Common Position (EC) No 39/2003 of 26 May 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a decision of the European Parliament and of the Council adopting a multiannual programme (2003 to 2005) for the monitoring of the eEurope 2005 Action Plan, dissemination of good practices and the improvement of network and information security (MODINIS) (Text with EEA relevance)
Date: 2003-05-26
Institutions: Council of the European Union
Subjects: EU programme, action programme, data protection, information society, project evaluation

8.7.2003

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COMMON POSITION (EC) No 39/2003

adopted by the Council on 26 May 2003

with a view to the adoption of a Decision No . . ./2003/EC of the European Parliament and of the
Council of . . . adopting a multiannual programme (2003-2005) for the monitoring of the eEurope
2005 Action plan, dissemination of good practices and the improvement of network and
information security (MODINIS)

(2003/C 159 E/02)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Council endorsed the general objectives of the Action plan
on 21 and 22 June 2002.

Having regard to the Treaty establishing the European
Community, and in particular Article 157(3) thereof,

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

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

Acting in accordance with the procedure set out in Article 251
of the Treaty (3),

Whereas:

(1) On 23 and 24 March 2000 the Lisbon European Council
set the objective of making the European Union the most
competitive and dynamic knowledge-based economy in
the world and stated the need to use an open method
for the coordination of measurement of progress.

the

(2) On 19 and 20 June 2000, the Feira European Council
endorsed the eEurope 2002 Action plan and especially
underlined
term
economy
perspectives
encouraging the access of all citizens to the new tech-
nologies and on 30 November 2000 the Internal Market
Council defined a list of 23 indicators to measure progress
of the eEurope 2002 Action plan.

prepare
knowledge-based

necessity
the

longer

for

to

(3) On 28 May 2002 the Commission published a Communi-
cation addressed to the European Parliament, the Council,
the European Economic and Social Committee and the
Committee of
the Regions entitled ‘eEurope 2005: An
information society for all’, and the Seville European

(1) OJ C 291 E, 26.11.2002, p. 243.
(2) OJ C 61, 14.3.2003, p. 184.
(3) Opinion of the European Parliament of 12 February 2003 (not yet
published in the Official
Journal), Council Common Position of
26 May 2003 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(4) On 22 January 2001,

the

the Commission published a
Communication addressed to the European Parliament,
the Council,
Social
Committee and the Committee of the Regions entitled
‘Creating a Safer Information Society by Improving the
Security of
Information Infrastructures and Combating
Computer-related Crime’.

Economic

European

and

(5) The Conclusions of the Stockholm European Council of
the
23 and 24 March 2001 contained a request
Council,
together with the Commission, develop a
comprehensive strategy on the security of electronic
networks including practical
implementing action. The
communication on ‘Network and Information Security:
for a European Policy Approach’ of 6 June
Proposal
2001 was the initial Commission response to this request.

that

Information and Network Security,

(6) The Council Resolution of 30 May 2001 on the eEurope
Action plan:
the
Council Resolution of 28 January 2002 on a common
approach and specific actions in the area of network
and information security (4),
the Council resolution of
18 February 2003 on a European approach towards a
culture of network and information security (5) and the
European Parliament Resolution of 22 October 2002 on
Network and Information Security:
a
European Policy called upon Member States to launch
specific actions to enhance the security of electronic
communication networks and information systems. The
European Parliament and the Council further welcomed
the Commission's intentions to develop amongst others
a strategy for a more stable and secure operation of the
Internet infrastructure and to make a proposal for the
establishment of the future structure at European level
for network and information security issues.

Proposal

for

(7) The eEurope 2005 Action plan, confirmed in this respect
by the Council Resolution of 18 February 2003, proposes
inter alia the establishment of
the future structure at
for network and information security
European level
issues.

(4) OJ C 43, 16.2.2002, p. 2.
(5) OJ C 48, 28.2.2003, p. 1.

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and job creation. The

(8) The move towards the Information Society can, by intro-
ducing new forms of economic, political and social
relations, help the European Union to cope with the chal-
this century, and can contribute to growth,
lenges of
Information
competitiveness
Society gradually reorganises the nature of economic and
social activity and has important cross-sectorial effects in
hitherto independent areas of activity. The measures
into
necessary
the
the
account
risks associated with a digital
Community and the
exclusion as well as the efficient
the
Internal market. The actions of the European Union and
of
the Member States in relation to the Information
Society aim to promote further the participation of disad-
vantaged groups in the Information Society.

implementation should take
cohesion of

functioning of

and social

economic

for

its

(9) There is a need for the establishment of mechanisms for
monitoring and for the exchange of experiences which
to compare and analyse
will enable Member States
performances and review progress
in relation to the
eEurope 2005 Action plan.

