Highlights from the Past Week
CW 47 / Monday, 21 to Thursday, 24 November: Plenary Sessions Week (Strasbourg);
E-EVIDENCE – NEGOTIATIONS CONTINUE: The Czech Presidency presented its proposal for a revised mandate (PDF) on the e-Evidence Regulation in COREPER I on 23 November. In its proposal, it recommends maintaining the refusal on explicitly addressing orders to data controllers, as these could be too difficult to identify. It still is of the view that emergency notifications of orders to the public authorities in the country of establishment of the service should not have any suspensive effect.
At the COREPER meeting on 23 November, “the Chair took note of comments from Member States” – which is the only thing that has been stated by the Council. According to negotiators, it is not certain that the next trilogue scheduled for 29 November will be the last. France had tried unsuccessfully to reach an agreement in the last hours of its presidency after making progress on most of the difficult points of the draft. (see Contexte, paywall, FR and Euractiv)
JUSTICE AND HOME AFFAIRS COUNCIL ON 8 AND 9 DECEMBER: The Justice and Home Affairs Council is scheduled to meet on 8 and 9 December 2022. Several current legislative projects are on the agenda. The progress report on the e-Evidence proposal (not yet publicly available) is one of the items to be discussed. Also on the agenda is the progress report on the CSAM Regulation. The text on the legislative project on the Path to the Digital Decade, which was adopted by the EU Parliament on 24 November, is to receive final confirmation during the meeting.
CYBER RESILIENCE ACT – IMCO SEEKING SPEAKER’S RIGHT: According to a report by Euractiv, the Single Market Committee (IMCO) has formally challenged the Industry Committee (ITRE) for the lead on this dossier.
The IMCO Committee, which has contested the leadership of the dossier, could possibly be appointed as the associated committee for the dossier and for Rule 57 of the European Parliament’s Rules of Procedure.
ARTIFICIAL INTELLIGENCE I – NINTH COMPROMISE PACKAGE IN THE EP: The shadow rapporteurs’ meeting scheduled for last week has once again been cancelled. While the co-rapporteurs do not see this as a major problem, there is growing concern among the other participants that the huge batch of amendments will be sent to them just before the weekend, leaving too little time for an appropriate review. Meanwhile, discussions at the technical level continue. (see Politico Pro, paywall) A new deadline is scheduled for 6 December. (see Contexte, paywall, FR)
In the 9th batch (PDF), the co-rapporteurs propose a complaint mechanism for consumers who feel harmed by an AI system covered by the regulation. In addition, B. Benifei and D. Tudorache suggest that the proposed post-market surveillance should include an ongoing analysis of the AI environment, including other devices, software and AI systems interacting with the AI system, and taking into account the limits stemming from data protection, copyright and competition law. They also propose that regulators can conduct unannounced on-site and remote inspections of high-risk AI systems and seek evidence of any non-compliance via reverse engineering of AI systems. (see Contexte, paywall, FR)
ARTIFICIAL INTELLIGENCE II – SIGNIFICANT SUPPORT FROM COUNCIL FOR AI COMPROMISE: While all ambassadors supported the compromise on AI legislation during their exchange (COREPER I) on 18 November, some also expressed reservations about the text. In its input, France pointed to the lack of definitions of certain terms in the text and the references to implementing acts. It also voiced criticism about the lack of objective/quantitative criteria to define high-risk applications and the absence of impact assessments. Germany and Austria made a statement to be included in the protocol: Germany was in favour of balanced provisions (on the protection of children and young people and on law enforcement agencies), while Austria expressed policy concerns in the area of data protection. On governance, Denmark indicated that it would have liked to see more competences delegated to the Commission, while Poland took the opposite view, especially with regard to the delegated acts mentioned in the article on conformity assessment (Article 43). (see Contexte, paywall, FR)
CSAM – CROSS-BORDER REMOVAL ORDERS: The Czech Presidency’s recent compromise text on the Commission’s proposal to combat child sexual abuse material includes a newly added section on cross-border content removal procedures. The new text also includes updates to the provisions on the independence of the coordinating authorities responsible for monitoring these measures and on the technical details of redress mechanisms for individuals. (see Euractiv)
DIGITAL MARKETS ACT – REBUTTAL BY AFFECTED PARTIES: Big Tech firms (VLOPs) that exceed the Digital Markets Act’s thresholds will only be able to evade the rules if there is a major change in the “trends” of those metrics, the European Commission’s DMA advisor Michael Koenig said on Monday.
