The View from Brussels #225

Highlights from the Past Week

CW 40 / Monday, 3 to Thursday, 6 October: Plenary Sessions Week (Strasbourg);

TADPF – USA SETS THE BASIS FOR NEW PRIVACY SHIELD: Six months after the announcement by Commission President von der Leyen and after several postponements, US President Biden signed the Executive Order (E.O.) on Friday. This now means that the EU can take further steps. However, it may take another six months before a new agreement is finally formalised.

The E.O. creates an independent and binding mechanism enabling individuals in qualifying states and regional economic integration organisations to seek redress if they believe that their personal data was collected through US signals intelligence in a manner that violated applicable US law.

A new office will be established within the US Department of Justice to oversee how US national security agencies can access information on EU and US citizens and use this information.

The E.O. will also delegate new powers to the Civil Liberties Protection Officer within the US Office of the Director of National Intelligence (CLPO).

In addition, the E.O. will limit the ability of US national security authorities to access personal data by allowing intelligence activities to be conducted only in pursuit of defined national security objectives or when they are necessary to advance a validated intelligence priority in a proportionate manner. In all cases, the authorities must take into consideration the privacy and civil liberties of all persons, regardless of their nationality or country of residence.

The E.O. also sets out certain requirements for the handling of personal information collected through signals intelligence activities and extends the responsibilities of legal, oversight and compliance officials.

Finally, the Privacy and Civil Liberties Oversight Board is called on to review Intelligence Community policies and procedures to ensure that they are consistent with the E.O. text and to conduct an annual review of the redress process. (see White House fact sheet)

MOBILE COMMUNICATIONS – EUROPE PUTS ANOTHER 250 MILLION EURO INTO 6G RESEARCH: The Smart Networks and Services Joint Undertaking (SNS JU) selected its first portfolio of 35 research, innovation and trial projects to enable the evolution of 5G ecosystems and promote 6G research in Europe. With a combined funding for this new portfolio of around €250 million under Horizon Europe, the aim is to build a first-class European supply chain for advanced 5G systems and to build Europe’s 6G technology capacities. (see EU Commission)

COPYRIGHT – SPORTS LIVESTREAMING PIRACY: Last week, more than 100 organisations approached the European Commission calling for a law to immediately block and remove illegal livestreams. The signatories include UEFA, the Six Nations Championship rugby union, the French Open in tennis, TV channels beIN Sports and Sky, and the national associations of live performers. (see Euractiv)

They have already gained support from over 100 MEPs; mainly from the EPP, but also from the S&D and other groups. They also called for a legislative instrument from the Commission to be included in the Commission’s programme for 2023, which is to be presented in the week of 17 October. (see Politico Pro, paywall)

INTERNET INFRASTRUCTURE LEVY – DEEP CONCERN FROM EXPERTS: If the European Commission goes ahead with its plans to make big tech companies contribute to the cost of telecoms infrastructure, the principles of net neutrality could be violated. This is expressed in a new letter (PDF) written by a number of Internet experts, academics and civil society representatives.

As written by experts such as Konstantinos Komaitis, an Internet policy expert and member of the New York Times’ data governance team, Commission Vice-President Margrethe Vestager and Commissioner Thierry Breton are urged to abandon their plans to introduce an “infrastructure fee”.

“The ideas behind this proposal represent a fundamental misunderstanding of the structure of the Internet,” is stated in the letter, obtained by Morning Tech. “We ask that the Commission not move forward with a proposal to drastically undermine net neutrality in Europe and the world.” (see Politico Pro, paywall)

TTC – CYBER AND DATA PROTECTION: The United States and the European Union are working on the details of their upcoming Trade and Technology Council (TTC) meeting to be held in the US in December. A shared set of rules to identify foreign manipulation and interference is on the to-do list.

For their December meeting, the EU and the US have planned the following:

They will hold a workshop on privacy technologies with experts to discuss the level of maturity of the technology, its risks and potential, as well as research issues. Council members will also decide upon a pilot project by the time of the next TTC ministerial meeting.

A taskforce is exploring possible synergies between EU and US investments in digital infrastructure projects in countries outside the EU. The taskforce is looking at public funding for secure connectivity and supply chains for ICT systems in third-party countries. Such synergies would initially focus on Latin America and Africa, with trusted providers being a key requirement and international submarine cable projects under consideration. The aim of the task force is to define at least one development project by the time of the next ministerial meeting. (see Politico Pro, paywall)

CSAM – DNS4EU NOT AN ADDRESSEE FOR INTERNET BLOCKING: According to an answer provided by the EU Commission (PDF) to a question issued by MEP Moritz Körner, the Internet blocking orders provided for in the CSAM Regulation can only be addressed to Internet access service providers under their respective national jurisdiction of the deciding authorities, and blocking orders would thus have no EU-wide effect. However, since the planned DNS4EU is not an Internet access service provider, it cannot be an addressee for blocking orders under the proposed CSAM Regulation.

