On 16 January 2018, the EU Council consulted the Permanent Representatives’ Committee (“Coreper”) in relation to the Proposal for a Directive on Copyright in the Digital Single Market (“Proposal Directive”). The two key enquiries addressed to Coreper regarded (a) press publishers’ rights (Article 11 of the Proposal Directive); and (b) monitoring obligations for Internet/digital service providers (“DSPs”) that allow users to upload content on their platforms (Article 13 of the Proposal Directive). Following Coreper’s suggestions, on 6 February 2018 the EU Council issued a Discussion Paper stating its current position on the matter. In relation to Article 13, the main focus revolves around defining which DSPs fall within the scope of the provision and when such DSPs are communicating works to the public. According to the EU Council’s latest suggestion, a DSP is communicating works to the public “when it plays an indispensable role and intervenes in full knowledge of the consequences of its actions to give the public access to copyright protected works or other protected subject matter uploaded by their users”. If such a definition were to be accepted in the final version of the Proposal Directive, DSPs meeting those conditions would not be able to trigger the so-called safe harbour protection envisioned under Article 14 of the E-Commerce Directive 2000/31/EC.