Decision No 456/2005/EC of the European Parliament and of the Council of 9 March 2005 establishing a multiannual Community programme to make digital content in Europe more accessible, usable and exploitable  (Text with EEA relevance)
Date: 2005-03-09
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, digital technology, dissemination of information, information society, information technology

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I

(Acts whose publication is obligatory)

DECISION NO 456/2005/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 9 March 2005

establishing a multiannual Community programme to make digital content in Europe more
accessible, usable and exploitable

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

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

Internet penetration in the Community is still growing
considerably. The opportunities offered by the Internet
should be exploited in order to enable every individual
and organisation in the Community to enjoy the social
and economic benefits of sharing information and
knowledge. The stage has now been set in Europe to
exploit the potential of digital content.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

(3) The conclusions of the European Council held in Lisbon
on 23 and 24 March 2000 stressed that the shift to a
digital, knowledge-based economy, prompted by new
goods and services, will be a powerful engine for growth,
competitiveness and jobs. On that occasion the role of
the content
industries in creating added value by
exploiting and networking European cultural diversity
was specifically recognised.

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

Whereas:

(4) The eEurope 2005 Action Plan, developing the Lisbon
strategy, calls for actions to stimulate the emergence of
secure services, applications and content over broadband
networks and thus to provide a favourable environment
for private investment, for the creation of new jobs, to
boost productivity, to modernise public services and to
give everyone the opportunity to participate in the global
information society.

(1) The evolution of

the information society and the
emergence of broadband will influence the life of every
citizen in the European Union by, inter alia, stimulating
access to knowledge and new ways of acquiring knowl-
edge,
thus increasing the demand for new content,
applications and services.

(5) The demand for quality digital content in Europe, with
balanced access and user rights, by a broad community,
be they citizens in society, students, researchers, SMEs
and other business users, or people with special needs
‘re‑users’
wishing to augment
wishing to exploit digital content resources to create
services, is increasingly apparent.

their knowledge, or

(1) OJ C 117, 30.4.2004, p. 49.
(2) Opinion of the European Parliament of 22 April 2004 (not yet
published in the Official Journal), Council Common Position of
24 September 2004 (OJ C 25 E, 1.2.2005, p. 19) and Position
the European Parliament of 27 January 2005 (not yet
of
Journal). Council Decision of
published in the Official
28 February 2005.

(6) Digital content stakeholders are content providers
(including public and private organisations and institu-
tions that create, collect or own digital content) and
content users (including organisations and enterprises
that are end-users that reuse and/or add value to digital
content). Particular attention should be given to the
participation of SMEs.

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(7) The eContent Programme (2001 to 2004) adopted by
Council Decision 2001/48/EC (1), favoured the develop-
ment and use of European digital content on the Internet
and the linguistic diversity of European websites in the
information society. The Commission Communication of
10 October 2003 concerning the mid-term evaluation of
the eContent Programme reaffirms the importance of
acting in this field.

(8) Technological advances offer the potential to add value to
content in the form of embedded knowledge and to
improve interoperability at the service level, which is
fundamental
to accessing and using and distributing
digital content. This is particularly relevant to those areas
of public interest to be addressed by this programme.

(9)

the projects initiated under

Fostering of solid business models will enhance the
this pro-
continuity of
gramme, and will thus improve the conditions for greater
economic return from services based on access to, and
reuse of, digital content.

(13) Community actions undertaken concerning the content
of information should promote the Community's multi-
lingual and multicultural specificity.

(14) 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 (7).

(15) The Commission should ensure complementarity and
synergy with related Community initiatives and pro-
grammes, in particular those related to education and
culture and to the European interoperability framework.

(16) This Decision lays down, for the entire duration of the
programme, a financial
framework constituting the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission
on budgetary discipline and improvement of
the
budgetary procedure (8),
the budgetary authority
during the annual budgetary procedure.

for

(10) A legislative framework has been defined to deal with the
in the information

challenges of digital content
society (2) (3) (4).

(17)

(11) Different practices among Member States continue to
pose technical obstacles impeding wide access, use, reuse
and exploitation of public sector information in the
Community.

(12) Where the digital content

involves personal data,
Directives 95/46/EC (5) and 2002/58/EC (6) should be
respected and the technologies used should respect and,
where possible, enhance privacy.

(1) OJ L 14, 18.1.2001, p. 32.
(2) Directive 2003/98/EC of the European Parliament and of the
Council of 17 November 2003 on the reuse of public sector
information (OJ L 345, 31.12.2003, p. 90).

(3) Directive 2001/29/EC of the European Parliament and of the
Council of 22 May 2001 on the harmonisation of certain
aspects of copyright and related rights in the information
society, (OJ L 167, 22.6.2001, p. 10).

(4) Directive 96/9/EC of

the
Council of 11 March 1996 on the legal protection of databases
(OJ L 77, 27.3.1996, p. 20).

the European Parliament and of

(5) Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (OJ L 281, 23.11.1995, p. 31). Directive
as amended by Regulation (EC) No 1882/2003 (OJ
L 284, 31.10.2003, p. 1).

