Proposal for a Decision of the European Parliament and of the Council on establishing a multiannual Community programme on promoting safer use of the Internet and new online technologies {SEC(2004) 148}
Date: 2004-03-12
Institutions: European Commission
Subjects: EU programme, Internet, data protection, information technology, new technology

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.3.2004 
COM(2004) 91 final 

2004/0023 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on establishing a multiannual Community programme on promoting safer use of the 
Internet and new online technologies 

(presented by the Commission) 

{SEC(2004) 148} 

EN 

   EN 

 
 
 
  
 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The  Internet  is  now  a  household  world.  From  its  beginnings  as  a  communications 
medium  for  scientists,  it  has  exploded  into  a  medium  used  in  homes,  schools, 
businesses and public administrations. It has been the defining force of the end of the 
20th  century  and  the  beginning  of  the  21st  century  and  its  potential  is  still  in  many 
ways untapped. 

Illegal and harmful content and conduct on the Internet is a continuing concern for 
lawmakers, industry and end-users, particularly parents and educators. The European 
Union  has  been  a  forerunner  in  the  fight  against  illegal  and  harmful  content  since 
19961.  

The Safer Internet programme 1999 - 20042 is a major element in the Commission's 
activity  in  the  field.  The  programme  has  set  up  a  European  network  of  hotlines, 
encouraged self-regulation and codes of conduct, supported development of filtering 
and rating systems and stimulated awareness actions. 

According  to  recently  completed  external  evaluation  on  the  period  1999-20023,  the 
programme  has  made  a  significant  contribution  during  the  first  4  years  but  the 
complexity of the issues and the multiplicity of the actors involved means that there 
is still a need for further action. 

There are now new challenges both in quantitative and qualitative terms. 

Qualitative  terms:  new  technologies  include  ever-increasing  processing  power  and 
storage  capacity  of  computers,  broadband  allowing  distribution  of  content  such  as 
video  which  requires  high  bandwidth,  and  the  increased  capacity  of  the  latest 
generation of mobile telephone networks. The new generation of mobile phones will 
be  able  to  distribute  "adult"  content  and  discussions  are  under  way  how  to  restrict 
access to this type of content so that parents can have phones with blocking devices 
to  prevent  children  stumbling  across  explicit  Web  sites  and  unsuitable  online  chat 
rooms.  

In  quantitative  terms,  the  technological  changes  already  described  contribute  to  an 
increase in the volume as well as in the types of content distributed.  

The level of use of Internet and new technologies is growing. Internet access in the 
home now accounts for a growing share of the market, and children are connected to 
it in school even where they do not have it in their homes. Internet penetration in the 
home  stands  at  more  than  42%  for  citizens;  it  exceeds  90%  for  businesses  and 
schools.In  the  13  months  from  April  2002  to  April  2003,  the  number  of  European 
surfers using high-speed connections (which includes DSL, LAN and Cable Modem) 
grew  by  136%,  according  to  the  latest  research  from  Nielsen/NetRatings.  In  some 

1 

2 
3 

Communication on illegal and harmful content on the Internet COM(96) 487 and Green Paper on the 
protection of minors and human dignity in audiovisual and information services COM(96) 483. 
see footnote 22 
COM(2003) 653 

2 

 
 
  
 
                                                 
countries the growth rate was higher, with the UK experiencing the largest increase 
at 235%.  

Broadband  users  are  spending  significantly  more  time  online,  using  the  web  more 
often,  and  visiting  more  websites  than  their  slower,  dial-up  counterparts.  In 
Germany, for instance, narrowband users spend on average seven and a half hours on 
the  web  every  month,  whereas  for  broadband  users  this  increases  to  21  hours, 
equivalent to almost one day per month. 

According  to  a  recent  survey  carried  out  by  one  of  the  awareness  projects  funded 
under  the  current  programme  covering  Denmark,  Ireland,  Iceland,  Norway  and 
Sweden, 97% of children in these countries aged 9 to 16 years have used a computer.  

4 out of 10 children who have chatted on the Internet say that people they have only 
met  on  the  net  have  asked  to  meet  them  in  person.  14%  of  the  children  have  met 
someone they first met on the net, while only 4 % of the parents think the children 
have done this. 44 % of the children who use the Internet have visited a pornographic 
Web site by accident or on purpose. One fourth has received pornographic material 
through  the  net.  30  %  of  the  children  have  seen  Web  sites  with  violent  material, 
while only 15 % of the parents think their children have seen this. 

This  increase  in  connectivity  by  children  will  see  a  corresponding  increase  in 
benefits for them but also risks of "collateral damage". 

The  proliferation  of  unsolicited  e-mail,  or  ‘spam’,  has  reached  a  point  where  it 
creates  a  major  problem  for  the  development  of  e-commerce  and  the  Information 
Society.  A  significant  proportion  of  spam  consists  of  advertisements  for 
pornography, some of it clearly illegal in all circumstances. It is estimated that over 
50 percent of global e-mail traffic will soon be spam.  

2. 

PROMOTING SAFER USE OF THE INTERNET AND NE W ONLINE TECHNOLOGIES 

2.1. 

The legislative context 

Illegal  content  on  one  hand  and  unwanted  or  harmful  content  on  the  other  hand 
require  different  techniques  to  deal  with  them  -  although  unwanted  or  harmful 
content may also be illegal as is often the case with ‘spam’. 

Illegal content and conduct is whatever is so defined by the applicable national law 
and although there are many common features, there are also significant differences 
of details between the laws of Member States (and of third countries where content 
may be produced or hosted).  

The primary method of dealing with illegal content and conduct is for the police to 
arrest the offenders and for them to be brought before the courts and convicted and 
punished if found guilty. There may also be regulatory bodies responsible for taking 
action to enforce certain rules (such as consumer protection) or there may be parallel 
civil remedies (as with copyright infringements). 

In  new  media  such  as  the  Internet,  this  process  is  complicated  by  the  fact  that  the 
elements of the offence may be spread out over different countries, and that it may be 

3 

 
 
  
 
difficult to exercise jurisdiction over the prime culprits. International co-operation is 
therefore needed. 

Unwanted  content  is  content  that  certain  users  do  not  wish  to  receive.  Harmful 
content  means  content  which  adults  responsible  for  children  (parents  or  teachers) 
consider  to  be  harmful  to  those  children.  There  may  also  be  legal  provisions 
restricting  distribution  of  harmful  content  to  adults  only  (legal  pornography,  for 
instance).  

A  variety  of  means  exist  to  deal  with  unwanted  and  harmful  content,  all  of  which 
need to be used in combination in order to increase their effectiveness: enforcement 
of legal provisions, self-regulation, technical means such as filtering, and awareness-
raising. 

In the area of illegal content and in the regulation of distribution of harmful content, 
the  primary  liability  of  content  providers  is  still  largely  a  matter  of  national  law. 
There  is  also  a  divergence  of  the  sensitivity  in  different  Member  States  to  public 
exposure  of  nudity  and  sexual  activity  and  exposure  of  children  to  nudity  and 
violence. 

However,  there  are  instruments  which  lay  down  rules  which  Member  States  are 
required to implement. 

The Directive on Electronic Commerce  4 regulates important aspects of the liability 
of intermediary service providers for "mere conduit", caching and hosting.  

The  EU  was  a  first  mover  on  the  legal  front  against  unsolicited  commercial 
communications  or  'spam'  by  adopting  a  Directive  on  privacy  and  electronic 
communications5 that will lead to a pan-European ‘ban on spam’ to individuals. The 
Commission has published a Communication6 on the subject which identifies a series 
of actions that are needed to complement the EU rules and thereby make the ‘ban on 
spam’ as effective as possible. 

The  Recommendation  on  protection  of  minors  and  human  dignity7  makes 
recommendations  for  Member  States,  the  industry  and  parties  concerned  and  the 
Commission,  and  includes  indicative  guidelines  on  protection  of  minors.  The 
implementation  of  the  Recommendation  was  evaluated  for  the  first  time  in 
2000/2001. The report on the application of this Recommendation8 published in 2001 
showed  that  the  application  of  the  Recommendation  was  already  then  overall  quite 
satisfactory. The Commission has adopted a second report on the implementation of 
the  Recommendation,  on  the  basis  of  a  questionnaire  which  was  sent  to  both  the 
Member States and the acceding States9. 

4 
5 
6 
7 
8 
9 

see footnote 20 
see footnote 19 
COM(2004) 28 
see footnote 21 
COM(2001)106 final 
COM(2003) 776 

4 

 
 
  
 
                                                 
The Framework Decision on child pornography10 sets out minimum requirements for 
Member States in the definition of offences and for sanctions.  

2.2. 