If economic conditions change to the extent that thresholds don’t reflect a platform’s impact on the Internal Market, Big Tech companies would have more chance to rebut a designation decision, Koenig said at a conference held by Informa Connect on Monday. “If there is a massive trend in the development of these thresholds, then this is something that can be taken into account,” he said.
Elsewhere, guidance on Big Tech compliance with the DMA won’t come anytime soon. “At this stage, we do not intend to provide any upfront guidance on the substantive provisions,” Koenig said, adding however that “guidance on procedural elements” would be outlined in an upcoming implementing regulation to be published before the end of the year.
There will be more DMA public workshops in the future, following the Commission’s inaugural session on self-preferencing on December 5, DG COMP’s Thomas Kramler confirmed on Monday. (see Politico Pro, paywall)
DIGITAL SERVICES ACT – COURTS TO DECIDE ON METAVERSE AND GAMING PLATFORMS: Irene Roche Laguna, deputy head of the Commission’s unit responsible for enforcing the EU’s content moderation law, said last week that judges will decide on tech applications that fall into a “grey zone”.
“This discussion could run eternally”, she said during a debate organised by think tank CERRE. “Is Mastodon subject to the DSA? Is the metaverse subject to the DSA? It will have to be elaborated on a case-by-case basis.” Roche Laguna said similar debates unfolded over twenty years ago with the e-Commerce Directive, but that judges had been able to hold video-sharing platforms, search engines and social networks accountable.
A new study on content moderation laws (PDF) said the DSA presented several gaps when it comes to tackling harmful content in the world of gaming in the future metaverse. “Online gaming websites are not specifically mentioned in the instruments,” wrote Michèle Ledger and Sally Broughton Micova. “This may be surprising as, for instance, Epic’s Fortnite is reported to have 70 [million] gamers per month worldwide.” The report also added that the DSA (and other laws) didn’t have specific rules on livestreaming, which can reveal users’ location and enable offenders to pressure minors into being sexually abused. (see Politico Pro, paywall)
CRITICAL INFRASTRUCTURES – EU PARLIAMENT ADOPTS NEW RULES: With 595 votes in favour, 17 against, and 24 abstentions, MEPs voted to confirm an agreement with the Council on minimum rules for Member States’ risk assessments and resilience strategies. Among other benefits, this will harmonise a uniform EU-wide definition for the term “critical infrastructure”.
The new legislation tightens the requirements for risk assessment and reporting for actors considered critical in the following eleven sectors: energy, transport, banking, financial market infrastructure, digital infrastructure, drinking water, wastewater, food (including production, processing and delivery), health, public administration and space.
In addition, the Member States should adopt national resilience strategies and create designated single points of contact for cross-border communication. At the same time, they should avoid double reporting between this and other resilience-boosting initiatives, so that critical actors do not face an unnecessary administrative burden. To ensure transparency, critical actors should inform national authorities of any incidents or disturbances. The authorities must then inform the public when this is in the public interest. (see EP press release)
DIGITAL 2030 – EU PARLIAMENT ADOPTS ROADPLAN: Last week, the European Parliament adopted the “Path to the Digital Decade”, a roadmap (PDF) that aims to ensure that 80 per cent of the EU population aged 16-74 has at least basic digital skills by 2030, and that at least 75 per cent of EU companies should be using cloud, Big Data and AI. The targets had already been agreed upon with the EU Council. (see EP press release)
EMFA – MEMBER STATES CALL LEGISLATION INTO QUESTION: As can be seen from the progress report (PDF) on the European Media Freedom Act, Member States are questioning whether it makes sense to handle the regulation of the media via the Single Market (Art. 114 TFEU) and what competence the EU has to legislate on these issues. A study by the legal service was commissioned on this topic.
With regard to the future European Council for Media Services, in which media regulators will be represented, some Member States expressed concerns that the Commission could exert too much influence on their organisation and decision-making. More specific questions also emerged, in particular on the interaction with the AVMS Directive and the definition of “publisher”. Some states also expressed concern about a conflict between the future ban on detaining or surveilling journalists and their associates and their national criminal law. In parallel, the European Data Protection Supervisor, in his opinion (PDF), called for a general ban on the development and use of spyware in Europe. (see Contexte, paywall, FR)
ONLINE HATE SPEECH – NEW REPORT SHOWS A DROP IN NUMBERS: The EU Commission published its seventh evaluation of the implementation of the Code of Conduct, introduced in 2016. It found that the number of reports checked within 24 hours had declined: 64.4% compared to 2021 (81%) and 2020 (90.4%). Only TikTok had seen its score increase (from 82.5% to 91.7%). The average removal rate (63.6%) is similar to 2021 (62.5%), but still lower than 2020 (71%). The quality of feedback on user reports has improved compared to previous monitoring measures.
