00-12.00 and 13.45-15.45 and 16.45-18.45

Dossiers Timetable (31 March 2022)

 

IMCO Committee (EP)

Current Meetings

• Wednesday, 20 April 2022, 9.30-12.30, 13.45-16.15 and 16.45-18.45 (Brussels)
• Thursday, 21 April 2022, 9.30-12.30 (Brussels)

Excerpt from the Draft Agenda

20 April 2022, 9.30 – 11.30

4. Amending Directive 2014/53/EU on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment

IMCO/9/07216

***I 2021/0291(COD) COM(2021)0547 – C9-0366/2021

Rapporteur: Alex Agius Saliba (S&D)

PR – PE702.975v01-00 AM – PE704.875v01-00

Responsible: IMCO

• Adoption of draft report

5. Establishing the 2030 Policy Programme “Path to the Digital Decade”

IMCO/9/07311

***I 2021/0293(COD) COM(2021)0574 – C9-0359/2021

Rapporteur for the opinion: Ivars Ijabs (Renew)

PA – PE704.564v01-00 AM – PE719.618v01-00

Responsible: ITRE Martina Dlabajová (Renew)

PR – PE719.734v01-00 AM – PE730.058v01-00

• Adoption of draft opinion

Report on ongoing interinstitutional negotiations

7. Single Market for Digital Services (Digital Services Act) and amending Directive
   2000/31/EC

IMCO/9/04992

***I 2020/0361(COD) COM(2020)0825 – C9-0418/2020

Rapporteur: Christel Schaldemose (S&D)

Responsible: IMCO

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

20 April 2022, 13.45 – 16.15

…

13. Exchange of views with Thierry Breton, Commissioner for Internal Market – as part of the structured dialogue

…

21 April 2022, 9.30 – 12.30

16. Exchange of views with Didier Reynders, Commissioner for Justice – as part of the structured dialogue

Further Meetings (Calendar)

• Open

Dossiers Timetable (April 2022)

 

CULT Committee (EP)

Current Meetings

• None

Further Meetings (Calendar)

• Monday, 25 April 2022 (Brussels)

Further Scheduled Parliamentary Calendar Dates

• CW 17 / Monday, 25 to Thursday, 28 April: Political Group and Committee Meetings Week (Brussels);
• CW 18 / Monday, 2 to Thursday, 5 May: Plenary Sessions Week (Strasbourg);
• CW 19 / Monday, 9 to Thursday, 12 May: Committee Meetings Week (Brussels);