Future developments 

It  is  possible  to  make  predictions  on  the  new  media  landscape  and  the  problems 
likely to be seen in 2005 and beyond, based on current trends: 

•  New technologies and new ways of using existing technologies will be developed. 
These  will  provide  new  opportunities  to  the  vast  majority  of  law-abiding 
businesses and citizens; 

•  Use of new media by children will be an important part of their lives; 

•  However,  criminals  will  use  new  media for carrying out their activities and will 

devise new ways of defrauding businesses and consumers; 

•  Alongside  more  structured  professional  structures  of  production  and  distribution 
familiar to traditional media, the distinctive feature of the Internet will remain the 
possibility  for  atomised  production,  reinforced  by  ways  of  ensuring  secrecy  and 
production of video-on-demand; 

•  At the same time, technology offers scope to devise new ways of preventing and 

detecting crime and identifying the criminals; 

•  The  sexual  exploitation  of  children  will  continue  through  production  of  child 
pornography  and  use  of  new  technologies  to  contact  possible  victims  of  sexual 
abuse. 

2.3. 

Public consultation 

The  process  of  defining  the  problem  and  the  need  for  a  new  programme  was 
informed by a series of public consultations between November 2002 and September 
200311. 

These  confirmed  the  relevance  of  the  action  and  the  need  for  continued  support  at 
European  Union  level.  There  was  agreement  that  the  problem  of  safer  use  of  the 
Internet continued to be a real concern and the problem was aggravated by the new 
technologies  and  new  ways  of  using  such  technologies  which  were  emerging. 
Different  types  of  actions  were  required  at  different  levels,  local,  regional,  at 
European level and internationally - awareness actions in particular had to be carried 
at the level of end users, parents and children, using a multiplier effect. In all cases, 
action  by  the  European  Union  could  ensure  European  added  value.  Stakeholders 
particularly emphasised the need for international co-operation. There was agreement 
on the extended scope of the programme actions; in particular the coverage of spam.  

10 

11 

Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation 
of children and child pornography. OJ L 13 20.1.2004 p. 44 
More  details  of  these  can  be  found  in  the  Commission  Services  Working  Paper  on  the  Ex  ante 
Evaluation SEC () 

5 

 
 
  
 
                                                 
The proposal takes full account of these ideas. Some ideas which were put forward to 
extend  the  scope  for  the  programme,  including  exploitation  of  children  for 
commercial  purposes,  network  and  information  security  and  data  protection,  are 
already covered by other EU policy and funding initiatives. They have been included 
as part of the awareness message and by making appropriate references. 

2.4. 

Conclusion  

There will be a continued need for action both in the area of content unwanted by the 
end  user  or  potentially  harmful  to  children  and  in  the  area  of  illegal  content, 
particularly child pornography.  

Reaching  international  agreement  on  legally  binding  rules  is  desirable  but  will  a 
challenge  to  achieve  and,  even  then,  will  not  be  achieved  rapidly.  Even  if  such 
agreement is reached, it will not be enough in itself to ensure implementation of the 
rules or to ensure protection of those at risk. 

Practical measures continue to be needed to encourage reporting of illegal content to 
those  in  a  position  to  deal  with  it,  to  promote  best  practice  for  codes  of  conduct 
embodying generally agreed canons of behaviour, and to inform and educate parents 
and  children  on  the  best  way  to  benefit  from  the  potential  of  new  media  in  a  safe 
way. 

Action  at  Member  State  level  is  essential  involving  a  wide  range  of  actors  from 
national,  regional  and  local  government,  network  operators,  parents,  teacher  and 
school administrators etc.. The EU can stimulate best practice in Member States by 
carrying out an orientation role both within the EU and internationally and providing 
support for European-level benchmarking, networking and applied research. 

International  co-operation  is  also  essential  and  can  be  stimulated,  co-ordinated, 
relayed and implemented by action through the EU networking structures. 

3. 

A NEW PROGRAMME  

3.1. 

Principles, objectives and orientation 

The  new  programme  will  be  inspired  by  the  principles  of  continuity  and 
enhancement: 

•  Continuity:  continue  doing  what  Europe  does  best  by  taking  account  of  lessons 
learned and by building on the achievements of the initiatives already funded so as 
to ensure that their effects continue; 

•  Enhancement:  meet  new  threats,  ensure  European  added-value,  stimulate  a 

multiplier effect and broaden international outreach. 

The overall objective would continue to be: to promote safer use of the Internet and 
new online technologies, particularly for children, and to fight against illegal content 
and content unwanted by the end user. In line with this, the programme would focus 
on the end-user - particularly parents, educators and children. 

6 

 
 
  
 
The programme will seek to involve and bring together the different actors whose co-
operation  is  essential  but  who  do  not  necessarily  always  come  together  unless  the 
appropriate structures are put in place. 

This  includes  content  providers,  Internet  service  providers  and  mobile  network 
operators,  regulators,  standards  bodies,  industry  self-regulatory  bodies,  national, 
regional  and  local  authorities  responsible  for  industry,  education,  consumer 
protection,  families,  children's  rights  and  child  welfare  and  non-governmental 
organisations  active  in  consumer  protection,  families,  children's  rights  and  child 
welfare. 

3.2. 

Actions 

There  will  be  four  Actions:  fighting  against  illegal  content,  tackling  unwanted  and 
harmful content, promoting a safer environment and awareness-raising. In each case, 
international co-operation would be an integral part of the action. 

3.2.1.  Fighting against illegal content 

As stated above, public authorities (the police, public prosecutors and the courts) are 
in  the  forefront  of  the  fight  against  illegal  content.  Only  they  can  ensure  that 
offenders  are  brought  to  justice.  Hotlines  are  reporting  mechanisms  which  allow 
members of the public to report illegal content and which pass the reports on to the 
appropriate  body  for  action  (Internet  Service  Provider,  police  or  correspondent 
hotline)  and  are  a  way  in  which  industry  and  non-governmental  organisations 
(particularly  those  set  up  to  protect  children  or  fight  racism)  can  contribute  to  this 
process and help to reduce the circulation of illegal content. Many people who would 
be reluctant to make reports directly to the police will report to a non-official hotline. 

The existing hotline network is a unique organisation which would not have been set 
up  without  EU  funding.  The  network  has  been  very  successful  in  expanding 
membership and has an international reach. 

Individual  hotlines  contribute  towards  the  operations  of  the  network,  as  well  as 
obtaining  benefit  from  it.  The  majority  of  reports  dealt  with  by  a  hotline  refer  to 
situations where either the host web site or content provider are outside the area of 
the hotline and outside the jurisdiction of its courts. Provision of EU funding allows 
the  Commission  to  ensure  that  European  standards  are  applied  in  the  selection  of 
hotlines and that hotlines do in fact contribute towards the network. 

It is therefore proposed to fund network co-ordination and individual hotlines. In this 
context, ways need to be explored in which industry can contribute with its technical 
expertise  to  the  fight  against  illegal  content.  The  network  should  be  extended  to 
cover the new Member States and candidate countries, and other European countries 
where illegal content is hosted and produced. 

Such  hotlines  should  liaise  closely  with  other  actions,  such  as  self-regulation  or 
awareness-raising  and  could  be  run  by  organisations  which  are  involved  in  such 
actions.  

The  hotline  network  should  ensure  coverage  and  exchange  of  reports  of  the  major 
types of illegal content of concern - extending beyond the area of child pornography. 

7 

 
 
  
 
Different  mechanisms  and  different  expertise  may  be  required  to  deal  with  other 
areas such as racist content. 

3.2.2.  Tackling unwanted and harmful content 

The  programme  will  provide  funding  for  technological  measures  which  empower 
users to limit the amount of unwanted and harmful content which they receive, and to 
manage  it  if  received  nonetheless,  such  as  assessing  the  effectiveness  of  available 
filtering  technology,  supporting  the  development  of  effective  filtering  technology 
and funding for measures to facilitate and co-ordinate exchanges of information and 
best practices on effective enforcement against spam. 

Other initiatives to deal with unwanted and harmful content will include further work 
on  content  rating  to  take  account  of  the  availability  of  the  same  content  through 
different delivery mechanisms (convergence) as well as joint work by child welfare 
specialists and technical experts to improve tools for protection of minors.  

Implementation  of  this  action  will  be  closely  co-ordinated  with  the  actions  on 
promoting  a  safer  environment  (self-regulatory  action)  and  awareness-raising 
(informing the public about means of dealing with unwanted and harmful content). 

3.2.3.  Promoting a safer environment  

Dealing with illegal, unwanted or harmful content is a complex process, and there are 
areas of significant differences of opinion on whether to seek to harmonise national 
rules, what the substantive rules should be and how to approach differences between 
national  rules  which  are  likely  to  persist.  Issues  include  freedom  of  expression, 
proportionality and technical feasibility. 

The  European  Union  has  emphasised  its  support  for  a  self-regulatory  approach 
offering  flexibility  and  understanding  of  the  needs  of  the  medium  in  an  area 
combining high technology, rapid change and cross-border activity. Different models 
of  Codes  of  Conduct,  are  possible,  but  they  should  share  essential  features  such  as 
effectiveness, fairness and transparency. 

Various initiatives exist and a number have innovative features which could be used 
as  examples  of  best  practice.  There  is  still  work  to  be  done  in  this  area  both  in 
developing  working  self-regulatory  approaches  at  national  level  and  in  setting  up  a 
platform at European level for those working in this area. 

Self-regulation  does  not  necessarily  come  about  by  itself,  nor  does  it  exclude  the 
need  for  some  form  of  legal  underpinning:  a  more  pro-active  approach  may  be 
required  in  order  to  stimulate  agreement  on  an  appropriate  set  of  rules  and  their 
implementation. 

