PATH TO DIGITAL DECADE: THE COUNCIL ADOPTS ITS POSITION
On 11 May the Council of the EU agreed on a negotiating mandate for the 2030 policy programme ‘Path to the Digital Decade’. The Council text changed the frequency of interactions to move to a biennial cycle of cooperation between Member States and the Commission while maintaining the annual frequency of the ‘State of the Digital Decade’ report. In this regard, a stronger link with the legal basis of the decision has been established.
More information can be found here.
Next steps: The Council presidency can start negotiations with the European Parliament as soon as the European Parliament has agreed its position.
CYBERSECURITY
NIS2 Directive: provisional agreement reached
On 13 May the Council of the EU and the European Parliament agreed on the measures for a high common level of cybersecurity across the Union - the NIS2 Directive.
The new legislation will:
- set the baseline for cybersecurity risk management measures and reporting obligations across all sectors that are covered by the Directive, such as energy, transport, health and digital infrastructure.
- the new NIS2 directive introduces a size-cap rule - all medium-sized and large entities operating within the sectors or providing services covered by the directive will fall within its scope.
The Member States will have 21 months from the entry into force of the Directive in which to incorporate the provisions into their national law.
The press release can be found here.
Next steps: The provisional agreement is now subject to approval by the Council and the European Parliament.
At the end of May 2022: The French presidency intends to submit the agreement to the Council's Permanent Representatives Committee for approval.
Cybersecurity of Open RAN
The EU Member States, with the support of the European Commission and ENISA, the EU Agency for Cybersecurity published a report on the cybersecurity of Open RAN. This new type of 5G network architecture will in the coming years provide an alternative way of deploying the radio access part of 5G networks based on open interfaces.
The report found that Open RAN could bring potential security opportunities, provided certain conditions are met. However, the Open RAN concept still lacks maturity and cybersecurity remains a significant challenge.
The press release can be found here.
BEREC event on Open RAN
BEREC invited all the stakeholders to a workshop on Open RAN to explore and discuss various supply and demand-side issues related to open interfaces within Open RAN and the benefits and challenges associated with it.
More information can be found here.
Date of the event: 24 May 2022.
DIGITAL MARKETS ACT
Following the political agreement on 25 March on the Digital Markets Act (DMA) between the Council of the EU and the European Parliament, the IMCO Committee published the full text of the agreement.
The full text of the agreement can be downloaded from here.
Next steps: 16 May: Vote on provisional agreement in the IMCO Committee.
July 2022: Vote in Plenary.
QUARTERLY REPORT OF THE EUROPEAN 5G OBSERVATORY
The European Commission published the latest quarterly report on 5G scoreboard which complements the Digital Economy Society Indicator (DESI). The focus of the report is shifting from 5G readiness to 5G deployment monitoring in order to emphasise progress regarding 5G network deployment and actual spectrum availability.
According to the report, all EU countries have now launched commercial 5G services in at least a part of the country but a significant share of this 5G coverage is achieved using 4G spectrum instead of the 5G pioneer bands.
The report can be downloaded from here.
PROTECTING CHILDREN ONLINE
European Strategy for a Better Internet for Kids
On 11 May the European Commission adopted a new European Strategy for a Better Internet for Kids (BIK+) in order to improve age-appropriate digital services and to ensure that every child is protected, empowered and respected online. The new strategy is based on three pillars:
- Safe digital experiences in the digital environment.
- Digital empowerment with the necessary for the children skills and competences.
- Active participation in the digital environment, with more child-led activities.
The progress in Member States will be monitored through the ‘BIK map tool', which collects, compares and exchanges information on the implementation of the strategy for a Better Internet for Kids in the Member States.
The press release can be found here.
Fighting child sexual abuse
The European Commission proposed new EU legislation to prevent and combat child sexual abuse online. The objective is to effectively address the misuse of online services for the purposes of child sexual abuse.
The proposed rules will apply to online service providers offering services in the EU, namely hosting services and interpersonal communication services (such as messaging services), app stores and internet access providers. The new obligations will be targeted to the types of service providers whose services are most misused for child sexual abuse online, and will first and foremost aim to create incentives for stronger child protection.
The press release can be found here.
MERGER CONTROL IN THE EU: PUBLIC CONSULTATION
The European Commission launched a public consultation inviting all interested parties to comment on the draft revised Merger Implementing Regulation (‘Implementing Regulation') and the Notice on Simplified Procedure.
The press release can be found here.
Deadline for submitting comments on the draft rules: 3 June 2022.
NEW VERTICAL BLOCK EXEMPTION REGULATION AND VERTICAL GUIDELINES
On 10 May the European Commission adopted new Vertical Block Exemption Regulation (VBER) accompanied by the new Vertical Guidelines.
The new simpler, clearer and up-to-date rules and guidance will allow the businesses to assess the compatibility of their supply and distribution agreements with EU competition rules.
The press release can be found here.
1 June 2022: The revised VBER and Vertical Guidelines will enter into force.