COMPETITION – WORKSHOP ON DIGITAL MERGERS: The EU Commission has opened the registration for an “open forum” on adapting its focal policy to the specific challenges of digital technology, including the impact of networks, the emergence of ecosystems or the advantage derived from access to data. Among the elements that the participants in this forum want to discuss are the “role of market definitions”, “new approaches” for theories of harm, or reviewing acquisitions of low turnover targets that nevertheless have high competitive pressure.
COPYRIGHT – EU COMMISSION AIMS FOR A STUDY ON DSM, SATCAB2 AND AVMS DIRECTIVES: DG Connect has published two “Calls for Tenders” for studies on the copyright-related directives. The aim is to evaluate the implementation of the respective rules in the Member States (CNECT/2022/OP/0064 and CNECT/2022/OP/0080).
AUSTRIA – NATIONAL PARLIAMENT DEFINES CSAM BARRIERS TO NEGOTIATION IN THE COUNCIL: According to the opinion (PDF-DE) of the standing EU subcommittee, during the negotiations on the CSAM Directive, the Austrian federal government must actively work to ensure that this regulation complies with fundamental rights and only approve the said regulation if it is ensured that it is designed in a way that complies with fundamental rights in the context of the operative text.
GERMANY – MINISTRY FOR DIGITAL AND TRANSPORT PROMOTES INTELLIGENT APPLICATIONS IN MOBILITY AND LOGISTICS: German Digital Minister V. Wissing has pledged 8.3 million Euro in funding for three AI-based projects. One of these is to create a shared data space between Germany and Austria; a second one is to improve the loading of transport units on rail freight wagons; while the third one is to improve the lighting in cars, trains and planes in accordance with people’s inner biological clock. The financial support is part of the “Innovation Campaign for Artificial Intelligence in Mobility”, which has so far funded 11 AI projects with 48 million Euro on behalf of the federal government. (see press release BMDV-DE)
Relevant Publications, including from the EP Think Tank:
- Plenary roand -up – November II 2022 (At a Glance)
- Digital Markets Act (Briefing)
- European media freedom act (Briefing)
- Accelerating the deployment of renewable energy during the crisis (At a Glance)
- The Implementation and Future of the revised Audiovisual Media Services Directive: Policy Recommendations (Briefing)
- Implementation of the revised Audiovisual Media Services Directive – Backgroand Analysis of the main aspects of the 2018 AVMSD revision (Study)
Outlook for the Current Week
You can find a list of the upcoming dates of the European Parliament here. The meeting calendar for 2022 is available here (PDF).
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:
- Education, Youth, Culture and Sport Council, Monday, 28 and Tuesday, 29 November – Agenda, A Items, Background Brief;
- Foreign Affairs Council, Monday, 28 November – Agenda, A Items;
- Competitiveness Council (incl. Chips Act), Thursday, 1 and Friday, 2 December – Agenda, A Items;
Preparatory Bodies:
- Working Party on Telecommunications and Information Society, Monday, 28 November;
- Working Party on Competitiveness and Growth (Internal Market), Monday, 28. November;
- Working Party on Consumer Protection and Information, Tuesday, 29 November, Wednesday, 30 November;
- Working Party on Cooperation in Criminal Matters (COPEN) ( ePrivacy, data retention), Tuesday, 29 November, Wednesday, 30 November, Thursday, 1 December, Thursday, 1 and Friday, 2 December;
- Law Enforcement Working Party (Police), Wednesday, 30 November;
- Horizontal Working Party on Cyber Issues, Wednesday, 30 November;
- Working Party on Hybrid Threats, Tuesday, 29 November;
- COREPER I, Wednesday, 30 November;
- COREPER II ( political online advertising, global minimum tax), Wednesday, 30 November and Thursday, 1 December;
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 topic is on the agenda for the coming week:
- Circular economy package II
- Proposal for a Regulation on substantiating environmental claims using the product/organisation environmental footprint methods (green claims)
- Policy framework for bio-based, biodegradable and compostable plastics
- Review of the Packaging and packaging waste Directive to reinforce the essential requirements for packaging and establish EU level packaging waste prevention measures and targets
- Carbon removal certification
- Health package
- Global health strategy
- State of preparedness report
You can find the judicial calendar of the ECJ here.
