Highlights from the Past Week

CW 8 / Monday, 20 to Friday, 24 February: Green Week (no meetings);

INFRASTRUCTURE – EU COMMISSION LAUNCHES A CONSULTATION, A RECOMMENDATION AND AN ACT: The European Commission last week presented the expected gigabit strategy, outlining its proposals for high-capacity Internet connectivity by 2025 and gigabit connectivity by 2030. (see press release COM)

The package consists of three sections:

First, the Commission has adopted a proposal for a “Gigabit Infrastructure Act,” a regulation that will forward new rules to enable faster, cheaper and more effective rollout of Gigabit networks across the EU.

Second, it has published a draft Gigabit Recommendation, which seeks to provide guidance to National Regulatory Authorities on the conditions of access to telecom networks of operators with significant market power, in order to incentivise faster switch-off of legacy technologies and accelerated gigabit networks deployment.

Third, the Commission has launched an exploratory consultation on the future of the connectivity sector and its infrastructure to take place by May 19, to gather views on how increasing demands for connectivity and further technological advances may affect the future developments and needs.

CSAM – COUNCIL COMPROMISE WITH MORE FLEXIBILITY FOR ENFORCEMENT: More discretion for Member States in enforcement and changes to blocking and removal orders and reporting requirements are among the changes included in the Council’s recent compromise text on the proposal to combat child sexual abuse material (CSAM). The document was circulated ahead of a discussion held last week by national representatives and responds to national governments’ request for more flexibility. (see Euractiv)

A Commission-funded project (IWF, UK) beginning next month seeks to develop a machine-learning tool to detect and block child sexual abuse material on devices in real time. The tool will be trialled on a voluntary basis by those who consider themselves at risk of viewing such content online, and will strive to lessen survivors’ fears of re-victimization (see Euractiv)

DATA ACT – ENDORSEMENT BY COUNCIL IN HAND: A year ago, the EU Commission presented the Data Act. On Tuesday, the telecom attachés in the EU Council will discuss the fifth draft of their position (PDF). It is very likely that it will be the final debate.

The Swedish presidency has conceded to some industry concerns and included a new exception on trade secrets in the text. Only minor changes were made to the most controversial chapters (Chapter 5 on the exchange of data between companies and governments and Chapter 7 on unlawful third party access to non-personal data). (see Euractiv)

The Parliament’s leading industry committee (ITRE) already adopted its position earlier this month. A full plenary consideration will follow at the next Strasbourg session, with a debate now scheduled for Tuesday, March 14, according to a new draft agenda (PDF). Deputy ambassadors of EU Member States are expected to give their stamp of approval to the Council’s position around the same time.

This will open the door for negotiations on a final text in the trilogue, thus raising the prospect of a compromise before the end of the year. (see Politico Pro, paywall)

DATA PROTECTION I – EDPB ADOPTS “DARK PATTERNS” RECOMMENDATION: The European Data Protection Board have published “Guidelines on deceptive design patterns in social media platform interfaces” (PDF). They provide recommendations for platforms, designers and platform users on how to assess and avoid misleading practices that violate the GDPR. The guidelines are the outcome of a public consultation launched a year ago. In contrast to the earlier draft text, this text includes a new annex which lists (non-exhaustive) best practices. It also clarifies how these can be taken into account at the drafting stage.

DATA PROTECTION II – EDPB SPELLS OUT “TRANSFER” UNDER THE GDPR: Last week, the European Data Protection Board published “Guidelines on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR” (PDF). These are intended to compensate for the lack of a legal definition in the General Data Protection Regulation (GDPR). They identify three cumulative criteria: subject to the scope of the GDPR, making personal data available, and the export to a third country or an international organisation.