The Safer Internet Forum has been set up under the second phase (2003-2004) of the 
existing  Safer  Internet  Programme  as  a  unique  discussion  forum  including 
representatives of industry, child  welfare  organisations and policy  makers,  and  will 
provide  a  platform  for  national  co-regulatory  or  self-regulatory  bodies  to  exchange 
experience. It will be also give the opportunity to discuss ways in which industry can 
contribute to the fight against illegal content. 

8 

 
 
  
 
3.2.4.  Awareness-raising 

There  is  overwhelming  agreement  among  policy-makers  and  specialists  of  the 
continuing need for systematic information about safer Internet use, particularly for 
personalised,  interactive  and  mobile  applications,  linked  with  other  EU  actions  on 
media education and Internet literacy. 

So  as  to  make  best  use  of  funds  available,  the  Commission  should  concentrate  on 
pump-priming,  encouraging  the  multiplier  effect  and  exchange  of  best  practices 
through a network. 

3.2.5.  Links with other initiatives 

The  programme  will  be  designed  and  implemented  in  close  liaison  with  other 
initiatives including the follow-up to the Recommendation on protect of minors and 
human dignity and the action plan of the World Summit on The Information Society. 

4. 

LEGAL BASIS 

The legal basis will be art 153(2) on protection of the consumer. This was the legal 
basis agreed by the European Parliament and Council for the original Safer Internet 
Action Plan  in 199912 and for the 2 year extension of the Action Plan in 200313. It 
continues to be appropriate since, as stated at point 3.1 above, the programme would 
focus on the end-user - particularly parents, educators and children, and is intended 
to promote their safety when using the Internet and new online technologies. 

12 
13 

see footnote 22 
Decision No 1151/2003/EC of the European Parliament and of the Council of 16 June 2003 OJ L 162, 
1.7.2003, p. 1 

9 

 
 
  
 
                                                 
2004/0023 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on establishing a multiannual Community programme on promoting safer use of the 
Internet and new online technologies 

[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 153(2) thereof, 

Having regard to the proposal from the Commission14, 

Having regard to the opinion of the European Economic and Social Committee15, 

Having regard to the opinion of the Committee of the Regions16, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty17, 

Whereas: 

(1) 

(2) 

(3) 

Internet  penetration  and  use  of  new  technologies  such  as  mobile  phones  is  still 
growing  considerably  in  the  Community.  Alongside  this,  dangers,  especially  for 
children, and abuse of the technologies continue to exist and new dangers and abuses 
are emerging. In order to encourage the exploitation of the opportunities offered by the 
Internet and new online technologies, measures are also needed to promote their safer 
use and protect the end-user from unwanted content. 

The "eEurope 2005 Action Plan"18, developing the Lisbon strategy, aims to stimulate 
secure  services,  applications  and  content  based  on  a  widely  available  broadband 
infrastructure.  Among 
infrastructure, 
development,  analysis  and  dissemination  of  good  practices,  benchmarking  and  a  co-
ordination mechanism for e-policies. 

its  objectives  are  a  secure 

information 

The legislative framework which is being defined at Community level to deal with the 
challenges of digital content in the Information Society now includes rules related to 
online  services,  notably  those  on  unsolicited  commercial  e-mail  in  the  Directive  on 

14 
15 
16 
17 
18 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
COM(2002) 263. 

10 

 
 
  
 
                                                 
privacy  and  electronic  communications19  and  on  important  aspects  of  the  liability  of 
intermediary  service  providers  in  the  Directive  on  electronic  commerce  20,  and 
recommendations  for  Member  States,  the  industry  and  parties  concerned  and  the 
Commission  together  with  the  indicative  guidelines  of  the  Recommendation  on 
protection of minors21. 

There  will  be  a  continued  need  for  action  both  in  the  area  of  content  potentially 
harmful  to  children  or  unwanted  by  the  end  user  and  in  the  area  of  illegal  content, 
particularly child pornography. 

Reaching  international  agreement  on  legally  binding  rules  is  desirable  but  will  be 
difficult  and  will  not  be  achieved  rapidly.  Even  if  such  agreement  is  reached,  it  will 
not be enough in itself to ensure implementation of the rules or to ensure protection of 
those at risk. 

The  Safer  Internet  Action  Plan22  (1998-2004)  has  provided  Community  financing 
which  has  successfully  encouraged  a  variety  of  initiatives  and  has  given  European 
added  value.  Further  funding  will  help  new  initiatives  to  build  on  the  work  already 
accomplished. 

Practical measures are still needed to encourage reporting of illegal content to those in 
a position to deal with it, to encourage development of filtering technologies, to spread 
best  practice  for  codes  of  conduct  embodying  generally  agreed  canons  of  behaviour, 
and  to  inform  and  educate  parents  and  children  on  the  best  way  to  benefit  from  the 
potential of new media in a safe way. 

Action  at  Member  State  level  is  essential  involving  a  wide  range  of  actors  from 
national,  regional  and  local  government,  network  operators,  parents,  teacher  and 
school  administrators.  The  Community  can  stimulate  best  practice  in  Member  States 
by  carrying  out  an  orientation  role  both  within  the  EU  and  internationally  and 
providing support for European-level benchmarking, networking and applied research. 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

International co-operation is also essential and can be stimulated, co-ordinated, relayed 
and implemented by action through the Community networking structures. 

19 

20 

21 

22 

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing of personal data and the protection of privacy in the electronic communications OJ L 201, 
31.7.2002, p. 37. 
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal 
aspects of information society services, in particular electronic commerce, in the Internal Market OJ L 
178, 17.7.2000, p. 1. 
Council  Recommendation  98/560/EC  on  the  development  of  the  competitiveness  of  the  European 
audiovisual and information services industry by promoting national frameworks aimed at achieving a 
comparable and effective level of protection of minors and human dignity OJ L 270, 7.10.1998, p. 48. 
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  OJ  L  33,  6.2.1999,  p.1  as  amended  by  Decision  No  1151/2003/EC  of  the  European 
Parliament and of the Council of 16 June 2003 OJ L 162, 1.7.2003, p. 1. 

11 

 
 
  
 
                                                 
(10)  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 for the exercise of implementing powers conferred on the Commission 23. 

(11)  Complementarity  and  synergy  with  related  Community  initiatives  and  programmes 

should be ensured by the Commission. 

(12)  This  act  establishes  a  financial  framework  for  the  entire  duration  of  the  programme 
which is to be the principal point of reference for the budgetary authority, within the 
meaning  of  point  33  of  the  Interinstutional  Agreement  of  6  May  1999  between  the 
European  Parliament,  the  Council  and  the  Commission  on  budgetary  discipline  and 
improvement of the budgetary procedure. 

(13)  Since  the  objectives  of  the  proposed  actions  cannot  be  sufficiently  achieved  by  the 
Member States  due  to  the  transnational  character  of  the  issues  at  stake  and  can, 
therefore,  by  reason  of  the  European  scope  and  effects  of  the  actions  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 Decision does not 
go beyond what is necessary in order to achieve those objectives. 

HAVE ADOPTED THIS DECISION: 

Article 1 

[Objective of the programme] 

1. 

This  Decision  establishes  a  Community  programme  to  promote  safer  use  of  the 
Internet  and  new  online  technologies,  particularly  for  children,  and  to  fight  against 
illegal content and content unwanted by the end user. 

The programme shall be known as the “Safer Internet plus” programme (hereinafter 
“the Programme"). 

2. 

In  order  to  attain  the  overall  aim  of  the  programme  referred  to  in  paragraph  1,  the 
following lines of action will be addressed: 

(a) 

fighting against illegal content 

(b) 

tackling unwanted and harmful content 

(c) 

promoting a safer environment 

(d) 

awareness-raising 

The activities to be carried out under those lines of action are set out in Annex I. 

The programme shall be implemented in accordance with Annex III. 

23 

OJ L 184, 17.7.1999, p. 23. 

12 

 
 
  
 
                                                 
Article 2 

[Participation] 

1. 

2. 

3. 

1. 

2. 

3. 

Participation  in  the  Programme  shall  be  open  to  legal  entities  established  in  the 
Member States. 

It  shall  also  be  open  to  participation  of  candidate  countries  in  accordance  with 
bilateral agreements to be concluded with those countries. 

Participation in the Programme may be opened to legal entities established in EFTA 
States which are contracting parties to the EEA Agreement, in accordance with the 
provisions of that Agreement. 

Participation  in  the  Programme  may  be  opened,  without  financial  support  by  the 
Community under the programme, to legal entities established in third countries and 
to international organisations, where such participation contributes effectively to the 
implementation of the Programme. The decision to allow such participation shall be 
adopted in accordance with the procedure referred to in Article 4(2). 

Article 3  

[Competences of the Commission] 

The Commission shall be responsible for the implementation of the Programme. 

The Commission shall draw up a work programme on the basis of this Decision. 