DIGITAL SERVICES ACT – COUNCIL CLEARS THE WAY FOR PUBLICATION: The EU Council formally adopted the Digital Services Act (DSA) last week. It is due to be signed by the Presidents of the EU Council and Parliament on 19 October, after which it will be published in the Official Journal of the European Union. Entry into force is expected to take place in January 2024.

Meanwhile, publication of the Digital Markets Act in the Official Journal of the EU is expected on 12 October. (see Andreas Schwab via Twitter)

According to media reports, the Commission has also assigned the influential officials Rita Wezenbeek and Filomena Chirico to lead enforcement of the Digital Services Act (DSA) and the Digital Markets Act (DMA), alongside Prabhat Agarwal. (see Contexte, paywall, FR)

ARTIFICIAL INTELLIGENCE I – EU COMMISSION NEGOTIATES FOR EU IN THE COUNCIL OF EUROPE: The European Commission will negotiate the convention on human rights, rule of law and democracy in the Council of Europe on behalf of the EU. It can do so because it has already submitted a proposal to this effect: namely, the AI Act. Pending a mandate, it has secured a postponement of the next plenary session from November to January. And on the basis of the principle of loyal cooperation, it has obliged the other EU countries to go into silent mode. Nevertheless, it is unclear whether the Commission will be able to conduct meaningful negotiations, as the AI Act is still a moving target and there is already talk of extending the timetable of the committee tasked with drafting the AI agreement. (see Euractiv)

ARTIFICIAL INTELLIGENCE II – CONVERGENCE BETWEEN EU AND US: Slowly but surely, Brussels and Washington are moving together on how to regulate artificial intelligence. Last week, the White House published its long-awaited (and non-binding) draft Blueprint for an AI Bill of Rights.

The blueprint contains all of the important points: greater transparency on how algorithms are created; more accountability for AI-based decisioning-making; and the ability for citizens to complain if something goes wrong. In short: a playbook for shining a bright light on how this technology is used in the wild.

The US and the EU have different goals for how they are approaching AI regulation. However, both are eager to formalise this transatlantic relationship during the next meeting of the EU-US Trade and Technology Council to be held in early December. The publication of “a joint roadmap on AI evaluation and measurement tools for [trustworthy] AI and risk management” is expected.

As the theory goes, if people can understand how these automated decisions are made, then there is less likelihood of potential misbehaviour – or, at least, less incentive for people to look for problems.

For now, it’s the US, and not the EU, that is in a better shape to enforce such an approach. Federal agencies and US states have already been digging into such AI-related murkiness, and long-standing legislation like Illinois’ Biometric Information Privacy Act is the gold standard in terms of giving citizens the ability to sue if they believe their data has been misused in this area. (see Politico Digital Bridge)

Relevant Publications, including from the EP Think Tank:

• Plenary round-up – October I 2022 (At a Glance)
• The Data Act (Briefing)

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).

On Monday afternoon, Commissioner Johansson will present the CSAM Regulation to the LIBE 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:

• Informal Meeting of Energy Ministers, Tuesday, 11 and Wednesday, 12 October;
• Informal Meeting of Employment and Social Affairs Ministers, Wednesday, 12 and Thursday, 13 October;
• Justice and Home Affairs Council (incl. e-Evidence, AI), Thursday, 13 and Friday, 14 October – Agenda, A Items, A Items, Addition 1;

Preparatory Bodies:

• Working Party on Competitiveness and Growth (Industry) (incl. Chips Act), Monday, 10 October;
• Working Party on Consumer Protection and Information, Tuesday, 11 October, Wednesday, 12 October and Thursday, 13 October;
• Law Enforcement Working Party – Police, Wednesday, 12 October;
• Working Party on Competitiveness and Growth (Internal Market) (incl. SMEI), Wednesday, 12 October;
• Working Party on Tax Questions (Indirect Taxation), Wednesday, 12 October;
• Horizontal Working Party on Cyber Issues, Wednesday, 12 October and Friday, 14 October;
• Audiovisual and Media Working Party (incl. EMFA), Thursday, 13 October;
• Working Party on Telecommunications and Information Society, Thursday, 13 October;
• Working Party on Competitiveness and Growth (High Level), Thursday, 13 and Friday, 14 October;
• Working Party on Hybrid Threats, Tuesday, 4 October;
• COREPER I (incl. e-ID), Wednesday, 12 and Friday, 14 October;
• COREPER II, Wednesday, 12 October;

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 application of EU law
• Enlargement package
• 2023 European year of skills

You can find the judicial calendar of the ECJ here.

