Debate: Defending democracy from foreign interference
Date: WEDNESDAY, 14 DECEMBER 2022
Speaker: Johannes Hahn
Language: EN

In answering your questions of the documents shared with us earlier this year, I will present to you some elements of the upcoming Defence of Democracy package which the Commission President announced, and it was referred to already, but also in this very room, in this year’s State of the Union address. The Defence of Democracy package is scheduled for adoption in the second quarter of 2023 and the following elements are currently considered. First, a legislative proposal to protect our democracies from third—country entities exercising activities in the Union that may impact public opinion and the democratic sphere. Second, a review of actions under the European democracy action plan. Third, measures on secure and resilient elections, including, among others, cybersecurity measures in electoral processes. Fourth, the Commission is in the process of gathering additional information to refine the scope of the measures to be included in the package. The Commission is gathering information with the study, is organising consultations with relevant stakeholders and we are following carefully the work of the INGE II Committee. The new measures will tie in with numerous existing initiatives such as the Digital Service Act and the revised code of practice on disinformation, as well as initiatives which still need to be adopted by the co-legislators, such as the proposal on the transparency and targeting of political advertising, on strategic lawsuits against public participation and the recast of the regulation on the statute and funding of European political parties and foundations and the Media Freedom Act. In this regard, the Commission would also like to call on the support of the European Parliament to finalise the legislative procedure for the adoption of these proposals. The European External Action Service, in close cooperation with the European Commission, has continued its work on foreign information manipulation and interference and disinformation, which has been considerably strengthened through the European democracy action plan and the Strategic Compass, as well as other initiatives such as the revised code of practice on disinformation or the European Digital Media Observatory. Now coming to the question of protection of critical infrastructure, there’s a separate framework and work stream dealing with this matter of security of critical infrastructure, and the Council discussed this only recently. With regard to election—related infrastructure, the Commission stated in the European democracy action plan that marking electoral processes or aspects of their administration as critical infrastructure could render more effective efforts to address specific threats. The Commission considers that cooperation among Member States to ensure resilient electoral processes is essential, and we will continue to use the European cooperation network on elections to deliver on its commitments on election—related matters. Specific measures at EU level will be taken to protect election infrastructures against cyberattacks, such as the update of the compendium on cybersecurity of election technology and practical exercises to explore risks and preparedness. The honourable Members also ask whether the new measures will tackle the issue of former European officials working for hostile foreign entities. On this topic, the package that aims to provide more transparency regarding covert foreign influence will build on a solid framework of rules on the specific issue of former European officials. There are a number of provisions in place which regulate already the activities of former staff, such as the Staff Regulations and more detailed administrative provisions for the staff of each institution. As confirmed by a recent audit from the European Court of Auditors and the inquiry of the European Ombudsman on the ‘revolving doors’ phenomenon, the Commission has a robust ethical framework in place. With regard to members of other EU institutions, the Court of Auditors, the Court of Justice and the European Central Bank have adopted rules on post—mandate activities applicable to their former members. For officials in place, the Commission would like to refer to its existing regulations, which provide for basic requirements for recruitment and obligation for officials to conduct themselves solely with the interests of the Union in mind. Any signs of conflict of interest or activities are reported and duly followed up at the appropriate level. Staff members are also obliged to follow a course of ethics, which alerts staff members to potential risks, especially in certain directorates—general which are more exposed to links with third countries. As Commissioner Johansson mentioned at this place yesterday, we must criminalise all forms of corruption in all Member States. That is why next year we will propose a new law that will impose tougher penalties for bribery, trafficking and influence, embezzlement and abuse of power. Regarding the issue on the extent to which the package includes a whole—of—society approach, we have taken this approach already in the European democracy action plan. All sectors need to be involved and accountable: public authorities and politicians, media and civil society, industry and also online platforms. Civil society in particular will benefit from the elements of the package in several ways by supporting the development of tools to address covert influence through funding by third countries. We will help civil society to better understand where different actors are coming from. As part of the review of the European democracy action plan, the Commission will also look at actions which involve civil society, including by developing civic space and citizens’ participation to bolster democratic resilience from within. Regarding funding itself, the Commission is currently providing a number of funds to civil society, researchers and practitioners. For instance, under Horizon Europe or citizenship equality rights in various programmes. Finally, I would like to address the question inquiring whether the Commission will use the INGE report as the basis for drafting the Defence of Democracy package. I would like to thank the honourable Members and the special committee, as well as the rapporteur, Ms Kalniete, for this very broad and exhaustive document. We have carefully read the report and followed with a written reply on 30 August 2022. I hope that the detail in the reply shows how we found the report to be very rich and stimulating. We are following and actively participating in the works of the INGE II committee. These fruitful exchanges, the report and all related documents will help us to the development of the Defence of Democracy package and help identify the most relevant issues that need to be addressed. In particular, the issue of defence of the EU democratic sphere from covert foreign influence.