Proposal for a Regulation of the European Parliament and of the Council on the implementation of the Internet Top Level Domain ".EU"
Date: 2000-12-12
Institutions: European Commission
Subjects: European Union, Internet, database, dissemination of EU information, intellectual property, international standard

27.3.2001

EN

Official Journal of the European Communities

C 96 E/333

Proposal for a Regulation of the European Parliament and of the Council on the implementation of
the Internet Top Level Domain (cid:145).EU(cid:146)

(2001/C 96 E/30)

(Text with EEA relevance)

COM(2000) 827 final (cid:151) 2000/0328(COD)

(Submitted by the Commission on 12 December 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(ccTLDs) or global registration in the generic Top Level
Domains (gTLDs), and will in consequence increase choice
and competition.

Having regard to the Treaty establishing the European
Community, and in particular Article 156 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) The creation of

the .EU Top Level Domain (TLD)

is
included as one of
the targets to accelerate electronic
commerce in the eEurope initiative as endorsed by the
European Council at its meeting in Lisbon on 23 and
24 March 2000.

(2) The communication from the Commission to the Council
and the European Parliament on the Organisation and
Management of the Internet (1) refers to the creation of
the .EU TLD and the Council resolution on the communi-
cation charges the Commission to encourage the coor-
dination of policies in relation to the management of
the Internet.

(3) Internet TLDs are an integral part of the Internet infra-
structure. They are an essential element of
the global
interoperability of the World Wide Web ((cid:145)www(cid:146) or (cid:145)the
Web(cid:146)) The connection and presence permitted by the allo-
cation of domain names and the related addresses allow
users to locate computers and Web-sites on the Web.
TLDs are also an integral part of every Internet e-mail
address.

(4) The .EU TLD will promote easier access to Internet
networks and to the virtual marketplace based on the
Internet, in accordance with Article 154(2) of the Treaty,
by providing an additional and alternative registration
domain to existing country code Top Level Domains

(1) COM(2000) 202.

(5) The .EU TLD will improve the interoperability of trans-
European networks, in accordance with Articles 154 and
155 of the Treaty, by ensuring the availability of .EU name
servers in the Community. This will affect the topology
and technical
in Europe
which will benefit
set of name
servers in the Community.

from an additional

infrastructure of

the Internet

(6) Through the .EU TLD, the internal market will acquire
higher visibility in the virtual marketplace based on the
Internet. The .EU TLD will provide a clearly identified link
with the European Community,
the associated legal
framework, and the European marketplace. It will enable
undertakings, organisations and natural persons within
the Community to register in a specific domain which
will make this link obvious. As such the .EU TLD will
not only be
electronic
commerce in Europe but will also support the objectives
of Article 14 of the Treaty.

a key building block for

(7) The .EU TLD should be implemented in accordance with
the relevant principles adopted by the Governmental
Advisory Committee (GAC) of the Internet Corporation
for Assigned Names and Numbers (ICANN). These prin-
ciples state,
in particular, that the Internet naming and
addressing system is a public resource that must be
managed
Internet
community, and that country code top level domains
the public
are operated in trust by Registries
interest, including the interest of the Internet community,
including
on behalf of
governments who
policy
ultimately
authority over their ccTLDs, consistent with universal
connectivity of the Internet

the relevant public authorities,

interests of

in the

public

global

have

the

for

(8) The Commission, acting on behalf of the Community, has
requested the delegation of the EU code for the purpose
of creating an Internet TLD. On 25 September 2000
ICANN issued a resolution providing that (cid:145)alpha-2 (. . .)
codes are delegable as ccTLDs only in cases where the
ISO 3166 Maintenance Agency, on its exceptional reser-
vation list, has issued a reservation of the code that covers
any application of ISO 3166-1 that needs a coded repre-
sentation in the name of the country, territory or area
involved(cid:146). Such conditions are met by the EU code
which is therefore (cid:145)delegable(cid:146) to the Community.

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Official Journal of the European Communities

27.3.2001

(9) The Community should establish the conditions of
implementation of the .EU TLD to provide for the desig-
nation of a Registry and establish the public policy
framework within which the Registry will function.

