The Commission’s 2022 draft law to fight child sexual abuse material online, for example, could be destined for the cut, having become a headache for every country holding the rotating EU presidency. Poland was the latest to fail at brokering a deal in the first half of this year. Two entrenched blocs have refused to compromise — some governments won’t accept measures undermining encryption, while others see it as necessary; there seems to be no middle ground.
Likewise, the Victims’ Rights Directive failed to pass despite being championed by the Polish presidency after legislators expressed concerns over the wider implications of the measures. Designed to give those affected by crimes a number of basic rights and expectations, it is seen as unlikely to progress any time soon, a further two officials who worked on the file said.
Climate change could also be in the spotlight. The last part of the Commission’s “Fit for 55” clean transition agenda that remains to be passed, for example, is an update to the Energy Taxation Directive, which remains unworkable without the support of member countries despite a series of compromise proposals. Intended to rationalize the duties paid on fuels, it has led to fears among island nations that it would make flights more expensive, and to fierce lobbying over carveouts for private jets.
Money matters
The Commission’s financial services authority intends to fight to save a number of core files that have dragged on for longer than two years, according to an official with knowledge of the matter. They include the Payment Services Directive, designed to bolster Europe’s private payment sector; and the financial access to data framework (FiDA), which would force banks to share data with customers and other third parties, the official said.
Of the two, FiDA is seen as more at risk. The proposal, which has faced fierce resistance from banks and insurers, only narrowly escaped the axe earlier this year thanks to eleventh-hour rearguard action by financial services czar Maria Luís Albuquerque.
“I would not be surprised if they have a go at it again,” said the official. “It would be damaging for innovation and the data economy, but protecting incumbents may weigh more in the calculation.”