Highlights from the Past Week
CW 48 / Monday, 28 November to Thursday, 1 December: Political Group and Committee Meetings Week (Brussels);
E-EVIDENCE – POLITICAL AGREEMENT IN TRILOGUE: Last week, the negotiators of the European Parliament and the Council reached a political agreement in the negotiations on the e-Evidence proposal (see Commission press release). The two related pieces of legislation were proposed by the European Commission in 2018. The regulation aims to streamline and simplify cross-border access and gathering of information for investigating authorities in the European Union.
Nonetheless, before the European Parliament and the Council can vote on the dossier, further technical discussions will take place. A discussion on the progress report is on the agenda of the “Justice and Home Affairs” Council for 9 December.
While the results of the negotiations are not yet publicly available (latest 4-column document, 18 November – PDF), recent information suggests that most of the concerns raised by the Internet industry have not been taken into account. (see Euractiv).
CHIPS ACT – COUNCIL CONFIRMS GENERAL POSITION: At last week’s meeting of the Telecommunications Council, a common position was reached on the Chips Act, paving the way for the start of inter-institutional negotiations. Member States agreed on Thursday to adopt the text, which, under the Czech Presidency, made several fundamental changes to the Commission’s original proposal in areas such as so-called “mega-fabs”, funding and crisis management. (see Euractiv)
POLITICAL ONLINE ADVERTISING I – COREPER FINALISES ITS WORK: The version of the regulation on political advertising presented by the Czech Presidency was approved in COREPER II on Thursday, involving only minor changes. Accordingly, the General Affairs Council can formally adopt a general approach on 13 December.
The most difficult areas for reaching an agreement were those linked to targeting and amplification. A compromise was reached by splitting the original article in two and providing different measures on consent for processing special categories of personal data. The text also includes a separate consent for sensitive personal data for political ads. (see Euractiv)
POLITICAL ONLINE ADVERTISING II – LIBE ADOPTS REPORT: In her final compromise amendments, confirmed last week, Anna Donáth (Renew), the rapporteur of the Civil Liberties Committee (LIBE), resolved to limit the targeting and delivery techniques for political advertising to data explicitly provided by citizens for this purpose.
The LIBE Committee has sole competence for the most sensitive Article 12 of the Regulation, which deals with the amplification and targeting of such advertising. It seeks to prohibit the targeting of minors and the combination of several categories of data. In the two months before an election or vote, the technologies will be more severely restricted. In order to target advertisements rather than all messages from Internet users, the LIBE Committee will reserve its restrictions for “services” that disseminate political advertisements and require an annual impact assessment.
This focus on “services” is a thorn in the side for the Greens, who see it as a loophole into which political parties and platforms can slip in order to evade the regulation’s prohibitions. The committee has added a recital (47h) to prevent this circumvention. The Greens are countered by the Socialists, who maintain this reference to “services”.
The lead rapporteur, Sandro Gozi (Renew), insists on maintaining these rules, at least at the level of the Commission proposal. (see Contexte, paywall, FR)
CSAM I – COUNCIL TO DISCUSS PROGRESS REPORT: The Council of the EU will discuss the progress report (draft, PDF) on the Child Sexual Abuse Content (CSAM) Regulation online at the Justice and Home Affairs Council on 8 December.
The progress report notes that many questions were raised on Chapter IV regarding the budget, risk of duplication with Europol’s tasks, risk of competition between Europol and the EU Centre for expert staff dealing with child sexual abuse (CSA), lack of recognition of the role of hotlines in dealing with CSA reports, data protection issues regarding the processing of CSA reports by the EU Centre, the reporting process by the EU Centre of online CSA to Europol and law enforcement authorities, the creation of a database of reports by the EU Centre, as well as the creation of databases of indicators of online CSA.
Finally, several Member States “asked for a later application date and for the Interim Regulation (EU) 2021/1232 to be repealed at a later stage to avoid a gap between the detection based on the Interim Regulation and the proposed Regulation”, and presented the scenario where “both regulations should remain in force concomitantly for a while to avoid such a gap”.
In the progress report, one of the references is the issuance of “a written opinion on the proportionality of detection orders”, which will be prepared by the Council Legal Service.
The Council’s “Law Enforcement” (Police) Working Party will continue to meet in the coming months to consider the proposal and prepare the Council’s negotiating mandate (general approach).
CSAM II – EP CULT COMMITTEE PUBLISHES AMENDMENTS: The Committee on Culture (CULT) in the EU Parliament has published the amendments (26-149, PDF) on its own opinion (PDF).
