Sweden has recently elaborated on the digital policy areas it aims to progress during its current six-month Presidency of the Council of the European Union, which runs until the end of June 2023. The newly elected Prime Minister Ulf Kristersson delivered a speech on 17 January at the European Parliament in Strasbourg, stating that the country’s overriding priority is to make Europe greener, safer and freer. The Swedish government’s official programme for the EU Presidency highlights four main policy areas including security, competitiveness, green and energy transitions, in addition to democratic values and the rule of law. This article focuses on the digital measures that have the potential to be instrumental in the development of a digital single market.
A natural starting point for the Swedish Presidency is to establish a path towards strengthening EU competitiveness in the long term and removing regulatory burden to boost European businesses.
On 8 February 2022, the European Commission President Ursula von der Leyen announced the European Chips Act, establishing a framework of measures for strengthening Europe's semiconductor ecosystem. The semiconductor industry ranges from any digital device to critical applications and infrastructures in health, energy, communications, and automation and is of significant strategic value. The Chips Act defines policy actions to achieve less dependency on third countries in the context of the recent global shortage of semiconductors. The framework is designed to promote the conditions necessary for the competitiveness and innovation capacity of the European Union and to facilitate the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. In addition, the framework aims to improve the EU’s resilience and security of supply in the field of semiconductor technologies.
The European Parliament’s Industry and Energy Committee (ITRE) has adopted two draft bills: one on the Chips Act and a second one on the “Chips Joint Undertaking” to increase investments in order to develop a European ecosystem. As the inter-institutional negotiations between the Parliament, Council and Commission (trilogue) is set to begin, the Swedish Presidency will move negotiations forward to finalise an agreement. Once adopted, the Regulation will be directly applicable across the EU.
In the area of intellectual property, the Swedish Presidency will highlight the entry into force of the unitary patent system and the establishment of a new patent court, which is hoped will stimulate research, development and investment in innovation and growth in the EU. Furthermore, the Presidency will initiate negotiations on a review of the design protection legislation and preside over informal discussions on protected geographical indications for craft and industrial products.
To enable a harmonised single market and create better conditions for data exchange and IT solutions in the context of national and EU administrations, the Presidency will try to advance negotiations on a European electronic ID and digital wallet system. This initiative is designed to provide citizens and companies with a safe method to share information and verify their identity across Member States. The revised regulation aims to ensure universal access for people and businesses to secure and trustworthy electronic identification and authentication by means of a personal digital wallet on a mobile phone.
The Swedish Presidency and the Ministry of Finance plan to organise an event on “Sustainable AI and AI for Sustainability” in Gothenburg on 2-3 May, with the aim of increasing knowhow and identifying future opportunities and challenges concerning AI and sustainability. In addition, the Presidency will coordinate a conference on deep tech entrepreneurship for an innovative, resilient, and competitive internal market and a digital assembly with the European Commission, both events taking place in June.
Another EU proposal which is expected to be pushed forward by the Swedish President is the proposed Artificial Intelligence Act (AIA) which aims to provide AI developers, deployers and users with clear requirements and obligations regarding specific uses of AI. The Council of the EU adopted its common position (general approach) on the AI Act in December 2022. The Parliament is expected to vote on its position by end of March 2023. When both institutions have adopted their respective positions, trilogue negotiations can begin and Sweden will try make as much progress as possible before June.
On 23 February 2022, the European Commission published the European Data Act (Data Act), which is a proposal for a regulation to establish a harmonised framework for industrial, non-personal data sharing in the EU. The European Parliament’s leading committee on the issue, the Industry Committee (ITRE) recently adopted its position on the Data Act and a plenary vote to adopt the Report by the whole Parliament is currently penciled in for the March 13-16 session. Meanwhile the Swedish Presidency is continuing to work on reaching a compromise position in the Council. Once both institutions have adopted their respective positions, Sweden will make a strong push to wrap up trilogue negotiations by the end of June so that the Presidency can finalise the text during its mandate. This however is a very ambitious timeline.
The forthcoming Cyber Resilience Act aims to ensure that hardware and software products have fewer vulnerabilities. It introduces new obligations for manufacturers to put in place security measurements throughout the products life cycle and to inform any incident to the users of the products with digital elements placed on the market. For users, the aim is to enhance transparency of the security properties and enable secure digital elements for businesses and consumers. The Presidency objective is to advance the negotiations as far as possible in the Council on the Cyber Resilience Act.
Many of the aforementioned proposals, which are key to the EU’s digital and green transitions, are already under negotiation or will enter into trialogue during the Swedish Presidency. Sweden will try to finalise, or at least achieve significant progress, with these files between now and the end of June 2023.
For more information, please contact Julia Klingberg