COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 14.12.1998 
COM(1998) 784 final 
97/0337 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendment 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DECISION 
ADOPTING A MULTIANNUAL COMMUNITY ACTION PLAN ON PROMOTING SAFER USE OF THE 
INTERNET BY COMBATING ILLEGAL AND HARMFUL CONTENT ON GLOBAL NETWORKS 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

SUMMARY 
On 18 November 1998 the European, Parliament adopted amendments to the common 
position established by the Council with a view to the adoption of a European Parliament 
and Council Decision on a Multiannual Community Action Plan on promoting safer use 
of the Internet by combating illegal and harmful content on global networks (C4-053/97 -
97/033 7(COD)). 
The Decision will support measures to deal with illegal and harmful content on the 
Internet. The measures are developed to allow consumers to obtain the greatest possible 
advantage from the new services of the Information Society as well as creating an 
environment favourable to the European Internet industry. 
The Action Plan takes a non-regulatory approach, involves the industry and proposes 
concrete measures to deal with the problems. It implements a political consensus at EU 
level and in Member States. 
Its four action lines are complementary, representing a significant step forward which 
will produce solutions which are both practical and effective. The Action Plan is a 
financial instrument that stimulates initiatives thai must be addressed by Member States, 
the industry and users. The Action Plan is not the only means for achieving these 
objectives. 
The issues of concern to the European Parliament are emphasising that questions of 
liability must be studied and extra efforts must be made to prevent trade in women and 
children on the Internet. There is no disagreement of the substance of the issues, but the 
Council and the Commission had earlier objected to including them in the plan. These 
issues were addressed by the Commission in Plenary, and three amendments on these 
subjects were withdrawn. 
At second reading eighteen amendments to the Common Position were proposed, six 
were deemed inadmissible by Parliament. Of the remaining twelve the Commission was 
in favour of nine, rejecting three. At the vats four amendments were adopted, the rest 
withdrawn, voted down or substituted by other amendments. 
The four amendments adopted were all supported by the Commission. 
EXPLANATORY MEMORANDUM 
The Commission hereby presents a modified proposal for a European Parliament and 
Council Decision adopting a Multiannual Community Action Plan on promoting safer 
use of the Internet by combating illegal and harmful content on global networks. The 
modified proposal incorporates those amendments adopted by the European Parliament at 
second reading, all of which were accepted by the Commission. 
1) INTRODUCTION 
a) Background 
The Commission adopted its proposal on 26th November 1997, and it was formally 
transmitted to the European Parliament and the Council on 26th January 1998. 
The Economic and Social Committee gave a favourable opinion on 29th April 1998. The 
Committee of the Regions gave a favourable opinion on 14th May 1998. The European 
Parliament adopted a favourable Resolution at its first reading on 2nd May 1998, and 
proposed 23 amendments to the Commission proposal. On 11th September 1998 the 
Commission adopted an amended proposal, that was received by the European 
Parliament on 9th October 1998. 
The Council adopted a Common Position for a European Parliament and Council 
Decision on 24th September 1998. The Commission adopted its position on the Common 
Position of the Council on 2nd October 1998 and communicated it to the European 
Parliament. 
On 18th November 1998 the European Parliament adopted amendments to the Common 
Position established by the Council with a view to the adoption of a European Parliament 
and Council Decision on a Multiannual Community Action Plan on promoting safer use 
of the Internet by combating illegal and harmful content on global networks (C4-053/97 -
97/0337(COD)). 
h) Purpose of the Action Plan 
The aim of the Commission proposal is to ensure implementation of the various 
European Union initiatives on how to deal with undesirable content on the Internet. The 
proposal is a financial plan designed to support non-regulatory initiatives for content 
control. It is important to emphasise that the vast majority of Internet content poses 
absolutely no problem. However the Internet can be used for illegal activities and 
distribution of illegal content. Parents and teachers are concerned at the availability of 
content, which could be harmful for children. If the consumers and industry of Europe 
are to take full advantage of the opportunities offered by the Information society, these 
issues must be addressed. 
The Action Plan has four action lines: 
(1) Creating a safer environment - including creation of a European network of hot 
lines and support for self-regulation 
3 
(2) Developing filtering and rating systems, taking account of Europe's cultural and 
linguistic diversity 
(3) Encouraging awareness actions 
(4) Support measures 
Each of the Action Lines aims at reaching certain main objectives: 
- to empower the user to protect himself and his family from undesirable - harmful -
material, 
- to strengthen reporting mechanisms for illegal material to be dealt with by existing 
legislation, 
- to ensure that the specific multicultural and multilingual needs of Europe are 
addressed adequately, 
- to build trust in the new environment so the consumer can benefit from the new 
services, and so the industry can use the opportunities of electronic media. 
2) EP AMENDMENTS ACCPTED BY THE COMMISSION 
Of the 4 amendments adopted by the European Parliament at second reading, the 
Commission accepted all in full. 
