The View from Brussels #259

Highlights from the Past Week

CW 25 / Monday, 19 to Thursday, 22 June: Green Week (no meetings);

E-EVIDENCE – SEVERAL MEMBER STATES COMMENCE OUTCOME OF NEGOTIATIONS: The European Parliament confirmed the outcome of the negotiations on the e-Evidence Regulation in its last plenary session. The Council is expected to act on this at its next meeting (27 June). Prior to the confirmation in COREPER, and following on from statements from Hungary and Finland, Germany, Croatia and Poland also issued statements (PDF) on the trilogue outcome achieved in the e-Evidence negotiations

Germany expressed dissatisfaction on three points: (i) the recitals on the grounds for refusal, as they considered these to be unclear; (ii) the perceived restrictions in Article 18; and (iii) the claimed unclear wording in Recital 53 regarding the interpretation of the residence criterion.

Poland supported Hungary’s position and expressed its dissatisfaction with the amendments adopted on the initiative of the European Parliament introducing references to Article 7(1) TEU. As a result, Poland opposed the adoption of the draft regulation. (see EU Issue Tracker, paywall)

ARTIFICIAL INTELLIGENCE – TIMETABLE FOR NEGOTIATIONS: The first “substantive” political trilogue on the AI rulebook will take place on 18 July, when co-rapporteur B. Benifei aims to propose anticipating the obligations for foundation models or generative AI. The idea is to close the parts on notified bodies, standards, conformity assessment, transparency and innovation before the summer break. The other two official trilogues are planned on 26 September and 26 October, with two backup ones also scheduled. (see Euractiv)

INFRASTRUCTURE – EP RAPPORTEUR PROVIDES ADVICE ON GIGABIT INFRASTRUCTURE ACT: The EU Parliament’s rapporteur on the Gigabit Infrastructure Act (GIA) has proposed abolishing fees for intra-EU calls and further harmonising provisions on broadband rollout. In anticipation of the publication of his draft report on the GIA, MEP A. Mituţa (Renew, ROME) spoke in an interview about his legislative priorities on the issue, stressing that he wants to maintain the same overall structure of the Commission’s original proposal. (see Euractiv)

CYBERSECURITY – COMPROMISE AMENDMENTS IN THE EP: Politico Pro (paywall) has reported on an 8 June compromise draft on the Cyber Resilience Act (CRA). The compromise does not entail the final version of the negotiations, but provides an initial insight.

For example, it shows where the committee is heading when it comes to the distinction between “products” and “components” and the general leniency granted to manufacturers.

Before the adoption of the regulation, the term “product”, for instance, has been replaced in the text by “component” related to “spare parts” for end products placed on the market. In addition, the regulation does not apply to components manufactured solely as spare parts to replace defective parts in products, which could be a sticking point for some legislators with stricter views on technical security.

Once the act enters into force, manufacturers will have 12 months to obtain the required European cybersecurity certification. In his report, the rapporteur, N. Danti (S&D, ITA) proposed 40 months for the implementation of the act.

In case of a compromise, a manufacturer may have to provide security updates for a period longer than the expected product lifespan.

in his original parliamentary report, Danti proposed that a new group be established to decide which products are critical. The compromises state that the group must be appointed by the European Commission, and that a statement of its interests, a summary of its meetings and other relevant documents must be published on the Commission’s website. (see Politico Pro, paywall)

PRIVACY – EU MAKES COMMITMENTS TO COMBAT COOKIE FATIGUE: The European Commission has circulated some initial pledges as part of its voluntary initiative to combat “cookie fatigue”. Last week, notes that emerged from a stakeholder roundtable held in April containing the draft commitments were circulated to participants in three working groups. Just five working days have been allotted to the working groups to submit their contributions. The pledges cover information for consumers, alternatives to tracking-based, and solutions without non-tracking. (see Euractiv)

DIGITAL SERVICES ACT – COMMISSION ADOPTS AND PUBLISHES IMPLEMENTING REGULATION AND DATABASE CONSULTATION: The European Commission has adopted and published an implementing regulation to the provisions of the Digital Services Act (DSA) concerning the actions of the Commission. This deals in particular with the procedure for certain aspects of the EU Executive’s investigative and enforcement powers, hearings and negotiated disclosure of information.

