Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 30 November 2022**
**(OR. en)**

**2021/0293(COD)** **PE-CONS 50/22**

**TELECOM 365**

**DIGIT 159**

**CYBER 292**

**COMPET 698**

**RECH 491**

**PI 114**

**MI 654**

**EDUC 310**

**JAI 1162**

**ENFOPOL 454**

**COSI 220**

**CODEC 1287**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing the Digital Decade Policy Programme 2030

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**DECISION (EU) 2022/…**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**of …**

**establishing the Digital Decade Policy Programme 2030**

**(Text with EEA relevance)**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 173(3) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee **[1]**,

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure **[2]**,

**1** OJ C 194, 12.5.2022, p. 87.
**2** Position of the European Parliament of 24 November 2022 (not yet published in the Official
Journal) and decision of the Council of ....

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Whereas:

(1) In its communication of 9 March 2021 entitled ʻ2030 Digital Compass: the European way

for the Digital Decadeʼ (the ʻDigital Compass Communicationʼ) the Commission laid out

its vision for 2030 to empower citizens and businesses through digital transformation (the

‘Digital Decade’). The Union’s path to the digital transformation of the economy and

society should encompass digital sovereignty in an open manner, respect for fundamental

rights, the rule of law and democracy, inclusion, accessibility, equality, sustainability,

resilience, security, improving quality of life, the availability of services and respect for

citizens’ rights and aspirations. It should contribute to a dynamic, resource-efficient, and

fair economy and society in the Union.

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(2) The digital transformation is not possible without strong support for science, research,

development and the scientific community, which are the driving forces of the

technological and digital revolution. Moreover, since the degree of digitalisation of the

economy or society is a critical underpinning of economic and societal resilience as well as

a factor in their global influence, it is necessary for the Union’s international action to

structure the broad range of existing cooperation in line with the pillars of the Digital

Decade. The need for such structuring is also reflected in the joint communication from the

Commission and the High Representative of the Union for Foreign Affairs and Security

Policy of 1 December 2021 entitled ʻThe Global Gatewayʼ, through which the Union

intends to contribute to narrowing the global investment gap, based on a democratic,

value-driven approach, fostering high-standards and transparent partnerships in order to

meet global infrastructure development needs.

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(3) In a statement of 25 March 2021, the members of the European Council considered the

Digital Compass Communication to be a step towards charting the Union’s digital

development for the next decade and confirmed the vision set out in the Digital Compass

Communication, including the idea of a policy programme with an efficient governance

framework to facilitate the implementation of multi-country projects that are necessary for

the Union’s digital transformation in critical areas. They also invited the Commission to

widen the Union’s policy toolbox for the digital transformation, at both Union and national

level, and to use all available instruments from industrial, trade and competition policy,

skills and education, research and innovation policy and long-term funding instruments to

facilitate the digital transformation.

(4) The European Declaration on Digital Rights and Principles for the Digital Decade (the

ʻEuropean Declarationʼ) will put people at the centre of the digital transformation, aims to

promote principles for the digital transformation in accordance with shared European

values and law and is intended to contribute to achieving the general objectives of this

Decision. To that end, the Commission and Member States should take into account the

digital principles and rights set out in the European Declaration when cooperating, with a

view to achieving the general objectives set out in this Decision.

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(5) As outlined in the Commission’s communication of 5 May 2021 entitled ʻUpdating the

2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recoveryʼ, it

is necessary for the Union to identify systems of critical technologies and strategic sectors,

to address strategic weaknesses and high-risk dependencies which could lead to supply

shortages or cybersecurity risks, and to foster the digital transformation. This underlines

the importance of Member States’ joining forces and supporting industry’s efforts to

address those dependencies and to develop strategic capacity needs. This also responds to

the Commission’s analysis set out in its communication of 8 September 2021 entitled

‒
ʻ2021 Strategic Foresight Report The EU’s capacity and freedom to actʼ. In the

framework of the Recovery and Resilience Facility established by Regulation

(EU) 2021/241 of the European Parliament and of the Council **[1]** and the preparation of

national recovery and resilience plans, the Commission encouraged Member States to

coordinate their efforts with a view, inter alia, to establishing multi-country projects in the

digital area.

**1** Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February
2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).

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That experience highlighted the need for the Commission to support coordination efforts

by Member States, and for the Union to have implementation mechanisms that facilitate

joint investments, in order to establish multi-country projects. In conjunction with other

initiatives of the Commission, such as the EU Observatory for Critical Technologies,

referred to in the Commission’s communication of 22 February 2021 entitled ʻAction Plan

on synergies between civil, defence and space industriesʼ, a governance structure

implementing the Digital Compass should be established, should help to identify the

Union’s current and possible future digital strategic dependencies and should contribute to

strengthening the Union’s digital sovereignty in an open manner.

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(6) In its communication of 11 December 2019 entitled ʻThe European Green Dealʼ, the

Commission emphasised that the Union should leverage the potential of the digital

transformation, which is a key enabler for reaching the European Green Deal objectives.