(6) 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 commu-
nications sector (Directive on privacy and electronic commu-
nications) (OJ L 201, 31.7.2002, p. 37).

Since the objectives of the proposed action, namely
aiming at making digital content
in Europe more
accessible, usable and exploitable, 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 DECIDED AS FOLLOWS:

Article 1

Objective of the Programme

1. This Decision establishes a Community programme for
the period 2005 to 2008 to make digital content in Europe
facilitating the
more accessible, usable and exploitable,
creation and diffusion of
in areas of public
interest, at Community level.

information,

The programme shall be known as the‘eContentplus’ pro-
gramme (hereinafter the Programme).

(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council
(OJ L 147, 14.6.2003, p. 25).

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In order to attain the overall aim of the Programme, the

2.
following lines of action shall be addressed:

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

facilitating at Community level access to digital content,
its use and exploitation;

(a)

adoption and modifications of the work programme;

(a)

(b)

facilitating improvement of quality and enhancing best
practice related to digital content between content
providers and users, and across sectors;

(c)

reinforcing cooperation between digital content stake-
holders and awareness.

The activities to be carried out under those lines of action
target areas of public sector information, spatial data and
educational, cultural and scientific content as set out
in
Annex I. The Programme shall be implemented in accordance
with Annex II.

Article 2

Participation

1.
Participation in the Programme shall be open to legal
entities established in the Member States. It shall also be open
to participation of legal entities established in the candidate
countries in accordance with bilateral agreements in existence
or to be concluded with those countries.

Participation in the Programme may be opened to legal
2.
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
3.
financial support by the Community,
to legal entities
established in third countries and to international organisa-
tions, 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

1. The Commission shall be responsible for the implemen-
tation of the Programme.

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

In the implementation of the Programme, the Commis-
3.
sion shall,
in close cooperation with the Member States,
ensure general consistency and complementarity with other
relevant Community policies, programmes and actions that
impinge upon the development and use of European digital
content and the promotion of
linguistic diversity in the
information society, in particular the Community research and
technological development programmes, IDA, eTEN, eInclu-
sion, eLearning, Modinis and Safer Internet.

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

(c)

assessment of
the projects proposed under calls for
proposals for Community funding of an estimated
amount of Community contribution equal to, or more
than, EUR 1 million;

(d)

any departure from the rules set out in Annex II.

5. The Commission shall inform the committee referred to
in Article 4 of progress with the implementation of the
Programme.

Article 4

Committee

1. The Commission shall be assisted by a committee.

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

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

3. The Committee shall adopt its rules of procedure.

Article 5

Monitoring and evaluation

1.
In order to ensure that Community aid is used efficiently,
the Commission shall ensure that actions under this Decision
follow-up and subsequent
are subject
evaluation.

to prior appraisal,

2. The Commission shall monitor the implementation of
the Programme. The Commission shall
projects under
evaluate the manner in which the projects have been carried
out and the impact of their implementation in order to assess
whether the original objectives have been achieved.

3. The Commission shall report on the implementation of
the lines of action 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 mid-2006 at
the latest. In this context, the Commission shall report on the
consistency of
for 2007 to 2008 with the
financial perspective. If applicable, the Commission shall take
the necessary steps within the budgetary procedures for 2007
to 2008 to ensure the consistency of the annual appropria-
tions with the financial perspective. The Commission shall
submit a final evaluation report at the end of the Programme.

the amount

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forward the results of

its
4. The Commission shall
quantitative and qualitative evaluations to the European
Parliament and the Council together with any appropriate
proposals for the amendment of this Decision. The results
shall be forwarded before presentation of the draft general
budget of the European Union for the years 2007 and 2009
respectively.

Article 6

Financial framework

1. The financial framework for the implementation of the
Community actions under this Decision for the period from

Done at Strasbourg, 9 March 2005.

1 January 2005 to 31 December 2008 is hereby set at
EUR 149 million, of which EUR 55,6 million is for the period
until 31 December 2006.

2.
For the period following 31 December 2006, the amount
shall be deemed to be confirmed if it is consistent for this
phase with the financial perspective in force for the period
commencing in 2007.

3. The annual appropriations for the period from 2005 to
2008 shall be authorised by the budgetary authority within
the limits of the financial perspective. An indicative break-
down of expenditure is given in Annex III.

For the European Parliament
The President
J. P. BORRELL FONTELLES

For the Council
The President
N. SCHMIT

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ANNEX I

Actions

I.

INTRODUCTION

eContentplus has the overall aim of making digital content in Europe more accessible, usable and exploitable,
facilitating the creation and diffusion of information, in areas of public interest, at Community level.

It will create better conditions for accessing and managing digital content and services in multilingual and
multicultural environments. It will broaden users' choice and support new ways of interacting with knowledge-
enhanced digital content, a feature which is becoming essential to make content more dynamic and tailored to
specific contexts (learning, cultural, people with special needs, etc.).

