1999D0276 — EN — 20.11.2003 — 002.001 — 1
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►B►M1 DECISION No 276/1999/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of25January1999
adoptinga Multiannual CommunityAction Plan on promoting safer useof the Internet andnew
onlinetechnologies bycombatingillegal andharmfulcontentprimarily inthe area oftheprotec-
tionofchildrenandminors ◄
(OJ L 33, 6.2.1999, p. 1)
Amended by:
Official Journal
No page date
►M1Decision No 1151/2003/EC of the European Parliament and of the
Council of 16 June 2003L 162 1 1.7.2003
►M2Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
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DECISION No 276/1999/EC OF THE EUROPEAN PARLIA-
MENTANDOFTHECOUNCIL
of25January1999
adopting a Multiannual Community Action Plan on promoting
saferuseoftheInternetandnewonlinetechnologiesbycombatingillegal and harmful content primarily in the area of the protection
ofchildren andminors
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 129a(2),
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 189b of
the Treaty (4),
(1)Whereasthe Internet offerspos itive benefitsin particular in
education, by empowering consumers, lowering the barriers to
the creation and distribution of content and offering wide accessto even richer sources of digital information, as recognised bythe Council and the representatives of the Governments of theMember States, meeting within the Council on 17 February1997 in their resolution on illegal and harmful content on the
Internet (
5);
(2)Whereas, however, the amount of harmful and illegal content
carried over the Internet, while limited, could adversely affectthe establishment of the necessary favourable environment forinitiativesand undertakingsto flouris h;
(3)Whereas it is essential, in order to ensure that consumers makefull use of the Internet, that a safer environment for its use is
created by combating illegal use of the technical possibilities of
the Internet in particular for offencesagains t children and traf-ficking in human beings or for the dissemination of racist andxenophobic ideas;
(4)Whereas consumers should be afforded a high level of protec-tion; whereasthe Community s hould contribute thereto byspecific action which supports and supplements the policy
pursued by the Member States regarding information for consu-
mers on the safer use of the Internet;
(5)Whereas promotion of industry self-regulation and content-moni-toring schemes, development of filtering tools and rating systemsprovided by the industry and increased awareness of industrys ervicesaswell asfos tering international cooperation betweenall partiesconcerned will play a crucial role in cons olidating
that safer environment and contribute to removing obstacles to
the development and competitiveness of the industry concerned;
(6)Whereas on 24 April 1996 the Council requested the Commis-sion to produce a summary of problems posed by the rapid1999D0276 — EN — 20.11.2003 — 002.001 — 2
(1) OJ C 48, 13. 2. 1998, p. 8, and OJ C 324, 22. 10. 1998, p. 6.
(2) OJ C 214, 10. 7. 1998, p. 29.
(3) OJ C 251, 10. 8. 1998, p. 51.
(4) Opinion of the European Parliament of 2 July 1998 (OJ C 226, 20. 7. 1998,
p. 33), Council common position of 24 September 1998 (OJ C 360, 23. 11.
1998, p. 83) and Decision of the European Parliament of 17 November 1998
(OJ C 379, 7. 12. 1998). Council Decision of 21 December 1998.