European Parliament Committees
CW 48 / Monday, 28 November to Thursday, 1 December: Political Group and Committee Meetings Week (Brussels);
LIBE Committee (Civil Liberties)
Current Meetings
- Tuesday, 29 November, 9.00-11.30 (with FEMM)
- Wednesday, 30 November, 9.00-12.30 and 14.30-18.30
- Thursday, 1 December, 9.00-13.00 and 14.30-17.30
Excerpt from the Draft Agenda
The current agenda was not available at the time of the mailing.
Further Meetings (Calendar)
- Monday, 5December 2022, 15.00-17.30 (Brussels)
JURI Committee (Legal Affairs)
Current Meetings
- Monday, 28 November 2022 (Brussels)
- Tuesday, 29 November 2022 (Brussels)
Excerpt from the Draft Agenda
…
29 November 2022, 10.00 – 10.45
*** Voting time ***
- Transparency and targeting of political advertising
JURI/9/07815
***I 2021/0381(COD) COM(2021)0731 – C9-0433/2021
| Rapporteur for the opinion: | |||
| Angelika Niebler (PPE) | PA – PE735.590v01-00 AM – PE736.522v01-00 AM – PE736.523v01-00 |
||
| Responsible: | |||
| IMCO* | Sandro Gozi (Renew) | PR – PE732.754v01-00 AM – PE736.517v01-00 AM – PE736.500v01-00 |
|
- Adoption of draft opinion
- Deadline for tabling amendments:8 September 2022, 12.00
- Establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)
JURI/9/08456
***I 2022/0032(COD) COM(2022)0046 – C9-0039/2022
| Rapporteur for the opinion: | |||
| Tiemo Wölken (S&D) | PA – PE736.697v01-00 AM – PE738.431v01-00 |
||
| Responsible: | |||
| ITRE* | Dan Nica (S&D) | PR – PE731.655v01-00 AM – PE737.266v01-00 AM – PE737.359v01-00 AM – PE737.348v01-00 |
|
- Adoption of draft opinion
- Deadline for tabling amendments:28 October 2022, 17.00
…
Further Meetings (Calendar)
- Monday, 5 December, 15.00-18.30 (Brussels)
Dossiers Timetable (5 October 2022)
ITRE Committee (Industry)
Current Meetings
- Monday, 28 November 2022 (Brussels)
- Tuesday, 29 November 2022 (Brussels)
Excerpt from the Draft Agenda
…
29 November 2022, 10.00 – 12.30
- Establishing the Union Secure Connectivity Programme for the period 2023-2027
ITRE/9/08400
***I 2022/0039(COD) COM(2022)0057 – C9-0045/2022
| Rapporteur: | |||
| Christophe Grudler (Renew) | |||
| Responsible: | |||
| ITRE | |||
- Reporting back to committee on the negotiations (Rule 74(3))
- Energy efficiency (recast)
ITRE/9/06937
***I 2021/0203(COD) COM(2021)0558 – C9-0330/2021
| Rapporteur: | |||
| Niels Fuglsang (S&D) | |||
| Responsible: | |||
| ITRE | |||
- Reporting back to committee on the negotiations (Rule 74(3))
- Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
ITRE/9/06924
***I 2021/0218(COD) COM(2021)0557 – C9-0329/2021
| Rapporteur: | |||
| Markus Pieper (PPE) | |||
| Responsible: | |||
| ITRE* | |||
- Reporting back to committee on the negotiations (Rule 74(3))
*** Electronic vote ***
*** Votes at approximately 10.00 in physical presence only ***
…
- Establishing the Union Secure Connectivity Programme for the period 2023-2027
ITRE/9/08400
***I 2022/0039(COD) COM(2022)0057 – C9-0045/2022
| Rapporteur: | |||
| Christophe Grudler (Renew) | |||
| Responsible: | |||
| ITRE | |||
| Opinions: | |||
| BUDG | |||
- Vote on the provisional agreement resulting from interinstitutional negotiations
*** End of electronic vote ***
Further Meetings (Calendar)
- Monday, 5 December, 15.00-18.30 (Brussels)
Dossiers Timetable (15 November 2022)
IMCO Committee (Internal Market)
Current Meetings
- Tuesday, 29 November 2022, 9.00-12.30 and 14.30-18.30 (Brussels)