The main features of the CULT amendments are:
- a broad focus on prevention, awareness campaigns, media literacy and assistance to victims;
- several amendments calling on Member States and the EU Centre to set up prevention and awareness programmes;
- an extension of the EU Centre’s area of responsibility – distributing educational material, drawing up prevention strategies, collecting information and producing studies on best practices;
- a stronger role for hotlines – including the possibility to report illegal content directly to providers, and further cooperation with the EU Centre and providers;
- a focus on training for officials and public sector persons who come into contact with victims.
CSAM III – DRAFT REPORT IN LIBE COMMITTEE: In April, Javier Zarzalejos, the rapporteur in the lead Committee on Civil Liberties (LIBE), expects to present his draft report on the EU Regulation to prevent and combat child sexual abuse.
At a first meeting with the shadow rapporteurs on 30 November, the Spanish politician also said he hoped for a vote on the report in the LIBE committee in late June or early July. (see Contexte, paywall, FR).
Meanwhile, the arguments over competences continue.
ARTIFICIAL INTELLIGENCE – PRECISION OF “SERIOUS INCIDENTS”: When it comes to serious incidents, Brando Benifei (S & D) and Dragoș Tudorache (Renew) propose to include occurrences or “malfunctions” that may lead to a range of consequences, including the violation of fundamental rights. The legislative proposal introduces an obligation for the provider to report such situations. At the same time, the term “malfunction” falls away from the rest of the text. Among the latest proposals for implementation (compromise package 8), the co-rapporteurs propose to provide a secretariat to the AI Office. However, in view of the positive reactions to this proposal, they have withdrawn their idea of giving the AI Office binding powers in case of disagreements between Member States. (see Contexte, paywall, FR)
The next political meeting is already scheduled for 6 December. Governance and implementation of the regulation (compromise packages 8 and 9) will be on the agenda.
At the technical meeting on 28 November, the experts discussed in particular the amendments to the general provisions of the regulation (package 6). This discussion included the idea that states should not be prevented from adopting provisions that are more favourable to workers in terms of protecting their rights. It also entailed the fact that the regulation may not interfere with the research, testing and development activities of an AI system before it is placed on the market, provided that the system respects fundamental rights and EU law. The Commission could adopt delegated acts to clarify this aspect.
During their exchange, the experts also returned to Recital 65.a, which deals with the recognition of tests carried out by conformity assessment bodies, irrespective of where they have been established. The co-rapporteurs suggested that the Commission should actively seek possible international instruments, such as mutual recognition agreements with countries that respect fundamental rights, have a comparable level of technical development, and share a compatible approach to AI and conformity assessment. The technical meeting on 2 December, however, was cancelled due to other meetings or missions already on the agenda of some groups. (see Contexte, paywall, FR)
CYBERSECURITY – NIS2 READY FOR PUBLICATION: After the result reached in the trilogue on the Cybersecurity Directive (NIS2) was confirmed at the European Parliament’s November plenary session (see EP press release), the Council also confirmed the text on 28 November (see Council press release). Publication in the Official Journal of the EU is expected shortly. Member States then have 21 months to transpose the Directive into national law.
CYBER RESILIENCE – EU COMMISSION NOTIFIES REGULATION TO WTO: The European Commission has notified the WTO of the Union’s intention to adopt the Cyber Resilience Act. The WTO consultation is due to end on 27 February 2023 and gives WTO members the opportunity to comment on whether the measure would constitute a technical trade barrier. (see ePing)
PRODUCT SAFETY – AGREEMENT IN TRILOGUE: Last week, Parliament and Council negotiators reached a provisional political agreement to update the EU’s rules on product safety of non-food consumer products. The new regulation on General Product Safety aims to address product safety challenges in online shopping. (see EP press release)
DMA – 65 STAFF IN THE TEAM: The Commission’s digital markets law enforcement team will have 65 staff, 15 fewer than in original plans. This is what the leading MEP Andreas Schwab told the Internal Market Committee on Tuesday (video), citing recent discussions with senior Commission officials. He said he had been told that the Commission was “positive” about increasing the number of staff to 80 in the near future.
The German EPP MEP also said he hoped to have discussions on the DMA at least “two or three times a year” in the Internal Market Committee, and that the next meeting of the group would focus on interoperability rules for messaging services. (see Politico Pro, paywall)
MEDIA FREEDOM I – RAPPORTEUR APPOINTED IN IMCO: Geoffroy Didier (EPP, FR) has been appointed as rapporteur for the opinion in the Internal Market Committee (IMCO). He was already rapporteur for the opinion on the DSA in the Legal Affairs Committee. “We need to establish clear principles: no journalist should be spied on because of their job; no public media should be turned into a propaganda channel,” he said.
