View from Brussels #246

Highlights from the Past Weeks

CW 12 / Monday, 20 to Thursday, 23 March: Committee Meeting Week (Brussels);

ARTIFICIAL INTELLIGENCE – UPDATED SCHEDULE: Two technical meetings took place last week. .Another technical and a political meeting are on the agenda this week, and the consultations are expected to be concluded in April (see Kai Zenner, Linkedin)

“A #political #deal is very close due to 7/7 working weeks on technical level. There have been some #compromise #miracles such as with the #AI #definition, where we found a middle ground for two opposing views. Biggest #obstacles towards a deal are #GPAI, #AIValueChain, #governance, #enforcement, #prohibitions as well as #ANNEXIII,” Zenner comments.

DIGITAL MARKETS ACT – EU COMMISSION SETS UP HIGH-LEVEL GROUP: The European Commission last week adopted a decision to set up a High Level Group on the Digital Markets Law. In line with the requirements of the Digital Markets Act (DMA), this group will consist of 30 representatives from the Body of European Regulators for Electronic Communications (BEREC), the European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB), the European Competition Network (ECN), the Consumer Protection Cooperation Network (CPC Network) and the European Regulatory Audiovisual Group (ERGA).

This high-level group can provide advice and expertise to the Commission to ensure that the Digital Markets Act and other sector-specific rules for gatekeepers are implemented in a coherent and complementary manner. It can also provide expertise for market research on emerging services and practices to ensure that the Digital Markets Act is future-proof. The High Level Group has a mandate of two years and meets at least once a year – in May for the first time (see press release COM).

DIGITAL SERVICES ACT – 19 TO 20 VLOP/VLOSE: The Commission’s DSA team met with MEPs last week and said that the number of very large online platforms is at least 19 or 20. In addition, four or five are either about to cross the threshold or the bureaucrats’ estimates differ from those of the platforms themselves.

As far as secondary legislation is concerned, next up is the Delegated Act on Audits, expected on 18 April. The Data Access Act is not expected until 7 February 2024, which means that its application could even be delayed until 2025. On enforcement, the Commission said it was “working well with Ireland” (see Euractiv).

CSAM I – FRANCE SEES RISK FOR ENCRYPTION: According to a Contexte report (paywall, FR), France considers that the future CSAM regulation could force online messengers to weaken their encryption in order to search for relevant content.

At the same time, France wishes to maintain the age of majority of 18 in the text and is concerned about the link with the DSA and the regulation against terrorist content, including in relation to the deadlines for the removal of content. It favours the possibility of imposing a ban on silence on a hosting provider that has been ordered to remove content by a public authority, a measure that has met with reservations in Germany. Finally, France refuses to prescribe the independence of the competent authorities beyond the coordinating authority. At the European level, it raises the question of the resources of the future EU centre to deal with this content and the risk of overlap with Europol.

For its part, the French Senate called for the removal from the text of the obligation to detect “new” content and advertising to minors, the most drastic measures of the future regulation.

CSAM II – MEMBER STATES COMMENT TEXT: In formal comments on a draft act to combat child sexual abuse material (CSAM), EU countries have emphasised end-to-end encryption, rapid removal of such material and preservation of evidence, according to internal comments (PDF).

Fifteen European governments have given their feedback on the draft act to combat CSAM. The commentary, albeit incomplete, highlights some of the main points raised by EU capitals.

In their feedback on the CSAM proposal, many Member States raised issues with end-to-end encryption, time limits for deletion and preservation of evidence, with Germany taking a particularly defensive stance on encryption. Various national governments also highlighted victim notification, removal of content and exclusion of voice communications as priority areas in the ongoing discussions of the Law Enforcement Working Group.

The document was presented last month in the context of ongoing discussions in the Working Party on Enforcement, a technical body of the EU Council that paves the way for ministerial approval of legislative proposals (see Euractiv, EN).

