Opinion of the Committee of the Regions on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on unsolicited commercial communications or “spam”’
Date: 2004-06-16
Institutions: European Committee of the Regions
Subjects: Internet, advertising, consumer protection, data protection, electronic commerce, electronic mail

C 318/24

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Official Journal of the European Union

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2.3
insists that at least in the transitional stage, training
courses should be provided regarding access to eGovernment,
with facilities for those with disabilities, older people and those
who are less highly trained, in order to encourage e-inclusion
and eliminate any danger of discrimination;

2.4
welcomes the observation that provision is no guarantee
of usage of online services and strongly encourages research on
demand-side preferences and barriers, both in relation to
service type and access methods, as well as on supply-side
innovation, to identify channels which will attract the widest
spectrum of users, across differing geographic locations and
among different age, gender and socio-economic groups;

2.5
stresses that the potential of IT should be exploited to
the full when improving the quality and productivity of public
services provided through traditional channels;

2.6
recommends the adoption of a protocol that eGovern-
ment programmes and projects supported with public funding
are required to share outcomes, and to report the benefits
accrued from the initiative and lessons for improvement;

2.7
urges the Commission to encourage support for local
and regional authorities to provide eGovernment in different
languages with a special focus on regional and lesser used
languages;

2.8
acknowledges the complexity of evaluation of major
initiatives in new fields of activity, but urges the setting of clear
inception and full open critical assessment of
targets at
outcomes (both successes and failures) on criteria including
relevance, effectiveness, efficiency and functionality, with the
goal of future improvement.

Brussels, 16 June 2004.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the ‘Communication from the Commission to the
the European Economic and Social Committee and the
European Parliament,

the Council,

Committee of the Regions on unsolicited commercial communications or “spam”’

(2004/C 318/08)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions on unsolicited commercial
communications or ‘spam’ (COM(2004) 28 final);

Having regard to the decision of the European Commission of 22 January 2004 to consult it on this
subject, under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its President of 5 April 2004 to instruct its Commission for Culture and
Education to draw up an Opinion on this subject;

Having regard to its Opinion on the Follow-up to the multiannual Community action plan on promoting
safer use of the Internet by combating illegal and harmful content on global networks and the Proposal
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 (CdR 140/2002 fin) (1);

Having regard to its Opinion on adopting a multi-annual programme (2003-2005) for monitoring of
eEurope, dissemination of good practices and the improvement of network and information security
(MODINIS) (CdR 252/2002 fin) (2);

(1) OJ C 73 of 26.3.2003, p. 34.
(2) OJ C 128 of 29.5.2003, p. 19.

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Official Journal of the European Union

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Having regard to its Opinion on eEurope 2002 Benchmarking report COM(2002) 62 final and eEurope
2005: An information society for all (CdR 136/2002 fin) (1);

Having regard to its Opinion on A common framework for electronic signatures (CdR 332/98 fin) (2);

Having regard to its Opinion on the Sixth Report on the Implementation of the Telecommunications Regu-
latory Package (CdR 52/2001 fin) (3);

Having regard to its Opinion on the follow-up to the Green Paper on the protection of minors and human
dignity in audiovisual and information services including a proposal for a Council recommendation and
adopting an action plan on promoting safe use of the Internet (CdR 54/98 fin) (4);

Having regard to its Opinion on a European initiative in electronic commerce (CdR 350/97 fin) (5);

Having regard to its Opinion on Regions' Network and Information Security: Proposal for a European
Policy Approach (CdR 257/2001 fin) (6);

Having regard to its Opinion on Creating a Safer Information Society by Improving the Security of Infor-
mation Infrastructures and Combating Computer-related Crime: eEurope 2002 (COM(2000) 890 final —
CdR 88/2001 fin) (7);

Having regard to its Draft Opinion (CdR 69/2004 rev. 1) adopted on 5 April 2004 by its Commission for
Culture and Education, (Rapporteur: Mrs Susie Kemp, Member of West Berkshire Unitary Council (UK/
EPP)).

Whereas:

1)

2)

3)

4)

Unsolicited commercial communications by e-mail, otherwise known as ‘spam’, have reached
worrying proportions, rising from an estimated 7 % of global e-mail traffic in 2001 to 50 % at the
present time.

Spam is a problem not only on grounds of privacy, deception of customers, protection of minors
and human dignity, it also represents a commercial threat. It represents extra costs for businesses
and lost productivity, and threatens to undermine consumer confidence.

The EU adopted in July 2002 Directive 2002/58/EC on Privacy and Electronic Communications,
introducing the principle of ‘opt-in’ for electronic mail, and the deadline for its implementation was
31 October 2003.