MEDIA – MEDIA LITERACY GUIDELINES: The EU Commission published its Media Literacy Guidelines last week. The published guidelines are intended to help Member States report on relevant actions under Article 33a(3) of the Audiovisual Media Services Directive. The guidelines also aim to help Member States to share best practices on media literacy. (see EU Commission)

GERMANY – INTERIOR MINISTRY TAKES A STAND ON CSAM: The German Federal Ministry of the Interior (BMI) opposes so-called chat control and a dilution of end-to-end encryption, also in the fight against the dissemination of child sexual abuse material (CSAM). This emerges from a draft of the German Federal Ministry of the Interior (BMI) for a German federal government statement on the corresponding plans of the EU Commission. The German Federal Ministry of the Interior (BMI), which bears responsibility for the matter, is thus approaching the FDP-led departments, which had already called for a rejection of these technologies last year. The opposition in the draft also includes client-side scanning. (see Tagesspiegel Background, paywall – DE)

USA – PROCEEDINGS ON INTERMEDIATE LIABILITY AT SUPREME COURT: The U.S. Supreme Court heard oral arguments last Tuesday and Wednesday in the cases of Gonzalez v. Google and Twitter v. Taamneh. In both cases, supporters of Section 230 are cautiously optimistic. (see APNews on Gonzalez and APNews on Twitter).

However, the more than five hours of oral arguments heard by the Court over two days last week represent only one phase of the proceedings. In the past, the Supreme Court has repeatedly issued rulings that differ from what was highlighted or discussed by the judges during oral arguments. The final outcome, expected in June 2023, depends on the judges’ closed-door deliberations and whether at least five of them are able to agree on a ruling in each case.

Relevant Publications, including from the EP Think Tank:

• Safeguarding media freedom and pluralism in the internal market (Media Freedom Act) – Briefing

A Selection of the EU Commission’s Consultations

• Further specifying procedural rules relating to the enforcement of the General Data Protection Regulation – Call for evidence: 24 February to 24 March 2023
• The future of the electronic communications sector and its infrastructure – Consultation: 23 February to 19 May 2023
• Digital Services Act – implementing regulation – Feedback on the draft implementing regulation: 16 February to 16 March 2023
• 2023 Strategic Foresight Report – Call for evidence: 13 February to 13 March 2023
• New product priorities for Ecodesign for Sustainable Products – Call for evidence, 31 January to 12 May 2023
• VAT in the digital age – Feedback on the regulation: 8 December 2022 to 4 April 2023

Outlook for the Current Week

You can find a list of the upcoming dates of the European Parliament here. The meeting calendar for 2023 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.

The official calendar as well as the programme of the Swedish Presidency can be found on the associated website.

Included among the Council dates are:

Summits and Ministerial Meetings:

• Informal Meeting of Telecommunications, Transport, Energy Ministers, Monday, 28 and Tuesday, 29 February – Programme, Background Transport, Background Energy;
• Competitiveness Council (Internal Market and Industry), Thursday, 2 March – Agenda, A Items;

Preparatory Bodies:

• Working Party on Competitiveness and Growth (Industry) (incl. Chips Act), Monday, 27 February (Agenda);
• Working Party on Cooperation in Criminal Matters (COPEN) (incl. e-Evidence), Monday, 27 February (Agenda), Thursday, 2 March (Agenda) and Friday, 3 March (Agenda);
• Working Party on Telecommunications and Information Society ( Data Act), Tuesday, 28 February, Agenda;
• Working Party on Competitiveness and Growth (Internal Market) (incl. Ecodesign), Tuesday, 28 February (Agenda);
• Working Party on Tax Questions (Indirect Taxation) ( VAT in the Digital Age), Tuesday, 28 February (Agenda),
• Horizontal Working Party on Cyber Issues, Wednesday, 1 March and Friday, 3 March;
• Audiovisual and Media Working Party (incl. EMFA), Friday, 3 March (Agenda);
• COREPER I ( Chips Act, RED, EED), Wednesday, 1 and Friday 3 March;
• COREPER II, Wednesday, 1 March;

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. On 26 April, the recommendation on tackling online piracy of live sporting events is expected.