The Union should promote and invest in the necessary digital transformation, as digital

technologies and new methods and processes are critical enablers for attaining the

sustainability goals of the European Green Deal, the Paris Agreement adopted under the

United Nations Framework Convention on Climate Change **[1]**, and the United Nations’

Sustainable Development Goals in many different sectors. Digital technologies, such as

artificial intelligence, 5G, 6G, blockchain, cloud and edge computing, and the internet of

things should accelerate and maximise the impact of policies to deal with climate change

and protect the environment, including through sustainable lifecycles. Together with

satellite navigation and localisation, digitalisation also presents new opportunities for

distant monitoring of air and water pollution, and for monitoring and optimising how

energy and natural resources are used. The Union needs a digital sector that puts

sustainability at its heart, including in its supply chain, preventing excessive reliance on

critical raw materials, ensuring that digital infrastructures and technologies become

verifiably more sustainable, renewable and energy- and resource-efficient, and contributing

to a sustainable circular and climate-neutral economy and society in line with the European

Green Deal.

**1** OJ L 282, 19.10.2016, p. 4.

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(7) Policies about, and investments in, digital infrastructure should aim to ensure connectivity

accessible to all and everywhere in the Union, with available internet access, in order to

close the digital divide across the Union, with a particular focus on the divide between

different geographical areas.

(8) The measures envisaged in the Digital Compass Communication should be implemented,

to intensify actions provided for in the strategy presented in the Commission

communication of 19 February 2020 entitled ʻShaping Europe’s digital futureʼ, and

building on existing Union instruments, such as programmes under the European Regional

Development Fund and the Cohesion Fund established by Regulation (EU) 2021/1058 of

the European Parliament and of the Council **[1]** and the Technical Support Instrument

established by Regulation (EU) 2021/240 of the European Parliament and of the Council **[2]**,

and on Regulations (EU) 2021/523 **[3]**, (EU) 2021/690 **[4]**,

**1** Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021
on the European Regional Development Fund and on the Cohesion Fund
(OJ L 231, 30.6.2021, p. 60).
**2** Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February
2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).
**3** Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021
establishing the InvestEU Programme and amending Regulation (EU) 2015/1017
(OJ L 107, 26.3.2021, p. 30).
**4** Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021
establishing a programme for the internal market, competitiveness of enterprises, including
small and medium-sized enterprises, the area of plants, animals, food and feed, and
European statistics (Single Market Programme) and repealing Regulations (EU) No
99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014
(OJ L 153, 3.5.2021, p. 1).

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(EU) 2021/694 **[1]**, (EU) 2021/695 **[2]** and (EU) 2021/1153 **[3]** of the European Parliament and of

the Council, and on the funds allocated to the digital transformation under Regulation

(EU) 2021/241. This Decision should establish a Digital Decade policy programme 2030

in order to achieve, accelerate and shape a successful digital transformation of the Union’s

economy and society.

(9) The European Pillar of Social Rights proclaimed by the European Parliament, the Council

and the Commission at the Informal meeting of heads of state or government, on

17 November 2017, in Gothenburg, Sweden, calls for the right to access essential services

of good quality, including digital communications, as well as the right to quality and

inclusive education, training and life-long learning.

**1** Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021
establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240
(OJ L 166, 11.5.2021, p. 1).
**2** Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021

–
establishing Horizon Europe the Framework Programme for Research and Innovation,
laying down its rules for participation and dissemination, and repealing Regulations
(EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
**3** Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021
establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013
and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).

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(10) In order to follow the trajectory of the Union regarding the pace of the digital

transformation, digital targets should be established at Union level. Those digital targets

should be linked to concrete areas in which progress is expected to be made collectively

within the Union. The digital targets follow the four cardinal points identified in the Digital

Compass Communication, identified as the essential areas for the digital transformation of

the Union: digital skills, digital infrastructures, the digitalisation of businesses, and the

digitalisation of public services.

(11) This Decision is without prejudice to Articles 165 and 166 of the Treaty on the

Functioning of the European Union (TFEU).

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(12) Digital skills, basic and advanced, as well as other skills, including in the domains of

science, technology, engineering and mathematics (STEM), are essential to speeding-up

the adjustment of the Union industry to structural changes. It is intended that digitally

empowered and capable citizens, including those with disabilities, are able to take

advantage of the opportunities of the Digital Decade. To pursue that aim, there should be a

focus on education to ensure that the education community, in particular teachers, is

adequately trained, skilled and equipped to use technology effectively in its teaching

methods and is able to teach digital technologies to ensure that students are better equipped

to enter the labour market in the short and longer term. Digital education and training

should also enhance the Union’s attractiveness for high-skilled professionals who have

acquired advanced digital skills and their availability on the Union labour market.

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The Digital Economy and Society Index (DESI) 2021 published by the Commission states

that even before the COVID-19 pandemic Union businesses, in particular small and

medium-sized enterprises (SMEs), struggled to find information and communications

technology (ICT) professionals in sufficient numbers. Digital training and education

should therefore support all the actions to ensure that the workforce is equipped with the

necessary current and future skills supporting the mobilisation of, and the incentive for, all

relevant stakeholders to maximise the impact of investments in improving existing skills

(upskilling) and training in new skills (reskilling) as well as life-long learning by the active

population, in order to ensure that full advantage is taken of the opportunities of the

digitalisation of industry and services. Non-formal digital training provided by employers

in the form of learning-by-doing should also be encouraged. Education and training will

also bring concrete career incentives to avoid and eliminate differences in opportunities

and treatment between women and men.

