Considerations on COM(2023)777 - Amendment of Regulation 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse - Main contents
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| dossier | COM(2023)777 - Amendment of Regulation 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose ... |
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| document | COM(2023)777  |
| date | April 29, 2024 |
| (2) | The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, which the Commission adopted on 11 May 2022, aims to provide the long-term legal framework. However, the interinstitutional negotiations on that proposal have not yet started and it is certain that they will not be concluded on time for the long-term legal framework, including any amendments to Regulation (EU) 2021/1232 that it might contain, to be adopted, enter into force and apply by 4 August 2024. |
| (3) | It is important that online child sexual abuse can be combated effectively, in accordance with the applicable rules of Union law, including the conditions set out in Regulation (EU) 2021/1232, and without interruption, pending the conclusion of the interinstitutional negotiations on the proposal for, and the adoption, entry into force and application of, the long-term legal framework. The co-legislators express their commitment to reaching an agreement on the long-term legal framework as soon as possible and with a view to avoiding any further extensions of Regulation (EU) 2021/1232 in the future. |
| (4) | Given the particular circumstances, Regulation (EU) 2021/1232 should be amended to extend its period of application for a period of time that is limited to that which is strictly necessary to adopt the long-term legal framework and for it to enter into force. It is crucial to note that that extension is exceptional and should not establish a precedent for further 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 of the European Parliament and of the Council (4), which brought number-independent interpersonal communications services within the scope of Directive 2002/58/EC of the European Parliament and of the Council (5) from 21 December 2020, and the establishment of the long-term legal framework. Contrary to the co-legislators’ expectation, the application of Regulation (EU) 2021/1232 needs to be extended, due to the absence of an agreed long-term legal framework. |
| (5) | Pursuant to Regulation (EU) 2021/1232, in order for the temporary derogation from certain provisions of Directive 2002/58/EC to apply, providers of number-independent interpersonal communications services are required to publish and submit to the competent supervisory authority and to the Commission a report on the processing of personal data under that Regulation. |
| (6) | In view of the report from the Commission on the implementation of Regulation (EU) 2021/1232, it is necessary to improve reporting to the Commission both from the Member States and from providers of number-independent interpersonal communication services. It is also important to stress that the Commission should report on the implementation of Regulation (EU) 2021/1232 in a timely manner. |
| (7) | In order to facilitate reporting by providers of number-independent interpersonal communications services, in particular to ensure that their reports are machine readable and easily accessible, a common reporting format for those reports should be established. |
| (8) | In order to ensure uniform conditions for the implementation of Article 3(1), point (g)(vii), of Regulation (EU) 2021/1232, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6). |
| (9) | Considering the need to ensure, in a timely manner, legal certainty and considering the limited nature of the amendments provided for in this Regulation, namely the extension of the period of application of the temporary regime and the conferral of implementing powers on the Commission for the purpose of establishing a common reporting format, it is appropriate to provide that this Regulation should enter into force as soon as possible. |
| (10) | The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (7) and delivered its opinion on 24 January 2024. |
| (11) | Regulation (EU) 2021/1232 should therefore be amended accordingly, |