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Lead ITRE Committee Discussed Outcomes of Second Trilogue

On 28 June 2023, MEPs of the lead Committee on Industry, Research, and Energy (ITRE) met and were briefed on the outcomes of the second informal interinstitutional (trilogue) negotiations on the European Digital Identity proposal that took place on the 23 May in Brussels, and the prospects for the third trilogue, which is scheduled for the evening of 28 June 2023.

Analysis

During the lead ITRE Committee meeting, rapporteur Romana Jerković (S&D, Croatia) briefed MEPs on 28 June on the outcomes of the second trilogue.

The first trilogue took place on 21 March, while the second trilogue was held on 23 May, and the third is scheduled for today's evening, the 28 June 2023.

Then, on 30 June, Council’s Permanent Representatives Committee (COREPER I) is schedueled to meet to be briefed by the Swedish Council Presidency on the outcomes of the third trilogue.

 

1. Outcomes of the second trilogue on 23 May 2023 and European Parliament's position

During the lead ITRE Committee meeting, rapporteur Romana Jerković (S&D, Croatia) presented the two points that were discussed during the second trilogue as being related to:

1. Relying parties. Whether the relying parties should have the national obligation to register with the national authorities, and whether the relying parties should be obliged to accept the use of pseudonyms in the situations in which the law allows for that use.

Rapporteur Romana Jerković (S&D, Croatia) concluded that on this matter a good outcome for the European Parliament was achieved since the text now explicitly introduces obligations of the relying parties to register with the national authorities before any form of interaction between the user and the wallet takes place. In addition, the relying parties will have to accept the use of pseudonyms in electronic transactions.

 

2. Governance. According to rapporteur Romana Jerković (S&D, Croatia), the European Parliament has introduced the creation of the single point of contact and the establishment of the European Board, which would help to facilitate the coordination at the EU level.

The Council has accepted the majority of the Parliament’s text on governance. For the Council it was important that the Board will not have any executive power, and rather be limited to an advisory role. The Parliament agreed with the Council on this matter.

As such, Rapporteur Romana Jerković (S&D, Croatia) also considered this as being a good outcome for the Parliament.

 

2. Open questions that remain

Even though Rapporteur Romana Jerković (S&D, Croatia) briefed on some progress made during the second trilogue, several relevant questions remain open:

  • Unique identifier;
  • Wallet;
  • Penalties.

 

3. Prospects for the third trilogue on 28 June 2023

On the evening of 28 June 2023, the third trilogue is scheduled to take place. 

An ambitious package with ten items is to be discussed according to Rapporteur Romana Jerković (S&D, Croatia). However, Jerković  expressed during the lead ITRE Committee meeting that this agenda may not be realistic and that the negotiations will probably not end during the Swedish Presidency of the Council.

Jerković remains optimistic and considers that the political goals of the Parliament and of the Council are compatible.

Furthermore, the negotiations are likely to continue with the Spanish Council Presidency that will take office on 1 July 2023.

Next steps

The proposal follows the ordinary legislative procedure (previously co-decision) under the Lisbon Treaty.

As the European Parliament and Council have respectively adopted their negotiating position and negotiating mandate (General Approach), informal interinstitutional (trilogue) negotiations between the co-legislators will take place with a view to reach a first reading agreement on the proposal.

Additionally, the Council’s Permanent Representatives Committee (COREPER I) is scheduled to meet on 30 June 2023.

If the co-legislators reach an informal political agreement (provisional agreement) during the trilogues, the text of the agreement will be submitted to the ITRE Committee for approval and then to the plenary for adoption.

Once adopted by MEPs in plenary, the text will be sent to Council for approval, first by the Permanent Representatives Committee (COREPER) and then by a subsequent Configuration for final adoption.

Once approved by both co-legislators, the agreed text would then be published in the EU Official Journal. Under the Commission’s proposed text, the measure would enter into force on the twentieth day following that of its publication.

Key players

European Commission

  • Commissioner for Internal Market: Thierry Breton;
  • Executive Vice-President for a Europe Fit for the Digital Age: Margrethe Vestager.

 

European Parliament

Industry, Research and Energy (ITRE) Committee - Lead

  • Rapporteur: Romana Jerković (S&D, Croatia);
  • Shadow Rapporteurs: Riho Terras (EPP, Estonia); Alin Mituța (Renew Europe, Romania); Peksa Mikuláš (Greens/EFA, Czech Republic); Paolo Borchia (ID, Italy); Robert Roos (ECR, the Netherlands); Elena Kountoura (GUE/NGL, Greece). 

 

Committee on Internal Market and Consumer Protection (IMCO) - Associated

  • Rapporteur: Andrus Ansip (Renew Europe, Estonia);
  • Shadow Rapporteurs: Tom Vandenkendelaere (EPP, Belgium), Adriana Maldonado López (S&D, Spain), Marcel Kolaja (Greens/EFA, Czech Republic), Virginie Joron (ID, France), Adam Bielan (ECR, Poland), and Anne-Sophie Pelletier (GUE/NGL, France).

 

Committee on Legal Affairs (JURI) - Associated

  • Rapporteur: Pascal Arimont (EPP, Belgium);
  • Shadow Rapporteurs: Brando Benifei (S&D, Italy), Karen Melchior (Renew Europe, Denmark), Patrick Breyer (Greens/EFA, Germany), and Emmanuel Maurel (GUE/NGL, France).

 

Committee on Civil Liberties Justice and Home Affairs (LIBE) - Associated

  • Rapporteur: Cristian Terheş (ECR, Romania);
  • Shadow Rapporteurs: Tom Vandenkendelaere (EPP, Belgium), Marina Kaljurand (S&D, Estonia), Yana Toom (Renew Europe, Estonia), Patrick Breyer (Greens/EFA, Germany), and Cornelia Ernst (GUE/NGL, Germany).

 

Council

  • Spanish Presidency;
  • Swedish Presidency;
  • Czech Presidency;
  • French Presidency; 
  • Slovenian Presidency;
  • Portuguese Presidency.
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