25.05.2023

The View from Brussels #254

Highlights from the Past Week

CW 20 / Monday, 15 to Friday, 19. May: Green Week (no meetings);

CSAM I – EU COMMISSION REITERATES POSITION ON CHAT CONTROL: The regulation to fight child sexual abuse will not lead to general monitoring; this has been stressed by the Commission services in their legal analysis (PDF) from 16 May regarding the balance of fundamental rights.

This analysis is the Commission’s response to the assessment of the EU Council’s legal service, which has questioned the proportionality of orders to detect child sexual abuse.

In its analysis, the executive spells out its defence mode in detail, emphasising that specific services and content are the target of the orders, which are limited in time. It also considers that the planned system is not really affected by the restrictions established by the ECJ in the “La Quadrature du Net” case on data retention. The case law, “seen in their entirety and properly construed”, does not show any obvious violation of fundamental rights, the executive asserts. (see Contexte, Paywall, FR and Euractiv).

On Thursday and Friday, attachés will meet to continue discussions on the CSAM proposal. On Friday, ambassadors will meet at COREPER II to prepare for the Court of Justice on 8-9 June.

CSAM II – COUNCIL WANTS TO INCLUDE AUDIO COMMUNICATIONS: According to information from the Swedish Presidency (PDF), most Member States are in favour of expanding the scope of the proposal to tackle child sexual abuse material (CSAM) to cover audio communications. Including audio might have far-reaching implications, particularly given that it is, as of yet, undetermined whether this would also encompass phone calls. However, according to Euractiv, only three EU countries expressed support for extending the scope of the regulation in this direction. According to an EU official, the “clear majority” assessment is based on the discussions within the Law Enforcement Working Party. Still, a second official said there was no substantial discussion on the matter. (see Euractiv)

In parallel, Portugal proposes a two-step application: starting on 1 January 2024 with the risk analyses of online services, the establishment of the European Centre to tackle this abuse, and the preparation of the delegated acts; followed on 4 August 2024 – the day after the expiry of the temporary derogation – by the rest of the regulation to ensure the follow-up of the transition regime applied up to that point. (see Contexte, paywall, FR)

CSAM III – AMENDMENTS IN THE EP LIBE COMMITTEE: Last week saw the deadline for MEPs in the LIBE Committee to table amendments.

As expected, the Greens Group of the European Parliament wants to more strictly restrict the potential scanning of messages for child sexual abuse material. P. Breyer (DE) proposed on behalf of his political group to limit detection orders to detect images and videos child sexual abuse material uploaded or shared by one of more specific people, when there is “reasonable suspicion” they are committing an offence.

As part of his more than 400 amendments on the regulation to fight child sexual abuse material, Breyer also suggested to explicitly exclude undermining encryption and methods like client-side scanning. He also wants to remove provisions for app stores or messaging apps to verify the age of users.

Breyer proposed specific measures to limit possibilities for offenders to contact children or ask for help, such as asking user confirmation before allowing an unknown user to communicate with them, or providing prominent tools on a platform to seek help from a local hotline.

The Social-democrat negotiator Paul Tang, meanwhile, wants to limit detection orders to known sexual abuse, explicitly protect end-to-end encryption, and propose more specific measures to limit potential abuse online. “We need to come up with a positive way forward and not get stuck in a discussion on end-to-end encryption and chat control,” Tang said.  (see Politico Pro, paywall)

DATA ACT – PROTECTION OF TRADE SECRETS SHOULD NOT BE THE COMMON STANDARD: The European Commission is now open to introducing a mechanism for protecting trade secrets in the Data Act. However, this should remain the exception rather than the rule.

Parts of industry have been vehemently opposed to the draft law, arguing that, without the appropriate safeguards, the data-sharing obligations would inevitably undermine their competitiveness by forcing them to disclose commercially sensitive information.

These concerns found a sympathetic ear in the EU Council of Ministers, as the Member States have already introduced the principle that an organisation can refuse to disclose data if it can demonstrate that it would be likely to suffer serious economic harm as a result. However, the European Parliament is critical of the approach. (see Euractiv)

In its latest proposal (PDF), the Swedish Presidency proposes to limit B2G data sharing to non-personal data and restrict the cases that can justify mandatory disclosure, or to exempt small and micro enterprises.

