Opinion of the European Economic and Social Committee on the "Proposal for a Council Decision adopting a multi-annual programme (2003-2005) for the monitoring of eEurope, dissemination of good practices and the improvement of network and information security (MODINIS)" (COM(2002) 425 final — 2002/0187 (CNS))
Date: 2002-10-24
Institutions: European Economic and Social Committee
Subjects: EU programme, access to information, action programme, dissemination of information, financing, information society, information technology

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Official Journal of the European Union

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Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Decision
adopting a multi-annual programme (2003-2005) for the monitoring of eEurope, dissemination
of good practices and the improvement of network and information security (MODINIS)’

(COM(2002) 425 final — 2002/0187 (CNS))

(2003/C 61/29)

On 19 September 2002, the Council decided to consult the Economic and Social Committee, under
Article 157 of the Treaty establishing the European Community, on the above-mentioned proposal.

On 17 September, the Committee Bureau asked the Section for Transport, Energy, Infrastructure and the
Information Society to prepare the Committee’s work on the subject.

At its 394th Plenary Session on 24 October 2002, and given the urgency of the procedure, the European
Economic and Social Committee appointed Mr Retureau as rapporteur-general and adopted the following
opinion unanimously.

1.

Introduction

1.4.

It puts in place a multi-annual programme intended:

The MODINIS programme is a continuation of the
1.1.
objectives of the Lisbon Council of 23/24 March 2000 (making
the EU the most competitive knowledge-based economy and
using the open method of cooperation to monitor progress)
and of the Feira Council of 19/20 June 2000, which adopted
the eEurope action plan and the long-term perspectives for the
knowledge-based economy encouraging the access of all
citizens to the new technologies.

1.2.
The Council Resolution of 30 May 2001 on the
eEurope Action Plan: Information and Network Security (1)
and the Council Resolution of 6 December 2001 on a common
approach and specific actions in the area of network and
information security (2) called upon Member States to adopt
appropriate specific actions and approved the strategy put
forward by the Commission to improve network and Internet
security proposing the creation of a European cyber-security
task force, including in particular the improvement of the early
warning system.

1.3.
The present draft decision concerns the monitoring of
the eEurope Action Plan, dissemination of good practices
and the improvement of network and information security
(Article 1 of the proposal).

— to measure and compare the performances of the Member
States against each other and against the best in the
world, using primarily statistics and information already
available;

— to put in place a European mechanism for exchange of

experience on best practice;

— to analyse the economic and social consequences of the
Information Society with a view to identifying the best
responses in terms of competitiveness and cohesion;

— to support efforts to improve network security and to
foster the development of (high-speed) broadband rollout.

1.5.
The activities of the programme are cross-sectoral and
complement Community actions in other fields and under
other programmes, which should not be duplicated.

The programme provides a common framework to
levels: Community,

the various

1.6.
promote interaction at
national, regional and local.

( 1) Council Resolution on Information and Network Security, see
http://register.consilium.eu.int/pdf/en/01/st09/09799en1.pdf
( 2) Council Resolution on a common approach and specific actions
in the area of network and information security, OJ C 43,
16.2.2002.

— collection and analysis of data on the basis of new
indicators, focusing on information relating to the objec-
tives of eEurope 2005;

The actions to be undertaken in pursuit of these

1.7.
objectives include the following:

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— studies on good practices serving implementation of

eEurope 2005;

— organisation of initiatives (seminars, workshops, etc.)
particularly to promote cooperation and exchanges of
good practice;

Action Plan, network and information security policy (1), the
fight against computer-related crime (2), the need to develop a
knowledge-based society without discrimination (3) and the
right to access the Internet securely in terms of the protection
of personal data and the security of commercial transactions
and IT services (4).

— support of the Information Society Forum (network of
web-based experts) as a source of advice for the Com-
mission on implementing the Information Society;

— financing a range of initiatives on network and infor-
mation security, particularly in wireless communications,
and supporting the cyber-security task force;

— support efforts to enhance security at the various levels by
promoting exchanges of experience (training, workshops,
etc.).

1.8.
The Commission will award appropriate contracts for
the implementation of these concrete measures, itself helping
with the collection and dissemination of information, the
development of web services, the organisation of meetings of
experts, seminars and conferences and carrying out prepara-
tory work on the information and warning system in the area
of network and information security (Article 3).

