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REPORT (COM(2023)0777 – C90437/2023 – 2023/0452(COD))

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

A-9-2024-0021

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Birgit Sippel

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Parliament's amended version of the Commission proposal to amend Regulation (EU) 2021/1232 on a temporary derogation from Directive 2002/58/EC for combating online child sexual abuse. It extends the application of Regulation (EU) 2021/1232 until 3 May 2025, after which it elapses permanently, and states the extension is exceptional and should not set a precedent. It introduces a harmonised reporting template in a new Annex I, requiring providers to publish reports in CSV format and to use the template for reporting obligations. It deletes the third paragraph of Article 2 of Regulation (EU) 2021/1232 and requires the Commission to report on implementation after the new application period.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal by extending the application of Regulation (EU) 2021/1232 until 3 May 2025, introducing a harmonised reporting template, and deleting the third paragraph of Article 2.

Key points

  1. Parliament adopts its position at first reading on the proposal to amend Regulation (EU) 2021/1232.
  2. The Commission must refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
  3. A new recital states that the publication format for reports under Article 3(1)(f)(vii) of Regulation 2021/1232 should be harmonised to ensure machine-readability and easy accessibility.
  4. New recitals require templates for reports by providers of number-independent interpersonal communications services to ensure transparency, accountability and comparable reporting.
  5. A new recital stresses the need to improve the reporting mechanism from member states and providers, and obliges the Commission to report on implementation after the new application period.
  6. Recital 2 is amended to state that the Commission adopted its proposal for a long-term framework on 11 May 2022, Parliament adopted its position on 22 November 2023, and the Council has not reached a general approach yet.
  7. Recital 3 is amended to say that child sexual abuse online must be effectively combated, demonstrating the need for a permanent framework with a focus on preventive measures, and that prolongation of Regulation 2021/1232 is only justified once and for a very limited period.
  8. Recital 4 is amended to state that the extension is exceptional, should not set a precedent, and should not undergo a second prolongation.
  9. A new Article -1 deletes the third paragraph of Article 2 of Regulation (EU) 2021/1232.
  10. A new Article -1a requires providers to publish reports in CSV format, makes CSV and XLSX versions of the template available online, and sets the first reporting cycle from 1 January 2024 to 31 December 2024.
  11. Article 10(2) is amended so that Regulation (EU) 2021/1232 applies until 3 May 2025, after which it elapses permanently.
  12. A new Annex I sets out a template for providers, listing categories of data to be reported, including volumes, legal grounds, number of cases, complaints, error rates, retention policy and organisations data is shared with.

Who is affected

  • Providers of number-independent interpersonal communications services must use the new reporting template and publish reports in CSV format.
  • The Commission must make available CSV and XLSX versions of the template online and report on implementation after the new application period.
  • Member states must improve their reporting mechanism to the Commission.

Figures and deadlines

  • 3 May 2025: date until which Regulation (EU) 2021/1232 shall apply, after which it elapses permanently.
  • 1 January 2024 until 31 December 2024: period covered by the first reporting cycle following the full entry into application date.
  • 04 August 2024: full entry into application date of Regulation (EU) 20XX/XX.
  • 22 November 2023: date on which Parliament adopted its position on the long-term framework proposal.
  • 11 May 2022: date on which the Commission adopted its proposal for a long-term framework.

Legal basis: Article 294(2), Article 16(2) and Article 114(1) of the Treaty on the Functioning of the European Union.