What changed between the plenary report and the adopted text

Removed:DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Added:P9_TA(2024)0198

Removed:on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EU) 2021/1232 of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse

Added:Temporary derogation: combating online child sexual abuse

Removed:(COM(2023)0777 – C90437/2023 – 2023/0452(COD))

Added:Committee on Civil Liberties, Justice and Home Affairs

Added:PE758.054

Added:European Parliament legislative resolution of 10 April 2024 on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EU) 2021/1232 of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse (COM(2023)0777 – C9-0437/2023 – 2023/0452(COD))

5 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0777),

– having regard to Article 294(2), Article 16(2) and Article 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90437/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Changed:– having regard to the opinion of the European Economic and Social Committee (XXXX)Committee,

Change 1

Removed:–– having regard to Rule 59 of its Rules of Procedure,

Added:– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 21 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

Added:– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0021/2024),

Changed:– having regard to the Report from the European Commission on the implementation of Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (COM(2023) 797 final),(COM(2023)0797),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 2

Removed:Recital -1 (new): (-1) In order to facilitate compliance with providers’ reporting obligations, in particular to ensure the machine-readability and easy accessibility of the reports, the publication format for the reports pursuant to Article 3(1)(f)(vii) of Regulation 2021/1232 should be harmonised.

Added:P9_TC1-COD(2023)0452

Change 3

Changed:RecitalPosition 1of athe (new):European (1a)Parliament Inadopted orderat first reading on 10 April 2024 with a view to ensurethe anadoption adequateof levelRegulation (EU) 2024/… of transparencythe European Parliament and accountability,of asthe wellCouncil asamending toRegulation enable(EU) comprehensive2021/1232 andon comparablea reporting,temporary itderogation isfrom necessarycertain toprovisions layof downDirective templates2002/58/EC concerningas regards the detailsuse of the reportstechnologies thatby providers of number-independent interpersonal communications services should publish and submit tofor the competentprocessing supervisoryof authoritypersonal and to theother Commissiondata onfor the processingpurpose of personalcombating dataonline underchild Regulationsexual 2021/1232.abuse

Change 4

Removed:Recital 1 b (new): (1b) In order to enable effective scrutiny over processing of personal data, providers of number-independent interpersonal communications services should use the template and the instructions laid out in the Annex to this Regulation when complying with their reporting obligations pursuant to Regulation (EU) 2021/1232.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1307.)

Removed:Recital 1 c (new): (1c) In view of the Report from the Commission on the implementation of Regulation (EU) 2021/12321a, it is necessary to thoroughly improve the reporting mechanism to the European Commission from both the Member States and the providers of number-independent interpersonal communication services. It is also important to stress that the European Commission will be obliged to report on the implementation of the Regulation (EU) 2021/1232 in due time after the conclusion of the new period of application. / 1a REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse

Removed:Recital 2: (2) The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse10, which the Commission adopted on 11 May 2022, aims to provide that long-term legal framework. The European Parliament adopted its position and the mandate to enter into inter-institutional negotiations on 22 November 2023 while the Council of the European Union has not reached a general approach yet. Consequently, it is certain that the legislative procedure will be not concluded before 3 August 2024.

Removed:Recital 3: (3) It is important that child sexual abuse online can be effectively combated which demonstrates the need for a permanent framework with a focus on preventive measures. Pending the conclusion of the legislative procedure and the adoption, entry into force and application of the long-term legal framework, a prolongation of Regulation (EU) 2021/1232 is only justified once and for a very limited period.

Removed:Recital 4: (4) Therefore, given this extraordinary circumstances and the lack of progress with the permanent solution within the Council of the European Union, Regulation (EU) 2021/1232 should be amended to extend its period of application for a limited period of time strictly necessary to adopt the long-term legislation. It is crucial to note that this extension is exceptional and should not establish a precedent for future extensions. Regulation (EU) 2021/1232 was initially designed as a transitional, temporary instrument serving as a link between the implementation of Directive (EU) 2018/1972, which brought number-independent interpersonal communications services within the scope of Directive 2002/58/EC starting on 21 December 2020, and the establishment of a permanent Regulation addressing the prevention and combatting of child sexual abuse online. Contrary to the co-legislators expectation, the absence of an agreed permanent Regulation requires the extension of the application of Regulation (EU) 2021/1232. However, this extension must not be prolonged any further, with a clear stipulation that it should not undergo a second prolongation, emphasising the unique nature of this circumstance.

Removed:Regulation (EU) 2021/1232

Removed:Article -1 (new), Article 2 – point 3: Article -1 / In Article 2, the third paragraph is deleted.

Removed:(32021R1232)

Removed:Regulation (EU) 2021/1232

Removed:Article -1 a (new): Article -1a / Template for the reporting / 1. To ensure that the reports are machine-readable, providers shall publish the report in a CSV (comma-separated values) format. The Commission shall make available online the CSV- and XLSX-versions of the template in Annex I. / 2. For providers of number-independent interpersonal communications services, the first reporting cycle following the full entry into application date of Regulation (EU) 20XX/XX on 04 August 2024 shall cover the period from 1 January 2024 until 31 December 2024. In case the period from 1 January until 04 August 2024 does not follow the template set out in Annex I to this Regulation, it shall be included in a separate section of the next report.

Removed:Regulation (EU) 2021/1232

Removed:Article 1 – paragraph 1, Article 10 – paragraph 2: It shall apply until 3 May 2025, after which it shall elapse permanently.

Removed:Annex 1 a (new): ANNEX I / Template for providers of number-independent interpersonal communications services / PART I / GENERAL REMARKS / Pursuant to Article 3(1), point f, subparagraph (vii) of Regulation 2021/1232, providers of number-independent interpersonal communications services shall fill in the templates in this Annex. / These are the categories of data under this Regulation: / (1) the type and volumes of data processed; / (2) the specific ground relied on for the processing pursuant to Regulation (EU) 2016/679; / (3) the ground relied on for transfers of personal data outside the Union pursuant to Chapter V of Regulation (EU) 2016/679, where applicable; / (4) the number of cases of online child sexual abuse identified, differentiating between online child sexual abuse material; / (5) the number of cases in which a user has lodged a complaint with the internal redress mechanism or with a judicial authority and the outcome of such complaints; / (6) the numbers and ratios of errors (false positives) of the different technologies used; / (7) the measures applied to limit the error rate and the error rate achieved; / (8) the retention policy and the data protection safeguards applied pursuant to Regulation (EU) 2016/679; / (9) the names of the organisations acting in the public interest against child sexual abuse with which data has been shared pursuant to this Regulation;

Removed:As Regulation 2021/1232 does not provide a template for the reporting, providers shared different types of information which were not necessarily comparable which makes it necessary to establish a template to fulfil the obligation for reporting by providers pursuant to Article 3(1)(g)(vii) of Regulation (EU) 2021/1232