(5) OJ C 70, 6. 3. 1997, p. 1.▼M1
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development of the Internet and to assess, in particular, the
desirability of Community or international regulation;
(7)Whereas on 23 October 1996 the Commission transmitted acommunication to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the
Regionson illegal and harmful content on the Internet and aGreen Paper on the protection of minorsand human dignity inaudiovisual and information services;
(8)Whereasthe Council and the repres entativesof the Governmentsof the Member States, meeting within the Council, in theirabovementioned resolution of 17 February 1997 welcomed the
report of the Commission working party on illegal and harmful
content on the Internet and requested Member States and theCommission to undertake a number of actions;
(9)Whereas, in its resolution of 24 April 1997 on the Commissioncommunication on illegal and harmful content on the Internet (
1),
the European Parliament called on the Member Statestostrengthen administrative cooperation on the basis of joint guide-
lines and on the Commission to propose, after consulting the
European Parliament, a common framework for self-regulationat European Union level;
(10)Whereasin the minis terial declaration adopted during the Inter-national Ministerial Conference entitled ‘Global informationnetworks: Realising the potential’, held in Bonn on 6 to 8 July1997 at the initiative of the German Government, Ministers
stressed the role which the private sector can play in protecting
the interests of consumers and in promoting and respectingethical standards, through properly functioning systems of self-regulation in compliance with and supported by the legal system;whereasthey encouraged indus try to implement open, platform-
independent content rating systems, and to propose rating
services which meet the needs of different users and takeaccount of Europe's cultural and linguistic diversity; whereasministers further recognised that it is crucial to build trust andconfidence in global information networks by ensuring that basichuman rights are respected and by safeguarding the interests of
society in general, including producers and consumers;
(11)Whereason 24 September 1998 the Council adopted a recom-
mendation on the development of the competitiveness of theEuropean audiovisual and information services industry bypromoting national frameworksaimed at achieving a comparableand effective level of protection of minorsand human dignity (
2),
hereinafter designated recommendation on the protection of
minorsand human dignity; whereasthisaction plan will be
implemented in close coordination with the Council recommen-dation;
(12)Whereas cooperation from the industry in setting up voluntarysystems of self-regulation can efficiently help to limit the flowof illegal content on the Internet;
(13)Whereas European coordination of representative and self-regu-lating bodies is essential for the Europe-wide effectiveness of
such systems; whereas, to this effect, industry self-regulatory
systems including representative bodies for Internet serviceproviders, consumers and users, and effective codes of conductshould be encouraged within the regulatory framework in force;if necessary hot-line reporting mechanisms which allow users toreport content which they consider illegal should be made avail-
able to the public;
(14)Whereas any hot-line reporting mechanisms should support and
promote measures taken by the Member States; whereas duplica-tion of work should be avoided; whereas possible hot-line1999D0276 — EN — 20.11.2003 — 002.001 — 3
(1) OJ C 150, 19. 5. 1997, p. 38.
(2) OJ L 270, 7. 10. 1998, p. 48.
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reporting mechanisms could be established in cooperation with
the law-enforcement authoritiesof the Member States ; whereasthe responsibility for prosecuting and punishing those respon-
sible for illegal content should remain with the national law-
enforcement authorities;
(15)Whereas it is necessary to promote on a European level theprovision to consumers of filtering tools and the setting up ofrating systems, for example the platform for Internet contentselection (PICS) standard launched by the international World
Wide Web consortium with Community support;
(16)Whereasawarenes sactivitieswhich are performed in theMember Statesand which s hould have an additional European
value should be encouraged so that users understand not onlythe opportunitiesbut als o the drawbacksof the Internet, in orderto increase use of services provided by industry; whereasparents, educators and consumers, in particular, should be suffi-
ciently informed so as to be able to take full advantage of
parental control software and rating systems; whereas thereshould be a multiannual action plan on promoting safer use ofthe Internet (‘action plan’);
(17)Whereas it is essential to engage in cooperation activities withinternational organisations and third countries for the purpose ofimplementing thisaction plan and extending itsreach beyond the
European Union, given the global character of the problems
encountered on the Internet, requiring global solutions;
(18)Whereasany content policy actionss hould be complementary toongoing national and Community initiatives, as outlined notablyin the Commission's action plan ‘Europe's way to the informa-tion society: an action plan’, and should be performed insynergy with other Community activities in the field such as
the INFO 2000 programme (
1), with Community research
programmes(programmesconcerned with advanced technology,advanced communications services and telematics) and withCommunity education, training, cultural and SME actionsandinitiatives, and with the Structural Funds;
(19)Whereasthe activitiesunder thisaction plan s hould take account
of the work accomplished in the field of justice and home
affairs;
(20)Whereas the progress of this action plan should be continuouslyand systematically monitored with a view to adapting it, whereappropriate, to developmentsin the audiovis ual and multimediacontent market; whereas in due course there should be an inde-pendent assessment of the progress of the action plan so as to
provide the background information needed in order to deter-
mine the objectives for subsequent content policy actions;whereasat the end of thisaction plan there s hould be a finalassessment of results obtained compared with the objectives setout in thisDecis ion;
(21)Whereas, in conformity with the principle of subsidiarity asexpressed in Article 3b of the Treaty, the objectives of the
proposed actions cannot be sufficiently achieved by the Member
States owing to the transnational character of the issues at stakeand can, therefore, by reason of the pan-European effects of theproposed action be better achieved by the Community;
(22)Whereasthisaction plan s hould be of four yearsduration inorder to allow sufficient time for actions to be implemented toachieve the objectivess et;1999D0276 — EN — 20.11.2003 — 002.001 — 4
(1) Council Decision 96/339/EC of 20 May 1996 adopting a multiannual
Community programme to stimulate the development of a European multi-
media content industry and to encourage the use of multimedia content in
the emerging information society (INFO 2000) (OJ L 129, 30. 5. 1996, p.
