Opinion of the Commission pursuant to Article 189B(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
Date: 1998-12-14
Institutions: European Commission
Subjects: action programme, communications systems, fraud, information network, information system, transmission network

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) 

a) 

INTRODUCTION 

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) 

(3) 
(4) 

Developing filtering and rating systems, taking account of Europe's cultural and 
linguistic diversity 
Encouraging awareness actions 
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 
the 
related 
Directive  on  certain 
Commission  has  undertaken  to bring  forward1. 

to  electronic  commerce  which 

legal  questions 

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. 

to  the  COMCRIME  study  and  in  conjunction  with  the 

As  a  follow-up 
forthcoming 
for 
Commission  Communication  on  Computer  Crime,  the  Commission  will  arrange 
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 

2.  The Action  Plan  shall  cover  a period  of four  years 

from  1  January  1998 to 31 December 2001. 

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  1998 
to  31 December 2001  is  hereby  set  at  ECU 25 
million. 

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 

by 

of  material 
more  widespread 

should  be 
Electronic  distribution 
supplemented 
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, 
the  MIDAS-NET 
particular 
established  under INFO 2000. 

in 

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 

M f

iw 

m*mmm 

Annexe I (3.2) third subparagraph 

to  a 

Actions aimed  at teachers will  include workshops and 
preparation  and  distribution  of  specific  printed  and 
multimedia  material 
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 
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. 

campaigns 

publicity 

through 

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. 

€ 

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 

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