AI Act negotiations will be an immediate focus, while the Data Act and Gigabit Infrastructure Act will also demand attention and progress over the coming months
Predecessor ensured progress of flagship tech policies: On 1 July 2023, Spain assumed its fifth presidency of the Council of the EU, amid a changing geopolitical, technological and environmental context. The previous incumbent, Sweden, witnessed several tech- and telecoms-focused developments during its tenure, such as the application of the Digital Markets Act and the launch of the EC’s three-part gigabit connectivity push (including its ‘fair contribution’ questionnaire). Though the war in Ukraine, energy, trade and inflation were arguably the foremost priorities for the Swedish Presidency, it did oversee agreements on the Data Act and initiated trilogues on the AI Act, both involving the European Parliament.
Negotiations on the AI Act are set to intensify: Ursula von der Leyen (President, EC) has said that the Spanish Presidency comes at a critical time, with many key legislative files requiring conclusion by the end of the mandate. While working to support the reindustrialisation of the EU, deliver a greater deployment of renewable energy sources and establish minimum and common standards to combat tax evasion by large multinationals, Spain will also have a number of digital priorities. Principal among these is the AI Act, on which the European Parliament voted overwhelmingly in favour on 14 June. This vote paves the way for inter-institutional negotiations between MEPs, the EC and the Council of Ministers – with the first operational trilogue scheduled for 18 July. To progress this landmark legislation, Spain will need to secure political agreement on several issues, from the very definition of AI to the list of ‘high-risk’ use cases.
Spain could use its position to drum up support for ‘fair share’: The Spanish Presidency will also be responsible for advancing the Data Act, which seeks to enable fair access and use of data across the EU. With outstanding concerns about the complexity of this far-reaching legislation, stakeholders (including firms of all sizes) will likely hope Spain can provide the leadership to facilitate its smooth implementation. While Spain has stated little publicly so far on its telecoms priorities, its term is expected to see a vote and subsequent trilogues on the Gigabit Infrastructure Act – something the EC is eager to progress quickly. Given the European Parliament’s apparent backing of ‘fair contribution’, Spain will face calls from certain quarters to develop a framework for big tech to support investments in telecoms networks. Like France and Italy, Spain has already lent its support to the proposal, suggesting it could yet become a focus area for the next six months.