24).
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(23)WhereasthisDecis ion laysdown, for the entire duration of the
action plan, a financial framework constituting the principal
point of reference, within the meaning of point 1 of the Declara-tion by the European Parliament, the Council and Commissionof 6 March 1995 (
1), for the budgetary authority during the
annual budgetary procedure,
HAVE ADOPTED THIS DECISION:
Article 1
1. The multiannual Community action plan on promoting safer user
of the Internet (‘the action plan’), asdes cribed in Annex I, ishereby
adopted.
2. The action plan shall cover a period of six years from 1 January
1999 to 31 December 2004.
3. The financial framework for the implementation of the action
plan for the period from 1 January 1999 to 31 December 2004 ishereby set at EUR 38,3 million.
The annual appropriations shall be authorised by the budgetary
authority within the limitsof the financial pers pective.
An indicative breakdown of expenditure isgiven in Annex II.
Article 2
The action plan has the objective of promoting safer use of the Internet
and of encouraging, at European level, an environment favourable tothe development of the Internet industry.
Article 3
In order to attain the objective referred to in Article 2, the following
actions supporting and promoting measures to be taken in the MemberStates shall be undertaken under the guidance of the Commission, inaccordance with the action liness et out in Annex I and the meansfor
implementing the action plan set out in Annex III:
— promotion of industry self-regulation and content monitoring
schemes (for example, dealing with content such as child porno-graphy or content which is likely to result in physical or mentalharm or content which inciteshatred on groundsof race, s ex, reli-
gion, nationality or ethnic origin),
— encouraging industry to provide filtering tools and rating systems,
which allow parentsor teachersto s elect content appropriate forchildren in their care while allowing adultsto decide what legal
content they wish to access, and which take account of linguistic
and cultural diversity,
— increasing awareness of services provided by industry among users,
in particular parents, teachers and children, so that they can better
understand and take advantage of the opportunities of the Internet,
— support actions such as assessment of legal implications,
— activitiesfos tering international cooperation in the areasenumerated
above,
— other actionsfurthering the objective s et out in Article 2.1999D0276 — EN — 20.11.2003 — 002.001 — 5
(1) OJ C 102, 4. 4. 1996, p. 4.▼M1
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Article 4
1. The Commission shall be responsible for the implementation of
the action plan.
2. The procedure laid down in Article 5 shall apply to:
— the work programme including any expenditure on activities
described in Annex III, point 9,
— the breakdown of the budgetary expenditure,— the criteria and content of calls for proposals,
— the assessment of the projects proposed under calls for proposals for
Community funding and the estimated amount of the Communitycontribution for each project where thisisequal to or more thanEUR 300 000,
— the measures for programme evaluation,
— any departure from the ruless et out in Annex III,— participation in any project by legal entitiesfrom third countries
and international organisations referred to in Article 7(3),
— other actionswhich could be undertaken under the termsof the las t
indent of Article 3.
3. Where, pursuant to the fourth indent of paragraph 2, the amount
of the Community contribution is less than EUR 300 000, the Commis-sion shall inform the committee referred to in Article 5 of the projectsand of the outcome of their assessment.
4. The Commission shall regularly inform the committee referred to
in Article 5 of progress with the implementation of the programme as awhole.
Article 5
1. The Commission shall be assisted by a committee.
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 6
1. In order to ensure that Community aid is used efficiently, the
Commission shall ensure that actions under this Decision are subjectto effective prior appraisal, monitoring and subsequent evaluation.
2. During implementation of projectsand after their completion the
Commission shall evaluate the manner in which they have been carriedout and the impact of their implementation in order to assess whetherthe original objectiveshave been achieved.
