The View from Brussels #250

Highlights from the Past Week

CW 16 / Monday, 17 to Thursday, 20 April: Plenary Sessions Week (Strasbourg);

CSAM – PUBLICATION OF EP REPORT: Last week saw the report from the Committee on Civil Liberties (LIBE) on the CSAM Regulation being leaked in the media. At the end of the week, the official version (PDF) of the 140-page document was also released by the Parliament. In this document, one of the factors that rapporteur J. Zarzalejos (EPP, ES) took on board was concerns about end-to-end encryption, upon which he made a proposal for voluntary measures. He has extended the scope to include search engines and artificial intelligence.

MEDIA FREEDOM – PUBLICATION OF AMENDMENTS TO EP REPORT: The IMCO Committee has published the amendments to the Media Freedom Act (173-421, 422-700 – PDF). In their proposed amendments, MEPs paid particular attention to the independence of the Commission’s prospective administrative board – the new regulatory body to be established on the basis of the act. Proposals were also made on the content removal provisions, regarded as a return of the DSA “media exemption” debate, with some lawmakers proposing to moderate the requirement that media services be notified before removal or blocking takes effect.

Meanwhile, the LIBE Committee released the draft opinion (PDF).

PRODUCT LIABILITY I – PUBLICATION OF DRAFT REPORT: The co-rapporteurs have published their draft report (PDF), in which they propose to “rebalance” the text in favour of manufacturers. In particular, the leading MEPs are opposed to a general reversal of the burden of proof for highly complex products such as AI systems. The procedure for gathering evidence has been sharpened and manufacturers have been given the possibility to request access to the claimant’s evidence. In a highly controversial move, data loss and corruption were removed from the definition of damage. In addition, the concept of defectiveness was narrowed down to the intended use of the product instead of “reasonably foreseeable use and misuse”. (see Euractiv)

PRODUCT LIABILITY II – GENERAL DIRECTION BY JUNE: The Swedish Presidency is on track to reach a general direction on the Product Liability Directive (PLD) by the end of June.

In a third compromise text, the Council has clarified that the new PLD will also cover software updates and AI systems with machine learning. Among other changes, the text includes a provision allowing Member States to adopt national rules that would make the manufacturers liable for defects causing damage that could not have been known due to the objective state of scientific or technical knowledge at the time the product was launched on the market – a circumstance excluded in the original proposal. (see Euractiv)

CYBERSECURITY I – COMMISSION LAUNCHES CYBER SOLIDARITY ACT: The EU Commission has launched its draft Cyber Solidarity Act, putting forward a proposal for boosting EU-wide cooperation against cyber threats. The legislation aims to create a Cyber Shield – a network of regional security operation centres to detect, prepare for and respond to imminent attacks – and a Cybersecurity Reserve – a collection of trusted private companies that can intervene in moments of crisis. However, the plans have already sparked controversy, with many governments concerned about potential intelligence and power-sharing liabilities. (see Euractiv or COM press release).

Feedback on the proposal is possible until 19 June.

CYBERSECURITY II – MORE INTENSE SCHEDULE FOR CYBER RESILIENCE ACT IN EP: After amendments were tabled on 27 April, the European Parliament is preparing for an intense round of technical meetings. According to an initial timetable, the rapporteur intends to circulate a first compromise on the whole text on 12 May in order to receive written feedback by 22 May. Seven technical meetings are subsequently planned before the shadow rapporteur meeting on 13 June. Six more technical sessions will pave the way for the final shadow rapporteurs’ meeting on 5 July. A final technical report is expected by the following day, in order to clean up the text before the ITRE Committee vote on 19 or 20 July. (see Euractiv)

CYBERSECURITY III – UNNECESSARY RISK VIA CYBER RESILIENCE ACT: A group of 12 open source foundations, led by the Eclipse Foundation, has published an open letter to the European Parliament and the European Council condemning the “unnecessary economic and technological risk” that the current draft of the Cyber Resilience Act will pose to the EU.

