Policy & Law
11.11.2022

The View from Brussels #229

Highlights from the Past Week

CW 44 / Monday, 31 October to Friday, 4 November: Green Week (no meetings);

DATA ACT I – COUNCIL PRESIDENCY WANTS MORE FLEXIBILITY IN CLOUD PROVIDER SWITCHING: Prague has drafted a new compromise text (PDF) dealing with Chapters VI to XI of the Data Act and proposing that the notice period for the purpose of “switching” should no longer be set at thirty calendar days. Instead, the parties should be free to set this period contractually, but the notice period may not exceed two months. Service providers must also specify in their contract the categories of metadata that may not be exported due to trade secrets. “These exemptions shall however never impede or delay the porting process”, the text says.

The compromise finally retains the idea of a thirty-day transition period, during which the original provider must guarantee the continuity of its service and the necessary support for switching, which can be extended at the request of the customer (unless this is technically unfeasible).

Aside from this, the Chair seeks to align Chapter VII on data transfer with the provisions of the Data Governance Act. It also clarifies the role of the various competent national authorities, especially in cases related to national security and defence. This new compromise will be on the agenda of the Telecom Working Party meeting on 8 November. (see Contexte, paywall, FR, Euractiv)

DATA ACT II – UPDATED SCHEDULE IN THE PARLIAMENT: According to the revised timetable of the lead Industry Committee (ITRE), MEPs are expected to vote on the draft report by rapporteur P. del Castillo Vera (EPP, Spain) on 6 February 2023.

Once adopted, the committee will then submit its text to the plenary for adoption as the European Parliament’s first reading position. This is now provisionally scheduled for 13 March 2023.

The associated Committee on Legal Affairs (JURI) is expected to vote on its draft opinion and expected amendments on 23 January 2023.

The associated Committee on Civil Liberties (LIBE) is also expected to vote on its draft opinion and expected amendments on 30 January 2023.

ARTIFICIAL INTELLIGENCE I – LAST COMPROMISE IN COUNCIL: A final version of the compromise on the AI Act (PDF) is on the agenda of the Telecom Working Party meeting for 8 November. It will then be voted on by ambassadors on 18 November and by EU ministers at the Council meeting on 6 December.

The text contains only minor changes. For example, the Czech Presidency clarifies that only life insurance and health insurance are considered high-risk use cases in the context of Annex III. It also includes some clarifications regarding general purpose AI schemes: they must comply with their obligations from the date of application of the implementing acts and are also subject to sanctions in the event of infringements. In addition, a sentence has been added stating that the results of a high-risk AI used by law enforcement authorities in an emergency to deal with an exceptional situation, i.e. without conformity assessment and without authorisation, should be discarded if the authorisation is refused later on. (see Contexte, paywall, FR)

ARTIFICIAL INTELLIGENCE II – NEW AMENDMENTS IN THE PARLIAMENT: The European Parliament’s co-rapporteurs, B. Benifei and D. Tudorache, have circulated a new batch of compromise amendments to be discussed at the technical level next week.

The new compromises focus on the governance of the AI Act. The original proposal put competent national authorities in the driving seat, with an AI Board to provide coordination.

The co-rapporteurs now propose replacing the AI Board with an AI Office, which would be a little short of a new EU agency with its own legal personality, funding and staff. The body would be independent but accountable to the European Parliament and the Council.

While there seems to be a consensus among policymakers on the need to introduce centralised elements to ensure effective enforcement, the idea of an AI agency has in the past seen pushbacks from conservative MEPs, for budgetary reasons. (see Euractiv)

DIGITAL MARKETS ACT – IN FORCE FROM 1 NOVEMBER: The Digital Markets Act (DMA) entered into force on 1 November and will start to apply from 2 May 2023. By 3 July at the latest, potential gatekeepers under the Act will have to notify their core platform services to the Commission. After that, the EU executive has until the beginning of September to decide whether they meet the threshold for such designation. Those that meet the threshold will then have a further six months – until 6 March 2024 – to comply with the DMA. (see press release COM)

Relevant Publications, including from the EP Think Tank:

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 2022 is available here (PDF).

On Thursday, the report on the NIS2 is expected to be adopted in Parliament.

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:

Preparatory Bodies:

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:

 

  • Security and defence package
    • New action plan on military mobility
    • Proposal for an EU cyber defence policy
  • Communication on fertilisers
  • Development of post-Euro 6/VI emission standards for cars, vans, lorries and buses
  • Economic governance review

You can find the judicial calendar of the ECJ here.

European Parliament Committees

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

LIBE Committee (Civil Liberties)

Current Meetings

  • Monday, 7 November, 15.00-18.30 (Brussels)
  • Tuesday, 8 November, 9.00-12.30 and 14.30-18.30 (Brussels)

Extract from the draft agenda

…

8 November 2022, 16.35 – 17.00 

  1. Harmonised rules on fair access to and use of data (Data Act)

LIBE/9/08518

***I 2022/0047(COD) COM(2022)0068 – C9-0051/2022

 

Rapporteur for the opinion:
Sergey Lagodinsky (Verts/ALE) PA – PE737.389v01-00
Responsible:
ITRE* Pilar del Castillo Vera (PPE) PR – PE732.704v01-00
  • Consideration of draft opinion
  • Deadline for tabling amendments: 15 November 2022, 18.00

…

Further Meetings (Calendar)

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

JURI Committee (Legal Affairs)

Current Meetings

  • None

Further Meetings (Calendar)

  • Thursday, 17 November 2022 (Brussels)
  • Monday, 28 November 2022 (Brussels)
  • Tuesday, 29 November 2022 (Brussels)

Dossiers Timetable (5 October 2022)

ITRE Committee (Industry)

Current Meetings

  • None

Further Meetings (Calendar)

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

Dossiers Timetable (3 November 2022)

IMCO Committee (Internal Market)

Current Meetings

  • None

Further Meetings (Calendar)

  • Monday, 28 November 2022, 15.00-18.30 (Brussels)
  • Tuesday, 29 November 2022, 9.00-12.30 and 14.30-18.30 (Brussels)

Dossiers Timetable (October 2022)

CULT Committee (Culture)

Current Meetings

  • None

Further Meetings (Calendar)

  • Monday, 14 November 2022 (Brussels)

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

  • None

Further Meetings

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

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

  • None

Further Meetings (Calendar)

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

Further Parliamentary Calendar Dates

  • CW 46 / Monday, 14 to Thursday, 17 November: Political Group and Committee Meetings Week (Brussels);
  • CW 47 / Monday, 21 to Thursday, 24 November: Plenary Sessions Week (Strasbourg);
  • CW 48 / Monday, 28 to Thursday, 1 December: Committee Meetings Week (Brussels);
The View from Brussels 11 June 2018

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