3. The selected beneficiaries shall submit an annual report to the
Commission.
4. At the end of two years, at the end of four years and at the end of
the action plan, the Commission shall submit to the European Parlia-ment, the Council, the European Economic and Social Committee andthe Committee of the Regions, once the committee referred to inArticle 5 hasexamined it, an evaluation report on the res ultsobtainedin implementing the action plan. The Commission may present, on the1999D0276 — EN — 20.11.2003 — 002.001 — 6
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M2
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basis of those results, proposals for adjusting the orientation of the
action plan.
Article 7
1. Participation in thisaction plan may be opened to EFTA States
which are membersof the European Economic Area (EEA) in accor-dance with the provisions of the Agreement on the EEA.
2. The action plan shall be open to participation of the candidate and
accession countries on the following basis:
(a) central and eastern European countries (CEECs), in accordance
with the conditions established in the Europe Agreements, in theiradditional protocols, and in the decisions of the respective Associa-
tion Councils;
(b) Cyprus, Malta and Turkey, in accordance with bilateral agreements
to be concluded.
3. Participation may be opened, in accordance with the procedure
laid down in Article 5, without financial support by the Community
under this action plan, to legal entities established in other third coun-tries and to international organisations, where such participationcontributeseffectively to the implementation of the action plan andtaking into account the principle of mutual benefit.
Article 8
This Decision is addressed to the Member States.1999D0276 — EN — 20.11.2003 — 002.001 — 7
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ANNEX I
MULTIANNUAL COMMUNITY ACTION PLAN ON PROMOTING
SAFERUSEOFTHEINTERNET
ACTION LINES
The action lines, in conjunction with the recommendation on protection of
minorsand human dignity, are a meansof implementing a European approach
to safer use of the Internet, based on industry self-regulation, filtering and rating
and awareness. Strong support has been expressed for this approach at the level
of the European Parliament and of the Council and Member States , aswell asin
the wider European context of the Bonn Declaration agreed to by ministers from
29 European States.
The action lineshave the following objectives :
— to incite the actors (industry, users) to develop and implement adequate
systems of self regulation,
— to pump-prime developments by supporting demonstrations and stimulating
application of technical solutions,
— to alert and inform parentsand teachers , in particular through their relevant
associations,
— to foster cooperation and exchange of experiences and best practices at
European and international levels, especially with the candidate and acces-
sion countries,
— to promote coordination across Europe and between actors concerned,
— to ensure compatibility between the approach taken in Europe and else-
where.
Following the initial phase covering the period 1 January 1999 — 31 December
2002, a second phase will be organised during the period 1 January 2003 — 31
December 2004. Thiswill build on the work to achieve the goalss et out in the
four action lines of the initial phase while making the necessary adjustments to
take account of experience gained and of the impact of new technologiesand
their convergence, and ensuring coherence with other Community programmes.
in particular:(i) The coverage of safer use will be extended, primarily with the aim of
improving the protection of children and minors, to new online technolo-
gies, including mobile and broadband content, online games, peer-to-peer
file transfer, text and enhanced messages and all forms of real-time
communications such as chat rooms and instant messages;
(ii) Intensified action will be taken to ensure that, primarily in the area of the
protection of children and minors, areas of illegal and harmful content and
conduct of concern are covered, with an emphasis on crimes against chil-
dren, such as child pornography and trafficking in children and on racism
and violence;
(iii) More active involvement of the content and media industry will be encour-
aged, and collaboration with government-backed bodiesactive in the area
will be expanded;
(iv) Enhanced networking will be encouraged among project participantsin the
various action lines, particularly in the fields of hotlines, content rating,
self-regulation and awareness-raising;
(v) Steps will be taken to associate candidate and accession countries in
ongoing activities and to share experience and know-how, and to increase
links and encourage collaboration with similar activities in third countries,
particularly countrieswhere illegal content ishos ted or produced, and with
international organisations.
1.Actionline1.Creatingasaferenvironment
Cooperation from the industry and a fully functioning system of self-regu-
lation are essential elements in limiting the flow of illegal content on the
Internet.