Alex Agius Saliba was appointed as shadow rapporteur for the Socialists and Democrats (S&D, MT). The other political groups have yet to select their rapporteurs. For the Liberals (Renew), Sandro Gozi is expected to be appointed.
The committee is calling for joint competence on the text and at least one exclusive section of competence (Rule 57 of the Rules of Procedure). The Committee on Civil Liberties (LIBE) wants joint competence for the Rules of Procedure with the Culture Committee, which received the original allocation, and to entrust a political group with the dossier in the next few days. (see Contexte, paywall, FR)
MEDIA FREEDOM II – ERGA PUBLISHES OPINION: The European Regulators Group for Audiovisual Media Services (ERGA) published its opinion last week. Its Chair, Karim Ibourki, said ERGA welcomed the initiative and supported “the principle-based approach and the reasonable level of minimum harmonisation chosen in EMFA [European media freedom legislation]”. However, she also saw gaps in the status of the future European Committee on Media Services, which should “do more than assist the Commission [and] act on its own initiative”.
INTELLIGENT NETWORKS AND SERVICES – SNS JU LAUNCHES INFO WEBSITE: The European Smart Networks and Services Joint Undertaking (SNS JU) launched its website on 1 December 2022. The new website brings together all of the information related to the Joint Undertaking, including its mission, funding opportunities, procurement, and job vacancies. It also features news on ongoing and past calls, EU-funded projects, and a list of events and publications. (see press release COM)
Relevant Publications, including from the EP Think Tank:
- Digital Markets Act: Application timeline (At a Glance)
- Digital Services Act: Application timeline (At a Glance)
- Combating child sexual abuse online (Briefing)
- Preventing and combating child sexual abuse (Briefing)
- Future EU reforms [What Think Tanks are thinking] (Briefing)
- The Swedish Parliament and EU affairs (Briefing)
- The EU chips act: Securing Europe’s supply of semiconductors (Briefing)
- Addressing the challenges of the Green Transition in national Recovery and Resilience Plans: a preliminary assessment (Study)
- Addressing the challenges of the digital transition in national RRF plans: Measures to support digitisation of SMEs (Study)
- Personalised pricing (Study)
- Amendments 102-259, 260-490 (Draft opinion Harmonised rules on fair access to and use of data (Data Act))
- Draft Report on the implementation of the revised Audiovisual Media Services Directive (2022/2038(INI)) (P. Kammerevert, CULT)
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:
- Transport, Telecommunications and Energy Council (incl. AI, eID, Data Act, CRA), Monday, 5 and Tuesday, 6 December – Agenda, Background Brief;
- Economic and Financial Affairs Council (incl. Global Minimum Level of Taxation), Tuesday, 6 December, Agenda, A Items, A Items Addition 1;
- Justice and Home Affairs Council, (incl. CSAM), Thursday, 8 and Friday, 9 December – Agenda, A Items;
- Employment, Social Policy, Health and Consumer Affairs Council (incl. Platform Work), Thursday, 8 and Friday, 9 December – Agenda;
- Agriculture and Fisheries Council, Sunday, 11 and Monday, 12 December – Agenda, A Items;
Preparatory Bodies:
- Audiovisual and Media Working Party (incl. EMFA), Monday, 5 December;
- Working Party on Hybrid Threats, Monday, 5 December;
- Working Party on Competitiveness and Growth (Internal Market) (incl. SMEI, DSA), Tuesday, 6 December;
- Law Enforcement Working Party (Police), Tuesday, 6 December;
- Working Party on Consumer Protection and Information, Wednesday 7 December and Thursday, 8 December;
- Horizontal Working Party on Cyber Issues, Wednesday, 7 December and Freitag, 9 December;
- Working Party on Tax Questions (Indirect Taxation), Thursday, 8 December
- COREPER I (incl. Path to the Digital Decade), Wednesday, 7 and Saturday, 10 December;
- COREPER II ( e-Evidence, Resilience of Critical Infrastructure), Monday, 5 December and Wednesday, 7 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:
- VAT in the Digital Age
- Administrative cooperation in taxation (DAC8)
- Strengthening capital markets package
- -Listing Act
- -Review of the European market infrastructure Regulation (EMIR)
- -Initiative on harmonising certain aspects of substantive law on insolvency proceedings
- Equality package
- Recognition of parenthood between Member States
- Strengthening the role and independence of equality bodies
You can find the judicial calendar of the ECJ here.The ruling in case C-460/20 Google on the right to be forgotten is scheduled for Thursday.