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(13) A sustainable digital infrastructure for connectivity, microelectronics and the ability to

process big data are critical enablers for taking advantage of the benefits of digitalisation,

for further technological developments and for digital leadership by the Union. In line with

the Commission’s communication of 30 June 2021 entitled ʻA long-term Vision for the

EU’s Rural Areas ‒ Towards stronger, connected, resilient and prosperous rural areas by

2040ʼ, reliable, fast and secure connectivity for everybody and everywhere in the Union,

including in rural and remote areas, such as islands and mountainous and sparsely

populated regions, as well as the outermost regions, is needed. Societal needs for

converging upload and download bandwidth are constantly growing. By 2030, networks

with gigabit speeds should become available to those who need or wish to have such

capacity. All Union end-users should be able to use gigabit services provided by networks

at a fixed location deployed up to the network termination point. Moreover, all populated

areas should be covered by a next-generation wireless high-speed network with

performance at least equivalent to that of 5G. All market actors benefiting from the digital

transformation should assume their social responsibilities and make a fair and

proportionate contribution to the public goods, services and infrastructures, for the benefit

of all citizens in the Union.

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(14) Technological neutrality, which is provided for by Directive (EU) 2018/1972 of the

European Parliament and of the Council **[1]**, is a principle that should guide Union and

national policies for digital connectivity infrastructure of the highest performance,

resilience, security and sustainability, in order to benefit from prosperity. All technologies

and transmission systems able to contribute to the achievement of the gigabit connectivity,

including the current and upcoming advancements of fibre, satellite, 5G or any other future

ecosystem and next generation Wi-Fi should therefore be treated equally, where they have

equivalent network performance.

(15) Semiconductors are essential to most of the key strategic value chains and are expected to

be in even higher demand in the future than at present, in particular in the most innovative

technological fields. As they are central to the digital economy, semiconductors are also

critical enablers for the sustainability transition, thus also contributing to achieving the

European Green Deal objectives. Semiconductors with a low-energy footprint also

contribute to positioning the Union as a leader in sustainable digital technologies. It is

intended that the resilience of the semiconductor value chain and semiconductor

production capacity (including material, equipment, design, fabrication, processing and

packaging) is strengthened, inter alia by building large-scale innovative infrastructure in

accordance with the Union law regarding environmental sustainability. For example,

quantum capacity and low-power semiconductors are critical enablers to achieving the

climate neutrality of highly secure edge nodes that guarantee access to data services with

low latency, regardless of the user’s location.

**1** Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December
2018 establishing the European Electronic Communications Code
(OJ L 321, 17.12.2018, p. 36).

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(16) Beyond enablers, existing and future technologies will be at the core of new products, new

manufacturing processes and new business models based on the fair and secure sharing of

data in the data economy, while ensuring the effective protection of privacy and personal

data. The transformation of businesses depends on their ability to adopt new digital

technologies rapidly and comprehensively, including in industrial and services ecosystems

that are currently lagging behind. That transformation is particularly important for SMEs,

which continue to face challenges in the take-up of digital solutions.

(17) Member States are encouraged to apply the once-only principle within their public

administration, fostering the re-use of data, in accordance with the data protection rules, so

that no additional burden falls on citizens or businesses.

(18) Democratic life and key public services also depend crucially on digital technologies.

Every citizen and business should be able to interact digitally with public administrations.

Several parameters of such interactions, including user-centricity and transparency, should

be monitored in DESI. Key public services, including electronic health records, should be

fully accessible on a voluntary basis as a best-in-class digital environment providing for

easy-to-use, efficient, trustworthy and personalised services and tools with high security

and privacy standards. Such key public services should also cover services that are relevant

for major life events for natural persons, such as losing or finding a job, studying, owning

or driving a car, or starting up a business, and for legal persons in their professional life

cycle. Offline accessibility of services should nevertheless be maintained while

transitioning to digital tools.

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(19) Digital technologies should contribute to achieving broader societal outcomes that are not

limited to the digital sphere, but have positive effects on the everyday lives and well-being

of citizens. If it is to be successful, the digital transformation should go hand-in-hand with

improvements as regards democracy, good governance, social inclusion and more efficient

public services.

(20) The Commission should review the digital targets and relevant definitions by June 2026 to

assess whether they still meet the high level of ambition of the digital transformation. The

Commission should be able, where it considers it to be necessary to propose amendments

to the digital targets in order to address technical, economic and societal developments, in

particular in the areas of data economy, sustainability and cybersecurity.

(21) Where public funds are used, it is crucial that maximum value be gained for society and

businesses. Public funding should therefore aim to ensure open and non-discriminatory

access to the outputs of the projects funded, save where, in substantiated and proportionate

cases it is considered appropriate to do otherwise.

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(22) Harmonious, inclusive and steady progress towards the digital transformation and towards

the achievement of the digital targets in the Union requires a comprehensive, robust,

reliable, flexible and transparent form of governance, on the basis of close cooperation and

coordination between the European Parliament, the Council, the Commission and the

Member States. An appropriate mechanism should ensure the coordination of convergence,

the exchange of best practices and the consistency and effectiveness of policies and

measures at Union and national level, and should also encourage the activation of

appropriate synergies between the Union and national funds, and also between Union

initiatives and programmes. To that end, the Commission could provide guidance and

support to Member States on how best to make use of the most suitable types of synergies.

To that end, it is necessary to lay down provisions on a monitoring and cooperation

mechanism implementing the Digital Compass. Such a mechanism should take into

account the diversity of situations across and within Member States, should be

proportionate, in particular with regard to administrative burdens, and should allow

Member States to follow a greater level of ambition when establishing their national

objectives.

