EC Work Programme 2022: EU aims to lead the way for secure and human-centric technology

The document focuses on the digital and green transitions while tackling the challenges posed by the pandemic in a sustainable manner. It also includes a “one-in, one-out” approach to EU law-making, with the purpose of “mak[ing] sure that EU legislation delivers concrete benefits while minimising avoidable administrative burden on EU citizens and businesses, especially small- and medium-sized enterprises”.

In an accelerated digitalisation transformation catalysed by the pandemic, the Commission is determined to “to lead the way in the global race for trustworthy, secure and human-centric technology”.

Main new initiatives to achieve “A Europe Fit for the Digital Age”

Tentative calendar, subject to changes:

To be presented in the first quarter of 2022:

• Single market - Single Market Emergency Instrument (legislative proposal)
• Security and defence - Roadmap on security and defence technologies (non-legislative proposal)

To be presented in the second quarter of 2022:

• Semi-conductors - European Chips Act (legislative or non-legislative proposal)
• Innovative and sustainable space - Building an EU space-based global secure communication system (legislative proposal) and EU strategy for space traffic management (non-legislative proposal)

To be presented in the third quarter of 2022:

• Cyber resilience - European Cyber Resilience Act (legislative proposal)
• Digital in education and skills - Recommendations on digital education and training (non-legislative initiatives)

To be presented in the fourth quarter of 2022:

• Multimodal digital mobility: Multimodal digital mobility services (legislative)

The Data Act, which had been expected to be presented in December 2021, has been delayed to the first quarter of 2022.

Besides these proposals, there are other initiatives encompassed in different policy objectives that will have an impact on the digital and technological sectors, such as the European Media Freedom Act and the Circular Economy - right to repair initiative. Both of these legislative proposals are due to be presented in the third quarter of 2022.

“A Europe Fit for the Digital Age” – Priority pending proposals

Currently, several legislative initiatives within the digital and technological domain are being negotiated by the co-legislators: the Council of the EU, and the European Parliament. Although in some cases discussions on the texts are taking longer than initially expected, the following legislative initiatives have already started, or are about to start inter-institutional “trilogue” negotiations:

• Regulation on contestable and fair markets in the digital sector (DMA - Digital Markets Act)
• Regulation on a Single Market for Digital Services (DSA - Digital Services Act. The vote in the plenary of the European Parliament is foreseen for January 2022. If approved, trialogue negotiations could start soon after the voting)
• The Digital Operational Resilience Act for the financial sector (DORA)
• Directive on measures for a high common level of cybersecurity across the Union (NIS 2 Directive)

Negotiations about the Regulation on Privacy and Electronic Communications (ePrivacy Regulation) had been stalled for several years but trilogue meetings finally began in May 2021. However, the file is still progressing at a slow pace.

The Parliament and the Council have recently achieved an agreement on the following proposals:

• Regulation on European data governance (Data Governance Act)
• The pilot regime for market infrastructures based on distributed ledger technology (DLT)

Neither the Parliament nor the Council has yet reached an internal position about the following pending priority proposals:

• Recast of the Regulation establishing a framework for a European Digital Identity
• Regulation on foreign subsidies distorting the internal market
• Regulation on Artificial Intelligence (AIA – Artificial Intelligence Act)
• Regulation on machinery products
• Regulation on Markets in Crypto-assets (MiCA) (the Council reached an agreement on 24 November)

Regulatory fitness and performance (REFIT) programme 

In 2022, the Commission is planning to review the following digital initiatives:

• Revision of the vertical block exemption Regulation and of the vertical guidelines (non-legislative)
• Revision of the horizontal block exemption Regulation and of the horizontal guidelines (non-legislative)
• Revision of certain procedural aspects of EU merger control (non-legislative)
• Revision of the notice on market definition (non-legislative)
• Proposal for an EU governments interoperability strategy (legislative)
• Revision of the State aid guidelines for broadband networks (non-legislative)
• Revision of the Design Directive
• Revision of the Community design Regulation (legislative)
• Revision of the legislation on supplementary protection certificates (legislative)

Regarding the implementation and enforcement of EU law, as stated in the work plan, the Commission “will continue to work with and support Member States to ensure the swift and full implementation of new and existing EU rules and will not hesitate to uphold EU law through infringement proceedings where needed”.

The five Annexes to the 2022 Commission work programme are available here.

Priorities of the incoming French presidency

On 9 December, Emmanuel Macron announced the main priorities of the French presidency of the Council of the EU. Concerning the digital domain, the priority of the French Presidency will be “the economic regulation and accountability of platforms, especially with regard to hate speech, with legislation on digital services and markets (DSA and DMA)”. The political will to take these initiatives forward is extremely strong; the French Presidency has announced its goal of reach a final agreement on the DSA and DMA by June 2022.

President Macron stated: “The French presidency must be a moment of truth for the regulation and accountability of digital platforms, the carbon pricing at European borders on imported products, minimum wages, and our relationship with Africa.”

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