1.9.
The programme will have a budget of EUR 25 million
over the period from 1 January 2003 to 31 December 2005,
distributed annually among the Member States (Article 4).
The Commission, assisted by a committee composed of
representatives of the Member States, will draw up a work
programme each year (Articles 5 and 6).

1.10.
Community aid will be subject to prior appraisal,
monitoring and subsequent evaluation procedures. The Com-
mission will conduct an ongoing evaluation of the programme
to assess to what extent it meets the objectives, informing the
committee of progress. At the end of the programme, the
Commission will produce an evaluation report.

2. General comments

The Committee has expressed its support and encour-
2.1.
agement for all initiatives to promote the Information Society
in a number of opinions. Such initiatives include the eEurope

2.2.
Benchmarking provides a common mechanism for
analysis and reliable comparison provided the indicators are
well chosen and the information collected is relevant. The
Committee feels that a common method for achieving this will
undoubtedly bring essential added value at the Community
level.

2.3.
The Committee also shares the Commission’s view
that, to fully realise the objectives of a competitive knowledge-
based society, the development of high-speed access is a key
requirement for Europeans and should be viewed as a service
of general
interest, readily accessible throughout the Com-
munity at affordable cost. This means it has to be eligible for
Structural Fund support and EIB aid for appropriate invest-
ment. The Committee therefore endorses the priority given to
broadband networks in the programme.

level and are horizontal

2.4.
The Committee wonders whether the programme
funding is commensurate with the considerable number of
measures proposed which cover all countries, range from
European to local
in nature. But
given the delays in getting the programme up and running,
allocations not taken up in the first year should be carried over
to the next two years, and this programme should be seen
the prospects for
as experimental, bearing in mind that
development of the Information Society are long-term, that
technological change is rapid and that the full potential in
terms of access and use has not yet been achieved, especially
in regions which are disadvantaged in various ways.

(1) ESC Opinion on the Communication from the Commission to
the Council, the European Parliament, the Economic and Social
Committee and the Committee of the Regions on network and
information security: proposal for a European policy approach,
OJ C 48, 21.2.2002.

(2) ESC Opinion on the Communication from the Commission to
the Council, the European Parliament, the Economic and Social
Committee and the Committee of the Regions — Creating a Safer
Information Society by Improving the Security of Information
Infrastructures and Combating Computer-related Crime, OJ C 311,
7.11.2001.

(3) ESC Opinion on Public sector information: a key resource for
Europe — Green Paper on public sector information in the
information society, OJ C 169, 16.6.1999.

(4) ESC Opinion on the Proposal for a Directive of the European
Parliament and of the Council concerning the processing of
personal data and the protection of privacy in the electronic
communication sector, OJ C 123, 25.4.2001.

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2.5.
The Committee shares the Commission’s view on the
need to avoid duplication, given the considerable number of
programmes and measures already implemented and funded
by the Community.

from the outside with very simple equipment, thereby giving
access to hostile intruders who ‘hunt’ for non secured connec-
tions from vehicles in the street (a practice known as ‘ward-
riving’).

The work programme drawn up by the Commission
2.6.
with the assistance of a committee composed of representatives
of the Member States could be submitted for as wide a range
of consultation and expert opinion as possible, for example
through the Forum, which could suggest new projects or
directions based on new developments, or by urging the
Member States to introduce consultative procedures on the
themes of the programme in order to address the proposals
and the needs expressed by users, experts and the network
economy more effectively.

2.7. While prior and subsequent evaluations, as well as
monitoring, are essential, the Committee would nevertheless
suggest that the methods employed should not be so bureau-
cratic as to delay, or even cripple, proposals for initiatives and
measures submitted by associations or small groups of experts
with no major financial resources of their own. Access to the
programme must not be limited to institutional bodies with
their own or external funding or permanent teams; on the
contrary, the programme must make it possible to mobilise all
the creative forces in a strategic field, quickly and across a wide
spectrum, for the present and future of the Union.

2.8.
Finally, the Committee would support and encourage
this programme, the development, progress and results of
which it intends to follow with interest.

3. Specific comments

The Committee is particularly concerned by security
3.1.
issues associated with the development of wireless networks;
according to a recent survey, nearly 80 % of French companies
using these technologies are not sufficiently aware of the
security loopholes found in such communication technologies
when systems for connection identification and effective
encryption of data transmitted via current technology are
either non-existent or inadequate. By way of example, in the
La Défense area of northwest Paris, where the head offices of
the largest companies are located, around 40 % of wireless
connections are not yet secured effectively (1).