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(23) The monitoring and cooperation mechanism implementing the Digital Compass should

include an enhanced monitoring system to identify gaps in the strategic digital capacities of

the Union. It should also include a mechanism to report, inter alia, on the progress towards

the digital targets set out in this Decision, as well as on the more general state of

compliance with the general objectives set out in this Decision. It should establish a

cooperative framework between the Commission and Member States to identify solutions

addressing weaknesses and to propose targeted actions for effective remedies.

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(24) DESI should be integrated into the report on the state of the Digital Decade (the ‘Report on

the Digital Decade’), and should be used to monitor progress towards the digital targets.

Such monitoring should include an analysis of the indicators measuring progress at

Member State level, national policies and initiatives aiming to achieve the general

objectives of, and the digital targets set out in, this Decision, as well as horizontal and

thematic analyses tracking the digital transformation of the Union’s economies and a

ranking of Member States’ progress thence. In particular, DESI’s dimensions and

indicators should be aligned with the digital targets set out in this Decision. For each

digital target, key performance indicators (KPIs) should be set out in implementing acts to

be adopted by the Commission. The KPIs should be updated when necessary for continued

effective monitoring and to take account of technological developments. The data

collection mechanism within Member States should be reinforced, where appropriate, to

present a comprehensive state of play on progress towards the digital targets, as well as

information about the relevant policies, programmes, and initiatives at national level, and

should, where possible, include data disaggregated by gender and by region, in accordance

with Union and national law.

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On the basis of the Commission’s reviews and where appropriate, the Commission should

prepare, after consulting the Member States, a timeline for future data collection needs. In

establishing DESI, the Commission should rely largely on official statistics collected in the

various Union surveys on the information society under Regulations (EU) 2019/1700 **[1]** and

(EU) 2019/2152 **[2]** of the European Parliament and of the Council. The Commission should

use specific studies to collect data for relevant indicators that are not measured in the

Union surveys or collected through other reporting exercises, such as in the framework of

the strategy announced by Commission communication of 25 June 2008 entitled ‘“Think

Small First” - A “Small Business Act” for Europe’, including its annual SME performance

review. The definitions related to the digital targets under this Decision do not constitute

precedents for KPIs and in no way hinder the upcoming measurement of the progress on

those targets through the KPIs.

**1** Regulation (EU) 2019/1700 of the European Parliament and of the Council of 10 October
2019 establishing a common framework for European statistics relating to persons and
households, based on data at individual level collected from samples, amending Regulations
(EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 of the European Parliament
and of the Council, and repealing Regulation (EC) No 1177/2003 of the European
Parliament and of the Council and Council Regulation (EC) No 577/98
(OJ L 261I, 14.10.2019, p. 1).
**2** Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November
2019 on European business statistics, repealing 10 legal acts in the field of business statistics
(OJ L 327, 17.12.2019, p. 1).

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(25) In order to keep the co-legislators informed about the progress of the digital transformation

in the Union, the Commission should submit an annual Report on the Digital Decade to the

European Parliament and to the Council, containing an overview and analysis of the digital

transformation of the Union and an evaluation of the progress made with regard to the

general objectives of this Decision and the digital targets for the period until 2030. The

Report on the Digital Decade, in particular DESI, should feed into the European Semester,

including aspects relating to the Recovery and Resilience Facility, while the recommended

policies, measures and actions included in the Report on the Digital Decade should be

complementary to the country-specific recommendations.

(26) Since 2019, DESI has included the Women in Digital Scoreboard, which assesses Member

States’ performance in the areas of internet use, internet user skills as well as specialist

skills and employment, based on 12 indicators. The inclusion of the Women in Digital

Scoreboard in the Report on the Digital Decade should enable monitoring of the digital

gender divide.

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(27) In particular, the Commission should address in its Report on the Digital Decade how

effectively the general objectives of this Decision have been implemented into policies,

measures or actions, as well as on progress towards achieving the digital targets, detailing

the degree of Union progress in relation to the projected trajectories for each target, the

assessment of the efforts necessary to achieve each target, including any investment gaps

in digital capacities and innovation, as well as raising awareness about the actions needed

to increase digital sovereignty in an open manner. The report should also include an

assessment of the implementation of relevant regulatory proposals and an assessment of

the actions undertaken at Union and Member States level.

(28) On the basis of the Commission’s assessment, the report should include specific

recommended policies, measures and actions. When recommending policies, measures or

actions in the report, the Commission should take into account the most recent data

available, the joint commitments undertaken, the policies and measures defined by

Member States, as well as progress regarding recommended actions identified in earlier

reports and addressed by means of the cooperation mechanism. In addition, the

Commission should take into account the differences in individual Member States’

potential to contribute to the digital targets, as well as the policies, measures and actions

already in place and considered appropriate to achieve those targets, even if their effects

have not yet materialised.

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(29) With a view to ensuring that the general objectives of, and the digital targets set out in, this

Decision, are achieved, and that all Member States effectively contribute to that end, the

design and implementation of the monitoring and cooperation mechanism should ensure

exchanges of information and best practices through a constructive and inclusive dialogue

between Member States and the Commission. The Commission should ensure that the

European Parliament is informed in a timely manner of the outcome of the dialogue.