The following topic is on the agenda for the coming week:

• Road safety package

You can find the judicial calendar of the ECJ here.

European Parliament Committees

CW 9 / Monday, 27 February to Thursday, 2 March: Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

• Wednesday, 1 March, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 2 March, 9.00-12.30 and 14.30-17.30 (Brussels)

Excerpt from the Draft Agenda

…

1 March 2023, 10.45 – 11.55

EU-US Data Privacy Framework

4. The adequacy of the protection afforded by the EU-U.S. Data Privacy Framework

LIBE/9/11048

2023/2501(RSP)

 

Rapporteur:
	Juan Fernando López Aguilar (S&D)		RD – PE740.749v01-00
Responsible:
	LIBE

• Consideration of draft motion for a resolution
• Deadline for tabling amendments:9 March 2023, 12.00

5. Opinion of the European Data Protection Board on the EU-U.S. Data Privacy Framework

LIBE/9/11291

• Presentation by Andrea Jelinek, Chair of the European Data Protection Board

1 March 2023, 11.55 – 12.15

*** Electronic vote ***

…

7. Laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union

LIBE/9/08709

***I 2022/0085(COD) COM(2022)0122 – C9-0122/2022

 

Rapporteur for the opinion:
	Tomas Tobé (PPE)		PA – PE739.801v01-00 AM – PE740.795v01-00
Responsible:
	ITRE*	Henna Virkkunen (PPE)	PR – PE737.231v01-00 AM – PE738.403v01-00

• Adoption of draft opinion

…

Further Meetings (Calendar)

• Wednesday, 22 March, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 23 March, 9.00-12.30 (Brussels)

JURI Committee (Legal Affairs)

Current Meetings

• Monday, 27 February, 15.00-17.30 (Brussels)
• Tuesday, 28 February, 9.00-12.30 and 14.30-18.30 (Brussels)

Excerpt from the Draft Agenda

…

28 February 2023, 9.00 – 10.15

7. Exchange of views with Didier Reynders, Commissioner for Justice, in the framework of the structured dialogue

…

28 February 2023, 16.00 – 17.00

20. Exchange of views on the priorities of the Swedish Presidency with Minister of Justice Gunnar Strömmer

…

Further Meetings (Calendar)

• Monday, 20 March, 15.00-18.30 (Brussels)
• Tuesday, 21 March, 9.00-12.30 and 14.30-18.30 (Brussels)

Dossiers Timetable (2 February 2023)

ITRE Committee (Industry)

Current Meetings

• None

Further Meetings (Calendar)

• Thursday, 9 March (Brussels)

Dossiers Timetable (16 February 2023)

IMCO Committee (Internal Market)

Current Meetings

• Wednesday, 1 March, 9.00-30 and 14.30-18.30 (Brussels)
• Thursday, 2 March, 9.00-30 (Brussels)

Excerpt from the Draft Agenda

 

1 March 2023, 9.00 – 12.30

…

Report on ongoing interinstitutional negotiations and missions

4. Transparency and targeting of political advertising

IMCO/9/07812

***I 2021/0381(COD) COM(2021)0731 – C9-0433/2021

 

Rapporteur:
	Sandro Gozi (Renew)
Responsible:
	IMCO*

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

5. Working group on the implementation of the Digital Markets Act (DMA)
   * Reporting back to committee by Andreas Schwab (PPE), Chair of the Working group

…

11. Horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020

IMCO/9/10123

 

Rapporteur for the opinion:
	Morten Løkkegaard (Renew)

• Presentation of the proposal for a regulation by the Commission

1 March 2023, 15.00 – 17.30 

12. Structured dialogue with Mr Thierry Breton, Commissioner for Internal Market

IMCO/9/11274

• Exchange of views

…

2 March 2023, 9.30 – 11.30

*** Electronic vote ***

…

18. Implementation of the Audiovisual Media Services Directive

IMCO/9/08914

2022/2038(INI)

 