(10) Benchmarking allows Member States to assess whether the
national initiatives that they have taken in the framework
of the eEurope 2005 Action plan are producing results
that can be compared with those in other Member
States, as well as internationally, and are fully exploiting
the potential of the technologies.

(11) Action by Member States in the framework of the eEurope
2005 Action plan can be further supported by dissemi-
nating good practices. The European added value in the
area of benchmarking and good practices consists of the
comparative evaluation of results of alternative decisions,
measured by a common methodology of monitoring and
analysis.

(12) There is a need to analyse the economic and societal
consequences of the Information Society with a view to
facilitating policy discussions. This will allow Member
the economic and industrial
States better
to exploit
potential of technological development,
in particular in
the area of the Information Society.

(13) Network

a

for

and

that,

become

towards

further progress

European authorities

information security has

a
prerequisite
secure
business environment. The complex nature of network
in developing
and information security implies
local, national and, where
policy measures in this field,
appropriate,
into
should take
account a range of political, economic, organisational
and technical aspects, and be aware of the decentralised
and global character of communication networks. The
planned
at
for network and information security
European level
issues would enhance
the Member States' and the
Community's ability to respond to major network and
information security problems. Preparatory work needs
to commence as early as 2003.

establishment

structure

future

the

of

countries of

the European Economic Area,
States,
applicant and candidate countries as well as the associated
countries of Central and Eastern Europe, the Commission
could in future encourage further involvement of these
countries in the activities of the programme.

a

financial

framework constituting

(15) This Decision lays down, for the entire duration of the
programme,
the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission on
budgetary discipline and improvement of the budgetary
procedure, for the budgetary authority during the annual
budgetary procedure.

(16) The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1).

for

(17) The progress of this programme should be continuously

monitored,

HAVE ADOPTED THIS DECISION:

Article 1

A multiannual programme (2003-2005) for the monitoring of
the eEurope 2005 Action plan, dissemination of good practices
and improvement of network and information security
(hereafter referred to as ‘the programme’) is hereby adopted.

The programme shall have the following objectives:

(a) to monitor performance of and within Member States and
to compare it with the best in the world by using, where
possible, official statistics;

(b) to support efforts made by Members States

in the
framework of eEurope, at national, regional or local level,
by analysis of eEurope good practices and by the comple-
mentary interaction of developing mechanisms of exchange
of experiences;

(c)

to analyse the economic and societal consequences of the
Information Society with a view to facilitating policy
industrial competi-
discussions particularly in terms of
tiveness and cohesion as well as
social
in terms of
inclusion;
to provide the eEurope Steering Group with
the necessary information for it to be able to assess the
appropriate strategic direction of the eEurope 2005 Action
plan;

(d) to prepare for the establishment of the future structure at
European level for network and information security issues,
as envisaged by the Council Resolution of 28 January 2002
and in the eEurope 2005 Action plan, with a view to
improving network and information security.

(14) Since the activities mentioned above pursue the objectives
of promoting synergies and cooperation between Member

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

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in

out

these

The activities of the programme shall be actions of a cross-
sectorial nature, complementing Community actions in other
fields. None of these actions shall duplicate the work being
carried
other Community
programmes. The actions taken under the programme on
benchmarking, good practices and policy coordination shall
work to achieve the objectives of the eEurope 2005 Action
plan,
to promote network and information security and
broadband, and to promote eGovernment, eBusiness, eHealth
and eLearning.

under

fields

The programme shall also provide a common framework for
complementary interaction at European level of the various
national, regional and local levels.

Article 2

In order to attain the objectives referred to in Article 1, the
following categories of actions shall be undertaken:

(a) Action 1: Monitoring and Comparison of Performance

— data collection and analysis on the basis of the bench-
marking indicators as defined in the Council Resolution
of 18 February 2003 on the implementation of the
eEurope 2005 Action plan (1),
including regional
indicators where appropriate. A special focus should
be given to data relating to the key targets of the
eEurope 2005 Action plan;

(b) Action 2: Dissemination of Good Practices

— studies to identify good practices, at national, regional
implemen-

level, contributing to successful

and local
tation of the eEurope 2005 Action plan;

