The European Parliament adopted by 469 votes to 112, with 37 abstentions, a legislative resolution 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.

The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:

As a reminder, Regulation (EU) 2021/1232 of the European Parliament and of the Council provides for a temporary regime as regards the use of technologies by certain providers of publicly available interpersonal communications services for the purpose of combating online child sexual abuse, pending the preparation and adoption of a long-term legal framework addressing the prevention of and combating online child sexual abuse. That Regulation applies until 3 August 2024.

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.

It is important that online child sexual abuse can be combated effectively and without interruption, pending the conclusion of the interinstitutional negotiations on the proposal for the long-term legal framework.

In view of these particular circumstances, it is intended to amend Regulation (EU) 2021/1232 in order to extend, exceptionally, its period of application until 3 April 2026 , on the understanding that the co-legislators express their commitment to reaching agreement on the long-term legal framework as soon as possible, with a view to avoiding any further extension of Regulation (EU) 2021/1232 in the future.

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. 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.

On the basis of the reports submitted and the statistics provided, the Commission should, by 4 September 2025, prepare a report on the implementation of this Regulation and submit and present it to the European Parliament and to the Council.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Birgit SIPPEL (S&D, DE) 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.

As a reminder, Regulation (EU) 2021/1232 (Interim Regulation) lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC (the ePrivacy Directive), with the sole objective of enabling providers of certain number-independent interpersonal communications services to use specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.

As explained in the Interim Regulation, it is intended to provide a temporary solution pending the adoption of a long-term legal framework to tackle child sexual abuse at Union level. The Interim Regulation will expire on 3 August 2024.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Limited extension

The European Commission is proposing a limited extension of the period of application of the interim regulation until 3 August 2026, Members consider that the interim regulation should apply until 3 May 2025, after which it will elapse permanently.

The amended text stressed that 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.

Template for the reporting

As Regulation 2021/1232 does not provide a template for the reporting, providers shared different types of information which were not necessarily comparable. Members consider it necessary to establish a template to fulfil the obligation for reporting by providers.

PURPOSE: to extend, by two years, the Interim Regulation allowing providers to continue voluntary detection and reporting of child sexual abuse.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Regulation (EU) 2021/1232 (Interim Regulation) lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC (the ePrivacy Directive), with the sole objective of enabling providers of certain number-independent interpersonal communications services to use specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.

As explained in the Interim Regulation, it is intended to provide a temporary solution pending the adoption of a long-term legal framework to tackle child sexual abuse at Union level. The Interim Regulation will expire on 3 August 2024.

The inter-institutional negotiations on the proposed long-term Regulation have not concluded and it is uncertain that they will conclude for the long-term Regulation to enter into force and to apply before the Interim Regulation is set to expire. Therefore, it is necessary to introduce through this proposal a limited time extension to the Interim Regulation , to enable the continuation of the above voluntary activities during a sufficient period of time to allow the inter-institutional negotiations of the long-term Regulation to conclude. This will ensure that child sexual abuse online can be effectively and lawfully combated without interruptions until the long-term regime created by the proposed Regulation is agreed.

CONTENT: the sole amendment to the Interim Regulation brought about by the present Regulation consists of setting out a limited extension of the period of application of the Interim Regulation.

The present Regulation will apply until 3 August 2026.