In addition, the Commission has launched a public consultation on those DSA provisions that require the Commission to establish and maintain a transparency database on the content moderation decisions of platforms. Platforms will be requested to submit explanations once the database is in place to allow for “near real-time” updates. The deadline for submitting statements is 17 July.

EIDAS – NEGOTIATIONS CLOSE TO COMPLETION: A political agreement on the European Digital Identity could be reached as early as the coming Wednesday. COREPER is then expected to adopt the renewed mandate of the Swedish Presidency in the morning, while the possible final trilogue will take place in the afternoon. To support this, the Commission has prepared a document with possible compromises (PDF via Politico Pro, paywall).

The open questions mainly related to the wallet, notably concerning whether it should be free for use, the unique identifier, and the level of assurance. (see Euractiv)

CHILD ABUSE I – SWEDEN HANDS OVER THE BATON, PARLIAMENT NEGOTIATES COMPROMISE: The Swedes have definitively handed over the baton to the Spaniards on the draft law on Child Sexual Abuse Material (CSAM). Disagreements continue, as the likes of the Netherlands, Finland, Poland and Ireland would like to see grooming and new CSAM out of the scope of the detection orders. Now that Sweden can leave the neutral position, Stockholm might become more critical of the proposal.

Next up on the agenda for MEPs in Parliament are the provisions on risk assessment, risk mitigation, risk reporting and detection orders. Agreements can be expected on risk assessment, but there are disagreements on nearly every other part of the file. (see Euractiv)

CHILD ABUSE II – NATIONAL MEPS EXPRESS CRITIQUE ON CHAT CONTROL: Several MEPs from EU countries have expressed critique on the European Commission’s plans for so-called “chat control”. In a written declaration, initiated by the German Konstantin Kuhle (FDP), more than 30 signatories state that combatting sexual abuse of children is also a high priority for them. However, in their view, the proposal formulated by the Commission would compel service providers to check content via software, would break end-to-end encryption and would result in the scanning of personal cloud storages.

On the website of the Parliamentary Assembly of the Council of Europe, every member has the opportunity to sign a written declaration that is posted there.

MEDIA FREEDOM I – EU COUNCIL AGREES ON NEGOTIATING POSITION: The Council agreed last week at COREPER level on a mandate for negotiations (PDF) on the Media Freedom Act (EMFA). However, the trilogues can only start once Parliament has agreed on its position (which will probably take place in the autumn).

In the run-up to the agreement, the Swedish Presidency has circulated a final text on the proposal. This contains some important changes that are intended to strengthen the independence of the body. This is strongly advocated by Portugal in particular, who, nonetheless, regrets that the Commission retains a right of veto over the invitation of independent experts. The Presidency has also not included the principle of comparability of audience measurement systems, which some feel could lead to too much discretion for the Big Tech providers. France’s controversial national security exemption was retained. (see Euractiv, Council press release)

MEDIA FREEDOM II – PARLIAMENT WANTS TO FIND COMPROMISES BEFORE THE SUMMER BREAK: The last few weeks have seen intensive negotiations in the Culture Committee on the European Media Freedom Act (EMFA). The rapporteur, S Verheyen (EPP, DEU), hopes to have a negotiating mandate in the Culture Committee on 7 September, to be voted on in the first plenary session in October. For this to happen, the compromise amendments must be finalised by 21 July.