CSAM III – 513 AMENDMENTS IN THE INTERNAL MARKET COMMITTEE: MEPs of the associated IMCO Committee tabled 513 amendments to the draft opinion prepared by rapporteur A. Agius Saliba (S&D, Malta) (158-494, 495-670 – PDF).

As the draft opinion itself contains 157 amendments to the Commission’s proposal, a total of 670 amendments to the dossier were tabled in the IMCO Committee alone.

The vote on the draft opinion and the amendments tabled to it is scheduled for 28 or 29 June 2023.

DATA RETENTION – COUNCIL TAKES UP THE ISSUE AGAIN: The ability of police authorities to obtain and store electronic communications data has caused the ePrivacy Regulation to stall.

In this context, European governments are discussing the establishment of an expert group to look into the storage of and access to law enforcement data. According to a document dated 20 March (PDF), the focus will be on data retention.

The draft is now being discussed between the Swedish Presidency and the European Commission. Some Member States have already submitted their comments (PDF). The future forum is designed to help states address the many obstacles to law enforcement’s work on the Internet, in the hope that this comprehensive approach will break the deadlock on the most sensitive issues, including data retention. The work should not only be limited to questions of access, but also to preservation and evaluation,” the French emphasise. These include encryption of communications, access to evidence stored outside the EU (which is the focus of negotiations between the Commission and the US), the complexity of national laws and thus also data retention.

In this context, France wants to create “a common framework for data retention and access that is balanced in terms of the preventive and repressive imperatives pursued by the member states” in order to go beyond the implementation of the ECJ’s unfavourable case law (see Euractiv or Contexte, paywall, FR – Article 1, Article 2)

FREEDOM OF THE MEDIA – SWEDEN WITH NEW COMPROMISE PROPOSAL: The Swedish Presidency completes its initial proposals on the Media Freedom Act (EMFA). In its compromise proposal (PDF) of 22 March on the national media authorities and their future European group, it stresses the independence of the secretariat, which is still provided by the Commission. With regard to the coordination of regulators vis-à-vis media based outside the EU (meaning “the future RT and Sputnik”), the future Council is to establish “in consultation with the Commission” criteria to be taken into account in their handling of such cases. In parallel, in a second compromise package (PDF), also dated 22 March, the Swedish Presidency subjects micro-entities to obligations on the independence of news media editorial offices.

This version is the first to revise the article on audience measurement, which promises to be a hot point of the text. The platforms have a say in writing these codes of conduct. These compromises are on the agenda of the meeting of the Audiovisual Working Group on 28 March. The EU Council opposed the idea of rapporteur S. Verheyen (EPP) to divide the regulation into two parts, with one part being converted into a directive.

EIDAS – TRILOGUE TO BEGIN: The first trilogue meeting on the eIDAS proposal took place last week, when EU policymakers set out their policy priorities and began discussing issues such as data protection, cybersecurity and robust governance.

The role and functioning of the Wallet was also discussed and a timetable was agreed for the negotiations to be concluded during the Swedish Presidency. The first technical meeting took place on Thursday and launched discussions on general provisions and notification procedures (see Euractiv, EN).

Both Parliament and the Council are confident that the dossier can be concluded under the Swedish Presidency. The next trilogues are scheduled for 27 April and 7 June, with technical meetings more or less every fortnight.

CYBERSECURITY I – RESPONSIBILITY IN EP CLARIFIED FOR CYBER RESILIENCE ACT: The conflict of competence on the Cyber Resilience Act (CRA) has finally been resolved after months of fighting, with the Industry, Research and Energy Committee (ITRE) becoming the lead on the file.

After a dispute over the agreement which had actually already been reached between the committees, the Conference of Committee Chairs (CCC) has now submitted its recommendation to the Conference of Presidents, with ITRE taking the lead.

The Internal Market and Consumer Protection Committee (IMCO) will have two exclusive competences on Article 7 (general product safety) and Article 9 (machinery products).

The rest, like Articles 4, 8, 21, 22, will be shared, while Article 41(5) will go to the Civil Liberties, Justice and Home Affairs Committee.

