COUNCIL DECISION of 12 December 1991 adopting a programme for the establishment of an internal information services market (91/691/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by virtue of the economic importance of information, the creation of an internal information services market occupies an essential place in the strengthening of the internal market between now and the end of 1992;
Whereas the initial results of the implementation of the plan of action for setting up an information service market adopted by Council Decision 88/524/EEC (4) indicate that a further programme is necessary;
Whereas there are numerous legal, administrative, fiscal and technical barriers to the development of an internal information market which are hindering the setting up of new services and in some cases causing distortions of competition;
Whereas the development of information resources and information-based services requires the application of new technologies in European cooperation;
Whereas the Community has a competitive position which is strong in some sectors of the information market but needs to be strengthened in others, without creating distortions of competition;
Whereas the need for simplification of procedures as well as harmonization in the field of database access should undergo priority scrutiny;
Whereas the needs and legitimate demands of users of information services, particularly in small and medium-sized enterprises (SMEs) and in the less favoured regions of the Community, merit special attention;
Whereas there should be adequate means of informing SMEs of the programme and encouraging them to take part in it;
Whereas the different rates of development in the provision and use of information services in the Member States deserve special attention, having regard to the internal cohesion of the Community and the working of the internal market;
Whereas that part of the amount estimated as necessary which is intended to finance pilot and demonstration projects may be used, in particular, to attract possible additional sources of funding from the partners concerned, thereby having a multiplier effect on the development of the European information services market;
Whereas any information market policy must be complementary to other ongoing Community initiatives, notably in the field for telecommunications;
Whereas provision should be made for a four-year programme;
Whereas the funds estimated as necessary for the implementation of the programme amount to ECU 64 million; whereas the funds estimated as necessary for the period 1991/92, within the current financial perspective, amount to ECU 21,6 million;
Whereas the amounts to be committed for financing the programme after financial year 1992 should be included in the Community financial framework in force;
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those laid down in Article 235 thereof,
HAS DECIDED AS FOLLOWS:
Article 1
A programme is hereby set up with the following objectives:
- to establish an internal information service market,
- to identify the strength and weaknesses of existing information services in the Community and to stimulate and reinforce the competitive capability of European suppliers of information services,
- to promote the use of advanced information services,
- to reinforce European cooperation in order to achieve a Community information services policy, paying particular attention to SMEs, the differences between the various regions and the development lag of the favoured regions in the Community,
- to make use of the results supplied by other Community or national programmes with a view to strengthening the information services market.
Article 2
In order to attain the objectives referred to in Article 1, the following measures shall be undertaken under the responsibility of the Commission, in accordance with the action lines in Annex I and the detailed implementing arrangements set out in Annex II:
- improving the understanding of the internal information market,
- overcoming legal, administrative and technical barriers,
- increasing user-friendliness and improving information literacy,
- supporting strategic information initiatives.
None of these measures shall duplicate the work carried out in these areas under Community or national programmes.
Article 3
1. The programme shall cover a period of four years.
2. The amount estimated as necessary for the execution of the programme amounts to ECU 64 million, of which ECU 21,6 million are for the period 1991/92 under the 1988 to 1992 financial perspective. The amount required for the subsequent period of application of the programme shall be included in the Community financial framework in force.
3. The budgetary authority shall determine the appropriations available for each financial year with reference to the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.
4. The Community's financial contribution to each line of action shall a shared-cost basis normally be 50 %.
Article 4
1. The Commission shall be responsible for implementing the programme. It shall be assisted by a committee of an advisory nature composed of the representative of the Member States and chaired by the representative of the Commission.
2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 5
1. Notwithstanding Article 4, the procedure described in paragraphs 2 and 3 below shall apply to preparation of the annual work programmes for carrying out the action lines referred to in Annex I, to the breakdown of budgetary expenditure, to the implementation of a more flexible funding scheme than calls for proposals, to the consideration, in exceptional cases, of unsolicited proposals for projects, to support for prejects under action line 3 in Annex I and to strategic information initiatives involving a Community financial contribution in excess of ECU 500 000.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Articles 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer application of the measures which it has decided for a period of three months from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the foregoing subparagraph.
Article 6
At mid-term and at the end of the programme, the Commission shall submit to the European Parliament and to the Council, once the committee referred to in Article 4 has examined it, an evaluation report drawn up by independent experts on the results obtained in implementing the action lines referred to in Article 2 and may present, on the basis of these results, proposals for adjusting the orientation of the programme. The annual report of the European Information Market Observatory (IMO) and the regular reports by the Legal Advisory Board shall also be submitted to the European Parliament, the Council and the Economic and Social Committee.
Article 7
1. The Commission is hereby authorized to negotiate agreements with third countries taking part in the development of the information services market with a view to associating them wholly or partially with the programme. The negotiation of these agreements shall be based on the criterion of mutual advantage.
2. Before entering into the negotiations referred to in paragraph 1, the Commission shall inform the Council of its intention to negotiate and of the terms of reference of the negotiations. The Commission shall take account of the Council's opinion.
Article 8
This Decision shall take effect on the day of its adoption.
Done at Brussels, 12 December 1991.