Decision No 276/1999/EC of the European Parliament and of the Council of 25 January 1999 adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks
Date: 1999-01-25
Institutions: Council of the European Union, European Parliament
Subjects: EU action, EU control, action programme, information network, selective dissemination of information, transmission network

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I

(Acts whose publication is obligatory)

DECISION No 276/1999/EC OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL

of 25 January 1999

adopting a multiannual Community action plan on promoting safer use of the
Internet by combating illegal and harmful content on global networks

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) Whereas the Internet offers positive benefits in
particular in education, by empowering consumers,
lowering the barriers to the creation and distribu-
tion of content and offering wide access to even
richer sources of digital information, as recognised
by the Council and the representatives of
the
the Member States, meeting
Governments of
within the Council on 17 February 1997 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 affect the establishment of
the necessary favourable environment for initiatives
and undertakings to flourish;

(3) Whereas it is essential,

in order to ensure that
consumers make full use of the Internet, that a
its use is created by
safer environment

for

combating illegal use of the technical possibilities
of the Internet in particular for offences against
children and trafficking in human beings or for the
dissemination of racist and xenophobic ideas;

(4) Whereas consumers should be afforded a high level
the Community should
of protection; whereas
action which
specific
thereto by
contribute
supports and supplements the policy pursued by
the Member States
regarding information for
consumers on the safer use of the Internet;

development

(5) Whereas promotion of industry self-regulation and
content-monitoring
of
schemes,
filtering tools and rating systems provided by the
industry and increased awareness of
industry
services as well as fostering international coopera-
tion between all parties concerned will play a
crucial role in consolidating that safer environment
and contribute to removing obstacles to the devel-
opment
industry
concerned;

and competitiveness of

the

(6) Whereas on 24 April 1996 the Council requested
the Commission to produce a summary of prob-
lems posed by the rapid development of
the
Internet and to assess, in particular, the desirability
of Community or international regulation;

(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.

(7) Whereas on 23 October 1996 the Commission
transmitted a communication to the European
Parliament, the Council, the Economic and Social
Committee and the Committee of the Regions on
illegal and harmful content on the Internet and a
Green Paper on the protection of minors and
human dignity in audiovisual and information
services;

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(8) Whereas the Council and the representatives of the
Governments of
the Member States, meeting
within the Council, in their abovementioned reso-
lution 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 the Commission to undertake a
number of actions;

(9) Whereas, in its resolution of 24 April 1997 on the
and
Commission communication on illegal
harmful content on the Internet (1), the European
Parliament
to
strengthen administrative cooperation on the basis
of
joint guidelines and on the Commission to
propose, after consulting the European Parliament,
a common framework for self-regulation at Euro-
pean Union level;

called on the Member States

and

ethical

(10) Whereas in the ministerial declaration adopted
during the International Ministerial Conference
information networks: Realising
entitled ‘Global
the potential', held in Bonn on 6 to 8 July 1997 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
standards,
respecting
promoting
through properly functioning systems of self-regu-
lation in compliance with and supported by the
legal system; whereas they encouraged industry to
implement open, platform-independent content
rating systems, and to propose rating services which
meet the needs of different users and take account
and linguistic diversity;
of Europe’s
whereas ministers further
is
to build trust and confidence in global
crucial
information networks by ensuring that basic
human rights are respected and by safeguarding the
interests of society in general, including producers
and consumers;

recognised that

cultural

it

(11) Whereas on 24 September 1998 the Council
adopted a recommendation on the development of
the competitiveness of the European audiovisual
and information services industry by promoting
national frameworks aimed at achieving a compar-
able and effective level of protection of minors and
human dignity (2), hereinafter designated recom-
mendation on the protection of minors and human
dignity; whereas this action plan will be imple-
mented in close coordination with the Council
recommendation;

(1) OJ C 150, 19. 5. 1997, p. 38.
(2) OJ L 270, 7. 10. 1998, p. 48.