(30) The Commission should, together with the Member States, establish projected trajectories

for the Union to achieve the digital targets set out in this Decision. Those projected

trajectories should, where possible, be converted in national projected trajectories by

Member States and should, where appropriate, take due account of the regional dimension.

The different potential, and the different starting points, of individual Member States to

contribute to the digital targets should be taken into account and reflected in the national

projected trajectories. The national projected trajectories should help assess progress over

time at Union and national level.

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(31) In order to ensure that the cooperation between the Commission and the Member States is

efficient and effective, Member States should submit to the Commission national digital

decade strategic roadmaps covering the period up to 2030 (the ‘national roadmaps’)

proposing, where possible and measurable at national level, national projected trajectories,

describing all the instruments planned, adopted or implemented with a view to contributing

to the achievement at Union level of the general objectives of, and the digital targets set

out in, this Decision. Member States should be able to include in their national roadmaps

information on policies, measures and actions to be undertaken at regional level. The

national roadmaps should be drafted after consulting key stakeholders, such as business

organisations, including representatives of SMEs, the social partners and civil society,

including older people and youth, as well as local and regional representatives, and should

be a crucial tool for the coordination of the policies of the Member States and in order to

ensure predictability for the market. Member States should take into account relevant

sectoral initiatives, at Union and national level, and foster consistency with them. The

commitment of a Member State to provide a national roadmap to contribute to the digital

targets at Union level does not prevent the same Member State from designing and

implementing strategies at national or regional level, or from specialising in certain

industrial or digital domains.

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(32) During the cycles of cooperation between the Commission and Member States, Member

States could propose adjustments to their national roadmaps to take into account the

evolution of the digital transformation at Union and national level, and to respond in

particular, to the Commission’s recommended policies, measures and actions. In order to

foster a consistent and comparable approach across Member States and to facilitate the

preparation of their national roadmaps, the Commission should provide guidance setting

out in more detail the key elements of the structure of a national roadmap and, in

particular, the common elements that all national roadmaps should include. The guidance

should also provide for a general approach to be followed by the Member States when

developing their national projected trajectories.

(33) The cooperation and monitoring mechanism between the Commission and the Member

States should commence with an assessment of their national roadmaps and should be

based on the data provided and the assessment made in the Report on the Digital Decade,

as well as on the feedback received from relevant stakeholders, such as business

organisations, including representatives of SMEs, the social partners and civil society, as

well as regional and local representatives.

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(34) The timing of the cooperation should take into account the need to reflect the results of

previous cooperation cycles, as well as policies, measures, actions and the possible

adjustments to the national roadmaps every two years.

(35) In order to progress towards the digital targets in alignment with the projected trajectories,

Member States, which are considered in the report as having made insufficient progress in

a given area, should propose adjustment to policies, measures and actions that they intend

to undertake to foster progress in that critical area. Furthermore, the Commission and

Member States should examine how recommended policies, measures and actions

mentioned in the previous year’s report have been addressed by Member States

collectively and individually. A Member State should be able to request a peer review

process to be launched in order to give other Member States an opportunity to comment on

proposals it intends to present in its national roadmap, in particular as regards their

suitability to achieve a specific target. The Commission should facilitate the exchange of

experience and best practices by way of the peer review process.

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(36) The Commission and one or more Member States, or at least two Member States, should

be able to undertake joint commitments regarding coordinated actions they would like to

undertake in order to achieve the digital targets, to establish multi-country projects, and to

agree on any other policies, measures and actions at Union and national level with the

objective to progress towards those targets in alignment with the projected trajectories. A

joint commitment is an initiative to cooperate, in particular with the aim of contributing to

the achievement of the general objectives of, and the digital targets set out in, this

Decision. Multi-country projects and European digital infrastructure consortia (EDICs)

should include at least three Member States.

(37) In the monitoring of the achievement of the general objectives of, and the digital targets set

out in, this Decision, the Commission and the Member States have an obligation to

cooperate sincerely in accordance with Article 4(3) of the Treaty on European Union. It is

therefore necessary that any call for cooperation made by the Commission be followed up

appropriately by Member States, in particular where there is a significant deviation from a

Member State’s national projected trajectory or where such a deviation has not been

addressed for a substantial period.

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(38) The effective implementation of the recommended policies, measures and actions and of

the national roadmaps and the adjustments thereto, is crucial for the achievement of the

general objectives of, and the digital targets set out in, this Decision. A structured dialogue

with individual Member States is essential to guide and support them in identifying and

implementing the appropriate measures to progress towards their national projected

trajectories, in particular where Member States consider it to be necessary to adjust their

national roadmaps on the basis of the Commission’s recommended policies, measures or

actions. The Commission should keep the European Parliament and the Council

appropriately informed, in particular regarding the process and the outcome of the

structured dialogue.

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(39) In order to ensure transparency and public participation, the Commission should engage

with all interested stakeholders. To that end, the Commission should cooperate closely

with stakeholders including civil society and private and public actors, such as bodies

governed by public laws of the education and training or health sectors, and should consult

them about measures to accelerate the digital transformation at Union level. When

consulting stakeholders, the Commission should be as inclusive as possible and involve

bodies that are instrumental to promoting the participation of girls and women in digital

education and professional careers, aiming to promote a gender-balanced approach to the

extent possible when the national roadmaps are implemented by the Member States. The

involvement of stakeholders is also important at the level of the Member States, in

particular when adopting their national roadmaps and the possible adjustments thereto.

