Decision No 1151/2003/EC of the European Parliament and of the Council of 16 June 2003 amending Decision No 276/1999/EC adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks
Date: 2003-06-16
Institutions: Council of the European Union, European Parliament
Subjects: EU action, EU control, Internet, action programme, selective dissemination of information

1.7.2003

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

DECISION No 1151/2003/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 June 2003

amending Decision No 276/1999/EC 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 Commu-
nity, and in particular Article 153(2) thereof,

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

(3)

Decision No 276/1999/EC (5) was adopted for a period
of four years.

the Commission has

In accordance with Article 6(4) of Decision No 276/
submitted to the
1999/EC,
European
European Parliament,
Economic and Social Committee and the Committee of
the Regions an evaluation report on the results obtained
at the end of two years in implementing the action lines
set out in Annex I to that Decision.

the Council,

the

The findings of the evaluation formed part of the basic
documentation for a workshop on safer use of new
online technologies at which leading experts in the field
the issues
examined the likely future evolution of
addressed by the action plan laid down in Decision No
276/1999/EC (hereafter referred to as the action plan)
and made recommendations to the Commission.

(1) OJ C 203 E, 27.8.2002, p. 6.
(2) OJ C 61, 14.3.2003, p. 32.
(3) OJ C 73, 26.3.2003, p. 34.
(4) Opinion of the European Parliament of 11 March 2003 (not yet
published in the Official Journal) and Council Decision of 26 May
2003.

(5) OJ L 33, 6.2.1999, p. 1.

(4)

(5)

(6)

(7)

(8)

(9)

New online technologies, new users and new usage
patterns create new dangers and exacerbate existing
dangers at the same time as opening a wealth of new
opportunities.

There is a clear need for coordination within the safer
Internet field, both on the national and the European
level. There should be a large degree of decentralisation
using networks of national focal points. The involvement
of all the relevant actors, especially a greater number of
content providers in the different sectors, should be
encouraged. The Commission should act as a facilitator
for and contributor to European and global cooperation.
Cooperation between the Community and candidate and
accession countries should be enhanced.

More time is needed for actions to be implemented to
enhance networking, to achieve the objectives of the
action plan and to take account of new online technolo-
gies.

The financial framework constituting the prime reference
for the budgetary authority during the annual budgetary
procedure should be amended accordingly.

The Commission should be required to present a second
report on the results obtained in implementing the
action lines after four years and a final report at the end
of the action plan.

The list of candidate and accession countries able to
participate should be amended by including Malta and
Turkey.

(10)

The Action Plan should be extended for a further period
of two years which should be regarded as a second
phase; in order to make specific provision for the second
phase,
taking
the action lines should be amended,
account of the experience and the findings of the evalua-
tion report.

(11) Decision 276/1999/EC should therefore be amended

accordingly,

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Official Journal of the European Union

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HAVE ADOPTED THIS DECISION:

Article 1

Decision No 276/1999/EC is hereby amended as follows:

1. The title shall be replaced by the following:

‘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 and new online technologies by combating illegal
and harmful content primarily in the area of the protection
of children and minors.’

2. Article 1(2) shall be replaced by the following:

The action plan shall cover a period of six years from

‘2.
1 January 1999 to 31 December 2004.’

3. Article 1(3) shall be replaced by the following:

‘3.
The financial framework for the implementation of
the action plan for the period from 1 January 1999 to 31
December 2004 is hereby set at EUR 38,3 million.

The annual appropriations
budgetary authority within the limits of
perspective.

shall be authorised by the
the financial

An indicative breakdown of expenditure is given in Annex
II.’

the first

indent shall be replaced by the

4. In Article 3,
following:
‘— promotion of

industry self-regulation and content
monitoring schemes (for example, dealing with content
such as child pornography or content which is likely to
result in physical or mental harm or content which
incites hatred on grounds of race, sex, religion, nation-
ality or ethnic origin),’

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 plan. The Commission may
present, on the basis of those results, proposals for adjusting
the orientation of the action plan.’

6. Article 7(1) shall be replaced by the following:

‘1.
Participation in this action plan may be opened to
EFTA States which are members of the European Economic
Area (EEA) in accordance with the provisions of the Agree-
ment on the EEA.’

7. Article 7(2) shall be replaced by the following:

The action plan shall be open to participation of the

‘2.
candidate and accession countries on the following basis:
(CEECs),
(a) central and eastern European countries

in
accordance with the conditions established in the
Europe Agreements, in their additional protocols, and in
the decisions of the respective Association Councils;

(b) Cyprus, Malta and Turkey, in accordance with bilateral

agreements to be concluded.’

8. Annex I shall be amended as set out in the Annex I to this

Decision.

9. Annex II shall be replaced by the text in the Annex II to this

Decision.

This Decision is addressed to the Member States.

Article 2

Done at Luxembourg, 16 June 2003.