Rapporteur for the opinion:
	Marc Angel (S&D)		PA – PE734.307v01-00 AM – PE738.445v01-00
Responsible:
	CULT	Petra Kammerevert (S&D)	PR – PE738.565v02-00 AM – PE740.672v01-00

• Adoption of draft opinion

…

*** End of electronic vote ***

21. Laying down rules to prevent and combat child sexual abuse

IMCO/9/09064

***I 2022/0155(COD) COM(2022)0209 – C9-0174/2022

 

Rapporteur for the opinion:
	Alex Agius Saliba (S&D)		PA – PE740.727v01-00
Responsible:
	LIBE	Javier Zarzalejos (PPE)

• Consideration of draft opinion
• Deadline for tabling amendments: 7 March 2023, 12.00

…

Further Meetings (Calendar)

• Monday, 27 March, 15.00-30 (Brussels)
• Tuesday, 28 March, 9.00-30 and 14.30-18.30 (Brussels)

Dossiers Timetable (January 2023)

 

CULT Committee (Culture)

Current Meetings

• Wednesday, 1 March, 9.00-12.30 and 15.00-17.30 (Brussels)

Excerpt from the Draft Agenda

1 March 2023, 9.00 – 12.30

…

6. Workshop of the department on the topic “Influence of social media on the children and young people’s development”

…

Further Meetings (Calendar)

• Monday, 27 March, 14.30-18.30 (Brussels)
• Tuesday, 28 March, 9.00-12.30 and 14.30-18.30 (Brussels)

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

• Tuesday, 28 February, 9.00-12.30 and 15.00-18.30 (Brussels)

Excerpt from the Draft Agenda

 

28/02/2023, 9:00-10:30

Exchange of views with Konstantinos Menoudakos, President of the Hellenic Data Protection Authority and Christos Rammos, President of Hellenic Authority for Communication Security and Privacy

28/02/2023, 10:30-12:00

Exchange of views with Michael O’Flaherty, Director of the EU Agency for Fundamental Rights

Further Meetings

• Thursday, 9 March, 9.00-12.30 (Brussels)
• Thursday, 16 March, 9.00-12.00 (Strasbourg)

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

• Tuesday, 28 February, 14.00-18.00 (Brussels)

Excerpt from the Draft Agenda

…

4. Mission report following the mission to the United Nations in New York City (United States) from 31 October to 3 November 2022 (PE738.495v01-00)

* * *

In association with the Committee on the Internal Market and Consumer Protection (IMCO)

5. Exchange of views on “Setting Global Standards to Protect the Integrity of Information”, with:– Melissa Fleming, Under-Secretary-General for Global Communications, United Nations- Guilherme Canela Godoi, Chief of Section of Freedom of Expression and Safety of Journalists, Communication and Information Sector, United Nations Educational, Scientific and Cultural Organization (UNESCO)- Richard Gowan, Director for UN relations, International Crisis Group

   – Clare Melford, Co-founder and CEO, and Richard Woods, International Policy Director, The Global Disinformation Index

* * *

In association with the Committee on the Environment, Public Health and Food Safety (ENVI) and the Panel for the Future of Science and Technology (STOA)

6. Hearing on “Climate change disinformation – International disinformation impact on the EU’s climate goals”, with:– Jon Roozenbeek, Postdoctoral Fellow, Department of Psychology, University of Cambridge- Jennie King, Head of Climate Research and Policy, Institute for Strategic Dialogue- John Cook, Climate Change Communication Research Hub, Monash University

…

Further Meetings (Calendar)

• Tuesday, 21 March, 9.00-12.30 (Brussels)

Further Parliamentary Calendar Dates

• CW 10 / Monday, 6 to Thursday, 9 March: Political Group and Committee Meetings Week (Brussels);
• CW 11 / Monday, 13 to Thursday, 16 March: Plenary Sessions Week (Strasbourg);
• CW 12 / Monday, 20 to Thursday, 23 March: Committee Meetings Week (Brussels);