Both at Union and national level, the Commission and the Member States should involve

business organisations, including representatives of SMEs, the social partners and civil

society, in a timely manner and proportionately to the available resources.

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(40) Multi-country projects should allow for large-scale intervention in key areas necessary for

the achievement of the digital targets set out in this Decision, in particular by pooling

resources from the Union, Member States and, where appropriate, private sources. Where

necessary for the achievement of the digital targets, Member States should be able to

involve third countries associated with a directly managed Union programme that supports

the digital transformation of the Union. Multi-country projects should be implemented in a

coordinated manner, in close cooperation between the Commission and Member States.

The Commission should play a central role in accelerating the implementation of multi

country projects through the identification of multi-country projects ready for

implementation among the project categories indicatively included in an Annex to this

Decision, in advising Member States on the choice of the most suitable existing

implementation mechanism, on the choice of the sources of funding and their combination

and on other strategic matters related to the implementation of those projects. Where

appropriate, the Commission should provide guidance on the setting-up of an EDIC as an

implementation mechanism. Member States wishing to do so are also able to cooperate or

take coordinated action in areas other than those provided for in this Decision.

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(41) Public support to the multi-country projects should, in particular, be used to address market

failures or sub-optimal investment situations, in a proportionate manner, without distorting

the level playing field or duplicating or crowding out private financing. Multi-country

projects should have clear European added value and should be implemented in accordance

with the applicable Union law and with national law that is consistent with Union law.

(42) Multi-country projects should be able to attract and combine, in an efficient manner,

various sources of Union and Member States’ funding and, where applicable, funding from

third countries associated with a directly managed Union programme that supports the

digital transformation of the Union, finding, where possible, synergies among them. In

particular, the combination of the funds from centrally managed Union programmes with

resources committed by Member States should be possible, including, under certain

conditions, contributions from the Recovery and Resilience Facility, as explained in Part 3

of the Commission guidance to Member States on their national Recovery and Resilience

Plans, as well as contributions from the European Regional Development Fund or the

Cohesion Fund. Whenever justified by the nature of a particular multi-country project,

contributions from entities other than the Union and Member States should also be

allowed, including private contributions.

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(43) The Commission, in cooperation with the Member States and acting as the coordinator of

multi-country projects, should assist Member States in identifying their interests in

multi-country projects, give non-binding guidance regarding the selection of optimal

implementation mechanisms, and provide assistance in the implementation, contributing to

the widest possible participation. The Commission should provide such support unless

Member States participating in a multi-country project object. The Commission should act

in cooperation with the participating Member States.

(44) The Commission should be able to establish, upon the application of the Member States

concerned, and following an assessment of that application, an EDIC to implement a

particular multi-country project.

(45) The host Member State should determine whether an EDIC meets the requirements for

recognition as an international body as referred to in of Article143, point (g), and

Article 151(1), point (b), of Council Directive 2006/112/EC **[1]** and as an international

organisation as referred to in Article 12(1), point (b), of Council Directive 2008/118/EC **[2]** .

**1** Council Directive 2006/112/EC of 28 November 2006 on the common system of value
added tax (OJ L 347, 11.12.2006, p. 1).
**2** Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements
for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).

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(46) In order to ensure uniform conditions for the implementation of this Decision,

implementing powers should be conferred on the Commission as regards the KPIs and for

setting up EDICs. Those powers should be exercised in accordance with Regulation

(EU) No 182/2011 of the European Parliament and of the Council **[1]** .

(47) This Decision does not apply to measures taken by Member States concerning national

security, public security or defence,

HAVE ADOPTED THIS DECISION:

**1** Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).

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_Article 1_

_Subject matter_

1. This Decision establishes the Digital Decade Policy Programme 2030 and sets out a

monitoring and cooperation mechanism for that programme designated to:

(a) creating an environment favourable to innovation and investment by setting a clear

direction for the digital transformation of the Union and for the delivery of digital

targets at Union level by 2030, on the basis of measurable indicators;

(b) structuring and stimulating cooperation between the European Parliament, the

Council, the Commission and the Member States;

(c) fostering the consistency, comparability, transparency and completeness of

monitoring and reporting by the Union.

2. This Decision establishes a framework for multi-country projects.

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_Article 2_

_Definitions_

For the purposes of this Decision, the following definitions apply:

(1) ‘Digital Economy and Society Index’ or ‘DESI’ means an annual set of analyses and

measurement indicators on the basis of which the Commission monitors the Union’s and

the Member States’ overall digital performance across several policy dimensions,

including their progress towards the digital targets set out in Article 4;

(2) ‘multi-country projects’ means large-scale projects facilitating the achievement of the

digital targets set out in Article 4, including the Union’s and the Member States’ financing,

in accordance with Article 10;

(3) ‘statistics’ means statistics as defined in Article 3, point (1), of Regulation

(EC) No 223/2009 of the European Parliament and of the Council **[1]** ;

**1** Regulation (EC) No 223/2009 of the European Parliament and of the Council of
11 March 2009 on European statistics and repealing Regulation (EC, Euratom)
No 1101/2008 of the European Parliament and of the Council on the transmission of data
subject to statistical confidentiality to the Statistical Office of the European Communities,
Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision
89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the
European Communities (OJ L 87, 31.3.2009, p. 164).

