COMMISSION IMPLEMENTING DECISION (EU) 2021/1878

of 25 October 2021

on the designation of the .eu top-level domain Registry

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and functioning of the .eu top-level domain name and amending and repealing Regulation (EC) No 733/2002 and repealing Commission Regulation (EC) No 874/2004 (1), and in particular Article 8 thereof,

Having regard to Commission Delegated Regulation (EU) 2020/1083 of 14 May 2020 Supplementing Regulation (EU) 2019/517 of the European Parliament and of the Council by establishing the eligibility and selection criteria and the procedure for the designation of the Registry of the.eu top-level domain name, and in particular Article 9(3) thereof (2),

Whereas:

(1) The Commission is to designate the Registry entrusted with the organisation, administration and management of the .eu top-level domain on the basis of an open, transparent and non-discriminatory selection procedure. The selection procedure is to be organised by the Commission in two phases, whereby the Commission is to first assess the eligibility of the applicants and then establish the ranking of the eligible applicants based on the selection criteria defined in Delegated Regulation (EU) 2020/1083.

(2) The current contract for the organisation, administration and management of the .eu top-level domain between the Commission and the Registry was signed on 10 October 2014 for a term of five years and then extended in 2019 for another three years. It will expire on 12 October 2022.

(3) The Commission published a call for the selection of the .eu top-level domain Registry (2021-026011) in the Official Journal of the European Union on 1 March 2021 inviting applications from organisations wishing to be entrusted with the organisation, management and administration of the .eu top-level domain.

(4) The call was closed on 18 May 2021 and five applications were received.

(5) During the first phase of the selection procedure, the Commission assessed the absence of exclusion criteria and whether the applicants met the eligibility criteria. Four applications were found to be eligible. The list of eligible applicants was published on 9 July 2021 and the Commission informed each applicant of the results of the first phase of the procedure.

(6) During the second phase of the procedure, the Commission assessed the eligible applicants and established a ranking on the basis of the selection criteria. The Commission examined the applications and established a scorecard comprised of the individual marks of each of the applications. The quality of the applications was evaluated, in line with Section 3.2 of the call, according to the quality of service proposed, the adequate level of human and technical resources proposed to fulfil the Registry tasks, and the financial and compliance standing proposed to fulfil the Registry tasks. The Commission also received assistance in the analysis of the applications from external independent experts.

(7) The Commission established the ranking of the applicants. The first ranked applicant, the European Registry for Internet Domains (EURid), should be designated as the next .eu top-level domain Registry and be invited to enter into negotiations to sign the contract in accordance with the call for selection. Such contract is to be governed by the principles laid down in Commission Implementing Regulation (EU) 2020/857 (3).

(8) In accordance with Article 10 of Delegated Regulation (EU) 2020/1083, where the contract negotiations between the successful candidate and the Contracting Authority are terminated without the conclusion of a contract, the Commission will designate the next ranking applicant as the Registry,

HAS ADOPTED THIS DECISION:

Article 1 The European Registry for Internet Domains (EURid) shall be the .eu top-level domain Registry entrusted with the organisation, management and administration of the .eu top-level domain pursuant to Article 8(3) of Regulation (EU) 2019/517 and subject to the provisions of Article 2.

Article 2 The European Registry for Internet Domains (EURid) is invited to enter into a contract specifying the conditions according to which the Commission supervises the organisation, administration and management of the .eu top-level domain by the Registry, in accordance with Article 8(4) of Regulation (EU) 2019/517. Should the contract negotiations between the European Registry for Internet Domains (EURid) and the Commission end without the conclusion of a contract, the next ranking applicant shall be designated as the Registry, in accordance with Article 10 of Delegated Regulation (EU) 2020/1083. The service concession contract shall have an initial period of five years and may be extended once for an additional period of maximum five years.

Article 3 Commission Implementing Decision 2014/207/EU (4) is repealed.

Article 4 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 25 October 2021. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 91, 29.3.2019, p. 25.

(2) OJ L 239, 24.7.2020, p. 1.

(3) Commission Implementing Regulation (EU) 2020/857 of 17 June 2020 laying down the principles to be included in the contract between the European Commission and the .eu top-level domain Registry in accordance with Regulation (EU) 2019/517 of the European Parliament and of the Council (OJ L 195, 19.6.2020, p. 52).

(4) Commission Implementing Decision 2014/207/EU of 11 April 2014 on the designation of the .eu Top Level Domain Registry (OJ L 109, 12.4.2014, p. 41).