— support

for

targeted

conferences,

or
workshops in support of the objectives of the eEurope
2005 Action plan in order to promote cooperation and
exchange of experiences and good practices within the
common framework of complementary interaction as
defined in point (b) of Article 1;

seminars

(c) Action 3: Analysis and Strategic Discussion

— support the work of social and economic experts with a
view to providing the Commission and, on request, the
eEurope Steering Group with input as regards pros-
pective policy analysis;

— support for the eEurope Steering Group to provide a
strategic overview of implementation of the eEurope
to offer a forum to exchange
2005 Action plan,
experiences
early participation of
candidate countries and, where appropriate, to invite
other stakeholders to express their views.

and to permit

(d) Action 4:
Security

Improvement of Network and Information

— preparation for the establishment of the future structure
at European level for network and information security
issues, as envisaged in the Council Resolutions of
28 January 2002 and of 18 February 2003 on a
European approach towards a culture of network and
information security, and in the eEurope 2005 Action
plan,
financing surveys, studies,
workshops on subjects such as security mechanisms
and
interoperability, network reliability
and their
and
privacy
cryptography,
advanced
protection,
security in wireless communications.

inter alia,

through,

Article 3

In carrying out the objectives set out in Article 1 and the
actions set out in Article 2, the Commission shall use the
appropriate and relevant means, and in particular:

— the award of contracts for the execution of tasks relating to
surveys, exploratory studies, detailed studies on specific
fields, demonstration actions of
limited size including
workshops and conferences;

— the collection, publication and dissemination of information

and the development of web-based services;

— the

granting of
conferences, seminars.

support

for meetings of

experts,

Article 4

The programme shall cover a period from 1 January 2003 to
31 December 2005.

The financial
framework for
programme is hereby set at EUR 20 million.

the implementation of

this

An indicative breakdown is given in the Annex.

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

Article 5

The Commission shall be responsible for the implementation of
the programme and its coordination with other Community
programmes. The Commission shall draw up a work
programme every year on the basis of this Decision.

The Commission shall act in accordance with the procedure
referred to in Article 6(2):

(a)

for the adoption of the work programme,
overall budgetary breakdown,

including the

(1) OJ C 48, 28.2.2003, p. 2.

evaluation,

(b) for

the

adoption of

the measures

for programme

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(c)

for determination of the criteria for calls for proposals, in
line with the objectives outlined in Article 1, and for the
assessment of the projects submitted in response to such
calls where Community funding of an estimated amount of
to, or more than,
Community contribution is equal
EUR 250 000.

Article 6

The Commission shall regularly inform the Committee
eEurope Steering Group of progress with the

3.
and the
implementation of the programme as a whole.

At the end of the programme,

the Commission shall
4.
submit to the European Parliament, to the Council and to
the European Economic and Social Committee an evaluation
report on the results obtained in implementing the actions
referred in Article 2.

The Commission shall be assisted by a Committee (here-

1.
inafter referred to as ‘the Committee’).

Article 8

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

1.
The programme may be opened, within the framework of
their respective agreements with the European Community, to
the European Economic Area, applicant and
countries of
candidate countries as well as the associated countries of
Central and Eastern Europe.

2.
In the course of implementing this Decision, cooperation
with non-member countries and with international organi-
sations or bodies, as appropriate, shall be encouraged.

3.

The Committee shall adopt its rules of procedure.

Article 9

Article 7

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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

subject

Article 10

This Decision is addressed to the Member States.

During implementation of

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

to assess whether

and after

actions

Done at . . .

For the European Parliament

For the Council

The President

The President

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Multiannual Programme for the Monitoring of eEurope, dissemination of good practices and the improvement
of network and information security (MODINIS)

ANNEX

Indicative breakdown of expenditure 2003-2005

Percentages of total budget by category and year

Action 1 — monitoring and comparison
of performance

Action 2 — dissemination of good practice

Action
discussion

3 — analysis

and

strategic

Action 4 — improvement of network and
information security

Percentage of total

2003

12 %

8 %

2 %

17 %

39 %

2004

14 %

10 %

3 %

5 %

32 %

2005

Total 2003-2005

14 %

12 %

3 %

0 %

29 %

40 %

30 %

8 %

22 %

100 %

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 26 July 2002 the Commission adopted the above-mentioned proposal for a Decision of the
European Parliament and the Council (1). The proposal is based on Article 157(3) of the EC Treaty.

2. The European Parliament delivered its Opinion on 12 February 2003, the Economic and Social

Committee on 24 October 2002 and the Committee of Regions on 12 February 2003.

