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

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(1) Regulation (EU) 2021/1232 of the European Parliament and of the Council9 provides for a temporary regime in respect of 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. That Regulation applies until 3 August 2024.

(2) The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse10 aims to provide that long-term legal framework. However, the inter-institutional negotiations on that proposal have not yet been concluded and it is uncertain whether they will be concluded on time for the long-term legal framework, including any amendments to Regulation (EU) 2021/1232 that it may contain, to be adopted, to enter into force and to apply before 3 August 2024.

(3) It is important that child sexual abuse online can be effectively combated, in accordance with the applicable rules of Union law, including the conditions set out in Regulation (EU) 2021/1232, without interruptions pending the conclusion of those inter-institutional negotiations and the adoption entry into force and application of the long-term legal framework.

(4) Therefore, Regulation (EU) 2021/1232 should be amended to extend its period of application for an additional period of time strictly necessary to adopt the long-term legislation.

(5) Considering the need to ensure, in a timely manner, legal certainty, as well as the limited nature of the amendment, namely the extension of the period of application of the existing regime, it is appropriate to provide that this Regulation enters into force as soon as possible.