PRIVACY – EDPS ADOPTS FINAL REPORT ON THE USE OF FACE RECOGNITION BY THE JUDICIARY: In its guidelines (PDF), the European Data Protection Supervisor (EDPS) opposes general mass surveillance. It reiterates that the use of facial recognition by law enforcement authorities must be necessary, limited and proportionate. This final version is the outcome of a consultation carried out a year ago. The changes made concern clarifications on human intervention, liability, and potential risks with regard to the presumption of innocence. The reference to effective supervision was added. (see Contexte, paywall, FR)

MEDIA FREEDOM – CULT AMENDMENTS PUBLISHED: The European Parliament’s Culture Committee has published over 1,000 amendments to the European Media Freedom Act (EMFA) (PDF): 278-507, 508-877, 878-1177, 1178-1354

TELECOMMUNICATIONS – COMMISSION EVALUATES PRICE LIMITS: The European Commission last week published its evaluation on price limits for mobile communications within the EU. The set maximum prices an operator can charge for a call or SMS from one EU country to another have not had a “significant negative impact” on providers, the report says. However, it went on to say that there was no guarantee that prices would not rise if the measures expired, as planned in May 2024, and would not be renewed.

Relevant Publications, including from the EP Think Tank:

A Selection of the EU Commission’s Consultations

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:

Preparatory Bodies:

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 non-legislative proposal on the metaverse has been postponed again, this time to 19 July. Meanwhile, the directive on tackling child abuse, which in a draft had been scheduled for 6 September, has now once again been removed from the preview.

The following topics are on the agenda for the coming week:

  • European Semester spring package
  • Investment package
    • Improving the retail investment framework
    • Retail investment strategy

The judicial calendar of the ECJ can be found here.

 

European Parliament Committees

CW 21 / Monday, 22 to Thursday, 25 May: Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

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

Excerpt from the Draft Agenda

23 May 2023, 9.00 – 9.45 
  1. Exchange of views with John Edwards, UK Information Commissioner, concerning the UK data protection reform
LIBE/9/11933
  • Exchange of views
23 May 2023, 11.00 – 12.00 
  1. Exchange of views with Helen Dixon, Irish Data Protection Commissioner, concerning TikTok and its compliance with EU law
LIBE/9/11936
  • Exchange of views

Further Meetings (Calendar)

  • Monday, 5 June 2023, 14.30-18.00 (Brussels)

 

JURI Committee (Legal Affairs)

Current Meetings

  • Tuesday, 23 May, 15.00-17.00 (Brussels)

Excerpt from the Draft Agenda

The current agenda does not contain any topics of direct relevance to the Internet industry.

Further Meetings (Calendar)

  • Tuesday, 30 May (Brussels)

Dossiers Timetable (15 May 2023)

 

ITRE Committee (Industry)

Current Meetings

  • Monday, 22 May, 15.00-18.30 (Brussels)
  • Tuesday, 23 May, 9.00-12.30 and 14.30-18.30 (Brussels)

Excerpt from the Draft Agenda

22 May 2023, 15.00 – 18.30
Public hearing
  1. Public Hearing on Critical Raw Materials
ITRE/9/11130
* See separate draft agenda
* * *
  1. Establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
ITRE/9/11590
***I 2023/0079(COD) COM(2023)0160 – C9-0061/2023
Rapporteur:
Nicola Beer (Renew)
Responsible:
ITRE
Opinions:
AFET
Miriam Lexmann (PPE)
DEVE
Hildegard Bentele (PPE)
INTA
Anna-Michelle Asimakopoulou (PPE)
BUDG
Decision: no opinion
ECON
(PPE)
ENVI
Jessica Polfjärd (PPE)
IMCO
Decision: no opinion
REGI
Franc Bogovič (PPE)
JURI
Decision: no opinion
  • Consideration of draft report
  • Deadline for tabling amendments: 25 May 2023, 12.00
  1. Implementation report on the EU-UK Trade and Cooperation Agreement
ITRE/9/10766
 2022/2188(INI)
Rapporteur for the opinion:
Dan Nica (S&D)
PA – PE746.840v01-00
Responsible:
AFET, INTA*
Seán Kelly (PPE)
Andreas Schieder (S&D)
  • Consideration of draft opinion
  • Deadline for tabling amendments: 24 May 2023, 12.00
23 May 2023, 10.00 – 12.30
*** Electronic vote ***
  1. 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*
  • Vote on the provisional agreement resulting from interinstitutional negotiations

Further Meetings (Calendar)

  • Monday, 12 June (Strasbourg)

Dossiers Timetable (PDF) (16 May 2023)

 

IMCO Committee (Internal Market)

Current Meetings

  • Monday, 22 May, 15.00-18.30 (Brussels)
  • Tuesday, 23 May, 9.00-12.30 and 14.30-18.30 (Brussels)