(12) Whereas cooperation from the industry in setting
up voluntary systems of self-regulation can effi-
ciently help to limit the flow of illegal content on
the Internet;

for

is essential

(13) Whereas European coordination of representative
and self-regulating bodies
the
Europe-wide effectiveness of such systems; whereas,
to this effect,
industry self-regulatory systems
including representative bodies for Internet service
providers, consumers and users, and effective codes
of conduct should be encouraged within the regula-
if necessary hot-line
tory framework in force;
reporting mechanisms which allow users to report
content which they consider illegal should be made
available to the public;

(14) Whereas

any hot-line

reporting mechanisms
should support and promote measures taken by the
Member States; whereas duplication of work should
be avoided; whereas possible hot-line reporting
mechanisms could be established in cooperation
with the
the
Member States; whereas the responsibility for pro-
secuting and punishing those responsible for illegal
content
law-
enforcement authorities;

should remain with the national

law-enforcement

authorities of

(15) Whereas it is necessary to promote on a European
level the provision to consumers of filtering tools
and the setting up of rating systems, for example
the platform for Internet content selection (PICS)
standard launched by the international World
Wide Web consortium with Community support;

(16) Whereas awareness activities which are performed
in the Member States and which should have an
additional European value should be encouraged so
that users understand not only the opportunities
but also the drawbacks of the Internet, in order to
services provided by industry;
increase use of
whereas parents, educators and consumers,
in
particular, should be sufficiently informed so as to
be able to take full advantage of parental control
software and rating systems; whereas there should
be a multiannual action plan on promoting safer
use of the Internet (‘action plan');

(17) Whereas it is essential to engage in cooperation
activities with international organisations and third
countries for the purpose of
implementing this
action plan and extending its reach beyond the
European Union, given the global character of the
problems encountered on the Internet, requiring
global solutions;

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to

national

ongoing

(18) Whereas any content policy actions should be
complementary
and
Community initiatives, as outlined notably in the
Commission’s action plan ‘Europe’s way to the
information society: an action plan', and should
be performed in synergy with other Community
activities in the field such as the INFO 2000
research
programme (1),
programmes
with
advanced technology, advanced communications
services and telematics) and with Community
education, training, cultural and SME actions and
initiatives, and with the Structural Funds;

(programmes

Community

concerned

with

(19) Whereas

the activities under

this action plan
should take account of the work accomplished in
the field of justice and home affairs;

(20) Whereas the progress of this action plan should be
continuously and systematically monitored with a
view to adapting it, where appropriate, to develop-
ments in the audiovisual and multimedia content
market; whereas in due course there should be an
independent assessment of
the
action plan so as to provide the background infor-
mation needed in order to determine the objectives
for subsequent content policy actions; whereas at
the end of this action plan there should be a final
assessment of results obtained compared with the
objectives set out in this Decision;

the progress of

(21) Whereas, in conformity with the principle of subsi-
diarity as expressed in Article 3b of the Treaty, the
objectives of the proposed actions cannot be suffi-
ciently achieved by the Member States owing to the
transnational character of the issues at stake and
can,
the pan-European
effects of the proposed action be better achieved by
the Community;

therefore, by reason of

(22) Whereas this action plan should be of four years
duration in order
time for
actions to be implemented to achieve the objectives
set;

to allow sufficient

sion of 6 March 1995 (2), for the budgetary authority
during the annual budgetary procedure,

HAVE ADOPTED THIS DECISION:

Article 1

The multiannual Community

1.
action plan on
promoting safer user of the Internet (‘the action plan'), as
described in Annex I, is hereby adopted.

The action plan shall cover a period of four years

2.
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 EUR 25 million.

The annual appropriations shall be authorised by the
the financial
budgetary authority within the limits of
perspective.

An indicative breakdown of expenditure is given 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
the
Internet industry.

favourable to the development of

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 Member States shall be undertaken under
the guidance of the Commission, in accordance with the
action lines set out in Annex I and the means for imple-
menting the action plan set out in Annex III:

— promotion of

industry self-regulation and content-
monitoring schemes
example, dealing with
content such as child pornography or content which
incites hatred on grounds of race, sex, religion, nation-
ality or ethnic origin),

(for

(23) Whereas this Decision lays down, 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 Declaration by the
European Parliament, the Council and Commis-

(1) Council Decision 96/339/EC of 20 May 1996 adopting a
multiannual Community programme to stimulate the develop-
industry and to
ment of a European multimedia content
encourage the use of multimedia content
in the emerging
information society (INFO 2000)
(OJ L 129, 30. 5. 1996, p.
24).

— encouraging industry to provide filtering tools and
rating systems, which allow parents or teachers to
select content appropriate for children in their care
while allowing adults to 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 chil-
dren, so that they can better understand and take
advantage of the opportunities of the Internet,

(2) OJ C 102, 4. 4. 1996, p. 4.

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— support actions such as assessment of legal implica-

tions,

— activities fostering international cooperation in the

areas enumerated above,

— other actions furthering the objective set out in Article

2.