Until then, several meetings of the shadow rapporteurs are planned, with the next one to take place on Monday, 26 June. According to parliamentary sources, despite the pressure of the deadlines, the discussions are currently proceeding at a slow speed. Only the first articles have been discussed, without definitions (Article 2), while the most difficult points – including the media’s right to see how their content is moderated by platforms (Article 17), or European control of national measures (Article 20) – will be addressed at the end of the talks. (see Contexte, paywall, FR)

FRANCE – LEGISLATORS AGREE ON AGE VERIFICATION: The French Senate and National Assembly last week agreed on a joint version of an act requiring social media platforms to block access. This would apply to minors under the age of 15 unless they have the permission of their parents. However, senators are expected to introduce further amendments to the age verification act in late June. (see Politico Pro, paywall, Sénat, FR)

Relevant Publications, including from the EP Think Tank:

• Tax incentives after the minimum corporate tax (‘Pillar Two’) (At a Glance)
• European media freedom act (Briefing)
• Digital platform workers: EU rules one step closer (At a Glance)

A Selection of the EU Commission’s Consultations

• Draft BEREC Report on practices and challenges of the phasing out of 2G and 3G – Feedback on the report: 13 June to 15 August 2023
• Cyber Solidarity Act – Feedback on the regulation: 20 April 2023 to 20 July 2023 (extended)
• Net Zero Industry Act – Feedback on the regulation: 20 March to 27 June 2023
• European Critical Raw Materials Act – Feedback on the regulation: 20 March 2023 to 30 June 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), while the calendar for 2024 is accessible here.

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. The upcoming Spanish Presidency has also set up its own website and published an eighteen-month programme (PDF). A first draft of the calendar (PDF) of the Belgian Presidency 2024 was published by Politico.

Included among the Council dates are:

Summits and Ministerial Meetings:

• Foreign Affairs Council, Monday, 26 June – Agenda, A Items, Background Brief;
• Agriculture and Fisheries Council, Monday, 26 and Tuesday, 27 June – Agenda, A Items;
• General Affairs Council, Tuesday, 27 June – Agenda, A Items, Background Brief;
• European Council, Thursday, 29 and Friday, 30 June – Agenda.

Preparatory Bodies:

• Cultural Affairs Committee, Monday, 26 June (Agenda);
• Working Party on Telecommunications and Information Society, Monday, 26 June and Wednesday, 28 June;
• Audiovisual and Media Working Party (incl. EMFA), Monday, 26 June (Agenda);
• Working Party on Competition, Tuesday, 27 June (Agenda);
• Working Party on Intellectual Property, Wednesday, 28 June (Agenda);
• Working Party on Cooperation in Criminal Matters, Monday, 26 June (Agenda) and Wednesday, 28 June (Agenda);
• Working Party on Competitiveness and Growth (Industry), Thursday, 29 June;
• COREPER I ( eIDAS, Data Act), Wednesday, 28 and Friday, 30 June (Agenda);
• COREPER II, Monday, 26 June (Agenda) and Wednesday, 28 June;

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 to 11 July. Meanwhile, the directive on tackling child abuse, the draft of which 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:

• Joint Communication on climate change, environmental degradation, and security and defence
• Open finance and payments
  • Financial Data Access Regulation
  • Revision of EU rules on payment services

The judicial calendar of the ECJ can be found here.

European Parliament Committees

CW 26 / Monday, 26 to Thursday, 29 June: Committee Meetings Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

• Monday, 26 June, 17.30-18.30 (with FEMM, Brussels)
• Tuesday, 27 June, 17.30-18.30 (with ENVI, Brussels)
• Wednesday, 28 June, 9.00-12.30 and 14.30-18.00 (Brussels)
• Thursday, 29 June, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

…

28 June 2023, 11.15 – 11.45

9. Study: Social media platforms and challenges for democracy, rule of law and fundamental rights

LIBE/9/11808

• Presentation of the study of the Policy Department for Citizens’ Rights and Constitutional Affairs

…

28 June 2023, 14.30 – 14.40

Jointly with the Committee on the Internal Market and Consumer Protection

11. Harmonised rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts

CJ40/9/07994

***I 2021/0106(COD) COM(2021)0206 – C9-0146/2021

 

