Highlights from the Past Week

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

DIGITAL SERVICES ACT – TRILOGUE CONCLUDED: In the early hours of Saturday morning, the Parliament and Council representatives reached an agreement on the DSA negotiations. Fifteen items were on the agenda for the meeting, which started at 10 a.m. on Friday morning. While the written results are still being worked on, individual points from the outcome have already become known.

For example, online search engines have been included in the scope of the DSA in principle – even if only the very large ones (VLOSE). The Commission has been conferred supervisory tasks concerning VLOSEs and VLOPs. VLOPs and VLOSEs must also offer users a content recommendation system that is not profile-based.

The co-legislators have agreed to prohibit misleading interfaces, so-called “dark patterns”, and practices aimed at manipulating users. Targeted advertising based on sensitive data and for minors will be forbidden.

In the last round of negotiations, one rule for trusted flaggers was also discarded: the Council was successful with its demand for the deletion of the requirement of representation of “collective interest”. As a result, individual rightholders can also obtain the status. (see EP press release, Council press release, Euractiv)

The last 4-column document sent before the negotiations on Friday can be found here (PDF). Shadow rapporteur MEP Breyer has also devised a blog entry.

COMMON CHARGERS – EP CONFIRMS REPORT: Last week, the European Parliament agreed on MEP A. Saliba’s report on the topic of common chargers. The report also includes an extension of the list of devices concerned. According to the report, e-readers, keyboards and mice, earbuds and smart watches, among others, should also be subject to the standard. For wireless charging, an evaluation is planned for 2026. (see EP press release, EP headlines)

ARTIFICIAL INTELLIGENCE – DRAFT REPORT PUBLISHED: With a small delay caused by technical problems, the IMCO and LIBE draft report on AI finally went online (PDF).

As anticipated, the Commission will be in charge of cross-border cases where there is a risk to at least 45 million citizens or infringements in at least three Member States. The powers to request information, take interviews and statements, and conduct inspections have also been strengthened. Moreover, new provisions give the EU executive additional power to fine operators up to 2% of their global turnover if they have deliberately or negligently failed to provide information by set deadlines, submitted inaccurate or incomplete information, or refused inspections. The Commission could go as far as imposing interim measures on non-compliant operators and prohibiting or restricting the placement of non-compliant AI systems on the market.

Predictive policing has been added to the list of prohibited practices. However, the way this practice is defined prompts discussions, as the wording only covers the risk assessment of individuals.

The derogation for high-risk AI systems that could be put in place without a conformity assessment for public interest reasons has been removed. The exemption for small-scale providers of creditworthiness systems was also removed.

A new paragraph on confidentiality has been added, which would require the enforcing authorities to put in place adequate security measures to protect the information and data obtained.

The language on AI datasets has been strengthened, requiring them to be up-to-date “to the best extent possible”. However, the way this is worded suggests that this is an overall objective rather than a strict requirement, as the industry warned that error-free datasets do not exist. (see Euractiv)

DATA ACT – FURTHER COMPETENCE DISPUTE IN THE EP: Recently, the allocation of digital dossiers to parliamentary committees has more often been the subject of lengthy discussions. This also seems to be the case with the Data Act. While the dossier was automatically assigned to the Industry Committee (ITRE) after its submission, three committees are now fighting over the right to have a say: the Internal Market Committee (IMCO), the Legal Affairs Committee (JURI) and the Civil Liberties Committee (LIBE). IMCO and JURI want to co-chair the dossier.

The competence dispute is an interesting twist, because until now it looked as if the handling of the Data Act would be a continuation of the Data Governance Act (DGA). Some of the names of the negotiating team in ITRE that have already been leaked are the same as those involved in the negotiations on the DGA (e.g. MEP Kumpula-Natri (S&D), MEP Boeselager (Greens)). (see Politico Pro, paywall)

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).

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:

• Working Party on Cooperation in Criminal Matters (COPEN), Tuesday, 26 April;
• Horizontal Working Party on Cyber Issues (incl. NIS2), Tuesday, 26 April;
• Working Party on Intellectual Property (Copyright) (incl. Data Act), Wednesday, 27 April;
• Working Party on Tax Questions (Direct Taxation), Wednesday, 27 April;
• Working Party on Consumer Protection and Information, Wednesday, 27 and Thursday, 28 April;
• Working Party on Telecommunications and Information Society (incl. Data Act, TTC, Digital Decade, AI), Tuesday, 26 and Thursday, 28 April;
• Working Party on Competition (incl. DMA), Tuesday, 26 and Thursday, 28 April;
• Audiovisual Working Party, Thursday, 28 April;
• Working Party on Competitiveness and Growth (Internal Market), Thursday, 28 April;
• Working Party on Hybrid Threats, Thursday, 28 April;
• Working Party on Competitiveness and Growth (Industry), Friday, 29 April;
• COREPER I (incl. DSA), Wednesday, 27 April;
• COREPER II ( TTC, Global Gateway), Wednesday, 27 and Friday, 29 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 (recently rescheduled to either 27 April or the end of May) and the Media Freedom Act (29 June).