The Programme will pave the way for a structured framework for quality digital content in Europe — The European
Digital Content Area — by facilitating transfer of experiences, best practice and cross-fertilisation between content
sectors, content providers and users.

Three lines of action are foreseen:

(a)

facilitating at Community level access to digital content, its use and exploitation;

(b)

facilitating improvement of quality and enhancing best practice related to digital content between content
providers and users, and across sectors;

(c)

reinforcing cooperation between digital content stakeholders and awareness.

II.

LINES OF ACTION

A.

Facilitating at Community level access to digital content, its use and exploitation

The activities to be carried out under this line of action encompass the establishment of networks and alliances
between stakeholders, encouraging the creation of new services.

Target areas are public sector information, spatial data, learning and cultural content.

Focus will be on:

(a)

(b)

supporting a wider recognition of the importance of public sector information (PSI), its commercial value
and associated societal implications of its use. Activities shall improve effective cross-border use and
exploitation of PSI between public sector organisations and private companies, including SMEs, for added-
value information products and services;

encouraging a wider use of spatial data by public sector bodies, private companies, including SMEs, and
citizens through cooperation mechanisms at European level. Activities should tackle both technical and
organisational issues, avoiding duplications and underdeveloped territorial data sets. They should promote
cross-border interoperability, supporting coordination between mapping agencies and fostering the
emergence of new services at European level for mobile users. They should also support the use of open
standards;

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(c)

(d)

fostering the proliferation of open European knowledge pools of digital objects, for education and research
communities, as well as the individual. The activities will support the creation of trans-European brokering
services for digital learning content, with associated business models. The activities should also encourage
the use of open standards, and the creation of large user groups analysing and testing pre-standardisation
and specifications schemes with a view to conveying European multilingual and multicultural aspects into
the process of definition of global standards for digital learning content;

promoting the emergence of trans-European information infrastructures for accessing and using high
quality European digital cultural and scientific resources through the linking of virtual
libraries,
community memories, etc. Activities should encompass coordinated approaches to digitisation and
collection building, preservation of digital objects and inventories of cultural and scientific digital
resources. They should improve access to digital cultural and scientific assets through effective licensing
schemes and collective pre-emptive clearing of rights.

B.

Facilitating improvement of quality and enhancing best practice related to digital content between content
providers and users, and across sectors

The activities to be carried out under this line of action are intended to facilitate the identification and wide
diffusion of best practice in methods, processes and operations to achieve higher quality, greater efficiency and
effectiveness in the creation, use and distribution of digital content.

These activities encompass experiments that demonstrate searchability, usability, reusability, composability and
interoperability of digital content within the context of the existing legal framework while meeting from the
early stage of the process the requirements of different target groups and markets in an increasingly multilingual
and multicultural environment, and extending beyond mere localisation technologies.

These activities will exploit the benefits of enhancing digital content with machine‑understandable data
(semantically well-defined metadata based on relevant descriptive terminology, vocabularies and ontologies).

The experiments will be conducted in thematic clusters. The gathering, dissemination and cross-sector
fertilisations of gained knowledge will be an integral part of the experiments.

Target application areas are public sector information, spatial data, digital learning and cultural content, as well
as scientific and scholarly digital content.

C.

Reinforcing cooperation between digital content stakeholders and awareness

The activities to be carried out under this line of action include measures accompanying relevant legislation
relating to digital content, and fostering increased collaboration between digital content stakeholders, as well as
awareness building. These activities will support the development of benchmarking, monitoring and analysis
tools, the impact assessment of the Programme and the dissemination of results. They will identify and analyse
emerging opportunities and problems (e.g. trust, quality marking, intellectual property rights in education) and
propose, as appropriate, solutions.

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ANNEX II

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

(i)

(ii)

Projects designed to increase knowledge so as to improve existing products, processes and/or
services and/or to meet the needs of Community policies. The 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 additional costs.

Best practice actions to spread knowledge. They will normally be conducted in thematic clusters and
linked through thematic networks. The Community contribution for the measures set out under this
point will be limited to direct costs deemed necessary or appropriate for achieving the specific
objectives of the action.

(iii) Thematic networks: networks bringing together a variety of stakeholders around a given
technological and organisational objective, so as to facilitate coordination activities and the transfer
of knowledge. They may be linked to best practice actions. Support will be granted towards the
additional eligible costs of coordinating and implementing the network. The Community
participation may cover the additional eligible costs of these measures;

(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, process or services, marketing
activities and sales promotion are excluded.

(i)

Studies in support of the Programme, including the preparation of future activities.

(ii)

Exchange of information, conferences, seminars, workshops or other meetings and the management
of clustered activities.

(iii) 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.

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ANNEX III

Indicative breakdown of expenditure

1.

2.

Facilitating at Community level access to digital content, its use and exploitation

40 to 50 %

Facilitating improvement of quality and enhancing best practice related to digital content
between content providers and users, and across sectors

45 to 55 %

3.

Reinforcing cooperation between digital content stakeholders and awareness

8 to 12 %