European Parliament Committees
CW 49 / Monday, 5 to Thursday, 8 December: Political Group and Committee Meetings Week (Brussels);
LIBE Committee (Civil Liberties)
Current Meetings
- Monday, 5 December 2022, 15.00-17.30 (Brussels)
Excerpt from the Draft Agenda
The current agenda does not contain any topics of direct relevance to the Internet industry.
Further Meetings (Calendar)
- Thursday, 12 January 2023, 9.00-12.30 (Brussels)
JURI Committee (Legal Affairs)
Current Meetings
- Monday, 5 December, 20.30-21.30 (Brussels)
Excerpt from the Draft Agenda
The current agenda does not contain any topics of direct relevance to the Internet industry.
Further Meetings (Calendar)
- Monday, 9 January 2023, 15.00-18.30 (Brussels)
Dossiers Timetable (5 October 2022)
ITRE Committee (Industry)
Current Meetings
- Monday, 5 December, 16.00-18.30 (Brussels)
Excerpt from the Draft Agenda
…
- Exchange of views with Ms Annemarie Sipkes, BEREC Chair 2022, Mr Konstantinos Masselos, BEREC Chair 2023 and Mr László Ignéczi, Director of the Agency for Support for BEREC (The Body of European Regulators for Electronic Communications)
…
- Exchange of views with Ms Cristina Lobillo Borrero, Director of the Energy Platform Task Force, on the state of play of the Energy Charter Treaty and the way forward
…
Further Meetings (Calendar)
- 23/24 January 2023 (Brussels)
Dossiers Timetable (15 November 2022)
IMCO Committee (Internal Market)
Current Meetings
- Thursday, 8 December 2022, 14.00-17.30 (Brussels)
Excerpt from the Draft Agenda
…
- 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 AM – PE738.591v02-00 AM – PE738.594v01-00 AM – PE738.592v02-00 |
||
| 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 compromise amendments
- December 2022, 14.30 – 16.00
Public hearing
- Right to repair: Strengthening consumer rights and empowering consumers to use products longer
IMCO/9/10564
- Hearing
8 December 2022, 16.00 – 17.30
- Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
IMCO/9/08437
***I 2022/0051(COD) COM(2022)0071 – C9-0050/2022
| Rapporteur for the opinion: | |||
| Deirdre Clune (PPE) | PA – PE736.656v01-00 AM – PE738.518v01-00 AM – PE738.513v01-00 |
||
| Responsible: | |||
| JURI* | Lara Wolters (S&D) | PR – PE738.450v01-00 | |
- Consideration of compromise amendments
…
Further Meetings (Calendar)
- Monday, 12 December 2022, 19.00-21.00 (Strasbourg)
Dossiers Timetable (November 2022)
CULT Committee (Culture)
Current Meetings
- Monday, 5. December 2022, 16.00-18.00 (Brussels)
Excerpt from the Draft Agenda
The current agenda does not contain any topics of direct relevance to the Internet industry.
Further Meetings (Calendar)
- 23/24 January 2023 (Brussels)
PEGA Committee (Pegasus Committee of Inquiry)
Current Meetings
- Monday, 5 December 2022, 15.00-17.30 Brussels)
Excerpt from the Draft Agenda
…
- Presentation of study “The existing legal framework in EU Member States for the acquisition and use of Pegasus and equivalent surveillance spyware and on democratic and judicial oversight, and remedies and redress in case of use contrary to the legal frameworks: compatibility with ECHR and EU law and jurisprudence and best practices” by Quentin Liger and Mirja Gutheil of Asterisk Research and Analysis GmbH
…
Further Meetings
- Thursday, 15 December 2022, 9.00-12.00 (Strasbourg)
INGE2 Committee (Special Committee on Foreign Interference)
Current Meetings
- Thursday, 8 December 2022, 13.30-16.00 (Brussels)
Excerpt from the Draft Agenda
…
- Exchange of views with Josep Borrell, Vice-President of the European Commission/High Representative of the Union for Foreign Affairs and Security Policy
…
Further Meetings (Calendar)
- Open
Further Parliamentary Calendar Dates
- 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;
- CW 2 / Monday, 9 to Thursday, 12 January: Political Group and Committee Meetings Week (Brussels);