 

European Parliament Committees

CW 41 / Monday, 10 to Thursday, 13 October: Political Group and Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

• Monday, 10 October 2022, 15.00-18.30(Brussels)

Excerpt from the draft agenda

10 October 2022, 15.00 – 16.00

…

4. Child Sexual Abuse Material (CSAM) online – Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse COM(2022) 209

LIBE/9/10100

• Presentation by Ylva Johansson, Commissioner for Home Affairs

…

10 October 2022, 18.00 – 18.30

*** Electronic vote***

…

13. Resilience of critical entities

LIBE/9/04986

***I 2020/0365(COD) COM(2020)0829 – C9-0421/2020

 

Rapporteur:
	Michal Šimečka (Renew)
Responsible:
	LIBE*
Opinions:
	AFET	Lukas Mandl (PPE)	AD – PE692.863v02-00 AM – PE694.954v01-00 AM – PE694.948v01-00
	ECON	Decision: no opinion
	ITRE*	Nils Torvalds (Renew)	AD – PE692.663v02-00 AM – PE693.620v01-00
	IMCO*	Alex Agius Saliba (S&D)	AD – PE691.165v03-00 AM – PE692.785v01-00
	TRAN	Angel Dzhambazki (ECR)	AD – PE692.636v02-00 AM – PE693.634v01-00 AM – PE693.635v01-00

• Vote on the provisional agreement resulting from interinstitutional negotiations

…

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

LIBE/9/06238

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

 

Rapporteur for the opinion:
	Cristian Terheş (ECR)		PA – PE732.601v01-00 AM – PE732.842v02-00
Responsible:
	ITRE*	Romana Jerković (S&D)	PR – PE732.707v01-00 AM – PE734.285v01-00 AM – PE734.286v01-00

• Adoption of draft opinion

*** End of electronic vote ***

…

Further Meetings (Calendar)

• Tuesday, 25 October 2022, 14.30-18.30 (Brussels)

 

JURI Committee (Legal Affairs)

Current Meetings

• None

Further Meetings (Calendar)

• Wednesday, 26 October 2022
• Thursday, 27 October 2022

Dossiers Timetable (19 September 2022)

 

ITRE Committee (Industry)

Current Meetings

• Thursday, 13 October 2022, 9.00-12.30 (Brussels)

Excerpt from the draft agenda

The current agenda was not yet available at the time of the mailing.

Further Meetings (Calendar)

• Open

Dossiers Timetable (5 October 2022)

 

IMCO Committee (Internal Market)

Current Meetings

• Monday, 10 October 2022, 15.00-18.30 (Brussels)

Excerpt from the draft agenda

…

4. Regulation on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

IMCO/9/06424

***I 2021/0170(COD) COM(2021)0346 – C9-0245/2021

 

Rapporteur:
	Dita Charanzová (Renew)
Responsible:
	IMCO

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

5. Consumer credits

IMCO/9/06432

***I 2021/0171(COD) COM(2021)0347 – C9-0244/2021

 

Rapporteur:
	Kateřina Konečná (The Left)
Responsible:
	IMCO

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

——

6. Consumer protection in online video games: a European Single Market approach

IMCO/9/08347

2022/2014(INI)

 

Rapporteur:
	Adriana Maldonado López (S&D)		PR – PE719.799v01-00 AM – PE734.245v01-00
Responsible:
	IMCO

• Consideration of compromise amendments

…

Further Meetings (Calendar)

• Open

Dossiers Timetable (September 2022)

 

CULT Committee (Culture)

Current Meetings

• None

Further Meetings (Calendar)

• Monday, 24 October 2022 (Brussels)
• Tuesday, 25 October 2022 (Brussels)

 

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

• None

Further Meetings

• Thursday, 20 October, 9.00-12.00 (Brussels)

 

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

• None

Further Meetings (Calendar)

• Thursday, 27 October 2022 (Brussels)

Further Parliamentary Calendar Dates

• CW 42 / Monday, 17 to Thursday, 20 October: Plenary Session Week (Strasbourg);
• CW 43 / Monday, 24 to Thursday, 21 October: Committee Meeting Week (Brussels);
• CW 44 / Monday, 31 October to Friday, 4 November: Green Week (no meetings);