Excerpt from the Draft Agenda

22 May 2023, 15.00 – 18.30
  1. 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))
  1. Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
IMCO/9/10142
***I 2022/0277(COD) COM(2022)0457 – C9-0309/2022
Rapporteur for the opinion:
Geoffroy Didier (PPE)
PA – PE742.456v01-00
AM – PE746.660v01-00
AM – PE746.721v01-00
Responsible:
CULT*
Sabine Verheyen (PPE)
PR – PE746.655v02-00
AM – PE747.019v01-00
AM – PE747.025v01-00
AM – PE747.023v01-00
AM – PE747.024v01-00
AM – PE747.022v01-00
  • Consideration of amendments and compromise amendments
  1. Establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
IMCO/9/11582
***I 2023/0081(COD) COM(2023)0161 – C9-0062/2023
Rapporteur for the opinion:
Tom Vandenkendelaere (PPE)
Responsible:
ITRE
Christian Ehler (PPE)
  • Exchange of views
23 May 2023, 9.00 – 9.30
  1. Implementation report on the EU-UK Trade and Cooperation Agreement
IMCO/9/10767
 2022/2188(INI)
Rapporteur for the opinion:
Anna Cavazzini (Verts/ALE)
PA – PE745.450v01-00
Responsible:
AFET, INTA*
Seán Kelly (PPE)
Andreas Schieder (S&D)
  • Consideration of draft opinion
  • Deadline for tabling amendments:25 May 2023, 12.00
23 May 2023, 9.30 – 11.00
  1. 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
AM – PE746.662v01-00
Responsible:
ITRE*
Nicola Danti (Renew)
PR – PE745.538v01-00
AM – PE746.921v01-00
AM – PE746.920v01-00
  • Consideration of amendments
  1. 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)
PR – PE746.811v01-00
  • Consideration of compromise amendments

Further Meetings (Calendar)

  • Open

Dossiers Timetable (April 2023)

 

CULT Committee (Culture)

Current Meetings

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

Excerpt from the Draft Agenda

24 May 2023, 9.30 – 12.30
  1. Cultural diversity and the conditions for authors in the European music streaming market
CULT/9/11751
 2023/2054(INI)
Rapporteur:
Ibán García Del Blanco (S&D)
Responsible:
CULT
  • Exchange of views
  1. Virtual worlds  –  opportunities, risks and policy implications for the single market
CULT/9/10919
 2022/2198(INI)
Rapporteur for the opinion:
Laurence Farreng (Renew)
PA – PE746.918v01-00
Responsible:
IMCO
Pablo Arias Echeverría (PPE)
  • Consideration of draft opinion
* * *
24 May 2023, 15.00 – 18.30 
  1. Exchange of views with Commissioner Breton
  2. The future of the European book sector
CULT/9/11750
 2023/2053(INI)
Rapporteur:
Tomasz Frankowski (PPE)
PR – PE746.972v01-00
Responsible:
CULT
  • Consideration of draft report
* * *
25 May 2023, 9.00 – 10.00 
  1. Implementation of the 2018 Geo-blocking Regulation in the digital single market
CULT/9/11287
 2023/2019(INI)
Rapporteur for the opinion:
Sabine Verheyen (PPE)
PA – PE746.896v01-00
Responsible:
IMCO*
Beata Mazurek (ECR)
  • Consideration of draft opinion

Further Meetings (Calendar)

  • 28/29 June (Brussels)

 

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

  • Thursday, 25 May 2023, 14.30-18.00 (Brussels)

Excerpt from the Draft Agenda

  1. Hearing on “Election manipulation attempts (including in Africa as revealed by the “Team Jorge files”)” with:
    – Frédéric Métézeau, journalist, Radio France
    – Laurent Richard and Sandrine Rigaud, Director and Editor in-Chief, Forbidden Stories
    – Lee Morgenbesser, Associate Professor, School of Government and International Relations, Griffith University
    – Samson Itodo, Member of the Board of Advisers of IDEA, Institute for Democracy and Election Assistance

Further Meetings (Calendar)

  • Thursday, 25 May 2023, 14.30-18.00 (Brussels)

 

Further Parliamentary Calendar Dates

  • CW 22 / Tuesday, 30 May to Thursday, 1 June: Mini-Plenary Sessions Week (Brussels);
  • CW 23 / Monday, 5 to Thursday, 8 June: Political Group and Committee Meetings Week (Brussels);
  • CW 24 / Monday, 12 to Thursday, 15 June: Plenary Sessions Week (Strasbourg);
The View from Brussels 11 June 2018