According to the letter, the community is under-represented in the legislation, despite the fact that open source software (OSS) represents more than 70 per cent of software present in products with digital elements in Europe. Its exclusion is seen to potentially undermine the EU’s own expressed goals for innovation, digital sovereignty and future prosperity. (see Politico Pro, paywall).

COPYRIGHT – LEAK OF PROPOSAL ON ONLINE PIRACY OF LIVE EVENTS: The Commission’s initiative on online piracy of live events will focus on effectively dealing with take-down requests, dynamic injunctions and voluntary cooperation. This is according to the draft recommendations (PDF) leaked by Politico Pro (paywall). Adoption of the text by the Commission is currently scheduled for 3 May.

ARTIFICIAL INTELLIGENCE – NEW POSTPONEMENT IN THE EP: Although the dossier is close to being finalised, on Wednesday the political session meant to certify an agreement was turned into a technical discussion on this part of the file. This led to a postponement of the vote originally scheduled for 26 April (to take part in the committee on 11 May, and in the plenary on 12 June). (see Euractiv)

Items still open for discussion include Annex III (list of high-risk AI systems), Article 5 (prohibited practices), General Purpose AI (GPAI), and the fundamental rights assessment.

CHIPS ACT – TRILOGUE SUCCESSFULLY CONCLUDED: The EU institutions have reached an agreement on the Chips Act. The Parliament prevailed on one of the most controversial negotiating points: the budget for research and innovation. The concept of “first of a kind” was expanded and the concept of a centre of excellence was added. The crisis management mechanism was largely taken over from the Parliament, in particular regarding the development of a long-term strategic inventory of supply chain vulnerabilities. Critical sectors were listed in the annex, with the Council having succeeded in excluding the automotive industry. Some safeguards for intellectual property rights resulting from participation in European projects were included. (see Euractiv or EP press release)

EPRIVACY – NO RESPONSE FROM THE COUNCIL: B. Sippel (S&D, DE) gave another update on the status of the dossier via Twitter. According to her update, the Swedish Presidency has still not replied to her letter of 6 March.

In this letter, she asked the Presidency to organise another trilogue to share its findings and to wrap up the negotiations. EP Rapporteur Sippel specifically urged that the next trilogue should be held either on 25 April or 10 May 2023.

The Commission could soon withdraw the proposal if no further action is taken on the matter. More information on the next steps could be announced in the coming weeks. (see EU Issue Tracker, paywall)

DIGITAL SERVICES ACT – EU CENTRE FOR ALGORITHMIC TRANSPARENCY OPENED: The EU Commission has opened a new research centre for algorithmic transparency (ECAT) in Seville, Spain. The centre will provide scientific and technological expertise to help the Commission implement its ambitious new digital rules, starting with the DSA. (see Euractiv)

GERMANY – INTERIOR MINISTRY UNYIELDING ON CSAM PROPOSAL: The German federal government is not rejecting measures to scan private communications at EU level, even though this had been included in the coalition agreement. This has emerged from the federal government’s joint position on the planned EU regulation, published by Netzpolitik (DE).

The German federal government has been arguing about the German position on chat control for almost a year. The FDP ministries have formulated red lines (DE) without which Germany cannot agree to the regulation. Recently, the German federal government agreed on a “common position”.

FRANCE – TAX ON MUSIC STREAMING IS BACK: In a long-awaited report, Senator J. Bargeton of E. Macron’s Renaissance Party has recommended imposing a levy on companies to fund the National Music Centre, a public body dedicated to promoting and examining the music sector.

The tax would target subscription-based services, but also advertising-based platforms, meaning that YouTube could fall within its scope alongside Spotify and Deezer. (see Politico Pro, paywall)

The Syndicat national de l’édition phonographique (Snep), which represents the major record companies, issued a statement on Friday 21 April railing against the Bargeton report, which they regard as “basing its recommendations on an incorrect analysis of the current dynamics of streaming and its players”.