1.1.Creating a European network of hot-lines
An effective way to restrict circulation of illegal material is to set up a
European network of centres (known as hot-lines) which allow users to
report content which they come across in the course of their use of the
Internet and which they consider to be illegal. Responsibility for prose-1999D0276 — EN — 20.11.2003 — 002.001 — 8
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cuting and punishing those responsible for illegal content remains with the
national law-enforcement authorities, while the hot-line aims at revealing
the existence of illegal material with a view to restricting its circulation.
Differences in national legal systems and culture must also be respected.
So far, hot-lines exist only in a limited number of Member States. Their
creation needs to be stimulated so that there are hot-lines operating
covering the Union both geographically and linguistically. Mechanisms for
exchange of information between the national hot-lines, and between the
European network and hot-linesin third countriesneed to be put in place.
In order for this network to develop its full potential, it is necessary to
improve cooperation between industry and law-enforcement authorities,
ensure Europe-wide coverage and cooperation, and increase effectiveness
through exchange of information and experience.
Thisaction will take the form of a call for propos alsfor participating orga-
nisations (20-25) to establish a European network of hot-lines, and links
between thisnetwork and hot-linesin third countries , develop common
approaches and stimulate transfer of know-how and best practice.
The participating organisations will be supported by a cross-section of
industry actors (access and service providers, telecoms operators, national
hot-line operators) and users. They will have to demonstrate a forward-
looking and innovative approach, in particular in their relationship with
national law-enforcement authorities.
During the second phase, the aim will be to complete the network's
coverage in the Member Statesand to improve yet further the operational
effectiveness of the network, to work closely with safer Internet awareness
actions, particularly so as to increase public awareness of the hotlines, to
provide practical assistance to candidate and accession countries wishing
to set up hotlines, to adapt best practice guidelines to new technology, and
to expand linkswith hotlinesouts ide Europe.
1.2.Encouraging self-regulation and codes of conduct
For the industry to contribute effectively to restricting the flow of illegal
and harmful content, it is also important to encourage enterprises to
develop a self-regulatory framework through cooperation between them
and the other parties concerned. The self-regulatory mechanism should
provide a high level of protection and address questions of traceability.
In view of the transnational nature of communications networks, the effec-
tiveness of self-regulation measures will be strengthened, at European
Union level, by coordination of national initiativesbetween the bodies
responsible for their implementation.
Under thisaction line, guidelinesat European level will be developed for
codes of conduct, to build consensus for their application and support their
implementation. Thisaction will be carried out through a call for tender to
select organisations that can assist self-regulatory bodies in developing and
implementing codes of conduct. In connection with the establishment of
codes of conduct, a system of visible ‘quality-site labels’ will be encour-
aged to assist users in identifying Internet service providers that adhere to
codes of conduct. Measures will be taken carefully to monitor progress.
Thiswill be done in clos e coordination with the promotion of commonguidelinesfor the implementation, at national level, of a s elf-regulation
framework asadvocated by the Council recommendation on protection of
minorsand human dignity.
During the second phase, further advice and assistance will be provided so
asto ens ure cooperation at Community level through networking of the
appropriate structures within Member States and through systematic review
and reporting of relevant legal and regulatory issues, to help develop
comparable assessment methodologies of the self-regulation framework, to
help adapt self-regulatory practices to new technology by providing infor-
mation on relevant developments in such technology and the way it is used,
to provide practical assistance to candidate and accession countries wishing
to set up self-regulatory bodies and to expand links with self-regulatory
bodies outside Europe. Moreover, further support will be given to encou-
rage quality-site labels.1999D0276 — EN — 20.11.2003 — 002.001 — 9
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2.Actionline2.Developingfiltering andratingsystems
To promote safer use of the Internet, it is important to make content easier
to identify. This can be done through a rating system which describes the
content in accordance with a generally recognised scheme (for instance,
where items such as sex or violence are rated on a scale) and by filtering
systems which empower the user to select the content he/she wishes to
receive. Ratingsmay be attached by the content provider or provided by a
third-party rating service. There are a number of possible filtering and
rating systems. However, their level of sophistication is still low and none
has yet reached the ‘critical mass’ where users can be sure that content in
which they are interested and content which they wish to avoid will be
rated appropriately and that perfectly innocuouscontent will not be
blocked. Uptake of rating systems by European content providers and users
remainslow.