The  Commission  shall  act  in  accordance  with  the  procedure  referred  to  in 
Article 4(2) for the purposes of the following: 

a) 

b) 

adoption and modifications of the work programme; 

determination of the criteria and content of calls for proposals, in line with the 
objectives set out in Article 1; 

c) 

any departure from the rules set out in Annex III; 

4. 

The Commission shall inform the committee of progress with the implementation of 
the Programme. 

1. 

2. 

Article 4 

[Committee] 

The Commission shall be assisted by a committee. 

Where 
this  paragraph,  Articles 3 
to 
Decision 1999/468/EC shall apply, having regard to Article 8 thereof. 

is  made 

reference 

and  7  of 

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

13 

 
 
  
 
3. 

The Committee shall set out its rules of procedure. 

Article 5 

[Monitoring and Evaluation] 

1. 

2. 

3. 

1. 

2. 

In  order  to  ensure  that  Community  aid  is  used  efficiently,  the  Commission  shall 
ensure that actions under this Decision are subject to prior appraisal, follow-up and 
subsequent evaluation. 

The Commission shall monitor the implementation of projects under the Programme. 
On  completion  of  a  project,  the  Commission  shall  evaluate  the  manner  in  which  it 
has been carried out and the impact of its implementation in order to assess whether 
the original objectives have been achieved. 

The  Commission  shall  submit  an  evaluation  report  on  the  implementation  of  the 
action  lines  referred  to  in  Article 1(2)  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  by 
[two years from date of publication] at the latest. 

It shall submit a final evaluation report at the end of the Programme. 

Article 6 

[Financial provisions] 

The programme shall cover a period of four years from the 1st January 2005. 

The  financial  reference  amount  for  the  implementation  of  the  programme  for  the 
period referred in paragraph 1 shall be EUR 50 million. 

EUR 20.050 million shall be for the period 2005 to 2006. EUR 29.950 million shall 
be for the period 2007 to 2008. 

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

3. 

An indicative breakdown of expenditure is given in Annex II. 

14 

 
 
  
 
Article 7 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

15 

 
 
  
 
 
 
ANNEX I 

ACTIONS 

1. 

ACTION 1: FIGHTING AGAINST ILLEGAL CONTENT 

Hotlines allow members of the public to report illegal content. They pass the reports 
on  to  the  appropriate  body  for  action  (Internet  Service  Provider  (ISP),  police  or 
correspondent  hotline).  Civilian  hotlines  complement  police  hotlines,  where  these 
exist. Their role is distinct from that of the law enforcement authorities, since they do 
not  investigate  offences  or  arrest  or  prosecute  offenders.  They  constitute  centres  of 
expertise providing guidance to ISPs as to what content might be illegal. 

The existing hotline network is a unique organisation which would not have been set 
up  without  EU  funding.  As  pointed  out  in  the  programme  evaluation  2002,  the 
network has been very successful in expanding membership and has an international 
reach. In order for the hotlines to develop their full potential, it is necessary to ensure 
Europe-wide  coverage  and  co-operation,  and  to  increase  effectiveness  through 
exchange of information, best practice and experience.  

Funding will be provided to hotlines selected following a call for proposals to act as 
nodes of  the  network  and  to network  co-ordination for carrying on the work of the 
European network of hotlines. 

New  hotlines  are  required  in  Member  States  and  candidate  countries  where  none 
currently exists. These must be incorporated quickly and effectively into the existing 
European  network  of  hotlines.  Links  between  this  network  and  hotlines  in  third 
countries  (particularly  in  other  European  countries  where  illegal  content  is  hosted 
and  produced)  should  be  promoted,  enabling  the  development  of  common 
approaches and transfer of know-how and best practice. Existing mechanisms for co-
operation  between  the  national  hotlines  and  law  enforcement  must  be  further 
improved.  There  is  a  need  for  legal  and  technical  training  of  hotline  staff.  Active 
participation by hotlines in networking and cross-border activities will be mandatory.  

Hotlines should be linked to Member State initiatives, supported at national level and 
should be financially viable to ensure continued operation beyond the duration of the 
present programme. Co-funding is intended for civilian hotlines which complement 
the  activities  of  law  enforcement  but  are  not  part  of  the  mechanism  of  law 
enforcement, and so will not be provided for hotlines run by the police. Hotlines will 
make clear to users the difference between their activities and those of the police, and 
will  inform  them  of  the  existence  of  alternative  ways  of  reporting  illegal  contact, 
such as directly to the police.  

In  order  to  achieve  maximum  impact  and  effectiveness  with  available  funding,  the 
hotline network must operate as efficiently as possible. This can be best achieved by 
assigning  a  co-ordinating  node  to  the  network,  which  will  facilitate  agreement 
between  the  hotlines  so  as  to  develop  European-level  guidelines,  working  methods 
and practices which respect the limits of the national laws applying to the individual 
hotlines. 

16 

 
 
  
 
The co-ordinating node will: 

•  provide  a  single  identity  and  entry  point  providing  simple  access  to  the 

appropriate national contact; 

•  promote the network as a whole, generating European-level visibility; 

•  take  contact  with  appropriate  bodies  with  a  view  to  completing  the  network’s 

coverage in the Member States and candidate countries; 

•  improve the operational effectiveness of the network; 

•  draw up best practice guidelines for hotlines and adapt them to new technology; 

•  organise regular exchange of information and experience between hotlines; 

•  provide a pool of expertise for advice and a coaching process for start-up hotlines, 

particularly in candidate countries; 

•  ensure liaison with hotlines in third countries; 

•  maintain  a  close  working  with  the  awareness  co-ordinating  node  (see  point  4 
below) to ensure the cohesion and effectiveness of overall programme operations 
and so as to increase public awareness of the hotlines; 

•  participate  in  the  Safer  Internet  Forum  and  other  relevant  events,  co-ordinating 

input/feedback from hotlines. 

The  co-ordinating  node  will  monitor  effectiveness  of  hotlines  and  collect  accurate 
and  meaningful  statistics  on  their  operation  (number  of  and  type  reports  received, 
action taken and result etc.).  

The  hotline  network  should  ensure  coverage  and  exchange  of  reports  of  the  major 
types of illegal content of concern - extending beyond the area of child pornography. 
Different  mechanisms  and  different  expertise  may  be  required  to  deal  with  other 
areas  such  as  racist  content,  which  might  involve  different  types  of  national  nodes 
dealing with the different issues. Since the financial and administrative resources of 
the  programme  are  limited,  not  all  such  nodes  would  necessarily  receive  funding, 
which might have to be concentrated on a reinforced role for the co-ordinating node 
in these areas. 

Further  types  of  activity  attracting  financial  support  at  EU  level  could  for  instance 
include  software  development  to  assist  hotlines  in  managing  their  workload  and 
handling reports more efficiently. 

2. 

ACTION 2: TACKLING UNWANTED AND HARMFUL CONTENT 

In addition to action to fight illegal content at its source, the appropriate tools should 
be available to users - responsible adults in the case of minors - to make their own 
decisions how to deal with unwanted and harmful content (user empowerment). 

17 

 
 
  
 
Further  funding  should  be  provided  to  increase  the  information  available  about 
performance  and  effectiveness  of  filtering  software  and  services  so  that  user  can 
exercise that choice. 

In addition to research on innovative technology funded under research programmes, 
it  would  also  be  appropriate  to  fund  projects  for  innovative  uses  of  existing 
technology,  for  widening  the  scope  of  filtering  software  and  services  to  content 
delivered by new technologies or for adapting filtering software and services to the 
specific  needs  of  European  users  (including  increasing  the  number  of  languages 
covered). 

Rating  systems  and  quality  labels,  in  combination  with  filtering  technologies,  can 
help  empowering  users  to  select  the  content  they  wish  to  receive  and  provide 
European parents and educators with the necessary information to make decisions in 
accordance  with  their  cultural  and  linguistic  values.  Funding  could  be  given  to 
projects which aim to adapt rating systems and quality labels to take account of the 
convergence of telecommunications, audio-visual media and information technology 
and  to  self-regulatory  initiatives  to  back-up  the  reliability  of  self-labelling  and 
services  to  audit  the  accuracy  of  self-rating  labels.  Further  work  may  be  also  be 
needed  to  encourage  take-up  of  rating  systems  and  quality  labels  by  content 
providers. 

It would be desirable to try to take account of the possible effect of new technologies 
on their safe use by children when they are being elaborated, instead of trying to deal 
with consequences of the new technologies after they have been devised. The safety 
of  the  end-user  is  a  criterion  to  be  taken  into  account  along  with  technical  and 
commercial considerations. One way of doing this would be to foster an exchange of 
views between child welfare specialists and technical experts. 

The  programme  will  therefore  provide  funding  for  technological  measures  which 
empower  users  to  limit  the  amount  of  unwanted  and  harmful  content  which  they 
receive, and to manage unwanted spam that they receive, including: 

•  assessing  the  effectiveness  of  available  filtering  technology  and  providing 

information to the public; 

•  facilitating  and  co-ordinating  exchanges  of  information  and  best  practices  on 
effective  enforcement  against  spam  (see  the  Commission  Communication  on 
unsolicited commercial communications or ‘spam’); 

•  development  of  effective  filtering  technology,  particularly  in  the  second  part  of 

the programme; 

•  measures  to  increase  take-up  of  content  rating  and  quality  site  labels  by  content 
providers and to adapt content rating and labels to take account of the availability 
of the same content through different delivery mechanisms (convergence); 

The use of privacy-enhancing technological measures will be encouraged. Activities 
under  this  action  will  take  fully  into  account  the  provisions  of  the  forthcoming 
Council Framework decision on attacks against information systems. 