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(4) ‘peer review process’ means a mechanism whereby Member States exchange best practices

on specific aspects of the policies, measures and actions proposed by a given Member

State, and in particular on their efficiency and suitability to contributing to achieving a

specific target of the digital targets set out in Article 4, in the context of cooperation

pursuant to Article 8;

(5) ‘projected trajectory’ means the projected path per digital target until 2030, to achieve the

digital targets set out in Article 4, on the basis of historical data where available;

(6) ‘edge nodes’ means distributed data-processing capacity connected to the network and

located close to or in the physical endpoint where the data is generated, which offers

distributed computing and storage capabilities for low-latency data processing;

(7) ‘digital intensity’ means the aggregated value attributed to an undertaking, on the basis of

the number of technologies it uses, against a scoreboard of various technologies, in line

with DESI;

(8) ‘key public services’ means essential services provided by public entities to natural persons

in their major life events and to legal persons in their professional life-cycle;

(9) ‘advanced digital skills’ means skills and professional competencies requiring knowledge

and experience necessary to understand, design, develop, manage, test, deploy, use and

maintain digital technologies, products and services;

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(10) ‘basic digital skill’ means the ability to perform, by digital means, at least one activity

related to the following areas: information, communication and collaboration, content

creation, safety and personal data, and problem-solving;

(11) ‘unicorn’ means either:

(a) an undertaking founded after 31 December 1990, which had an initial public offering

or trade sale above USD 1 billion; or

(b) an undertaking that has been valued at over USD 1 billion in its last private venture

funding round, including where the valuation has not been confirmed in a secondary

transaction;

(12) ‘small or medium sized enterprise’ or ‘SME’ means a microenterprise or a small or

medium-sized enterprise as defined in Article 2 of the Annex to Commission

Recommendation 2003/361/EC **[1]** .

**1** Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of
micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

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_Article 3_

_General objectives of the Digital Decade Policy Programme 2030_

1. The European Parliament, the Council, the Commission and the Member States shall

cooperate to support and achieve the following general objectives at Union level

(the ʻgeneral objectivesʼ):

(a) promoting a human-centred, fundamental-rights-based, inclusive, transparent and

open digital environment where secure and interoperable digital technologies and

services observe and enhance Union principles, rights and values and are accessible

to all, everywhere in the Union;

(b) reinforcing Member States’ collective resilience and bridging the digital divide,

achieving gender and geographic balance by promoting continuous opportunities for

all individuals, developing basic and advanced digital skills and competencies,

including through vocational and professional training, and lifelong learning, and

fostering the development of high-performing digital capacities within horizontal

education and training systems;

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(c) ensuring the Union’s digital sovereignty in an open manner, in particular by secure

and accessible digital and data infrastructures capable of efficiently storing,

transmitting and processing vast volumes of data that enable other technological

developments, supporting the competitiveness and sustainability of the Union’s

industry and economy, in particular of SMEs, and the resilience of the Union’s value

chains, as well as fostering the start-up ecosystem and the smooth functioning of the

European digital innovation hubs;

(d) promoting the deployment and the use of digital capabilities with a view to reducing

the geographical digital divide and granting access to digital technologies and data

on open, accessible and fair terms, in order to achieve a high level of digital intensity

and innovation in Union enterprises, in particular start-ups and SMEs;

(e) developing a comprehensive and sustainable ecosystem of interoperable digital

infrastructures, where high performance, edge, cloud, quantum computing, artificial

intelligence, data management and network connectivity work in convergence, to

promote their uptake by businesses in the Union, and to create opportunities for

growth and jobs through research, development and innovation, and ensuring that the

Union has a competitive, secure and sustainable data cloud infrastructure in place,

with high security and privacy standards and complying with the Union data

protection rules;

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(f) promoting a Union digital regulatory environment to support the ability of Union

undertakings, especially that of SMEs, to compete fairly along global value chains;

(g) ensuring that online participation in democratic life is possible for everyone, and that

public services, health and care services are also accessible in a trusted and secure

online environment for everyone, in particular for disadvantaged groups including

persons with disabilities, and in rural and remote areas, offering inclusive, efficient,

interoperable and personalised services and tools with high security and privacy

standards;

(h) ensuring that digital infrastructure and technologies, including their supply chains,

become more sustainable, resilient, and energy- and resource-efficient, with a view

to minimising their negative environmental and social impact, and contributing to a

sustainable circular and climate-neutral economy and society in line with the

European Green Deal, including by promoting research and innovation which

contribute to that end and by developing methodologies for measuring the energy

and resource efficiency of the digital space;

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(i) facilitating fair and non-discriminatory conditions for users during the digital

transformation throughout the Union by strengthening the synergies between private

and public investments and the use of Union and national funds, and by developing

predictable regulatory and supportive approaches that also involve the regional and

local levels;

(j) ensuring that all policies and programmes which are relevant to achieving the digital

targets set out in Article 4 are taken into account in a coordinated and coherent way

to fully contribute to the European green and digital transition, while avoiding

overlaps and minimising administrative burdens;

(k) improving resilience to cyberattacks, contributing to increasing risk-awareness and

the knowledge of cybersecurity processes, and increasing the efforts of public and

private organisations to achieve at least basic levels of cybersecurity.

2. In cooperating to achieve the general objectives set out in this Article, the Member States

and the Commission shall take account of the digital principles and rights set out in the

European Declaration on Digital Rights and Principles for the Digital Decade.