Article 4

The Commission shall be responsible for the imple-

1.
mentation 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
the Community contribution for each
amount of
project where this is equal to or more than EUR
300 000,

— the measures for programme evaluation,

— any departure from the rules set out in Annex III,

— participation in any project by legal entities from
organisations

international

countries

and

third
referred to in Article 7(3),

— other actions which could be undertaken under the

terms of the last 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,
inform the
committee referred to in Article 5 of the projects and of
the outcome of their assessment.

the Commission shall

The Commission shall

inform the
4.
committee referred to in Article 5 of progress with the
implementation of the programme as a whole.

regularly

Article 5

The Commission shall be asssisted by a committee
composed of representatives of the Member States and
chaired by the representative of the Commission.

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 deliv-
ered by the majority laid down in Article 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.

The Commission shall adopt the measures envisaged if
they are
the
committee.

in accordance with the opinion of

If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered,
the Commission shall without delay submit
to the
Council a proposal relating to the measures to be taken.
The Council shall act by a qualified majority.

If, on the expiry of a period of three months from the
date of referral to the Council, the Council has not acted,
the proposed measures shall be adopted by the Commis-
sion.

Article 6

In order to ensure that Community aid is used effi-
1.
ciently, the Commission shall ensure that actions under
this Decision are subject
to effective prior appraisal,
monitoring and subsequent evaluation.

2. During implementation of projects and after their
completion the Commission shall evaluate the manner in
which they have been carried out and the impact of their
implementation in order to assess whether the original
objectives have been achieved.

The selected beneficiaries shall submit an annual

3.
report to the Commission.

the Council,

At the end of two years and at the end of the action
4.
to the European
the Commission shall submit
plan,
Parliament,
the Economic and Social
Committee and the Committee of the Regions, once the
committee referred to in Article 5 has examined it, an
evaluation report on the results obtained in implementing
the action lines set out in Annex I. Reference shall also be
made to general findings applicable to all categories of
illegal content. The Commission may present, on the
basis of those results, proposals for adjusting the orienta-
tion of the action plan.

Article 7

Participation in this action plan may be opened to
1.
legal entities established in EFTA States which are
members of
in
accordance with the provisions of the Agreement on the
EEA.

the European Economic Area (EEA)

2.
Participation may be opened to legal entities estab-
lished in associated central and eastern European coun-
tries in accordance with the conditions, including finan-
cial arrangements, agreed to in the additional protocols to
the Association Agreements,
including participation in
Community programmes.

Participation may be opened to legal entities established
in Cyprus on the basis of additional appropriations in
accordance with the same rules as those applied to the
EFTA States that are members of the EEA, in accordance
with procedures to be agreed on with that country.

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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 countries and to international organisations, where such partici-
pation contributes effectively to the implementation of the action plan and taking into
account the principle of mutual benefit.

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 25 January 1999.

For the European Parliament

The President

J. M. GIL-ROBLES

For the Council

The President

J. FISCHER

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ANNEX I

MULTIANNUAL COMMUNITY ACTION PLAN ON PROMOTING SAFER USE OF THE
INTERNET

ACTION LINES

The action lines, in conjunction with the recommendation on protection of minors and human dignity, are a
means of 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, as well as in the wider European context of the
Bonn Declaration agreed to by ministers from 29 European States.

The action lines have 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 parents and teachers, in particular through their relevant associations,

— to foster cooperation and exchange of experiences and best practices at European and international levels,

— to promote coordination across Europe and between actors concerned,

— to ensure compatibility between the approach taken in Europe and elsewhere.

1. Action line 1. Creating a safer environment

Cooperation from the industry and a fully functioning system of self-regulation 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 prosecuting 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-lines in third countries need 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.

This action will take the form of a call for proposals for participating organisations (20-25) to establish a
European network of hot-lines, and links between this network and hot-lines in 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-enforce-
ment authorities.

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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 effectiveness of self-regulation
measures will be strengthened, at European Union level, by coordination of national initiatives between
the bodies responsible for their implementation.

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 imple-
menting codes of conduct. In connection with the establishment of codes of conduct, a system of visible
‘quality-site labels' will be encouraged to assist users in identifying Internet service providers that adhere
to 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.

2. Action line 2. Developing filtering and rating systems

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. Ratings may 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 innocuous content will not be blocked. Uptake of rating
systems by European content providers and users remains low.