Three amendments were withdrawn before the vote and after a declaration by the 
Commission in Plenary addressing issues that are subject to action by the Commission in 
other contexts:. 
Liability of intermediaries for Internet content will be dealt with in the proposal for a 
Directive on certain legal questions related to electronic commerce which the 
Commission has undertaken to bring forward1. 
Counteracting violence and the abuse of women and children is covered by the 
DAPHNE programme. The Commission will ensure that due account is taken of the 
European Parliament's concerns in implementing action line 1 and 3 with respect to 
violence and the abuse of women and children on the Internet. 
As a follow-up to the COMCRIME study and in conjunction with the forthcoming 
Commission Communication on Computer Crime, the Commission will arrange for 
studies on issues of substantive and procedural criminal law referred to in amendment 
no. 6 proposed by the Civil Liberties Committee, subject to the availability of budgetary 
appropriations and obtaining the necessary approval under the financial regulations. 
3) CONCLUSION • 
In accordance with Article 189b(2) (d) of the EC Treaty, the Commission amends its 
proposal, incorporating the amendments adopted by the European Parliament at second 
reading. 
1 See recital 12 of the proposal for a Directive on Copyright and Related Rights in the Information Society: 
CQM(97) 628 (OJ CI08, 7.4.1998, p. 6). 
h 
AMENDED PROPOSAL 
Proposal for a Community Action Plan on promoting safer use of the Internet by 
combating illegal and harmful content on global networks 
Article 1, second and third paragraphs 
2. The Action Plan shall cover a period of four years 
from 1 January 1998 to 31 December 2001. 
3. The financial framework for the implementation of 
the Action Plan for the period from 1 January 1998 
to 31 December 2001 is hereby set at ECU 25 
million. 2. The Action Plan shall cover a period of four years 
from 1 January 1999 to 31 December 2002. 
3. The financial framework for the implementation of 
the Action Plan for the period from 1 January 1999 
to 31 December 2002 is hereby set at ECU 25 
million. 
Annexe I (1.2) third subparagraph 
Under this action line, guidelines at European level 
will be developed for codes of conduct, to build 
consensus for their application and support their 
implementation. This action 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. Measures will be 
taken carefully to monitor progress. This will be done 
in close coordination with the promotion of common 
guidelines for the implementation, at national level, of 
a self-regulation framework as advocated by the 
Council Recommendation on protection of minors and 
human dignity. Under this action line, it is foreseen to develop 
guidelines at European level for codes of conduct, to 
build consensus for their application, and support their 
implementation. This action will be carried out through 
a call for tender to select organisations that can assist 
self-regulatory bodies to develop and implement codes 
of conduct. In connection with the establishment of 
Codes of Conduct, a system of visible "quality-Site 
Labels" for Internet Service Providers, will be 
encouraged to assist users in identifying providers that 
adhere to Codes of Conduct. Measures will be taken to 
carefully monitor progress. This will be done in close 
coordination with the promotion of common guidelines 
for the implementation, at national level, of a self-
regulation framework as advocated by the Council 
Recommendation on Protection of Minors and Human 
Dignity. 
Annexe I (3) fifth subparagraph 
Electronic distribution 
supplemented by of material should be 
more widespread traditional 
packages for use in the education sector and in 
libraries. The awareness initiatives will take advantage 
of the awareness actions carried out under other 
programmes, in particular the MIDAS-NET 
established under INFO 2000. The awareness initiatives will take advantage of the 
awareness actions carried out under other programmes, 
in particular the MIDAS-NET established under 
INFO2000. If there are more than one equal options 
for distributing information to target groups, the most 
cost effective one shall be chosen. Whenever possible 
and useful, electronic distribution should be given 
priority. 
r 
Current text Mfiw 
m*mmm 
Annexe I (3.2) third subparagraph 
Actions aimed at teachers could include seminars and 
workshops and 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 collaboration 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 
Web sites 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 would be given when targeting families 
already owning a computer. Traditional media (press, 
television) would also be used to stimulate awareness 
through publicity campaigns and information packs for 
journalists. Using the platform of the European 
Network of Schools, which is being set up with the 
support of the education ministries of Member States, 
special web-pages will be created and maintained. Actions aimed at teachers will include workshops and 
preparation and distribution of specific printed and 
multimedia material to a large cross-section of 
members of the profession. Special netdays - a series 
of special events aimed at increasing user awareness -
will be organised in collaboration 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 Web sites 
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 
information packs for journalists. Using the platform 
of the European Network of Schools, which is being 
set up with the support of the education ministries of 
Member States, special web-pages will be created and 
maintained. 
€ 
ISSN 0254-1475 
COM(98) 784 final 
DOCUMENTS 
EN 15 16 06 01 
Catalogue number : CB-CO-98-780-EN-C 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
VI