Relevant Publications, including from the EP Think Tank:

• Plenary round-up – April 2023 (At a Glance)
• Research for CULT Committee – European Media Freedom Act – Background Analysis. (Study)
• Draft opinion on the proposal for a directive Establishing a common framework for media services in the internal market (European Media Freedom Act) – R. Strugariu, LIBE (PDF)
• Trilogy result on the proposal for a Directive on Energy Efficiency (EED) (PDF)

A Selection of the EU Commission’s Consultations

• Cyber Solidarity Act – Feedback on the Act: 20 April 2023 to 19 June 2023
• Radio equipment – change to the technical specifications for wired charging – Feedback on the delegated regulation: 12 April to 10 May 2023
• Virtual worlds (metaverses) – a vision for openness, safety and respect – Call for Evidence: 5 April to 3 May 2023
• Net Zero Industry Act – Feedback on the regulation: 20 March to 19 June 2023 (extended)
• European Critical Raw Materials Act – Feedback on the regulation: 20 March 2023 to 19 June 2023 (extended)
• High-speed broadband services in the EU – Review of the rules – Feedback on the regulation: 27 February to 16 May 2023
• The future of the electronic communications sector and its infrastructure – Consultation: 23 February to 19 May 2023
• New product priorities in Ecodesign for Sustainable Products – Call for Evidence: 31 January to 12 May 2023

Outlook for the Current Week

Here you will find a list of the upcoming dates of the European Parliament. 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:

• Foreign Affairs Council, Monday, 24 April – Agenda, A Items, A Items Addition, Background Brief;
• Agriculture and Fisheries Council, Tuesday, 25 March – Agenda, A Items;
• Informal Meeting of EU Economy and Finance Ministers, Friday, 28 and Saturday, 29 April – Programme;

Preparatory Bodies:

• Working Party on Cooperation in Criminal Matters (COPEN), Monday, 24 April (Agenda), Wednesday, 26 April (Agenda), Thursday, 27 April (Agenda);
• Working Party on Competitiveness and Growth (Industry) (incl. the Chips Act, Net Zero), Monday, 24 April (Agenda) and Thursday, 27 April (Agenda);
• Working Party on Telecommunications and Information Society (incl. GIA), Tuesday, 25 April;
• Working Party on Intellectual Property (Copyright) (u.a. Online Live Piracy), Tuesday, 25 April (Agenda);
• Working Party on Hybrid Threats, Tuesday, 25 April;
• Working Party on Competitiveness and Growth (Internal Market) (incl. SMEI), Wednesday, 26 April (Agenda);
• Law Enforcement Working Party (Police) (incl. CSAM), Thursday, 27 and Friday, 28 April (Agenda);
• Horizontal Working Party on Cyber Issues, Wednesday, 26 April (Agenda) and Friday, 28 April;
• COREPER I, Wednesday, 26 April and Friday, 28 April (Agenda);
• COREPER II, Wednesday, 26 April (Agenda);

Information about the weekly Commission meeting can be found on the website of the Commission in the preview (PDF) or (at short notice) in the current agenda. The recommendation on piracy in online live sporting events has been postponed to 3 May.

The following topics are on the agenda for this week:

• Patent package
  • Compulsory licensing of patents
  • Standard essential patents
  • Revision of the legislation on supplementary protection certificates
• Customs reform
• Pharmaceutical package
  • Revision of the pharmaceutical legislation
  • Revision of the EU legislation on medicines for children and rare diseases
  • Council Recommendation on stepping up EU actions to combat antimicrobial resistance in a one health approach

The judicial calendar of the ECJ can be found here.

European Parliament Committees

CW 17 / Monday, 24 to Thursday, 27 April: Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

• Tuesday, 25 April, 11.00-12.30 (with FEMM, Brussels)
• Wednesday, 26 April, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 27April, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

26 April 2023, 9.00 – 9.45

…

4. The Annual Report 2022 of the European Data Protection Supervisor (EDPS)

LIBE/9/117

Presentation

26 April 2023, 9.45 – 10.15

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

LIBE/9/09061

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

 