The measures under this action line will focus on demonstrating the potential and the limitations of
filtering and rating systems in a real world environment, with the objective of encouraging the establish-
ment 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 compatible and are relevant to
European requirements and which ensure that filtering and rating is implemented in a way which
provides workable 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 deals with cases where the content provider fails to rate properly. There is a 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 technical 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.

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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.

2.2. Facilitating international agreement on rating systems

International cooperation between operators and other concerned parties in the European Union and
their partners in other regions of the world is particularly necessary in the field of rating, in order to
ensure interoperability.

Work is already under way in a number of bodies dealing with protocols and with the design of a rating
system to deal with the various requirements. It is essential that Europe’s voice be heard in international
discussions and concertation meetings will be organised to ensure this.

3. Action line 3. Encouraging awareness actions

The public is increasingly engaging in Internet activity and reaping the benefits of the new services. At
the same time, there is a degree of uncertainty as to how to deal with every aspect of network
communication; parents, teachers and children need to be made aware of the potential of the Internet and
its drawbacks and do not always have sufficient knowledge about the means to protect children from
undesirable content. Awareness actions contribute to the trust and confidence of parents and teachers in
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 has called for the implementation of a European campaign and an information
and awareness action programme, to be funded by the EU budget, to inform parents and 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 reinforce-
ment 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
the awareness actions carried out under other
programmes, in particular the MIDAS-NET established 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.

take advantage of

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 is parents and teachers, and the action will
providers, content providers) and multipliers, e.g. consumer associations and the education sector.

involve industry (Internet service

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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) aware of the
potential and the drawbacks of the Internet, and of the means to identify useful content and how to block
harmful content.

Actions will be appropriate for the needs of Member States and 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 children).

Actions aimed at teachers could include 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 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.
television) would also be used to stimulate awareness through publicity
Traditional media (press,
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 webpages
will be created and maintained.

The purpose of the Community support is to pump-prime large-scale 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). Community funding will in
general not exceed one third of eligible costs. The use of existing networks will permit cost saving, but
additional financing is required to produce the relevant content.

4. Action line 4. Support actions

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 minors and human dignity calls on the Commission to promote
international cooperation in the various fields covered by that recommendation, particularly through the
sharing of experience and good practices between operators and other concerned parties in the European
Union and their partners in other regions of 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.

An international conference, agreed in accordance with the procedure laid down in Article 5, might allow
the experience gained through the action lines to be shared with actors concerned both in Europe and
more widely. This could deal with all of the issues addressed by the action plan and bring together
industry (self-regulatory bodies, access and service providers, content providers, network operators, soft-
ware houses), user, consumer and citizens rights groups and government bodies involved in industry
regulation and law enforcement. Such a conference could also be instrumental in disseminating the
results of the action plan.

The Conference would build on the results of other conferences on related themes and thus avoid
duplication of efforts.

The Commission will consult the committee referred to in Article 5 before organising such a conference.

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4.3. Evaluating the impact of Community measures

It is obviously important to make an in-depth evaluation whether the objectives of 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 identified in that way.
The evaluation will be carried out in liaison with evaluating the measures taken to protect minors and
human dignity foreseen by the recommendation on protection of minors and human dignity and will be
launched through a call for tenders.

ANNEX II

INDICATIVE BREAKDOWN OF EXPENDITURE

1. Creating a safer environment

2. Developing filtering and rating systems

3. Encouraging awareness actions

4. Support actions

26-30 %

32-38 %

30-36 %

3-5 %

100 %

TOTAL:

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ANNEX III

THE MEANS FOR IMPLEMENTING THE ACTION PLAN

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 meets financial obstacles which 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 calls for proposals
will be defined in close consultation with the relevant experts and according to the procedures referred to
in the Decision. The main criterion for supporting projects through calls for proposals will be their
potential contribution to achieving the objectives of the action plan.

4. Applications for Community support should provide, where appropriate, a financial plan listing all the
including the financial support requested from the

components of
the projects,
Community, and any other requests for or grants of support from other sources.

the funding of

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 partnerships, 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. This scheme 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 changes that call for change of action.

7. The detailed arrangements for the procedures referred to under points 5 and 6 will be implemented in
accordance with Article 5 of this Decision 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 objectives of the action plan and the specific aims of
each action line. This includes activities such as: studies in support of the general goals of the action plan;
preliminary actions in preparation of future activities; measures aimed at facilitating participation in
measures under the action plan as well as facilitating access to the results produced by action plan
initiatives.

10. All projects receiving financial support will be required to display an acknowledgement of the suppport

received.