3. The Commission forwarded its amended proposal to the European Parliament and the Council on

9 April 2003 (2).

4. On 26 May 2003 the Council adopted its common position in accordance with Article 251 of the

EC Treaty.

II. OBJECTIVE

The purpose of this proposal is to provide a financial support programme to accompany national
efforts for the transformation of Europe into a knowledge-based economy. The programme contributes
to the Lisbon strategy by monitoring performances of and within Member States, by facilitating the
dissemination of good practices, by analysing the economic and societal consequences of
the
Information Society and by improving network and information security. MODINIS is a successor to
the PROMISE programme, which expired at the end of last year. It also provides necessary comple-
mentary funding to ensure the proper implementation of the eEurope 2005 Action Plan, the objectives
of which were endorsed by the Seville European Council.

III. ANALYSIS OF THE COMMON POSITION

The common position shares the overall objective of the Commission's proposal and in general terms,
the proposed means of attaining that objective.

However, the text of the proposal has been reworded in the course of discussion within the Council.
Moreover, some articles were restructured to enhance clarity and user-friendliness. The main points of
the common position differing from the Commission proposal are the following:

1. The common position re-structured Article 2 to align it with Article 1 and the four actions included
in the proposed programme. Moreover, in these articles, the local level has been given a parallel
status to national and regional
levels in the framework of good practices and exchange of
experiences.

2. In Articles 1 and 2, the Council enforced the impetus given to achieving the objectives of the
eEurope 2005 Action Plan. In this context, it added a reference to an eEurope Steering Group.

3. As far as network and information security is concerned, the ‘cyber-security task force’ referred to in
the Commission's proposal has been termed ‘future structure at European level for network and
information security issues’. This is due to the fact that, since the present Commission's proposal, a
new Commission proposal for the establishment of a European Network and Information Security
Agency was issued, and the final form of this structure is currently not decided. However, the need
to prepare this structure, which is to be operative from the beginning of 2004, is underlined in the
references of the common position in Articles 1 and 2.

4. On the basis of the experience from the preceding programme PROMISE and given unfortunate
delay in the adoption of the programme, the financial reference amount now proposed in Article 4
of the common position is EUR 20 million.

(1) OJ C 291 E, 26.11.2002, p. 243.
(2) Not yet published in the Official Journal.

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5. In Article 5, the Council has broadened the scope of the involvement of the management committee
in order to ensure sufficient control over the implementation of the programme while avoiding
unnecessary bureaucracy.

6. The new Article 8 of the common position provides for the possibility of opening the programme
to EEA countries, applicant and candidate countries as well as the association countries of central
and eastern Europe. Moreover, cooperation with non-member countries and international organi-
sations or bodies is encouraged.

IV. EUROPEAN PARLIAMENT AMENDMENTS

1. European Parliament amendments accepted by the Commission and adopted by the Council

— Amendment 1 has been incorporated into recital 6 of the common position.

— Amendment 2 has been incorporated into recital 7 of the common position albeit in a slightly

redrafted wording.

— The Council

incorporated amendments 3 and 4 into recital 8 of

its common position

(amendment 4 in part, leaving out the reference to specific groups).

— Amendments 5 and 6 have been merged, reworded and incorporated into recital 14 of the

common position.

— Amendment 10 has been incorporated into Article 1(c) of the common position as far as the

reference to social inclusion is concerned.

— The Council incorporated amendments 11 and 12 into points (d) of Article 1 and (d) of Article 2

respectively, with a slight rewording.

— The Council accepted amendment 15 in part but redrafted the proposed new second paragraph

in order to avoid repetition.

2. European Parliament amendments accepted by the Commission but not adopted by the

Council

— The Council did not adopt amendment 9 since it felt that there is a presumption that the

information used for benchmarking is up to date.

3. European Parliament amendments adopted by neither Commission nor Council

— Amendment 7 has not been accepted because the eEurope+ programme it refers to will end at
the end of 2003 and in 2004 the candidate countries concerned shall participate in full as
Member States.

— Amendments 8 and 13, which would change the management committee to an advisory
committee have not been accepted. Like the Commission, the Council considers that for trans-
parency reasons a management committee is more appropriate. The references to different
representatives included in amendment 13 has not been accepted either. The Council deleted
in the Article 6 of the common position the reference to representatives altogether, given that
this matter is made explicit in the relevant Decision to which the article refers.

— The Council did not adopt amendment 14 since it merely repeats the obligations of the Financial

regulation.