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

• Communication on an EU approach for transitioning towards the next COVID-19 phase
• Legal migration – skills and talents package
  • Communication on skills and talents
  • Recast of Directive 2003/109/EC on long-term residents
  • Recast of Directive 2011/98/EU on single permit
  • Digitalisation of visa procedures
• Initiative against abusive litigation targeting journalists and rights defenders
• Revision of the Financial Regulation

You can find the judicial calendar of the ECJ here. The judgment in Poland’s case on Art. 17 of the DSM Directive is scheduled for Tuesday, 26 April (C-401/19). On Thursday 28 April, the court will rule on a case of the German Federal Consumer Protection Agency vs Meta on the issue of “unfair” data protection notices (C-319/20).

European Parliament Committees

CW 17 / Monday, 25 to Thursday, 28 April: Political Group and Committee Meetings Week (Brussels);

LIBE Committee (EP)

Current Meetings

• Thursday, 28 April 2022, 13.00-13.15 and 16.00-17.00 (Brussels)

Excerpt from the Draft Agenda

The current agenda does not contain any topics of relevance to the Internet industry.

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

• Monday, 25 April 2022, 13.45-15.45 and 16.15-18.45 (Brussels)
• Thursday, 28 April 2022, 9.00-12.00 (Brussels)

Excerpt from the Draft Agenda

25 April 2022, 16.15 – 17.45 

…

6. Exchange of Views with Dider Reynders, Commissioner for Justice

* * *

25 April 2022, 17.45 – 18.45

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

JURI/9/05999

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

 

Rapporteur for the opinion:
	Axel Voss (PPE)		PA – PE719.827v01-00 AM – PE730.042v01-00 AM – PE730.041v01-00 AM – PE730.031v01-00
Responsible:
	IMCO, LIBE*	Brando Benifei (S&D) Dragoş Tudorache (Renew)

• Consideration of amendments
• Deadline for tabling amendments: 23 March 2022, 12.00

…

28 April 2022, 9.00 – 12.00 

…

3. Exchange of views with Margrethe Vestager, Executive Vice-President of the European Commission for A Europe Fit for the Digital Age
4. Exchange of views with Johannes Hahn, European Commissioner for Budget and Administration
5. Exchange of views of Thierry Breton, Commissioner for Internal Market

…

Further Meetings (Calendar)

• Tuesday, 17 May 2022 (Brussels)

Dossiers Timetable (11 April 2022)

 

ITRE Committee (EP)

Current Meetings

• None

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 (21 April 2022)

 

IMCO Committee (EP)

Current Meetings

• None

Further Meetings (Calendar)

• Monday, 2 May 2022, 20.30-20.45 (Strasbourg)
• Tuesday, 3 May 2022, 12.15-12.30 (Strasbourg)

Dossiers Timetable (April 2022)

 

CULT Committee (EP)

Current Meetings

• Monday, 25 April 2022, 13.45-16.15 and 16.45-18.45 (Brussels)

Excerpt from the Draft Agenda

25 April 2022, 13.45 – 16.15 

…

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

CULT/9/07313

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

 

Rapporteur for the opinion:
	Sabine Verheyen (PPE)		PA – PE703.286v01-00 AM – PE719.621v01-00
Responsible:
	ITRE	Martina Dlabajová (Renew)	PR – PE719.734v01-00 AM – PE730.058v01-00

• Adoption of draft opinion

5. Implementation report on the Recovery and Resilience Facility

CULT/9/07921

2021/2251(INI)

 

Rapporteur for the opinion:
	Niklas Nienaß (Verts/ALE)		PA – PE703.247v01-00 AM – PE719.593v01-00
Responsible:
	BUDG, ECON*	Eider Gardiazabal Rubial (S&D) Siegfried Mureşan (PPE) Dragoş Pîslaru (Renew)	PR – PE719.652v01-00 AM – PE729.897v01-00

• Adoption of draft opinion

…

Further Meetings (Calendar)

• Open

Further Scheduled Parliamentary Calendar Dates

• CW 18 / Monday, 2 to Thursday, 5 May: Plenary Sessions Week (Strasbourg);
• CW 19 / Monday, 9 to Thursday, 12 May: Committee Meetings Week (Brussels);
• CW 20 / Monday, 16 to Thursday, 19 May: Mini Plenary Sessions Week (Brussels);