Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain (Text with EEA relevance)
Date: 2002-04-22
Institutions: Council of the European Union, European Parliament
Subjects: Internet address, management, non-profit organisation, regulation of telecommunications

30.4.2002

EN

Official Journal of the European Communities

L 113/1

I

(Acts whose publication is obligatory)

REGULATION (EC) No 733/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 April 2002

on the implementation of the .eu Top Level Domain

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Treaty, by providing a complementary registration
domain to existing country code Top Level Domains
(ccTLDs) or global registration in the generic Top Level
Domains, and should in consequence increase choice
and competition.

Having regard to the opinion of the Economic and Social
Committee (2),

(5)

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

The .eu TLD should 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 infrastructure of the Internet
in Europe which will benefit from an additional set of
name servers in the Community.

Whereas:

(1)

(2)

(3)

(4)

the .eu Top Level Domain (TLD)

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

The communication from the Commission to the
Council and the European Parliament on the organ-
isation and management of the Internet refers to the
creation of the .eu TLD and the Council resolution of 3
October 2000 on the organisation and management of
the Internet (4) charges the Commission to encourage the
coordination of policies in relation to the management
of the Internet.

TLDs are an integral part of the Internet infrastructure.
They are an essential element of the global interoper-
ability of the World Wide Web (‘WWW’ or ‘the Web’).
The connection and presence permitted by the allocation
of domain names and the related addresses allow users
to locate computers and websites on the Web. TLDs are
also an integral part of every Internet e-mail address.

The .eu TLD should promote the use of, and access to,
the Internet networks and the virtual market place based
on the Internet, in accordance with Article 154(2) of the

(1) OJ C 96 E, 27.3.2001, p. 333.
(2) OJ C 155, 29.5.2001, p. 10.
(3) Opinion of the European Parliament of 4 July 2001 (OJ C 65 E,
14.3.2002, p. 147), Council Common Position of 6 November
2001 (OJ C 45 E, 19.2.2002, p. 53) and Decision of the European
Parliament of 28 February 2002 (not yet published in the Official
Journal). Council Decision of 25 March 2002.

(4) OJ C 293, 14.10.2000, p. 3.

(6)

(7)

Through the .eu TLD, the Internal market should acquire
higher visibility in the virtual market place based on the
Internet. The .eu TLD should provide a clearly identified
link with the Community, the associated legal frame-
work, and the European market place. It should 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 a key building block for electronic
commerce in Europe but will also support the objectives
of Article 14 of the Treaty.

The .eu TLD can accelerate the benefits of the informa-
tion society in Europe as a whole, play a role in the
integration of future Member States into the European
Union, and help combat the risk of digital divide with
neighbouring countries. It is therefore to be expected
that this Regulation will be extended to the European
Economic Area and that amendments may be sought to
the existing arrangements between the European Union
and European third countries, with a view to accommo-
dating the requirements of the .eu TLD so that entities in
those countries may participate in it.

(8)

This Regulation is without prejudice to Community law
in the field of personal data protection. This Regulation
should be implemented in compliance with the princi-
ples relating to privacy and the protection of personal
data.

L 113/2

EN

Official Journal of the European Communities

30.4.2002

Internet management has generally been based on the
principles of non-interference, self-management and self-
regulation. To the extent possible and without prejudice
to Community law, these principles should also apply to
the .eu ccTLD. The implementation of the .eu TLD may
take into consideration best practices in this regard and
could be supported by voluntary guidelines or codes of
conduct where appropriate.

on its exceptional reservation list, has issued a reserva-
tion of the code that covers any application of ISO
3166-1 that needs a coded representation in the name
of the country, territory or area involved’. Such condi-
tions are met by the EU code which is therefore ‘delega-
ble’ to the Community.

(9)

(10)

(11)

(12)

The establishment of the .eu TLD should contribute to
the promotion of the European Union image on the
global information networks and bring an added value
to the Internet naming system in addition to the
national ccTLDs.

The objective of this Regulation is to establish the condi-
tions of implementation of the .eu TLD, to provide for
the designation of a Registry and establish the general
policy framework within which the Registry will func-
tion. National ccTLDs are not covered by this Regula-
tion.

The Registry is the entity charged with the organisation,
administration and management of
the .eu TLD,
including maintenance of the corresponding databases
and the associated public query services, the accredita-
tion of Registrars, the registration of domain names
applied for by accredited Registrars, the operation of the
TLD name servers and the dissemination of TLD zone
files. Public query services associated with the TLD are
referred to as ‘Who is’ queries. ‘Who is’-type databases
should be in conformity with Community law on data
protection and privacy. Access
to these databases
provides information on a domain name holder and is
an essential tool

in boosting user confidence.