Excerpt from the Draft Agenda
…
- Working group on the implementation of the Digital Markets Act (DMA)
* Reporting back to committee by Andreas Schwab (PPE), Chair of the Working group
…
- Transparency and targeting of political advertising
IMCO/9/07812
***I 2021/0381(COD) COM(2021)0731 – C9-0433/2021
| Rapporteur: | |||
| Sandro Gozi (Renew) | PR – PE732.754v01-00 AM – PE736.517v01-00 AM – PE736.500v01-00 |
||
| Responsible: | |||
| IMCO* | |||
- Consideration of compromise amendments
- A standardisation strategy for the Single Market
IMCO/9/09346
| Rapporteur: | |||
| Adam Bielan (ECR) | |||
| Responsible: | |||
| IMCO | |||
- Consideration of draft report
…
- Harmonised rules on fair access to and use of data (Data Act)
IMCO/9/08516
***I 2022/0047(COD) COM(2022)0068 – C9-0051/2022
| Rapporteur for the opinion: | |||
| Adam Bielan (ECR) | PA – PE736.701v01-00 | ||
| Responsible: | |||
| ITRE* | Pilar del Castillo Vera (PPE) | PR – PE732.704v01-00 AM – PE738.549v01-00 AM – PE738.511v01-00 AM – PE738.548v01-00 AM – PE738.509v01-00 |
|
- Consideration of amendments
29 November 2022, 14.30 – 18.30Â
Report on ongoing interinstitutional negotiations
…
- Establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)
IMCO/9/08360
***I 2022/0032(COD) COM(2022)0046 – C9-0039/2022
| Rapporteur for the opinion: | |||
| Maria-Manuel Leitão-Marques (S&D) | PA – PE735.490v02-00 AM – PE735.486v01-00 |
||
| Responsible: | |||
| ITRE* | Dan Nica (S&D) | PR – PE731.655v01-00 AM – PE737.266v01-00 AM – PE737.359v01-00 AM – PE737.348v01-00 |
|
- Consideration of compromise amendments
- Proposal for a Regulation of the European Parliament and of the Council on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724
***I 2022/0358(COD) COM(2022)0571 – C9-0371/2022
* Presentation of the proposal for a regulation by the Commission
Further Meetings (Calendar)
- Thursday, 8 December 2022, 14.00-17.30 (Brussels)
Dossiers Timetable (November 2022)
CULT Committee (Culture)
Current Meetings
- Wednesday, 30 November, 9.00-12.30 and 14.30-18.30 (Brussels)
- Thursday, 1 December 2022 9.00-12.30 Brussels)
Excerpt from the Draft Agenda
The agenda does not contain any topics of specific relevance to the Internet industry.
Further Meetings (Calendar)
- Monday, 5 December 2022 (Brussels)
PEGA Committee (Pegasus Committee of Inquiry)
Current Meetings
- Monday, 28 November 2022, 15.00-18.30 (Brussels)
- Tuesday, 29 November 2022, 9.00-12.30 and 15.00-18.30 (Brussels)
Excerpt from the Draft Agenda
Monday 28 November 2022, 15.00 – 17.00
…
- Exchange of views with Eric Lefevre, The Central Directorate of the Judicial Police, France
…
Tuesday, 29 November 2022, 15.00–18.30
…
- 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
| Rapporteur: | |||
| Sophia in ‘t Veld (Renew) | PR – PE738.492v02-00 | ||
| Responsible: | |||
| PEGA | |||
- Consideration of draft report
…
Further Meetings
- Open
INGE2 Committee (Special Committee on Foreign Interference)
Current Meetings
- None
Further Meetings (Calendar)
- Thursday, 1 December 2022, 9.30-12.30 (Brussels)
Further Parliamentary Calendar Dates
CW 49 / Monday, 5 to Thursday, 8 December: Political Group and Committee Meetings Week (Brussels);
CW 50 / Monday, 12 to Thursday, 15 December: Plenary Sessions Week (Strasbourg);
CW 51-1 / Monday, 19 December to Friday, 6 January: Green Week / no meetings;