The measures under this action line will focus on demonstrating the poten-
tial and the limitations of filtering and rating systems in a real world
environment, with the objective of encouraging the establishment of
European systems and familiarising users with their use. Filtering and
rating systems must be internationally compatible and interoperable and
developed with full cooperation of representatives of industry, consumers
and users.
2.1.Demonstrating the benefits of filtering and rating
Rating systems will be stimulated which should be internationally compa-
tible and are relevant to European requirementsand which ens ure that
filtering and rating isimplemented in a way which providesworkable
options in practice for users, parents and teachers. In order to build critical
mass, a wide coverage of sites should be obtained. Action will therefore be
taken to stimulate use of rating by content providers. Rating carried out by
independent third parties ensures a standard approach to content rating and
dealswith cas eswhere the content provider failsto rate properly. There isa
need to meet specific requirements of business, institutional or educational
users as well as those of end users not met by the content provider's rating
system.
Following a call for proposals, projects will be selected to validate rating
systems in relation to European content, to encourage integration of rating
into the content creation process and to demonstrate benefits of these tech-
nical solutions. Emphasis will be placed on usefulness and practicality in
‘real-world’ situations involving a large cross-section of typical users.
This could also include tests as to the secureness of filtering software
against attempts to bypass or deactivate it.
A second call for proposals will particularly target the validation and
demonstration of third-party rating systems.
In order to obtain maximum benefit from the demonstration projects, it is
necessary to assess their impact and to ensure European-wide dissemination
of their results. Evaluation of the demonstration projects and dissemination
of their results will be the subject of a call for tenders.
The demonstration projects under this Action line can make an important
contribution to the awareness actions to be carried out under action line 3.
The demonstration projects will involve industry (self-regulatory bodies,
access and service providers, content providers, network operators, software
houses), user, consumer and citizens rights groups and government bodies
involved in industry regulation and law enforcement.
During the second phase, there will be a focus on benchmarking of filtering
software and services (especially performance, usability, resistance to
hacking, suitability for European markets and new forms of digital
content). Assistance for developing filtering technology will be carried
forward under the Community research programme. The Commission will
ensure close liaison with activities relating to filtering under the Action
Plan.
The second phase will promote the take-up of self-rating by content provi-
ders and the provision of information to users about European filtering
software and services.
2.2.Facilitating international agreement on rating systems
International cooperation between operatorsand other concerned partiesin
the European Union and their partnersin other regionsof the world is
particularly necessary in the field of rating, in order to ensure interoper-
ability.1999D0276 — EN — 20.11.2003 — 002.001 — 10
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Work isalready under way in a number of bodiesdealing with protocols
and with the design of a rating system to deal with the various require-
ments. It is essential that Europe's voice be heard in international
discussions and concertation meetings will be organised to ensure this.
During the second phase, support will be given to bringing together the
industries and parties concerned such as content providers, regulatory and
self-regulatory bodies, software and Internet rating organisations and
consumer associations, in order to foster conditions propitious for devel-
oping and implementing rating systems which are easy for content-
providers and for consumers to understand and use, which provide
European parents and educators with the necessary information to make
decisions in accordance with their cultural and linguistic values, and which
take account of the convergence of telecommunications, audiovisual media
and information technology.
3.Actionline3.Encouragingawarenessactions
The public isincreas ingly engaging in Internet activity and reaping the
benefits of the new services. At the same time, there is a degree of uncer-
tainty asto how to deal with every as pect of network communication;
parents, teachers and children need to be made aware of the potential of
the Internet and itsdrawbacksand do not alwayshave s ufficient knowledge
about the means to protect children from undesirable content. Awareness
actionscontribute to the trus t and confidence of parentsand teachersin
safer use of the Internet by children.
Awareness is also the necessary complement of action lines 1 and 2, since
the actions of industry to implement self-regulation and filtering and rating
will bear fruit only if users and potential users are aware of them.
The European Parliament hascalled for the implementation of a European
campaign and an information and awareness action programme, to be
funded by the EU budget, to inform parentsand all people dealing with
children (teachers, social workers, etc.) on the best way (including technical
aspects) to protect minors against exposure to content that could be harmful
to their development, so as to ensure their well-being.