(13) After publishing a call for expressions of interest in the
Official Journal of the European Communities, the Commis-
sion should, on the basis of an open, transparent and
non-discriminatory selection procedure, designate a
Registry. The Commission should enter into a contract
with the selected Registry which should specify the
conditions applying to the Registry for the organisation,
administration and management of
the .eu TLD and
which should be limited in time and renewable.

(15)

(16)

ICANN is at present responsible for coordinating the
delegation of codes representing ccTLD to Registries.
The Council resolution of 3 October 2000 encourages
the implementation of the principles applied to ccTLD
Registries
adopted by the Governmental Advisory
Committee (GAC). The Registry should enter into a
contract with ICANN respecting the GAC principles.

The adoption of a public policy addressing speculative
and abusive registration of domain names
should
provide that holders of prior rights recognised or estab-
lished by national and/or Community law and public
bodies will benefit from a specific period of time (a
‘sunrise period’) during which the registration of their
domain names is exclusively reserved to such holders of
prior rights recognised or established by national and/or
Community law and public bodies.

(17) Domain names should not be revoked arbitrarily. A
revocation may, however, be obtained in particular
should a domain name be manifestly contrary to public
order. The revocation policy should nevertheless provide
for a timely and efficient mechanism.

(18)

Rules should be adopted on the question of bona vacantia
to address the status of domain names the registration of
which is not renewed or which, for example because of
succession law, are left without holder.

(19)

The new .eu TLD registry should not be empowered to
create second-level domains using alpha-2 codes repre-
senting countries.

(20) Within the framework established by this Regulation,
the public policy rules concerning the implementation
and functions of
the .eu TLD and the public policy
principles on registration, various options including the
‘first come, first served’ method should be considered
when registration policy is formulated.

(14)

creating an Internet

The Commission, acting on behalf of the Community,
has requested the delegation of the EU code for the
purpose of
ccTLD. On 25
September 2000, the Internet Corporation for Assigned
Names and Numbers
issued a resolution
(ICANN)
providing that ‘alpha-2 codes are delegable as ccTLDs
only in cases where the ISO 3166 Maintenance Agency,

(21) When reference is made to interested parties, provision
should be made for consultation encompassing,
in
particular, public authorities, undertakings, organisations
and natural persons. The Registry could establish an
advisory body to organise such consultation.

30.4.2002

EN

Official Journal of the European Communities

L 113/3

(22)

(23)

The measures necessary for the implementation of this
Regulation, including criteria for the selection procedure
of the Registry, the designation of the Registry, as well as
the adoption of public policy rules, should be adopted in
accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise
of
implementing powers conferred on the Commis-
sion (1).

Since the objective of the proposed action, namely 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 at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality as set out in that Article, this
Regulation does not go beyond what is necessary in
order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Objective and scope

The objective of this Regulation is to implement the .eu
1.
country
code Top Level Domain (ccTLD) within the
Community. The Regulation sets out the conditions for such
implementation, including the designation of a Registry, and
establishes the general policy framework within which the
Registry will function.

This Regulation shall apply without prejudice to arrange-

2.
ments in Member States regarding national ccTLDs.

Article 2

Definitions

For the purposes of this Regulation:

(a) ‘Registry’ means the entity entrusted with the organisation,
administration and management of the .eu TLD including
maintenance of the corresponding databases and the asso-
ciated public query services, registration of domain names,
operation of the Registry of domain names, operation of
the Registry TLD name servers and dissemination of TLD
zone files;

(b) ‘Registrar’ means a person or entity that, via contract with
the Registry, provides domain name registration services to
registrants.

Article 3

Characteristics of the Registry

1.

The Commission shall:

(a) establish, in accordance with the procedure referred to in
Article 6(3), the criteria and the procedure for the designa-
tion of the Registry;

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

(b) designate, in accordance with the procedure referred to in
Article 6(2), the Registry after publishing a call for expres-
sions of
the European
Communities and after the procedure for such call has been
completed;

in the Official

Journal of

interest

(c) enter into, in accordance with the procedure referred to in
Article 6(2), a contract which shall specify the conditions
according to which the Commission supervises the organ-
isation, administration and management of the .eu TLD by
the Registry. The contract between the Commission and the
Registry shall be limited in time and renewable.

The Registry may not accept registrations until the registration
policy is in place.

2.
The Registry shall be a non-profit organisation, 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.

3.
Having obtained the prior consent of the Commission,
the Registry shall enter into the appropriate contract providing
for the delegation of the .eu ccTLD code. To this effect the
relevant principles adopted by the Governmental Advisory
Committee shall be taken into account.

4.