While it is a first step, legislation alone will not be enough to combat the problem of spam. Further
action is needed to ensure that the Directive has the desired effect.

unanimously adopted the following opinion at its 55th Plenary Session, held on 16-17 June 2004 (meeting
of 16 June).

1. The Committee of the Regions' views

hopes that this assistance will also be extended to candidate
countries post enlargement in May 2004;

The Committee of the Regions

agrees with the Commission's conclusion that spam is
1.1
one of the most significant challenges facing the internet today,
requiring not only effective enforcement and international co-
operation, but also self regulatory and technical solutions by
industry, and community awareness;

notes that unsolicited email is causing a lack of confi-
1.3
dence in information networks and that the volume of email
traffic is causing systems to slow down. This is a cross-border
and international issue and CoR has concerns that the Commu-
nity's policy will only succeed with the agreement and coopera-
tion of international organisations and other world powers;

in
1.2
welcomes
encouraging Member
the Directive
2002/58/EC on Privacy and Electronic Communications and
the assistance offered to Member States by the Commission and

the Commission's
States

continued efforts

to transpose

(1) OJ C 128 of 29.5.2003, p. 14.
(2) OJ C 93 of 6.4.1999, p. 33.
(3) OJ C 19 of 22.1.2002, p. 1.
(4) OJ C 251 of 10.8.1998, p. 51.
(5) OJ C 180 of 11.6.1998, p. 19.
(6) OJ C 107 of 3.5.2002, p. 89.
(7) JO C 107 du 3.5.2002, p. 85.

regrets that

1.4
the Commission does not recognise the
ability of regional and local authorities to interface with their
communities and the public at large and urges the Commission
to take proper account of how much assistance regional and
local authorities can give in combating unsolicited mail;

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1.5
emphasises that regional and local authorities can be
involved in tackling spam in a variety of different ways. They
have a role in terms of raising awareness and disseminating
information, and in a more general sense by virtue of their
closeness to citizens, organisations and businesses;

1.6
notes that it has already proposed that measures should
be taken to inform schoolchildren of both the security aspects
of the information society and the consequences of computer-
related crime;

notes that regional and local authorities have a public

1.7
protection role in the widest sense;

recognises that regional and local authorities have an
1.8
important role in ensuring a balanced development of
the
knowledge and information society in the European Union,
particularly post enlargement,
in order to enhance economic
and social cohesion in regions, cities and districts throughout
Europe. Regional and local authorities are in a unique position
to ensure that the widest possible access to Community actions
is achieved, with a particular focus on disadvantaged groups;

1.9
recognises that local and regional government has the
responsibility to develop not only online public services, but
also information and communication technologies (ICT) in life-
long learning (given that digital
literacy is considered a new
basic skill) and health care. Local and regional government is
also active in promoting information security,
in developing
in improving
online culture and tourism-content services,
access to online services and, of course, in developing the inter-
operability of processes both within government and between
organisations in general. It believes therefore that it is vital that
effective and unfettered electronic communication is achieved.

2. The Committee of the Regions' Recommendations

The Committee of the Regions

calls for the active involvement of candidate countries to
2.1
be stressed. The Internet does not recognise traditional borders

Brussels, 16 June 2004.

between states and therefore actions taken at the European
level should not limit themselves to the participation of the EU
Member States. The effects of the lack of information system
and network security in the less developed regions of Europe
may widen the digital gap between them and the most devel-
oped and secure regions;

2.2
proposes that efforts should be made to secure a greater
commitment on the part of the main world software manufac-
turers to undertake research on network and information safety
and its immediate practical application. Security should be a
priority issue among the telecommunications service and access
providers operating in Europe, and more links to activities and
organisations outside the EU should also be developed;

2.3
urges the Commission to use the ability of Regional and
Local Authorities to communicate with citizens at a local level.
For example, Libraries, Community Centres and other Muni-
cipal buildings offer great opportunities to raise awareness and
offer public access to information. These facilities offer direct
contact with the public including disadvantaged groups;

proposes that many of the problems associated with a
2.4
safe use of the Internet could be resolved at a local level, in par-
ticular by an intensive education drive designed to raise aware-
ness on this matter. Regional and local authorities can signpost
information regarding combating unsolicited mail;

proposes that schools, given their

2.5
responsibility for
education, should adopt measures to inform young people of
the security aspects of the information society;

proposes that regional and local authorities use their
2.6
existing relationships with business organisations to encourage
them to take positive action against spam;

2.7
wishes also to emphasise the importance of cooperation
within the EU, and in particular the role of regional and local
government in ensuring that cooperation.

The President

of the Committee of the Regions

Peter STRAUB