Rapporteur:
	Javier Zarzalejos (PPE)	PR – PE746.811v01-00
Responsible:
	LIBE*
Opinions:
	BUDG	Niclas Herbst (PPE)	PA – PE740.759v02-00 AM – PE745.269v02-00
	IMCO*	Alex Agius Saliba (S&D)	PA – PE740.727v01-00 AM – PE745.220v01-00 AM – PE745.291v01-00
	CULT	Niyazi Kizilyürek (The Left)	AD – PE737.365v02-00 AM – PE739.506v01-00
	FEMM	Heléne Fritzon (S&D)	PA – PE746.640v02-00

• Consideration of draft report

26 April 2023, 10.15 – 10.45

6. Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU

LIBE/9/10143

***I           2022/0277(COD)            COM(2022)0457 – C9-0309/2022

 

Rapporteur for the opinion:
	Ramona Strugariu (Renew)	PA – PE746.757v01-00
Responsible:
	CULT*	Sabine Verheyen (PPE)	PR – PE746.655v02-00

• Consideration of draft opinion

Further Meetings (Calendar)

• Monday, 22 May, 14.30-18.00 (Brussels)
• Tuesday, 23 Mai, 9.00-12.30 and 14.30-18.30 (Brussels)

JURI Committee (Legal Affairs)

Current Meetings

• Monday, 24 April, 15.00-18.30 (Brussels)
• Tuesday, 25 April, 9.00-12.30 and 14.30-18.30 (Brussels)
• Wednesday, 26 April, 14.30-15.30 (with IMCO, Brussels)

Excerpt from the Draft Agenda

 

24 April 2023, 15.00 – 16.00

…

4. Exchange of views in the context of structured dialogue with Maroš Šefčovič, Commissioner for Interinstitutional Relations and Foresight

…

24 April 2023, 16.30 – 18.30

7. Hearing on Regulatory challenges of the Metaverse

25 April 2023, 9.00 – 10.00

8. Exchange of views in the context of structured dialogue with Johannes Hahn, Commissioner for Budget and Administration

…

25 April 2023, 16.00 – 17.00

26. Exchange of views in the context of structured dialogue with Věra Jourová, Vice-President for Values and Transparency

…

Further Meetings (Calendar)

 

• Tuesday, 30 May (Brussels)

Dossiers Timetable (22 March 2023)

 

ITRE Committee (Industry)

Current Meetings

• Monday, 24 April, 15.00-18.30 (Brussels)
• Tuesday, 25 April, 9.00-12.30 and 14.30-18.30 (Brussels)

Excerpt from the Draft Agenda

 

…

25 April 2023, 10.00 – 12.30

7. Establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)

ITRE/9/08359

***I 2022/0032(COD) COM(2022)0046 – C9-0039/2022

 

Rapporteur:
	Dan Nica (S&D)
Responsible:
	ITRE*
Opinions:
	INTA, BUDG, ECON, IMCO*, JURI*

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

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

ITRE/9/08515

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

 

Rapporteur:
	Pilar del Castillo Vera (PPE)
Responsible:
	ITRE*
Opinions:
	IMCO*, JURI*, LIBE*

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

9. 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*
Opinions:
	DEVE, ENVI*, IMCO, TRAN, REGI, AGRI, PETI

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

*** Electronic vote ***

*** Votes at approximately 10.00 in physical presence only ***

10. Energy efficiency (recast)

ITRE/9/06937

***I 2021/0203(COD) COM(2021)0558 – C9-0330/2021

 

Rapporteur:
	Niels Fuglsang (S&D)
Responsible:
	ITRE

• Vote on the provisional agreement resulting from interinstitutional negotiations

…

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

ITRE/9/10122

***I 2022/0272(COD) COM(2022)0454 – C9-0308/2022

 

Rapporteur:
	Nicola Danti (Renew)		PR – PE745.538v01-00
Responsible:
	ITRE*
Opinions:
	IMCO*	Morten Løkkegaard (Renew)	PA – PE742.490v01-00
	LIBE*

• Consideration of draft report
• Deadline for tabling amendments:27 April 2023, 12.00

…

16. Structured dialogue with Mr Johannes Hahn, Commissioner for Budget and Administration
17. Presentation by the Commission on the 2022 implementation report on the Trade and Cooperation Agreement between United Kingdon and European Union

…

Further Meetings (Calendar)