18 

 
 
  
 
Development  of  filtering  technologies  will  take  due  account  of  technological 
evolution, and the need for the Commission to take a 'technology neutral'-approach. 

Implementation  of  this  action  will  be  closely  co-ordinated  with  the  actions  on 
promoting  a  safer  environment  (self-regulatory  action)  and  awareness-raising 
(informing the public about means of dealing with unwanted and harmful content). 

3. 

ACTION 3: PROMOTING A SAFER ENVIRONMENT 

A fully  functioning  system  of self-regulation is an essential element in limiting the 
flow  of  harmful  and  illegal  content.  Self-regulation  involves  a  number  of 
components: consultation and representativeness of the parties concerned; code(s) of 
conduct;  national  bodies  facilitating  co-operation  at  Community  level;  national 
evaluation  of  self-regulation  frameworks.24  There  is  a  continuing  need  for 
Community  work  in  this  area  to  encourage  implementation  of  codes  of  conduct  by 
the European Internet and new online technologies industries.  

The  Safer  Internet  Forum  to  be  developed  in  2004  under  the  current  Safer  Internet 
Action  Plan  is  to  become  a  unique  discussion  forum  including  representatives  of 
industry, law enforcement authorities, child welfare organisations and policy makers, 
and  will  provide  a  platform  for  national  co-regulatory  or  self-regulatory  bodies  to 
exchange  experience.  It  will  also  give  the  opportunity  to  discuss  ways  in  which 
industry can contribute to the fight against illegal content. 

The Safer Internet Forum will provide a focal point for discussion at expert level and 
a  platform  to  drive  consensus,  inputting  conclusions,  recommendations,  guidelines 
etc. to relevant national and European channels. 

The  Forum  will  span  all  action  lines,  facilitating  discussion  and  stimulating  action 
relevant to illegal, unwanted and harmful content. Consisting of plenary sessions and 
working  groups,  it  will  be  a  meeting  place  for  actors  from  all  areas  –  including 
government  agencies  and  programmes,  standards  bodies,  industry,  other  services 
within  the  European  Commission,  user  organisations  (e.g.  parent  and  teacher 
associations,  child  protection  groups,  consumer  protection  bodies).  The  Forum  will 
provide an opportunity for people active at national level, especially those involved 
in  Member  State  programmes  and  initiatives,  to  exchange  views,  information  and 
experience.  It  will  liaise  with  other  Community  initiatives  such  as  the  network  and 
information security agency.  

The Safer Internet Forum will have the specific objectives of: 

1. 

Stimulating networking of the appropriate structures within Member States and 
developing links with self-regulatory bodies outside Europe  

24 

see the indicative guidelines for the implementation, at national level, of a self-regulation framework for 
the  protection  of  minors  and  human  dignity  in  on-line  audiovisual  and  information  services.  Council 
Recommendation  of  24  September  1998  on  the  development  of  the  competitiveness  of  the  European 
audiovisual and information services industry by promoting national frameworks aimed at achieving a 
comparable and effective level of protection of minors and human dignity OJ L 270, 7.10.1998, p. 48. 

19 

 
 
  
 
                                                 
2. 

Stimulating  consensus  and  self-regulation  on  issues  such  as  quality  rating  of 
web-sites,  code  of  conduct  for  service  providers,  cross-media  content  rating 
and extending rating and filtering techniques beyond the Internet to other areas 
such as mobile phones and online games 

Working groups will be convened by the Commission for specific issues, with clear 
objectives and deadlines. Results and findings from ongoing and completed projects 
co-funded by programme will feed into the process. By providing an open platform, 
it will help to raise levels of awareness and attract the involvement of the candidate 
states and other countries outside the EU, providing an international arena to address 
a global problem. The Forum will, therefore, ensure that key associations, industries 
and  public  bodies  are  aware  of,  are  consulted  on  and  contribute  to  safer  use 
initiatives within the EU and internationally.  

The  Safer  Internet  Forum  will  be  open  to  participation  of  interested  parties  from 
outside the EU and candidate countries. International co-operation will be enhanced 
by  a  round  table  linked  to  the  Forum  in  order  to  ensure  regular  dialogue  on  best 
practice, codes of conduct, self-regulation and quality ratings. The Commission will 
ensure that synergies with related fora and similar initiatives are fully exploited.  

A call for  tenders may be organised in order to provide  a secretariat to support the 
Safer  Internet  Forum  including  subject-field  experts  to  suggest  themes  of  study, 
prepare working papers, moderate discussions and record conclusions. 

A further type of activity attracting financial support at EU level could for instance 
include self-regulatory projects to design cross-border Codes of Conduct. Advice and 
assistance may be provided so as to ensure co-operation at Community level through 
networking of the appropriate bodies within Member States and candidate countries 
and through systematic review and reporting of relevant legal and regulatory issues, 
to help develop methods of assessment and certification of self-regulation, to provide 
practical  assistance  to  countries  wishing  to  set  up  self-regulatory  bodies  and  to 
expand links with self-regulatory bodies outside Europe. 

4. 

ACTION 4: AWARENESS-RAISING 

Awareness  actions  should  address  a  range  of  categories  of  illegal,  unwanted  and 
harmful  content  (including  e.g.  content  considered  unsuitable  for  children,  racism 
and  xenophobia,  spam)  and  deal  with  consumer  protection,  data  protection, 
information  and  network  security  issues  (viruses).  They  should  deal  with  content 
distributed  over  the  World  Wide  Web  as  well  as  new  forms  of  interactive 
information  and  communication  brought  about  by  the  rapid  deployment  of  the 
Internet  and  mobile  telephony  (e.g.  peer-to-peer  services,  broadband  video,  instant 
messaging, chat-rooms, etc.). 

The  Commission  will  continue  to  take  steps  to  encourage  cost-effective  means  of 
distribution to large numbers of users, notably by using multiplier organisations and 
electronic dissemination channels so as to reach the intended target groups. 

The  programme  will  provide  support  to  appropriate  bodies  which  will  be  selected 
following an open call for proposals to act as awareness nodes in each Member State 
and  in  each  candidate  country  and  which  will  carry  out  awareness  actions  and 

20 

 
 
  
 
programmes  in  close  co-operation  with  all  relevant  actors  at  national,  regional  and 
local  levels.  European  added  value  will  be  provided  by  a  co-ordinating  node.  This 
will  operate  in  close  liaison  with  nodes  to  ensure  that  there  is  an  exchange  of  best 
practice. 

Bodies seeking to act as national nodes will need to show that they have the strong 
support  of  national  authorities.  They  should  have  a  clear  mandate  to  educate  the 
public  in  safer  use  of  the  Internet  and  new  media  or  in  media  and  information 
literacy, and must have the necessary financial resources to implement that mandate. 

National nodes will be expected to: 

•  devise  a  cohesive,  hard-hitting  and  targeted  awareness  campaign  using  the  most 
appropriate  media,  taking  into  account  best  practice  and  experience  in  other 
countries 

•  establish  and  maintain  a  partnership  (formal  or  informal)  with  key  players 
(government  agencies,  press  and  media  groups,  ISP  associations)  and  actions  in 
their country relating to safer use of Internet and new media 

•  co-operate with work in the wider field of media and information literacy 

•  inform users about European filtering software and services and about hotlines 

•  actively  co-operate  with  other  national  nodes  in  the  European  network  by 
exchanging  information  about  best  practices,  participating  in  meetings  and 
designing  and  implementing  a  European  approach,  adapted  as  necessary  for 
national linguistic and cultural preferences 

•  provide  a  pool  of  expertise  and  technical  assistance  to  start-up  awareness  nodes 

(new nodes could be ‘adopted’ by a more experienced node) 

To  ensure  maximum  co-operation  and  effectiveness,  a  co-ordinating  node  will  be 
funded to provide logistical and infrastructural support for national nodes, ensuring 
European-level  visibility,  good  communication  and  exchange  of  experience  so  that 
lessons learnt can be applied on an ongoing basis (for instance by adapting awareness 
material).  

The co-ordinating node should:  

•  provide  effective  communication  and  exchange  of  information  and  best  practice 

within the network 

•  provide  training  in  safer  use  of  Internet  and  new  technologies  for  national  node 

staff (training for trainers) 

•  provide  technical  assistance  to  candidate  countries  wishing  to  set  up  awareness 

actions 

•  co-ordinate national nodes' provision of expertise and technical assistance to start-

up awareness nodes 

21 

 
 
  
 
•  propose  indicators  and  manage  collection,  analysis  and  exchange  of  statistical 
information about national awareness-raising activities so as to assess their impact 

•  provide infrastructure for a single, comprehensive trans-national repository (web 
portal)  of  relevant  information  and  awareness  and  research  resources  with 
localised  content  (or  local  sub-sites  as  appropriate)  including  news  snippets, 
articles, monthly newsletter in several languages as well as providing visibility for 
Forum activities  

•  expand links with awareness activities outside Europe 

•  participate  in  Safer  Internet  Forum  and  other  relevant  events,  co-ordinating 

input/feedback from awareness network  

Research  will  also  be  carried  out  on  a  comparable  basis  into  the  way  people, 
especially  children,  use  new  media.  Further  action  at  EU  level  could  for  instance 
include support for specific child-friendly Internet services or an award for the best 
awareness activity of the year. 