European action, on the basis of actions undertaken by the Member States,
will contribute to reinforcement of synergy, in particular through exchange
of information and experience. The action plan will initiate awareness
actions that will build on the dissemination of information from access
providers to customers, and also develop material for use in the education
sector.
The awareness initiatives will take advantage of the awareness actions
carried out under other programmes, in particular the MIDAS-NET estab-
lished under INFO 2000. If there is more than one equal option for
distributing information to target groups, the most cost-effective one shall
be chosen. Whenever possible and useful, electronic distribution should be
given priority.
This action will be carried out in two stages. In the first stage the best
means of achieving the objectives will be identified and in the second stage
multiplier organisations in the Member States — such as consumer bodies
and other relevant associations — will be assisted to implement actions
nationally.
3.1.Preparing the ground for awareness actions
In the first phase a call for proposals will be launched for a preparatory
action which will identify multiplier organisations and the most appropriate
channels, media and content to reach the target audience, prepare basic
material, adapt it for linguistic and cultural specificities and take account
of the results of demonstration projects under action line 2, which will
make an important contribution to the content of awareness actions. An
implementation plan will be prepared.
The target audience isparentsand teachers , and the action will involve
industry (Internet service providers, content providers) and multipliers, e.g.
consumer associations and the education sector.
3.2.Encouraging implementation of full-scale awareness actions
A second call for proposals will select initiatives for Community support
for follow-up action in all Member States using the multiplier organisations
and the channels, media and content identified in the preparatory action.
The purpose of the action is to make adults (parents and teachers) aware1999D0276 — EN — 20.11.2003 — 002.001 — 11
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of the potential and the drawbacksof the Internet, and of the meansto
identify useful content and how to block harmful content.
Actionswill be appropriate for the needsof Member Statesand may differ
according to their size, population, degree of Internet use, etc. Actions will
be of two types: those focused on teachers and the education sector and
those with a broader focus aimed at the general public (parents and chil-
dren).
Actionsaimed at teacherscould include works hopsand preparation of
specific printed and multimedia material for distribution to a large cross-
section of members of the profession. Special ‘netdays’ (a series of special
events aimed at increasing user awareness) can be organised in collabora-
tion with the ‘Learning in the information society action plan’, which has
wide support from industry. Typical actions aimed at the general public
would include: creation of websites and distribution of information material
in schools, through access providers and through shops and other outlets
selling computers, distribution of CD-ROMs on computer magazines.
More specific information can be given in connection with the purchase
of equipment or software designed to access networks, or by Internet access
providers to new subscribers. Traditional media (press, television) would
also be used to stimulate awareness through publicity campaigns and infor-
mation packs for journalists. Using the platform of the European network
of schools, which is being set up with the support of the education minis-
tries of Member States, special webpages will be created and maintained.
The purpose of the Community support is to pump-prime broadly-based
awareness actions and to provide overall coordination and exchange of
experience so that lessons can be drawn from the results of the action on
an ongoing basis (for instance by adapting the material distributed). The
Commission will continue to take steps to encourage cost-effective means
of distribution to large numbers of users, notably by using multiplier orga-
nisations, and electronic dissemination channels so as to reach the intended
target groups.
During the second phase, support will be given to exchange of best practice
on new-media education by meansof a European network for rais ing
awareness of safer use of the Internet and new online technologies,
supported by
— a comprehensive trans-national repository (web portal) of relevant
information and awareness and research resources,
— applied research on media education involving all interested parties
(e.g. education, official and voluntary children'swelfare bodies , parents
associations, industry, law-enforcement) into children's use of new tech-
nologiesto identify educational and technological meansfor protecting
them from harm.
The network will also provide technical assistance to candidate and acces-
sion countries wishing to set up awareness actions and expand links with
awareness activities outside Europe.
4.Actionline4.Supportactions
4.1.Assessing legal implications
The Internet operates on a global basis. The law operates on a territorial
basis — national or, in the case of Community law, covering the European
Union. It will contribute to the effectiveness of the other action lines by
considering legal questions not dealt with by other Community initiatives,
in particular including questions of applicable law and procedure.
If necessary, a call for tenders could be organised for an assessment of
legal questions raised by the content or the use of Internet, in accordance
with the procedure laid down in Article 5.
4.2.Coordination with similar international initiatives
The recommendation on protection of minorsand human dignity callson
the Commission to promote international cooperation in the various fields
covered by that recommendation, particularly through the sharing of experi-
ence and good practicesbetween operatorsand other concerned partiesin
the European Union and their partnersin other regionsof the world. It is
therefore necessary to ensure coherence between European action and
similar initiatives in other parts of the world. Regular concertation meetings
will help to achieve this.1999D0276 — EN — 20.11.2003 — 002.001 — 12
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The Commission will therefore organise at frequent intervals seminars and
workshops addressing the various themes covered by the action plan, or a
combination of such themes. Participation should include industry, user,
consumer and citizens rights groups and government bodies involved in
industry regulation and law enforcement, as well as leading experts and
researchers. The Commission will seek to ensure broad participation from
the EEA countries, from third countries and international organisations.
4.3.Evaluating the impact of Community measures
It isobvious ly important to make an in-depth evaluation whether the objec-
tivesof the action plan and the recommendation have been achieved.
Possible further measures which should be taken by industry, Community
institutions, Member States or consumer representatives could also be iden-
tified in that way. The evaluation will be carried out in liaison with
evaluating the measures taken to protect minors and human dignity fore-
seen by the recommendation on protection of minors and human dignity
and will be launched through a call for tenders.1999D0276 — EN — 20.11.2003 — 002.001 — 13
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ANNEX II
INDICATIVEBREAKDOWNOFEXPENDITURE
1. Creating a safer environment 20-26 %
2. Developing filtering and rating systems 20-26 %3. Encouraging awareness actions 42-46 %
4. Support actions3-5 %
Total: 100%1999D0276 — EN — 20.11.2003 — 002.001 — 14
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ANNEX III
THEMEANSFORIMPLEMENTINGTHEACTIONPLAN
1. The Commission will implement the action plan in accordance with the
technical content specified in Annex I.
2. The action plan will be performed through indirect action and wherever
possible on a shared-cost basis. The Community's financial contribution
should not exceed the minimum considered necessary for a project and shall
be granted, in principle, only if the project meetsfinancial obs tacleswhich
cannot otherwise be overcome. In addition, the Community's financial
contribution shall not normally exceed 50 % of the cost of the project,
except in duly justified cases.
3. The selection of shared-cost projects will normally be based on the usual
procedure of calls for proposals published in the Official Journal of the
European Communities . The content of the callsfor propos alswill be
defined in close consultation with the relevant experts and according to the
procedures referred to in the Decision. The main criterion for supporting
projectsthrough callsfor propos alswill be their potential contribution to
achieving the objectivesof the action plan.
4. Applications for Community support should provide, where appropriate, a
financial plan listing all the components of the funding of the projects,
including the financial support requested from the Community, and any
other requests for or grants of support from other sources.
5. The Commission may also implement a funding scheme more flexible than
the call for proposals in order to provide incentives for the creation of part-
nerships, in particular involving SMEs and organisations in less favoured
regions, and for the establishment of long-term measures against illegal
and harmful content on the Internet. Thiss cheme might be operated on a
permanent basis.
6. The Commission will make provision for considering in exceptional cases
unsolicited project proposals which involve a particularly urgent measure
following technological changesthat call for change of action.
7. The detailed arrangementsfor the proceduresreferred to under points5 and
6 will be implemented in accordance with Article 5 of thisDecis ion and the
Commission's financial regulations. They will be published in the Official
Journal of the European Communities .
8. Projects fully financed by the Commission within the framework of study
and services contracts will be implemented through calls for tenders in
accordance with the financial provisions. Transparency will be achieved by
consulting external groups of experts (the Internet Working Party and the
Legal Advisory Board) as well as actively using the information services
of the Commission in connection with the awareness measures.
9. In the course of the action plan, the Commission will also undertake
preparatory, accompanying and support activities designed to achieve the
general objectivesof the action plan and the s pecific aimsof each action
line. This includes activities such as: studies in support of the general goalsof the action plan; preliminary actionsin preparation of future activities ;
measures aimed at facilitating participation in measures under the action
plan aswell asfacilitating acces sto the res ultsproduced by action plan
initiatives.
10. All projects receiving financial support will be required to display an
acknowledgement of the suppport received.1999D0276 — EN — 20.11.2003 — 002.001 — 15