The .eu TLD Registry shall not act itself as Registrar.

Article 4

Obligations of the Registry

1.
The Registry shall observe the rules, policies and proced-
ures laid down in this Regulation and the contracts referred to
in Article 3. The Registry shall observe transparent and non-
discriminatory procedures.

2.

The Registry shall:

(a) organise, administer and manage the .eu TLD in the general
interest and on the basis of principles of quality, efficiency,
reliability and accessibility;

(b) register domain names in the .eu TLD through any accred-

ited .eu Registrar requested by any:
(i) undertaking having its registered office, central admin-
istration or principal place of business within the
Community, or

(ii) organisation

the Community
without prejudice to the application of national law, or

established within

(iii) natural person resident within the Community;

(c) impose fees directly related to costs incurred;

(d) implement the extra-judicial settlement of conflicts policy
based on recovery of costs and a procedure to resolve
promptly disputes between domain name holders regarding
rights relating to names including intellectual property
rights as well as disputes in relation to individual decisions
by the Registry. This policy shall be adopted in accordance
with Article 5(1) and take into consideration the recom-
mendations of
the World Intellectual Property Organ-
isation. The policy shall provide adequate procedural guar-
anties for the parties concerned, and shall apply without
prejudice to any court proceeding;

L 113/4

EN

Official Journal of the European Communities

30.4.2002

(e) adopt procedures for, and carry out, accreditation of .eu
Registrars and ensure effective and fair conditions of
competition among .eu Registrars;

Registry shall implement in the registration policy the public
policy rules adopted pursuant
to paragraph 1 taking into
account the exception lists referred to in paragraph 2.

(f) ensure the integrity of the databases of domain names.

4.
The Commission shall periodically inform the Committee
referred to in Article 6 on the activities referred to in paragraph
3 of this Article.

Article 5

Policy framework

Article 6

Committee

After consulting the Registry and following the procedure
1.
referred to in Article 6(3), the Commission shall adopt public
policy rules concerning the implementation and functions of
the .eu TLD and the public policy principles on registration.
Public policy shall

include:

(a) an extra-judicial settlement of conflicts policy;

(b) public policy on speculative and abusive registration of
domain names including the possibility of registrations of
domain names in a phased manner to ensure appropriate
temporary opportunities for the holders of prior rights
recognised or established by national and/or Community
law and for public bodies to register their names;

(c) policy on possible revocation of domain names, including

the question of bona vacantia,

(d) issues of language and geographical concepts;

(e) treatment of intellectual property and other rights.

the entry into force of

2. Within three months of
this
Regulation, Member States may notify to the Commission and
to the other Member States a limited list of broadly-recognised
names with regard to geographical and/or geopolitical concepts
which affect their political or territorial organisation that may
either:

(a) not be registered, or

(b) be registered only under a second level domain according

to the public policy rules.

The Commission shall notify to the Registry without delay the
list of notified names to which such criteria apply. The
Commission shall publish the list at the same time as it notifies
the Registry.

Where a Member State or the Commission within 30 days of
publication raises an objection to an item included in a notified
list, the Commission shall take measures, in accordance with
the procedure referred to in Article 6(3), to remedy the situa-
tion.

3.
Before starting registration operations, the Registry shall
adopt the initial registration policy for the .eu TLD in consulta-
tion with the Commission and other interested parties. The

The Commission shall be assisted by the Communica-
1.
tions Committee established by Article 22(1) of Directive
2002/21/EC of the European Parliament and of the Council of
7 March 2002 on a common regulatory framework for elec-
tronic communications networks and services (Framework
Directive) (1). Until the Communications Committee is estab-
lished pursuant to Decision 1999/468/EC, the Commission
shall be assisted by the Committee established by Article 9 of
Council Directive 90/387/EEC of 28 June 1990 on the estab-
lishment of the internal market for telecommunication services
through the implementation of open network provision (2).

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

4.

The Committee shall adopt its rules of procedure.

Article 7

Reservation of rights

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

Article 8

Implementation report

The Commission shall submit a report to the European Parlia-
ment and the Council on the implementation, effectiveness and
functioning of the .eu TLD one year after the adoption of this
Regulation and thereafter every two years.

(1) OJ L 108, 24.4.2002, p. 33.
(2) OJ L 192, 24.7.1990, p. 1. Directive as last amended by Directive
(OJ L

the European Parliament and of

the Council

97/51/EC of
295, 29.10.1997, p. 23).

30.4.2002

EN

Official Journal of the European Communities

L 113/5

Article 9

Entry into force

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

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

Done at Luxembourg, 22 April 2002.

For the European Parliament

The President

P. COX

For the Council

The President

M. ARIAS CAÑETE