22 

 
 
  
 
ANNEX II 

INDICATIVE BREAKDOWN OF EXPENDITURE 

1)    Fighting against illegal content 

2)    Tackling unwanted and harmful content 

3)    Promoting a safer environment  

4)    Awareness-raising  

23 - 28 %

16 – 23 %

5 - 9 %

43 – 50 %

23 

 
 
  
 
 
ANNEX III 

THE MEANS FOR IMPLEMENTING THE PROGRAMME 

1) 

The  Commission  will  implement  the  programme  in  accordance  with  the  technical 
content specified in Annex I. 

2) 

The programme will be executed through indirect action comprising:  

(a) 

shared-cost actions 

– 

– 

– 

– 

Pilot projects and best practice actions. Ad-hoc projects in areas relevant 
to  the  programme,  including  projects  demonstrating  best  practice  or 
involving innovative uses of existing technology.  

Networks: networks bringing together a variety of stakeholders to ensure 
action  throughout  the  European  Union  and  to  facilitate  co-ordination 
activities and transfer of knowledge. They may be linked to best practice 
actions.  

Applied Europe-wide research carried out on a comparable basis into the 
way people, especially children, use new media. 

Community  funding  will  normally  not  exceed  50  %  of  the  cost  of  the 
project . Public sector bodies may be reimbursed on the basis of 100 % of 
the additional costs.  

(b) 

accompanying measures 

– 

Accompanying  measures  will  contribute  to  the  implementation  of  the 
programme  or  the  preparation  of  future  activities.  Measures  devoted  to 
the  commercialisation  of  products,  processes  or  services,  marketing 
activities and sales promotion are excluded.  

• 

• 

• 

• 

• 

benchmarking and opinion surveys to produce reliable data on safer 
use  of  the  Internet  and  new  online  technologies  for  all  Member 
States collected through a comparable methodology; 

technical  assessment  of  technologies  such  as  filtering  designed  to 
promote  safer  use  of  Internet  and  new  online  technologies.  The 
assessment  will  also  take  into  account  whether  these  technologies 
are privacy-enhancing or not; 

studies in support of the programme and its actions, including self-
regulation  and  the  work  of  the  Safer  Internet  Forum,  and  the 
preparation of future activities;  

prize competitions for best practice; 

exchange  of  information,  conferences,  seminars,  workshops  or 
other meetings and the management of clustered activities;  

24 

 
 
  
 
• 

dissemination, information and communication activities. 

3) 

4) 

5) 

The selection of shared-cost actions will be based on calls for proposals published on 
the Commission's Internet site in accordance with the financial provisions in force. 

Applications for Community support should provide, where appropriate, a financial 
plan listing all the components of the funding of the projects, including the financial 
support  requested  from  the  Community,  and  any  other  requests  for  or  grants  of 
support from other sources. 

Accompanying  measures  will  be  implemented  through  calls  for  tenders  in 
accordance with the financial provisions in force. 

25 

 
 
  
 
LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): Information Society 

Activity(ies): Information Society Content and Services 

Title of action: Multiannual Community Action Plan on promoting safer use of the Internet 
and new online technologies (Safer Internet plus) 

1. 

BUDGET LINE(S) + HEADING(S) 

Budget line(s): 09 03 03 (ex line B5-821) and 09 01 04 04 (ex-line B5-821A) 

2. 

OVERALL FIGURES  

2.1. 

Total allocation for action: 50 € million for commitment 

€ 50 million  

2.2. 

Period of application:  

From January 1st, 2005 to December 31st, 2008 

2.3. 

Overall multiannual estimate on expenditure: 

a) 

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) 

(financial 

09 03 03 (ex line B5-821) 

€ million (to 3rd decimal place) 

2005 

2006 

2007 

2008 

Total 

9.500

10.100

14.730

14.730 

49.060

Commitment 
appropriations 

Payment 
appropriations25 

2005 
2006 
2007 
2008 
2009 and subs. Yrs 

2.000
3.700
2.800
1.000

-
2.200
3.800
2.900
1.200

-
-
4.600
5.700
4.430

- 
- 
- 
6.000 
8.730 

2.000
5.900
11.200
15.600
14.360

49.060

Total 

9.500

10.100

14.730

14.730 

25 

The amounts relating to the execution of the Safer Internet Action Plan (1999–2004) need to be added 
to payment credits for 2005, 2006, 2007 

26 

 
 
  
 
 
 
 
 
 
 
 
                                                 
b) 

Technical and administrative assistance and support expenditure (see point 6.1.2.) 

09 01 04 04 (ex-line B5-821A) 

€ million (to 3rd decimal place) 

2005 

2006 

2007 

2008 

Total 

0.220 

0.230 

0.240 

0.250 

0.940 

Commitments/ 
payments 

Subtotal a+b 

Commitment 
appropriations 

Payment appropriations 

2005 
2006 
2007 
2008 
2009 and subs. Yrs 

09 03 03 + 09 01 04 04 € million (to 3rd decimal place) 

2005 

2006 

2007 

2008 

Total 

9.720

10.330

14.970

14.980 

50.000

2.220
3.700
2.800
1.000

-
2.430
3.800
2.900
1.200

-
-
4.840
5.700
4.430

- 
- 
- 
6.250 
8.730 

2.220
6.130
11.440
15.850
14.360

Total 

9.720

10.330

14.970

14.980 

50.000

c) 

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 
(see points 7.2. and 7.3.) 

€ million (to 3rd decimal place) 

2005 
0.950 

2006 
0.950 

2007 
0.950 

2008 
0.950 

Total 
3.800 

Commitments/ 
payments 

TOTAL a+b+c 

2005 

2006 

2007 

2008 

Commitments 
Payments 

10.670 
3.170 

11.270
7.080

15.930
12.390

15.930
16.800

2009 and 
sub yrs 

14.360 

Total 

53.800 
53.800 

2.4. 

Compatibility with the financial programming and the financial perspective 

X 

Proposal compatible with the existing financial programming (7.62 M€ in 2005 
and 7.73 M€ in 2006 from budget line 09 03 03), after the following transfers 
from other budget lines: 090302 eContent (ex-B5 334), 1 mio € in 2005 and in 
2006; 0902 Electronic Communications Policy (ex B5-302) 1.1 mio € in 2005 
and 1.6 mio € in 2006. 

(cid:134) 

This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 
financial perspective. 

27 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(cid:134) 

This  may  entail  application  of  the  provisions  of  the  Interinstitutional 
Agreement. 

The original proposal for the Safer Internet Action Plan adopted by the Commission 
in November 1997 foresaw a budget of 30 mio euro for four years, although only 25 
mio euro was granted by the European Parliament and Council. The extension of the 
programme 2003 - 2004 saw increased funding of 13.3 mio euro (6.7 mio for 2004). 
This was based on a request made by the Commission which was at the low end of 
what was then needed. Certain costs in 2004 could only be met by stopping funding 
of development of filtering software and services and transferring the amount saved 
to other items. 

The  reasons  for  requesting  a  substantial  increase  in  funding  in  2005-  2008  are  as 
follows: 

a) 

b) 

c) 

the increased scope of the programme to deal with the changes of technology 
and  the  way  technology  is  being  used,  particularly  the  spectacular  growth  in 
their  use  by  minors,  the  reinforcement  of  awareness  activities  and  the 
foreseeable rise in the workload of hotlines due to the amount of illegal content 
in circulation and the number of reports made. 

the enlargement of the EU from 15 to 25. Adequate resources are required in 
order to allow national nodes to be set up in the 10 new Member States for the 
network of hotlines (Action 1) and the awareness network (Action 4), and for 
the  additional  needs  of  the  two  network  co-ordinators  created  by  a  larger 
number of nodes to co-ordinate.  

The programme will include not only Internet and other new technologies such 
as mobile phones, but also unsolicited commercial e-mail ("spam"). Including 
spam will involve additional expenditure under actions 2, 3 and 4. 

The  most  significant  increase  needed  is  action  to  co-ordinate  exchanges  of 
information and best practices on effective enforcement against spam and support to 
develop  filtering  technologies  under  Action  2:  Tackling  unwanted  and  harmful 
content.  

2.5. 

Financial impact on revenue: 

X  No financial implications (involves technical aspects regarding implementation 

of a measure) 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
participation 

Participation 
candidate 
countries 

Heading 
Financial 
Perspective 

NON-
COMP 

DIFF 

NO 

YES 

YES 

N 3 

28 

 
 
  
 
4. 

LEGAL BASIS  

Article 153 of the Treaty establishing the European Community 

Decision no …/…./EC of the European Parliament and the Council, concerning the 
adoption of a multiannual community programme (2005 – 2008) on promoting safer 
use of the internet and on online technologies (Safer Internet plus). 

