Regulation 2024/1307 - Amendment of Regulation (EU) 2021/1232 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 - Main contents
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Regulation (EU) 2024/1307 of the European Parliament and of the Council of 29 April 2024 amending Regulation (EU) 2021/1232 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2024/1307 |
| Original proposal | COM(2023)777  |
| CELEX number i | 32024R1307 |
| Document | 29-04-2024; Date of signature |
|---|---|
| Signature | 29-04-2024 |
| Effect | 15-05-2024; Entry into force Date pub. +1 See Art 2 |
| End of validity | 03-04-2026; Linked to 32021R1232 |
Official Journal of the European Union |
EN L series |
2024/1307 |
14.5.2024 |
REGULATION (EU) 2024/1307 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2024
amending Regulation (EU) 2021/1232 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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2), in conjunction with Article 114(1), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Regulation (EU) 2021/1232 of the European Parliament and of the Council (3) 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 (the ‘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 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,... |
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