Rapporteurs:
	Brando Benifei (S&D) Dragoş Tudorache (Renew)		AM – PE732.836v01-00 AM – PE732.840v01-00 AM – PE732.841v01-00 AM – PE732.837v01-00 AM – PE732.843v01-00 AM – PE732.802v01-00 AM – PE732.844v01-00 AM – PE732.838v01-00 AM – PE732.839v01-00
Responsible:
	IMCO, LIBE*
Opinions:
	ENVI	Susana Solís Pérez (Renew)	AD – PE699.056v02-00 AM – PE704.585v01-00
	ITRE*	Eva Maydell (PPE)	AD – PE719.801v02-00 AM – PE719.802v01-00 AM – PE730.106v01-00
	TRAN	Josianne Cutajar (S&D)	AD – PE730.085v02-00 AM – PE731.743v01-00
	CULT*	Marcel Kolaja (Verts/ALE)
	JURI*	Axel Voss (PPE)	AD – PE719.827v02-00 AM – PE730.042v01-00 AM – PE730.041v01-00 AM – PE730.031v01-00

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

…

Further Meetings (Calendar)

• Thursday, 6 July 2023, 9.00-12.30 (Brussels)

JURI Committee (Legal Affairs)

Current Meetings

• Monday, 26 June, 15.00-18.30 (Brussels)
• Tuesday, 27 June, 9.00-12.30 and 14.30-18.30 (Brussels)
• Wednesday, 28 June, 15.00-16.00 (with JURI, Brussels)

Excerpt from the Draft Agenda

26 June 2023, 15.00 – 16.00 

…

4. Implementation of the 2018 Geo-blocking Regulation in the digital single market

JURI/9/11286

2023/2019(INI)

 

Rapporteur for the opinion:
	Karen Melchior (Renew)		PA – PE749.286v01-00
Responsible:
	IMCO*	Beata Mazurek (ECR)	PR – PE749.206v01-00

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

…

27 June 2023, 11.30 – 12.30

20. Liability for defective products

CJ24/9/11492

***I 2022/0302(COD) COM(2022)0495 – C9-0322/2022

 

Rapporteurs:
	Vlad-Marius Botoş (Renew) Pascal Arimont (PPE)		PR – PE745.537v01-00 AM – PE746.997v01-00 AM – PE747.001v01-00
Responsible:
	IMCO, JURI
Opinions:
	ITRE	Decision: no opinion

• Consideration of amendments
  (Joint meeting with IMCO; see separate draft agenda)
• Deadline for tabling amendments: 3 May 2023, 12.00

…

Further Meetings (Calendar)

• Monday, 3 July (Brussels)
• Wednesday, 19 July (Brussels)
• Thursday, 20 July (Brussels)

Dossiers Timetable (22 May 2023)

ITRE Committee (Industry)

Current Meetings

• Wednesday, 28 June, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 29 June, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

28 June 2023, 9.00 – 11.30

…

4. Amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity

ITRE/9/06236

***I 2021/0136(COD) COM(2021)0281 – C9-0200/2021

 

Rapporteur:
	Romana Jerković (S&D)
Responsible:
	ITRE*

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

5. 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*

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

…

*** Electronic vote ***

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

…

7. 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*

• Vote on the provisional agreement resulting from interinstitutional negotiations

…

*** End of electronic vote ***

28 June 2023, 15.00 – 18.30

…

12. Measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)

ITRE/9/11366

***I 2023/0046(COD) COM(2023)0094 – C9-0028/2023

 

Rapporteur:
	Alin Mituța (Renew)		PR – PE749.242v01-00
Responsible:
	ITRE

• Consideration of draft report
• Deadline for tabling amendments:29 June 2023, 17.00

Scrutiny session

13. Exchange of views with Mr Konstantinos Masselos, BEREC Chair 2023, and Ms Kamila Kloc, Director for Digital Decade and Connectivity (DG CNECT), on the draft Commission Recommendation on the regulatory promotion of Gigabit connectivity