5. 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention 

5.1.1.  Objectives pursued and community intervention 

The general objective would continue to be: to promote safer use of the Internet, particularly 
for children, and to fight against illegal content and against content unwanted by the end user. 

The specific objectives are. 

1) 

2) 

3) 

4) 

Fighting  against  illegal  content  by  allowing  users  to  report  illegal  content,  with  a 
network of hotlines; 

Tackling  unwanted  and  harmful  content:  benchmarking  of  filtering  software,  co-
ordinate  exchanges  of  information  and  best  practices  on  effective  enforcement 
against  spam,  development  of  effective  filtering  technology;  adapt  existing  content 
rating systems to take account of convergence 

Promoting a safer environment by supporting a self-regulatory approach (design and 
implementation  of  European  Codes  of  Conduct  for  industry)  and  ensuring  co-
operation at Community level; 

Increasing  awareness  about  safer  use,  by  supporting  a  European  network  of 
awareness activities; 

5.1.2.  Measures taken in connection with ex ante evaluation 

A detailed ex-ante evaluation has been drawn up based on a number of inputs, including two 
external evaluations of the Action Plan 1999 - 200226 , consultation of external stakeholders 
and the information available to the Commission through the wide range of actions in which it 
has taken part over the last few years and its contacts with major players. 

It emerges clearly from these that illegal and harmful content and conduct on the Internet is a 
continuing concern for lawmakers, industry and parents. It is expected that the problem will 
grow  in  both  qualitative  (new  technologies,  new  platforms)  and  quantitative  terms  (both  in 
terms  of  quantity  and  type  of  content).  Increase  in  connectivity  by  children  will  see  a 
corresponding increase in benefits for them but also risks of "collateral damage". 

The  proliferation  of  unsolicited  commercial  e-mail,  or  ‘spam’,  has  reached  a  point  where  it 
creates a major problem for the development of e-commerce and the Information Society. 

26 

COM(2003) 591 final, adopted by the Commission on 10 October 2003. 

29 

 
 
  
 
                                                 
In  the  area  of  illegal  content  and  in  the  regulation  of  distribution  of  harmful  content,  the 
primary liability of content providers is still largely a matter of national law. However, there 
are instruments which lay down rules which Member States are required to implement. The 
Electronic Commerce Directive27 regulates the liability of intermediary service providers for 
"mere  conduit",  caching  and  hosting.  The  EU  was  a  first  mover  on  the  legal  front  against 
spam by adopting a Directive on privacy and electronic communications28 that will lead to a 
pan-European  ‘ban  on  spam’  to  individuals.  The  Recommendation  on  protection  of  minors 
and  human  dignity29  makes  recommendations  for  Member  States,  the  industry  and  parties 
concerned and the Commission and includes indicative guidelines on protection of minors. 

According  to  the  Safer  Internet  1999-  2002  programme  evaluation,  there  was  a  consensus 
among those consulted that relying on the regulatory framework alone was not enough to deal 
with the global nature of the problem. Regulation has to be backed up by practical measures 
to  assist  those  responsible  for  enforcing  the  law,  to  provide  tools  for  users  to  protect 
themselves  and  the  children  for  whom  they  are  responsible  against  unwanted  and  harmful 
content,  to  encourage  industry  to  find  self-regulatory  solutions,  and  to  inform  and  educate 
parents, teachers and children about the problems and the best ways to deal with them. Public 
intervention at Community level, complementing what is done at national, regional and local 
level,  is  desirable  due  to  the  trans-national  nature  of  the  problem  and  the  need  of  a  high 
international co-operation to tackle the problem.  

Two operational conclusions followed from the above: 

- there is a consensus of the need for Community intervention complementary to what is being 
done at Member State level 

-  the  actions  lines  for  the  proposed  programme  are  those  where  action  at  EU  level  is  most 
appropriate and will be most effective in providing solutions 

The  drafting  of  this  proposal  has  taken  into  account  discussions  involving  Commission 
services responsible for relevant actions, such as Education and Culture, Internal Market and 
Justice and Home Affairs.  

The programme aims to maximise its impact on the target audience by using networking and 
the multiplier effect. The approach chosen builds on the results of Safer Internet 1999-2004, 
while  bringing  in  additional  elements  that  take  account  of  new  challenges.  These  elements 
add  strength  to  the  actions,  which  mutually  reinforce  each  other,  and  keep  their  coherence 
without reducing the relevance to the target population. 

This  is  the  approach  that  was  identified  in  the  ex  ante  evaluation  and  which  has  been 
translated  into  operational  objectives  covering  well  defined  areas  of  action  and  instruments 
for the implementation. 

27 

28 

29 

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal 
aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 
178, 17.7.2000, p. 1). 
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing of personal data and the protection of privacy in the electronic communications (OJ L 201 
31.7.2002, p. 37). 
see footnote 20 

30 

 
 
  
 
                                                 
5.1.3.  Measures taken following ex post evaluation 

The programme evaluation 1999 - 2002 gave a positive assessment of the achievements of the 
current  Safer  Internet  programme.  The  evaluators  found  that  the  programme  had  made  a 
significant  contribution  during  the  first  4  years  but  the  complexity  of  the  issues  and  the 
multiplicity of the actors involved means that there is still a need for further action. 

The  evaluators  recognised  the  positive  impact  of  the  current  programme,  particularly  in 
fostering networking and providing a wealth of information about the problems of safer use of 
the Internet and their solutions.  

More specifically it was concluded that: 

Stakeholders  agree  that  the  programme's  original  objectives,  priorities  and  means  of 
implementation  still  apply,  and  that  the  action  lines  are  appropriate  mechanisms  for  the 
fulfilment of the objectives. 

At the policy level, the programme has been successful in putting the issues of developing a 
safer  Internet  firmly  on  the  agenda  of  the  EU  and  the  Member  States.  The  foresight  of  the 
European Commission in identifying these issues early on in the development of the Internet 
should be recognised. 

The  evaluators  made  a  number  of  detailed  recommendations  with  regard  to  the  action  lines 
and how they should be implemented: 

•  Extend emphasis/objectives to encompass new and emerging communication technologies 
that will in particular influence children's use of the Internet (e.g. 3G mobile telephones).  

•  Review the Action Line on filtering and rating. 

•  Continue to move towards networks of nodes for awareness-raising in the Member States. 

•  Continue to engage with actors external to the European Union 

•  Encourage wider involvement of ISPs and other relevant industry players 

•  Focus  programme  where  it  is  likely  to  have  the  most  impact  which  is  at  the 

European/International level through networking and multipliers 

The  Commission  had  already  anticipated  many  of  these  findings  in  its  proposals  for  an 
extension  of  the  Safer  Internet  Action  Plan  and  will  implement  them  as  part  of  the  Work 
Programme 2003-2004. The design of Safer Internet plus takes full account of these findings. 

31 

 
 
  
 
5.2. 

Actions envisaged and arrangements for budget intervention 

The actions foreseen are four: 

1) 

2) 

3) 

4) 

Fighting against illegal content 

Tackling unwanted and harmful content  

Promoting a safer environment 

Awareness-raising 

5.3.  Methods of implementation 

In  order  to  achieve  greater  cost  effectiveness,  contractors  under  the  hotlines  and  awareness 
actions should be given financial support for a longer period (3-4 years) as opposed to the 18 
months  to  2  years  period  normal  under  the  current  Safer  Internet  Action  Plan.  This  will 
involve a first contract based on an open call, normally for a 2 year period, with the possibility 
for successful projects of renewal following a project review, with additional funding for the 
extension period. 

The  delivery  mechanisms  foreseen  in  the  proposal  follow  broadly  the  usual  Community 
approach  to  grants  and  co-funding  on  the  basis  of  a  detailed  financial  request.  However, 
bearing in mind the low-budget environment of the Safer Internet action simpler contracts for 
hotlines and national awareness nodes with a flat-rate grant to the budget should be possible. 

There will also be parts that are fully financed by the Community. Funding will be granted 
following calls for proposals and call for tenders.  

The programme will be managed at central level by the Commission. The appropriation for 
technical  and  administrative  assistance  and  support  expenditure  is  intended  to  cover 
expenditure  for  studies,  meetings  of  experts,  information,  conferences  and  publications 
directly linked to the objective of the programme, plus any other expenditure on technical and 
administrative assistance not involving public authority tasks. 

6. 

FINANCIAL IMPACT  

6.1. 

Total financial impact on Part B - (over the entire programming period) 

6.1.1.  Financial intervention (Commitment appropriations) 

Breakdown 
Fighting against illegal 
content 
Tackling unwanted and 
harmful content 
Promoting a safer 
environment  

2005 

Commitments in € million (to the 3rd decimal place) 
2006 

Total 

2008 

2007 

3.150 

3.150 

3.150 

3.150 

12.600 

0.750 

0.750 

4.130 

4.130 

9.760 

0.600 

1.000 

1.000 

1.000 

3.600 

Awareness-raising  

5.000 

5.200 

6.450 

6.450 

23.100 

TOTAL 

9.500 

10.100 

14.730 

14.730 

49.060 

32 

 
 
  
 
The split between the four actions is indicative and is done according to the split indicated in 
the Annex II of the draft European Parliament and Council Decision. 

