Who did expect that for the second reading in the European Parliament? 2:0 for the internet community. The Trautmann report was carried with the famous amendment know as “138” which had been retabled to plenary by Greens, ALDE,… which is the following:
(fb) applying the principle that no restriction maybe imposed on the fundamental rights and freedoms of end-users without a prior ruling of the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened, in which case the ruling may be subsequent.
A slap in the face of the French government and their attacks on the mere conduit principle of electronic communications. Additionally the “compromise” recital 12 was carried on top:
3a) Recognising that the internet is essential for education and for the practical exercise of freedom of expression and access to information, any restriction imposed on the exercise of these fundamental rights should be in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Concerning these issues, the Commission should start a wide public consultation.
The discussion in Council is not anymore at the level of Coreper but it should be on the agenda of the next Telecom Council after it is translated by the jurists-lingusts. However the Presidency is unable to say when the next Telecom council would take place because they await the designation of the new industry & telecom Minister.
As you will read in the diagramme here : the ball is now in the camp of the Council which can decide to accept all EP amendments, including 138 thus, or to open conciliation. If a conciliation procedure is open, then it is a total new procedure.