Changes from plenary report to adopted text

Change 1

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

Change 2

RemovedRecital -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.

AddedP9_TC1-COD(2023)0452

Change 3

ChangedRecitalPosition 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

RemovedRecital 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.)

RemovedRecital 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

RemovedRecital 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.

RemovedRecital 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.

RemovedRecital 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.