6.1.2 

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure 
(Commitment appropriations) 

2005 

Commitments in € million (to the 3rd decimal place) 
2006 

Total 

2007 

2008 

Technical and 
administrative assistance 
(web site, editorial services, 
projects evaluation, etc.) 
Information, publications, 
communication 
TOTAL 

0.220 

0.230 

0.240 

0.250 

0.940 

0.220 

0.230 

0.240 

0.250 

0.940 

Expenses  for  meetings  of  programme  committee  are  charged  on  A07031.  Expenses  for 
stakeholders meetings are charged on A07030 (see section 7). 

6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period) 

Commitments in € million (to the 3rd decimal place) 

Breakdown  

Type  
of outputs 
(projects, files) 

Number of 
outputs over 4 
years 

Average unit 
cost 

Fighting against 
illegal content  

Hotlines 

Central network activity 

Total

Benchmarking and co-
ordination of anti-spam 
measures, both 4 year projects, 
filtering projects  

Total

Support actions for self-
regulation, Safer Internet forum 
Total

Awareness nodes 
Central network activity 
Total 

Tackling unwanted 
and harmful content  

Promoting a safer 
environment  

Awareness-raising  

TOTAL COST 

25 network 
nodes
1
26
2 *4 year 
projects
10 filtering 
projects
4
10

10
25
1
26

0.092 per 
year 
0.85 per year 

 0.4 (peryear) 
= 3.2 mio 
6.56 mio 

0.360 

0.197 
0.850 

Total 
cost 
(total for 
4 years) 

9.200 

3.400 
12.600 
3.200 

6.560 

9.760 
3.600 

3.600 
19.700 
3.400 
23.100 
49.060 

Expenses in the first two years are concentrated in ensuring  continuity and consolidation of 
the hotlines and awareness networks, keeping both the momentum and ensuring expansion to 
all Member States, while launching new actions on spam and self regulation. These networks 
will face and increased workload in quantitative and qualitative terms in the coming years and 
continuous  support  for  their  work  is  needed.  The  objective  of  both  networks  differ 
considerably: hotlines are special points for reporting illegal content, while awareness nodes 
have  the  mission  to  promote  safe  use  of  the  internet  and  new  mobile  networks  among 
children,  teachers  and  parents.  Their  work  is  fundamentally  different  and  it  is  expected  that 
different organisations in Member States will carry out each job. Such will be the case too for 

33 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the  co-ordination  nodes,  to  be  ensured  by  different  organisations,  promoting  good  practices 
and  exchange  of  information  between  the  members  of  the  different  networks,  in  their 
respective field of activity, as detailed in annex 1 of the programme proposal. The support for 
nodes of both networks as detailed above will be carried out on a co-financing basis (support 
to “projects”). 

The  programme  considers  the  possibility  of  supporting  actions  in  third  countries  with  the 
agreement of the programme committee. This option would be important for a possible, but 
certainly limited, support for hotlines in third countries where the bulk of illegal and harmful 
content is hosted. 

The  programme  will  deal  under  the  second  objective  “tackling  unwanted  and  harmful 
content” with actions on benchmarking of filtering products and co-ordinating and facilitating 
exchanges  of  information  and  best  practice  on  effective  enforcement  against  spam.  In  the 
second  part  of  the  programme  it  will  support  the  development  of  filtering  technology  and 
measures to take up of content rating and quality site labels. 

Annual target outputs have been calculated according to the following overall distribution of 
the programme’s budget: 

Fighting against illegal content  

Tackling unwanted and harmful content  

Promoting a safer environment 

Awareness-raising  

23 - 28 %

16 – 23 %

5 - 9 %

43 – 50 %

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

7.1. 

Impact on human resources 

Types of post 

Staff to be assigned to management 
of the action using existing and/or 
additional resources 

Number of 
permanent posts 

Number of 
temporary posts 

Total 

Description of tasks deriving 
from the action 

A 

B 

C 

Permanent 
officials or 
Temporary 
staff 

Other human 
resources 

Total 

4

1

2

7

4

1

2

1

8

1 END30

1

Programme management (calls, 
work programme, Commission 
procedures), project 
management, costs monitoring

Technical assistance to projects

No additional staff - staffing requirements will be met by internal redeployment 

30 

Expected contribution from EFTA in terms of personnel. 

34 

 
 
  
 
 
 
 
 
                                                 
7.2. 

Overall financial impact of human resources 

Type of human resources 

Amount € 

Method of calculation 

Officials 

Temporary staff 

756,000 
From EFTA (see 
footnote 24) 

7 x 108 000 

Total 

756,000 

7.3. 

Other administrative expenditure deriving from the action 

Budget line 

Amount € 

Method of calculation 
(Yearly expenses) 

(number and heading) 

Overall allocation 
(Title A7) 

A0701 – Missions 

A07040 – Conferences 

A07031 – Compulsory 
committees  

A07030 – Non 
compulsory meetings 

Information systems 
(A-5001/A-4300) 

Other expenditure - 
Part A (state which) 

14,000

 20 missions per year x 700 within EU 

100,000

… 

40,000

2 annual meeting x 1 participant x 25 Member State x 
800 

40,000

2 annual meetings with stakeholders (20 participants x 
1000 per meeting) 

-

-

-

-

Total 

194,000  

The amounts are total expenditure for twelve months. 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

35 

 
 
  
 
 
 
 
 
8. 

FOLLOW-UP AND EVALUATION 

8.1. 

Follow-up arrangements 

The  implementation  of  the  programme,  including  monitoring,  will  be  carried  out  by 
Commission  officials.  The  ongoing  monitoring  of  the  programmes  will  be  based  on  the 
information obtained directly from beneficiaries, which will submit interim and final activity 
and financial reports, including performance indicator criteria set out in the selection process.  

In order to ensure the quality of the execution of the programme, visits to the projects will be 
carried out on a regular basis, and regular feedback will also be requested on the activities of 
participants in the programme. 

All  projects  and  actions  will  include  built-in  evaluation,  or  provision  for  assessment  by 
external  experts  or  internal  sources,  and  contain  performance  indicators  and  guidelines  for 
follow-up.  

For one-off projects, such as seminars and conferences, on-site monitoring will be undertaken, 
and external in-depth evaluation will be carried out on the basis of random samples and/or on 
the basis of risk factors. 

8.2. 

Arrangements and schedule for the planned evaluation 

An interim evaluation will be carried out at the end of the second year of the programme. An 
ex post evaluation focused on the impact of the action in question will be carried out at the 
end of the programme. 

For the purpose of evaluation, the following indicators have been identified: 

General objectives 

Indicators 

(cid:137) 

to promote safer use of the Internet, 
particularly for children, and to fight 
against unwanted content by end users 

-  Quantitative/qualitative data on actions, 
reports and other results of these actions 

-  Quantitative/qualitative data on 

participants’ perceptions as to the impact 
of the programme; 

Operational Objectives 

Indicators 

1. Fighting against illegal content  

-  Quantitative/qualitative data on 

2. Tackling unwanted and harmful 
content  

effectiveness and visibility of hotlines 

-  Level of information about available 

technology 

-  Number and coverage of initiatives 

relating to filtering, content rating and 
quality site labels at European level 

3. Promoting a safer environment 

-  Number and coverage of self-regulatory 

4. Reinforcing co-operation and 
awareness 

initiatives at European level 

-  Level of knowledge of safer use of new 
media among children and parents 

-  Extent of awareness-raising activities, 
number of teachers/educators trained 

36 

 
 
  
 
9. 

ANTI-FRAUD MEASURES 

Funding decisions and contracts between the Commission and the beneficiaries provide for in 
situ  checks  to  be  carried  out  on  the  premises  of  beneficiaries  of  a  Community  grant  by  the 
Commission  and  the  Court  of  Auditors,  and  bestow  the  power  to  require  evidence  of  any 
expenditure made under such contracts, agreements and legal undertakings within five years 
following  the  end  of  the  contractual  period.  On-the-spot  audits  will  be  carried  out  when 
deemed necessary. 

Beneficiaries are subject to reporting and financial accounting obligations. These are analysed 
from the point of view of content and eligibility of expenditure, bearing in mind the purpose 
of the Community funding, and taking account of contractual obligations and of the principles 
of economy and sound financial management. 

Appended to the financial agreements is information of an administrative and financial nature, 
designed to specify the kind of expenditure which is eligible under such agreements. Where 
appropriate, Community coverage of certain cost elements will be limited to items which are 
real,  identifiable  and  verifiable  in  the  beneficiary’s  book-keeping  arrangements,  so  as  to 
facilitate checking and auditing (and evaluation for selection purposes) of projects in receipt 
of funding. 

As  regards  public  procurement,  and  as  foreseen  in  the  Financial  Regulation  (art  93-96) 
administrative  or  financial  penalties  may  be  imposed  by  the  Commission  on  candidates  or 
tenderers who are in one of the cases of exclusion foreseen. 

37