The European Parliament will in all probability support the candidacy of Mariya Gabriel for the post of Digital Economy Commissioner.
At her hearing on 20 June, the Bulgarian commissioner-designate avoided taking any risks, limiting herself to repeating the political line of the current Juncker Commission and promising to respond to any issues that remain outstanding through dialogue with MEPs.
Taking over the post from Gunther Oettinger at short notice, the former EPP MEP stated that she would argue for a “bottom up” approach and avoid over-regulation.
Gabriel also argued for the same approach on the difficult issue of digital platforms. “Platforms are sources of innovation and creativity. This explains why there is no definition: we need an issue-based approach”, she said in excellent French. “Most platforms host legal content. (For illegal content), there are provisions on limited liability in the directive on e-commerce. This has to be backed up with voluntary measures and the EU must coordinate this dialogue”, she added, referring later to “innovative instruments suggested by the sector”.
Despite her efforts to be precise, many stakeholders took to Twitter to criticise the commissioner-designate’s lack of any real political position. When asked more direct questions by some of her former colleagues, she stated: “My opinion has been shaped by my conversations with members of Parliament and Commission experts. My actions will be governed by dialogue and compromise. I can’t do anything else”.
Main priorities for the next two years. The commissioner-designate was questioned relentlessly for two and half hours by the industry (ITRE), culture (CULT), internal market (IMCO), legal affairs (JURI) and civil liberties (LIBE) committees. Here are her positions on the main issues other than platforms.
Copyright. Gabriel supports the European Commission proposals including on the value gap (Article 13). “Platforms have to be given the means to create and to empower the other players on the chain”, she said. In her view, rights holders should be able to intervene in the event of illegal use of their creation.
Cybersecurity. The commissioner-designate repeated the intentions of her predecessor to re-evaluate, between now and September, the EU cybersecurity strategy and to review the mandate of the European Network and Information Security Agency. “The Commission will also work on proposals for complementary measures on cybersecurity norms and on certification and labelling in order to strengthen the security of connected objects”, she said. On the issue of encrypting, Gabriel was less clear: she first of all stated that this principle should be guaranteed “with no possible way out” before going on to say that legal access should be authorised “under very tightly restricted conditions for reasons of national security”. When asked about monitoring algorithms, she stated that she would give priority to “better understanding” these mechanisms. She said that, at this stage, she had no intention of bringing liability for manufacturers of connected objects.
Free movement of data. Gabriel said that an impact study was being prepared and that she would, indeed, bring forward legislation by the autumn on the free movement of data. She underlined the importance of data portability and accessibility, including for tax inspection.
Telecommunications. The commissioner-designate backed the proposed European telecommunications code, on both management of the radio spectrum and the type of governance. She therefore supported the idea of converting BEREC into a single EU agency: “The structure (of BEREC) needs to be suited to reality. Everyone will have to make a little effort”. On managing the spectrum, she argued for a European solution. “The current priority must be to provide access to unhindered connectivity, with very high speed fixed and mobile infrastructure. … Experience has shown the ex ante regulation of telecommunications is a significant factor in access-based competition, infrastructure-based competition and encouraging joint investment”, she stated in her written answers to questions submitted to her previously by MEPs. At her hearing, Gabriel also gave her thoughts on the cost of intra-EU calls (on which the European Parliament has put down amendments in the reform of the code). She said that the price of traditional calls should fall over the course of the next few years as a result of the appearance of over the top (OTT) operators and universal service obligations.
Ongoing programmes. Gabriel pledged to present a mid-term evaluation report of the Creative Europe programme, including MEDIA, and recommendations for the future, by December of this year.
She twice was applauded: once when she stated her commitment to gender equality and also at the end of her hearing. Her performance will be assessed by the coordinators of the CULT and ITRE committees on Wednesday 21 June and a vote will be held at the plenary session in July. (Original version in French by Sophie Petitjean)