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DRAFT 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

LIBE-PR-758054

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

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This is the rapporteur's draft report on the Commission proposal to amend Regulation (EU) 2021/1232, which allows providers of number-independent interpersonal communications services to process personal data to combat online child sexual abuse. The draft proposes amendments that remove references to solicitation of children from the Regulation, add new recitals on reporting templates and transparency, and require providers to publish reports in CSV format using a template in a new Annex I. It also changes the application end date from 3 August 2026 to 3 May 2025 and deletes certain definitions and reporting requirements.

Committee position. The rapporteur proposes to amend the Commission proposal by removing references to solicitation of children, adding reporting templates and transparency requirements, and shortening the application period to 3 May 2025.

Key points

  1. The draft report adopts Parliament's position at first reading on the Commission proposal to amend Regulation (EU) 2021/1232.
  2. It calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
  3. It adds a new citation referring to the Commission's implementation report on Regulation (EU) 2021/1232.
  4. New recitals require harmonised publication formats for provider reports and templates for reporting to supervisory authorities and the Commission.
  5. Definitions no longer relevant, including the definition of solicitation of children, should be deleted from Regulation 2021/1232.
  6. Recital 16 is replaced to require least privacy-intrusive technologies and to remove references to solicitation of children.
  7. Recital 21 is replaced to update reporting obligations, removing differentiation between online child sexual abuse material and solicitation of children.
  8. Article 2's third paragraph is deleted, and Article 3(1)(a)(i) is replaced to remove detection of solicitation of children.
  9. Article 3(1)(d) is replaced to remove technology for identifying possible solicitation of children from the prior consultation procedure.
  10. Article 3(1)(f) is deleted, and Article 3(1)(g)(iii) is replaced to remove solicitation of children from human confirmation requirements.
  11. Article 3(1)(g)(iii)(4) is replaced to remove differentiation between online child sexual abuse material and solicitation of children in reporting.
  12. The application end date is changed from 3 August 2026 to 3 May 2025, and a new Annex I sets out a reporting template for providers.

Who is affected

  • Providers of number-independent interpersonal communications services, who must use the new reporting template and publish reports in CSV format.
  • Competent supervisory authorities and the Commission, which receive provider reports.
  • Law enforcement authorities and organisations acting in the public interest against child sexual abuse, which receive reports on online child sexual abuse material.

Figures and deadlines

  • Reports should be published by 3 February 2022 and by 31 January every year thereafter.
  • The first reporting cycle following full application shall cover 1 January 2024 until 31 December 2024.
  • The period 1 January until 4 August 2024, if not following the template, shall be included in a separate section of the next report.
  • The Regulation shall apply until 3 May 2025.

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