ITRE rapporteur Danti is determined to complete the dossier within this mandate and could finish his draft report by the end of next week. IMCO rapporteur M. Lokkegaard also wants to be ready with the draft opinion next week. The deadline for amendments is 26 April and the committee vote is scheduled for 29 June (see Politico Pro, Paywall or Euractiv).

CYBERSECURITY II – EXPERTS PRESENT EUROPEAN ROADMAP FOR COMMENT: A group of experts from more than 50 European institutions has published a set of strategic recommendations under the title “Roadmap for Cybersecurity in Europe” (PDF). The interactive website allows experts from across the EU to comment on the document until the end of March. The roadmap was drawn up within the framework of the Concordia project (H2020), in which universities, innovation centres and private companies from 27 European countries are working together (see COM press release).

DIGITAL EUROPE – EU COMMISSION ADOPTS 1.3 BILLION EURO WORK PROGRAMME: The European Commission has adopted two multi-annual work programmes for the Digital Europe programme, setting out the objectives and specific thematic areas for which a total of €1.284 billion will be allocated.

These work programmes include strategic investments that will be instrumental in making this year the digital decade in Europe. The Digital Europe programme aims to strengthen Europe’s technological sovereignty and bring digital solutions to the market for the benefit of citizens, public administrations and businesses while contributing to the objectives of the European Green Deal (see press release COM).

ITALY – SET TO BLOCK IPTV TAKES HURDLE: The Italian Chamber of Deputies has unanimously passed a bill to combat IPTV piracy. Once passed by the Senate, telecoms regulator AGCOM, broadcasters and anti-piracy organisations would be ready to go. According to reports, pirate streams will be blocked within minutes, maybe even seconds. Stream providers face three years in prison and users Euro 5,000 in fines. (see Torrent Freak).

Relevant Publications, including from the EP Think Tank:

• The six policy priorities of the von der Leyen Commission: State of play in spring 2023 (In-depth analysis)
• Artificial intelligence [What Think Tanks are thinking] (Briefing)

Selected consultations of the EU Commission

• The future of the electronic communications sector and its infrastructure – Consultation: 23 February – 19 May 2023
• New product priorities in Ecodesign for Sustainable Products – Call for Evidence: 31 January to 12 May 2023
• VAT in the digital age – feedback on the ordinance: 8 December 2022 to 4 April 2023
• Net Zero Industry Act – feedback on the regulation: 20 March to 22 May 2023
• European Critical Raw Materials Act – Feedback on the Regulation: 20 March to 22 May 2023

Outlook for the Current Week

Here you will find a list of the upcoming dates of the European Parliament and an overview of the agenda for the coming mini-plenary session week. The meeting calendar for 2023 is available here (PDF).

You can find an overview of the most important dates of the week of the Council here or the meeting calendar here.
The official calendar as well as the programme of the Swedish Presidency can be found on the corresponding website.

Council appointments include:

Summits and Ministerial Meetings:

• Transport, Telecommunications and Energy Council (Energy), Tuesday 28 March – Agenda, A Items, A Item Addendum;

Preparatory Bodies:

• Working Party on General Affairs (including online political advertising), Monday 27 March (Agenda);
• Working Party on Cooperation in Criminal Matters (E-Evidence), Monday, 27 March (Agenda) and Tuesday, 28 March (Agenda);
• Working Party on Competitiveness and Growth (Industry) (incl. the Chips Act), Monday, 27 March (Agenda) and Wednesday, 29 March (Agenda);
• Working Party on Competitiveness and Growth (Internal Market) (including Ecodesign, SMEI), Monday, 27 March (Agenda), Friday, 31 March (Agenda);
• Working Party on Audiovisual Sector and Media (including EMFA), Tuesday, 28 March (Agenda);
• Working Party on Tax Issues (Indirect Taxation) (including VAT in the Digital Age), Tuesday, 28 March (Agenda) and Wednesday, 29 March (Agenda);
• Working Party on Law Enforcement (Police) (including CSAM), Wednesday, 29 March (Agenda);
• Working Party on Tax Questions (Direct Taxation), Thursday, 30 March (Agenda);
• Working Party on Telecommunications and Information Society (including GIA), Tuesday, 28 March (Agenda) and Friday, 31 March (Agenda)
• Horizontal Working Party on Cyber Issues, Wednesday, 29 March and Friday, 31 March;
• Coreper I (i.a. Chips Act, eID, EED), Monday, 27 March (Agenda) and Wednesday, 29 March (Agenda);
• Coreper II, Wednesday, 29 March (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 is expected on 3 April.
The following topics are on the agenda for this week:

• Directive to further expand and upgrade the use of digital tools and processes in company law
• 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 13 / Monday, 27 to Thursday, 30 March: Mini-Plenary Session Week (Brussels);

LIBE Committee (Civil Liberties)

Current Meetings

• Tuesday, 28 March, 13.30-14.00 (with ECON, Brussels)
• Tuesday, 28 March, 14.00-15.30 (Brussels)
• Wednesday, 29 March, 13.00-14.30 and 14.30-18.30 (Brussels)

Extract from the current agenda

The current agenda is not yet available.

Further Meetings (calendar)

• Thursday, 13 April 9.00-12.30 (Brussels)

JURI Committee (Legal)

Current Meetings

• none

Further Meetings (calendar)

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

Dossiers Timetable (8 March 2023)

ITRE Committee (Industry)

Current Meetings

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

Extract from the provisional agenda

27 March 2023, 15.00 – 18.30

…

4. Presentation by Ms Kadri Simson, Commissioner for Energy, of the Electricity Market Design Package
5. Presentation of the study on “Strengthening the security of supply of products containing Critical Raw Materials for the green transition and decarbonisation”.

…

28 March 2023, 10.00 – 12.30

8. Energy efficiency (recast)

ITRE/9/06937

 

Rapporteur:
	Niels Fuglsang (S&D)

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

*** Electronic vote ***

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

9. Critical technologies for security and defence: state of play and future challenges

ITRE/9/08843

2022/2079(INI)

 

Rapporteur:
	Riho Terras (PPE)
Responsible:
	ITRE*

• Adoption of draft report
• Deadline for tabling amendments: 8 December 2022, 12.00

…

11. Establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC

ITRE/9/08745

***I 2022/0095(COD) COM(2022)0142 – C9-0132/2022

 

Rapporteur for the opinion:
	Maria Spyraki (PPE)
Responsible:
	ENVI*	Alessandra Moretti (S&D)

• Adoption of draft opinion
• Deadline for tabling amendments:1 December 2022, 12.00

…

*** End of electronic vote ***

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

ITRE/9/08359

 

Rapporteur:
	Dan Nica (S&D)

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

…

28 March 2023, 14.30 – 18.30

19. Structured dialogue with Mr Thierry Breton, Commissioner for Internal Market, with particular focus on the Critical Raw Materials Act and the Net-Zero Industry Act
20. Presentation by Ms Renate Nikolay, Deputy Director-General (DG CNECT), of the Gigabit Infrastructure Act
21. Technical presentation by the Commission of the Net-Zero Industry Act
22. Technical presentation by the Commission of the Critical Raw Materials Act

…

Further Meetings (calendar)

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

Dossiers Timetable (23 March 2023)

IMCO Committee (Single Market)

Current Meetings

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

Extract from the provisional agenda

27 March 2023, 15.00 – 17.00

…

Report on ongoing interinstitutional negotiations , missions and working groups

4. 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

5. IMCO Mission to Helsinki, Finland and Tallinn, Estonia, 20 – 22 February 2023

IMCO/9/11388

• Reporting back to committee

6. Working group on the implementation of the Digital Services Act (DSA)
   * Reporting back to committee by Christel Schaldemose (S&D), Chair of the Working group
   

With the Commission

7. Safety of users on big platforms
   * Exchange of views
8. Right to repair: presentation by the Commission of the legislative proposal
   Exchange of views with Didier Reynders, Commissioner for Justice:

27 March 2023, 17.00 – 18.30

9. Structured dialogue with Margrethe Vestager, Executive Vice President of the European Commission for a Europe Fit for the Digital Age

IMCO/9/11535

• Exchange of views

…

28 March 2023, 15.30 – 17.30

21. Common Charger Directive – Developments on new technologies and effects on consumers
    * Exchange of views
22. Establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC

IMCO/9/08746

***I 2022/0095(COD) COM(2022)0142 – C9-0132/2022

 

Rapporteur for the opinion:
	David Cormand (Verts/ALE)		PA – PE737.400v02-00 AM – PE739.577v01-00 AM – PE739.590v01-00
Responsible:
	ENVI*	Alessandra Moretti (S&D)	PR – PE738.753v01-00 AM – PE740.731v01-00 AM – PE740.760v02-00 AM – PE740.732v01-00 AM – PE740.733v01-00

• Consideration of compromise amendments

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
Responsible:
	CULT*	Sabine Verheyen (PPE)

• Consideration of draft opinion
• Deadline for tabling amendments: 12 April 2023, 12.00

…

Further Meetings (calendar)

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

Dossiers Timetable (March 2023)

CULT Committee (Culture)

Current Meetings

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

Extract from the provisional agenda

28 March 2023, 9.00 – 11.00

*** Electronic vote ***

6. Implementation of the Audiovisual Media Services Directive

CULT/9/08913

2022/2038(INI)

 

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

• Adoption of draft report

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

CULT/9/09063

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

 

Rapporteur for the opinion:
	Niyazi Kizilyürek (The Left)		PA – PE737.365v01-00 AM – PE739.506v01-00
Responsible:
	LIBE*	Javier Zarzalejos (PPE)

• Adoption of draft opinion

*** End of electronic vote ***

…

9. 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)
Responsible:
	CULT*
Opinions:
	IMCO*	Geoffroy Didier (PPE)	PA – PE742.456v01-00
	LIBE*	(Renew)

• Exchange of views

…

Further Meetings (calendar)

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

PEGA Committee (Pegasus Investigation Committee)

Current Meetings

• Monday, 27 March, 15.00-18.30 (Brussels)
• Tuesday, 28 March, 9.00-12.30 and 16.00-18.30 (Brussels)

Extract from the provisional agenda

27 March 2023, 15.00 – 16.30

1. Adoption of agenda
2. Exchange of views with Jacek Karnowski, Mayor of Sopot, Poland

28 March 2023, 9.00 – 12.30

3. Exchange of views with Nico van Eijk, Chair of the Review Committee on the Intelligence and Security Services, The Netherlands
4. Meeting with the Defence Committee of the Spanish Parliament

28 March 2023, 16.15 – 19.00

5. Exchange of views with Executive Vice-President Valdis Dombrovskis, Commissioner for Trade
6. Exchange of views with Didier Reynders, Commissioner for Justice

…

Further Meetings

• Thursday, 20 April, 9.00-12.00 (Strasbourg)
• Tuesday, 25 April, 15.00-18.30 (Brussels)

INGE2 Committee (Special Committee on Foreign Interference)

Current Meetings

• Thursday, 30 March, 14.30-16.00 (Brussels)

Extract from the provisional agenda

…

5. Recommendations for reform of European Parliament’s rules on transparency, integrity, accountability and anti-corruption

ING2/9/11386

2023/2034(INI)

 

Co-rapporteurs:
	Vladimír Bilčík (PPE) Nathalie Loiseau (Renew)		PR – PE742.667v03-00
Responsible:
	ING2

• Consideration of draft report
• Deadline for tabling amendments:13 April 2023, 15.00

…

Further Meetings (calendar)

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

Further Parliamentary Calendar Dates

• CW 14 / Monday, 3 to Friday, 7 April: Green Week / Not in session;
• CW 15 / Tuesday, 11 to Thursday, 13 April: Political Group and Committee Meeting Week (Brussels);
• CW 16 / Monday, 17 to Thursday, 20 April: Plenary Session Week (Strasbourg);