5. Article 6(4) shall be replaced by the following:

‘4.
At the end of two years, at the end of four years and
at the end of the action plan, the Commission shall submit
the European
to the European Parliament,

the Council,

For the European Parliament

The President

P. COX

For the Council

The President

G. PAPANDREOU

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Annex I to Decision No 276/1999/EC shall be amended as follows:

ANNEX I

1. under the title Action Lines the fourth indent of the second paragraph is replaced by the following:

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

cially with the candidate and accession countries’;

2. under the title Action Lines the following third and fourth subparagraphs are added:

‘Following the initial phase covering the period 1 January 1999 — 31 December 2002, a second phase will be orga-
nised during the period 1 January 2003 — 31 December 2004. This will build on the work to achieve the goals set
out in the four action lines of the initial phase while making the necessary adjustments to take account of experience
gained and of the impact of new technologies and their convergence, and ensuring coherence with other Community
programmes.

in particular:

(i) The coverage of safer use will be extended, primarily with the aim of improving the protection of children and
minors, to new online technologies, including mobile and broadband content, online games, peer-to-peer file
transfer, text and enhanced messages and all forms of real-time communications such as chat rooms and instant
messages;

(ii) Intensified action will be taken to ensure that, primarily in the area of the protection of children and minors,
areas of illegal and harmful content and conduct of concern are covered, with an emphasis on crimes against
children, such as child pornography and trafficking in children and on racism and violence;

(iii) More active involvement of the content and media industry will be encouraged, and collaboration with govern-

ment-backed bodies active in the area will be expanded;

(iv) Enhanced networking will be encouraged among project participants in the various action lines, particularly in

the fields of hotlines, content rating, self-regulation and awareness-raising;

(v) Steps will be taken to associate candidate and accession countries in ongoing activities and to share experience
and know-how, and to increase links and encourage collaboration with similar activities in third countries, parti-
cularly countries where illegal content is hosted or produced, and with international organisations.’;

3.

in paragraph 1.1 the following sixth subparagraph is added:

‘During the second phase, the aim will be to complete the network's coverage in the Member States and to improve
yet further the operational effectiveness of the network, to work closely with safer Internet awareness actions, particu-
larly so as to increase public awareness of the hotlines, to provide practical assistance to candidate and accession
countries wishing to set up hotlines, to adapt best practice guidelines to new technology, and to expand links with
hotlines outside Europe.’;

4.

in paragraph 1.2 the following fourth subparagraph is added:

‘During the second phase, further advice and assistance will be provided so as to ensure cooperation at Community
level through networking of the appropriate structures within Member States and through systematic review and
reporting of relevant legal and regulatory issues, to help develop comparable assessment methodologies of the self-
regulation framework, to help adapt self-regulatory practices to new technology by providing information on relevant
developments in such technology and the way it is used, to provide practical assistance to candidate and accession
countries wishing to set up self-regulatory bodies and to expand links with self-regulatory bodies outside Europe.
Moreover, further support will be given to encourage quality-site labels.’;

5.

in paragraph 2.1 the following seventh and eighth subparagraphs are added:

‘During the second phase, there will be a focus on benchmarking of filtering software and services (especially perfor-
mance, usability, resistance to hacking, suitability for European markets and new forms of digital content). Assistance
for developing filtering technology will be carried forward under the Community research programme. The Commis-
sion will ensure close liaison with activities relating to filtering under the Action Plan.

The second phase will promote the take-up of self-rating by content providers and the provision of information to
users about European filtering software and services.’;

6.

in paragraph 2.2 the following third subparagraph is added:

‘During the second phase, support will be given to bringing together the industries and parties concerned such as
content providers, regulatory and self-regulatory bodies, software and Internet rating organisations and consumer
associations, in order to foster conditions propitious for developing and implementing rating systems which are easy
for content-providers and for consumers to understand and use, which provide European parents and educators with
the necessary information to make decisions in accordance with their cultural and linguistic values, and which take
account of the convergence of telecommunications, audiovisual media and information technology.’;

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7. Paragraph 3.2 is amended as follows:

(a) the fourth subparagraph is replaced by the following:

‘The purpose of the Community support is to pump-prime broadly-based 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). The Commission will continue to take steps
to encourage cost-effective means of distribution to large numbers of users, notably by using multiplier organisa-
tions, and electronic dissemination channels so as to reach the intended target groups.’

(b) the following fifth subparagraph is added:

‘During the second phase, support will be given to exchange of best practice on new-media education by means
of a European network for raising awareness of safer use of the Internet and new online technologies, supported
by
— a comprehensive trans-national repository (web portal) of relevant information and awareness and research

resources,

— applied research on media education involving all interested parties (e.g. education, official and voluntary chil-
dren's welfare bodies, parents associations, industry, law-enforcement) into children's use of new technologies
to identify educational and technological means for protecting them from harm.

The network will also provide technical assistance to candidate and accession countries wishing to set up aware-
ness actions and expand links with awareness activities outside Europe.’;

8. In paragraph 4.2 the second, third and fourth subparagraphs are replaced by the following:

‘The Commission will therefore organise at frequent intervals seminars and workshops addressing the various themes
covered by the action plan, or a combination of such themes. Participation should include industry, user, consumer
and citizens rights groups and government bodies involved in industry regulation and law enforcement, as well as
leading experts and researchers. The Commission will seek to ensure broad participation from the EEA countries,
from third countries and international organisations.’

ANNEX II

INDICATIVE BREAKDOWN OF EXPENDITURE

1. Creating a safer environment

2. Developing filtering and rating systems

3. Encouraging awareness actions

4. Support actions

20-26 %

20-26 %

42-46 %

3-5 %

100 %

Total: