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by Vt71fcAqt7 1208 days ago
The way appositives work is that they qualify the preceding subject. Here you have two appositives so you can read "where applicable" as qualifying "including end-to-end encryption" or "the level of security." If "where applicable" is qualifying "the level of security" the staement reads "the level of security, where applicable, that the gatekeeper provides to its own end users shall be preserved accross the interoperable services." (And this seems to me the most accurate meaning. In any case it can be read that way.) Even if it is qualifying "the level of security" it is still in the end only "where applicable" which can still be read to mean the same thing. In fact, reading "where applicable" to mean "where already existing" as you implied, is redundant because it is already given in "shall be preserved" and "the level of security." Now we can read "where applicable" to imply that e2ee does not apply when the EU says it shouldn't.
1 comments

Civil law countries don't like textualism. The spirit/intent of the law can often trump a literal interpretation of the text, so all this grammatical arguing is moot.
Even worse.
Care to explain why?
If we can ignore what the law says in favor of its spirit, then the law certainly means that the EU can "shut off" e2ee at any point, given their track record. Second, even if the above is false, it doesn't matter as whoever gets to decide "the spirit" of this law can say that it doesn't apply to terrorists, or doesn't apply durring x type of situation.