• Monday, 22 May (Brussels)
• Tuesday, 23. May (Brussels)

Dossiers Timetable (18 April 2023)

IMCO Committee (Internal Market)

Current Meetings

• Monday, 24 April, 15.00-30 (Brussels)
• Tuesday, 25 April, 9.00-30 and 14.30-18.30 (Brussels)
• Wednesday, 26 April, 14.30-15.30 (with JURI, Brussels)
• Wednesday, 26 April, 17.30-18.30 (with INTA, Brussels)

Excerpt from the Draft Agenda (PDF)

 

…

Report on ongoing interinstitutional negotiations

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))

…

6. 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)

Responsible: ITRE* Dan Nica (S&D)

* Reporting back to committee on the negotiations

7. 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)

Responsible: ITRE* Pilar del Castillo Vera (PPE)

* Reporting back to committee on the negotiations

—-

8. Structured dialogue with Didier Reynders, Commissioner for Justice

IMCO/9/11663

• Exchange of views

…

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

IMCO/9/10123 ***I 2022/0272(COD) COM(2022)0454 – C9-0308/2022

Rapporteur for the opinion: Morten Løkkegaard (Renew) PA – PE742.490v01-00

Responsible: ITRE Nicola Danti (Renew) PR – PE745.538v01-00

• Consideration of draft opinion
• Deadline for tabling amendments: 26 April 2023, 18.00

Public hearing

14. Modernising the regulation of online platforms intermediating short-term accommodation rental services

IMCO/9/11666

• Hearing

…

18. 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 AM – PE745.220v01-00 AM – PE745.291v01-00

Responsible: LIBE* Javier Zarzalejos (PPE)

• Consideration of amendments

…

25 April 2023, 16.00 – 17.30

20. Structured dialogue with Paolo Gentiloni, Commissioner for Economy

IMCO/9/11664

• Exchange of views

…

Further Meetings (Calendar)

• Monday, 22 May, 15.00-30 (Brussels)
• Tuesday, 23 May, 9.00-30 and 14.30-18.30 (Brussels)

Dossiers Timetable (March 2023)

CULT Committee (Culture)

Current Meetings

• Wednesday, 26 April, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 27 April, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

…

4. Policy Department background analysis on the European Media Freedom Act and a Q&A session with the expert
5. Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU

CULT/9/10141

***I 2022/0277(COD) COM(2022)0457 – C9-0309/2022

 

Rapporteur:
	Sabine Verheyen (PPE)		PR – PE746.655v01-00
Responsible:
	CULT*
Opinions:
	IMCO*	Geoffroy Didier (PPE)	PA – PE742.456v01-00 AM – PE746.660v01-00 AM – PE746.721v01-00
	LIBE*	Ramona Strugariu (Renew)

• Consideration of draft report

…

Further Meetings (Calendar)

• Wednesday, 24 May, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 25 May, 9.00-12.30 (Brussels)

PEGA Committee (Pegasus Committee of Inquiry)

Current Meetings

• None

Further Meetings

• Monday, 8 May, 19.00-21.00 (Strasbourg)

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

• Wednesday, 26 April, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

…

3. Foreign interference in all democratic processes in the European Union, including disinformation

ING2/9/09468

2022/2075(INI)

 

Rapporteur:
	Sandra Kalniete (PPE)		PR – PE736.601v02-00 AM – PE742.363v01-00 AM – PE739.701v01-00 AM – PE742.364v01-00
Responsible:
	ING2

• Adoption of draft report

*** End of vote ***

4. Exchange of views on “Doppelganger – Media Clones Serving Russian Propaganda”, with Alexandre Alaphilippe, Executive Director, EU DisinfoLab

…

Further Meetings (Calendar)

• Open

Further Parliamentary Calendar Dates

• CW 18 / Tuesday, 2 to Thursday, 4 May: Political Group and Committee Meetings Week (Brussels);
• CW 19 / Monday, 8 to Thursday, 11 April: Plenary Sessions Week (Strasbourg);
• CW 20 / Monday, 15 to Friday, 19 April: Green Week (no meetings);