(10) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of the proposed action, to implement the .EU
TLD, cannot be sufficiently achieved by the Member States
and can therefore, by reason of the scale and effects of the
action, be better achieved by the Community. This Regu-
lation confines itself to the minimum required in order to
achieve those objectives and does not go beyond what is
necessary for that purpose.

(11)

for

In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
that Decision,

the exercise of

for

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

the .EU Top Level Domain (TLD), sets out

This Regulation charges the Commission with the implemen-
tation of
the
conditions for such implementation, including the designation
of a Registry, and establishes the public policy framework
within which the Registry will function.

Article 2

Characteristics of the Registry

1.
For the purposes of this Regulation, (cid:145)Registry(cid:146) means the
entity entrusted with the organisation, administration and
management of the .EU TLD including maintenance of the
corresponding databases,
registration of domain names,
operation of the Registry TLD name-servers and dissemination
of TLD zone files.

The Commission shall designate

2.
the Registry. The
Commission and the Registry shall enter into a contract for a
limited period of time, renewable. The contract shall specify
the conditions according to which the Commission supervises
the organisation, administration and management of the .EU
TLD by the Registry.

3.
The Registry shall be a not-for-profit entity formed in
accordance with the law of a Member State and having its
registered office, central administration and principal place of
business within the Community.

(1) OJ L 184, 17.7.1999, p. 23.

The Registry shall enter into a contract with the Internet
4.
Corporation for Assigned Names and Numbers
(ICANN),
having obtained the prior consent of the Commission. Such
contract shall be consistent with the relevant principles recom-
mended by the ICANN Governmental Advisory Committee
(GAC).

Article 3

Obligations of the Registry

The Registry shall observe

1.
rules, policies and
procedures laid down in this Regulation and adopted by the
Commission pursuant thereto.

the

2.

The Registry shall:

(a) organise, administer and manage the .EU TLD on the basis
of principles of quality, efficiency, reliability and accessi-
bility;

(b) observe applicable public procurement rules and,
transparent

in any
non-discriminatory

observe

and

event,
procedures;

(c) register domain names in the .EU TLD requested by any:

(i) undertaking having its registered office, central admin-
istration or principal place of business within the
Community, or

(ii) organisation established within the Community, or

(iii) natural person resident within the Community;

(d) impose affordable annual

fees directly related to costs

incurred.

3.
Any aspects of the registration policy for the implemen-
tation of the .EU TLD other than those referred to in Article
4(1) shall be determined by the Registry in consultation with
the Commission and other interested parties and in accordance
with the contract between the Commission and the Registry
referred to in Article 2(2).

Any decision taken by the Registry shall be subject to the
the

the Member State of establishment of

4.
jurisdiction of
Registry.

Article 4

Public policy framework

The Commission shall

1.
rules
concerning the implementation of the .EU TLD in accordance
with the procedure referred to in Article 5(2), having consulted
the Registry.

adopt public policy

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EN

Official Journal of the European Communities

C 96 E/335

2. With a view to preventing and resolving conflicts
between domain name registrations and intellectual property
rights, and taking into account Community and national laws,
the Commission,
and in
accordance with the procedure referred to in Article 5(2), shall:

consulting the Registry

after

framework for
services (1).

electronic

communications networks

and

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

(a) adopt a policy and procedure to prevent speculative and
abusive registration of domain names, which shall conform
including the recommendations of the
to best practices,
World Intellectual Property Organisation (WIPO);

Article 6

Reservation of rights

and intellectual property

(b) adopt an extra-judicial settlement of conflicts policy and
procedure to promptly resolve disputes between domain
names
rights, which shall
conform to best practices, including the recommendations
of the WIPO. This policy shall provide adequate procedural
the parties concerned and shall apply
guaranties
without prejudice to any court proceeding.

for

The Community shall retain all rights relating to the .EU TLD
including, in particular, intellectual property rights and other
required to ensure the
rights
implementation of this Regulation and the right to re-designate
the Registry.

to the Registry databases

Article 7

Entry into force

Article 5

Committee

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

1.
The Commission shall be assisted by the committee estab-
lished by (Draft) Directive XX/XX/EC on a common regulatory

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) Proposal for a Directive on a common regulatory framework for
electronic communications networks and services (cid:151) COM(2000)
393.