3.1.1. While wireless connections offer great flexibility of
use, they use waves which may go beyond the confines of the
buildings where they are used and which may be picked up

( 1) Source: SVM magazine, October 2002.

3.1.2.
In addition, Community and public sites are some-
times defaced by crackers who post more or less coherent
messages; this can undermine confidence in eAdministration.
Users’ misgivings with regard to the eEconomy should also be
taken into account so that particular attention is focused on
making electronic commerce secure as a means of promoting
this form of trading within the internal market.

3.1.3.
The programme should include a whole range of
concrete measures to promote a substantial increase in society’s
awareness of security issues, whether they relate to problems
specific to each technology, network architecture or software,
the protection of personal information or information storage
procedures, so that networks and stored information can
withstand accidents, natural disasters, various kinds of hostile
attack and crime, like economic espionage, piracy or terrorism.
Otherwise we may be jeopardising the future of businesses or
the durability of data that is essential to the functioning of the
economy and administration. A range of appropriate means
should be employed to create a real security culture. Such a
culture must be based first and foremost on the training and
accountability of all stakeholders in the Information Society.

The security culture should be conceived in a way
3.2.
which is fully compatible with the freedom of information,
communication and expression, economic, social and cultural
freedoms and generally with the whole range of human rights.
The Committee is concerned by various legislative approaches
adopted recently in a number of countries, particularly in the
aftermath of the 11 September terrorist attacks on the USA,
which are proposing, or seek to implement, measures which
may be effective but which, in some cases, as far as the internet
is concerned, go too far in undermining legal rights and may
impose a disproportionate financial and material burden, as
well as excessive penalties, on providers of access, data storage
space or site hosting. At the same time, the effectiveness of
such measures is debatable as they are not targeted, but rather
seek to monitor all communications over long periods (six
months to a year). A knock-on effect of this could be a
substantial increase in users’ connection costs, a development
which would be counterproductive for the expansion of the
Information Society, while those with criminal intent would
take steps to evade any surveillance, in most cases successfully
(the necessary technologies already exist).

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3.3.
In the Committee’s view, an important priority for the
programme and one of the key objectives of the Information
Society should be to put greater effort into finding the most
effective means of reconciling the need for information and
network protection, and, more generally, the security of people
and property on the one hand, with civil liberties and users’
rights to cheap and totally secure broadband access on the
other.

3.4.
Finally, the Committee suggests that consideration be
given to the feasibility of carrying out a very concise, periodical
assessment of all the efforts undertaken by the Community
and the Member States to promote the various aspects of the
Information Society, a kind of logbook of the initiatives,
programmes and actions conducted at the various levels, their
overall cost and the progress made, including investment in
broadband networks with the assistance of Community funds
and other public funds.

Brussels, 24 October 2002.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council
Regulation establishing the European Union Solidarity Fund’

(COM(2002) 514 final — 2002/0228 (CNS))

(2003/C 61/30)

On 25 September 2002 the Council decided to consult the European Economic and Social Committee,
under the third paragraph of Article 159 of the Treaty establishing the European Community, on the
above-mentioned proposal.

At its 394th Plenary Session on 24 October 2002 the European Economic and Social Committee
appointed Mr Kienle rapporteur-general and adopted the following opinion by 80 votes in favour, with
two abstentions.

1. Presentation of the European Commission’s pro-

posals

Up to EUR 1 billion are to be made available each year
1.3.
between 2002 and 2006. Funding in the form of a single grant
will be awarded at the request of the country affected.

In the wake of the enormous damage and cost caused
1.1.
by the recent
the European
flooding in central Europe,
Commission has submitted a proposal for a Council Regulation
establishing a new European Union Solidarity Fund. The
purpose of this Fund is to help regions in the Member States
and the candidate countries that have been hit by major
natural, technological or environmental disasters.

2. Comments of the European Economic and Social

Committee

The European Economic and Social Committee gives

2.1.
its unqualified approval to the Commission proposal.

1.2.
The new Solidarity Fund is to differ in essence from the
Structural Funds and other existing Community instruments. It
is to be focused on providing immediate financial assistance to
help the people, regions and countries affected to return to
normal as far as possible.

The Committee supports the need for particularly
2.2.
urgent action so that the Solidarity Fund can be up and
running before the end of the year.