…

Further Meetings (Calendar)

• Wednesday, 19 July (Brussels)
• Thursday, 20 July (Brussels)

Dossiers Timetable (PDF) (22 June 2023)

IMCO Committee (Internal Market)

Current Meetings

• Tuesday, 27 June, 11.30-12.30 (with JURI, Brussels)
• Wednesday, 28 June, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 29 June, 9.00-12.30 (Brussels)

Excerpt from the Draft Agenda

28 June 2023, 9.00 – 11.30

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. Working group on the implementation of the Digital Markets Act (DMA)
   * Reporting back to committee by Andreas Schwab (PPE), Chair of the Working group
9. IMCO delegation to Singapore, 3 – 7 April 2023

IMCO/9/11844

 

		CR – PE749.287v01-00

• Reporting back to committee

…

16. 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 compromise amendments

…

28 June 2023, 15.00 – 17.00

18. Implementation of the 2018 Geo-blocking Regulation in the digital single market

IMCO/9/11285

2023/2019(INI)

 

Rapporteur:
	Beata Mazurek (ECR)
Responsible:
	IMCO*
Opinions:
	CULT*	Sabine Verheyen (PPE)	PA – PE746.896v01-00 AM – PE749.201v01-00
	JURI*	Karen Melchior (Renew)	PA – PE749.286v01-00

• Consideration of draft report
• Deadline for tabling amendments:12 July 2023, 15.00

…

29 June 2023, 9.30 – 11.00

*** Electronic vote ***

22. Amending Directive 2011/83/EU concerning financial services contracts concluded at a distance and repealing Directive 2002/65/EC

IMCO/9/09058

***I 2022/0147(COD) COM(2022)0204 – C9-0175/2022

 

Rapporteur:
	Arba Kokalari (PPE)
Responsible:
	IMCO*

• Vote on the provisional agreement resulting from interinstitutional negotiations

23. 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

• Adoption of draft opinion

24. 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 AM – PE746.814v01-00 AM – PE749.191v01-00 AM – PE749.192v01-00 AM – PE749.190v01-00 AM – PE749.189v01-00

• Adoption of draft opinion

25. 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

• Adoption of draft opinion

26. Laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)

IMCO/9/10681

***I 2022/0379(COD) COM(2022)0720 – C9-0387/2022

 

Rapporteur for the opinion:
	Francisco Guerreiro (Verts/ALE)		PA – PE745.487v01-00 AM – PE746.733v01-00
Responsible:
	ITRE*	Ivars Ijabs (Renew)	PR – PE745.497v01-00 AM – PE746.974v01-00

• Adoption of draft opinion

*** End of electronic vote ***

…

Further Meetings (Calendar)

• Open

Dossiers Timetable (May 2023)

CULT Committee (Culture)

Current Meetings

• Wednesday, 28 June, 9.00-12.30 and 14.30-18.30 (Brussels)
• Thursday, 29 June, 10.30-11.30 (with EMPL, Brussels)

Excerpt from the Draft Agenda

…

4. ECA Special Report 11/2023: EU support for the digitalisation of schools

…

*** Electronic vote ***

…

7. The new European strategy for a better internet for kids (BIK+)

CULT/9/11838

2023/2670(RSP)

 

Rapporteur:
	Sabine Verheyen (PPE)
Responsible:
	CULT

• Adoption of motion for a resolution

*** End of electronic vote ***

…

Further Meetings (Calendar)

• Monday, 17 July (Brussels)
• Tuesday, 18 July (Brussels)

Further Parliamentary Calendar Dates

• CW 27 / Monday, 3 to Thursday, 6 July: Political Group and Committee Meetings Week (Brussels);
• CW 28 / Monday, 10 to Thursday, 13 July: Plenary Sessions Week (Strasbourg);
• CW 29 / Monday, 17 to Thursday, 20 July: Committee Meetings Week (Brussels);