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_Article 4_

_Digital targets_

1. The European Parliament, the Council, the Commission and the Member States shall

cooperate with a view to achieving the following digital targets in the Union by 2030

(the ʻdigital targetsʼ):

(1) a digitally skilled population and highly skilled digital professionals, with the aim of

achieving gender balance, where:

(a) at least 80 % of those aged 16-74 have at least basic digital skills;

(b) at least 20 million ICT specialists are employed within the Union, while

promoting the access of women to this field and increasing the number of ICT

graduates;

(2) secure, resilient, performant and sustainable digital infrastructures, where:

(a) all end users at a fixed location are covered by a gigabit network up to the

network termination point, and all populated areas are covered by

next-generation wireless high-speed networks with performance at least

equivalent to that of 5G, in accordance with the principle of technological

neutrality;

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(b) the production, in accordance with Union law on environmental sustainability,

of cutting-edge semiconductors in the Union is at least 20 % of world

production in value;

(c) at least 10 000 climate-neutral highly secure edge nodes are deployed in the

Union, distributed in a way that guarantees access to data services with low

latency (i.e. a few milliseconds) wherever businesses are located;

(d) the Union has, by 2025, its first computer with quantum acceleration, paving

the way for the Union to be at the cutting edge of quantum capabilities

by 2030.

(3) the digital transformation of businesses, where:

(a) at least 75 % of Union enterprises have taken up one or more of the following,

in line with their business operations:

(i) cloud computing services;

(ii) big data;

(iii) artificial intelligence;

(b) more than 90 % of Union SMEs reach at least a basic level of digital intensity;

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(c) the Union facilitates the growth of its innovative scale-ups and improves their

access to finance, leading to at least doubling the number of unicorns;

(4) the digitalisation of public services, where:

(a) there is 100 % online accessible provision of key public services and, where

relevant, it is possible for citizens and businesses in the Union to interact online

with public administrations;

(b) 100 % of Union citizens have access to their electronic health records;

(c) 100 % of Union citizens have access to secure electronic identification (eID)

means that are recognised throughout the Union, enabling them to have full

control over identity transactions and shared personal data.

2. The Commission, taking into account in particular the information submitted by Member

States in accordance with Article 5(2) and Articles 7, 8 and 9, shall review the digital

targets and the relevant definitions by 30 June 2026. The Commission shall submit a report

to the European Parliament and to the Council regarding the outcome of the review, and

shall submit a legislative proposal to amend the digital targets where it considers it to be

necessary to address technical, economic or societal developments in order to achieve a

successful digital transformation of the Union.

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_Article 5_

_Monitoring of progress_

1. The Commission shall monitor the progress of the Union towards the general objectives

and the digital targets. To that end, the Commission shall rely upon DESI and shall set out,

by means of an implementing act, the KPIs for each digital target. That implementing act

shall be adopted in accordance with the examination procedure referred to in Article 23(2).

2. Member States shall provide to the Commission in a timely manner the necessary statistics

and data required for the effective monitoring of the digital transformation and of the

degree of achievement of the digital targets. Those data shall, where possible, be

disaggregated by gender and by region, in accordance with Union and national law. Where

the relevant statistics from Member States are not available, the Commission may use an

alternative data collection methodology, such as studies or direct collection of data from

the Member States, in consultation with the Member States, including in order to ensure

that the regional level is properly documented. The use of that alternative data collection

methodology shall not affect the tasks of the Commission (Eurostat) as laid down in

Commission Decision 2012/504/EU **[1]** .

**1** Commission Decision 2012/504/EU of 17 September 2012 on Eurostat
(OJ L 251, 18.9.2012, p. 49).

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3. The Commission, in close cooperation with Member States, shall establish Union-level

projected trajectories for each of the digital targets. Those projected trajectories shall serve

as a basis for the Commission’s monitoring referred to in paragraph 1 and for the Member

States’ national digital decade strategic roadmaps (the ʻnational roadmapsʼ). Where

necessary, in light of technical, economic or societal developments, the Commission, in

close cooperation with the Member States, shall update one or more of those projected

trajectories. The Commission shall report to the European Parliament and the Council

about the Union-level projected trajectories and their updates in a timely manner.

_Article 6_

_Report on the state of the Digital Decade_

1. The Commission shall annually submit and present to the European Parliament and to the

Council a comprehensive report on the state of the Digital Decade (the ʻReport on the

Digital Decadeʼ). The Report on the Digital Decade shall cover progress with regard to the

digital transformation of the Union and DESI.

The Commission shall submit its first Report on the Digital Decade by … [12 months after

the date of entry into force of this Decision].

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2. In the Report on the Digital Decade, the Commission shall provide an assessment of the

progress of the Union’s digital transformation towards the digital targets, as well as the

state of compliance with the general objectives. The assessment of the progress made shall

be based, in particular, on the analysis and KPIs in DESI compared to Union-level

projected trajectories and national projected trajectories, taking into account, where

applicable and possible, an analysis of the regional dimension. The assessment of the

progress made shall also be based, where applicable, on the establishment of, and progress

regarding, multi-country projects.

3. In the Report on the Digital Decade, the Commission shall identify significant gaps and

shortages and recommend policies, measures or actions to be taken by Member States in

areas where progress was insufficient to achieve the general objectives and the digital

targets. Those recommended policies, measures or actions may, in particular, address:

(a) the level of ambition of contributions and initiatives proposed by Member States,

with a view to achieving the general objectives and the digital targets;

(b) policies, measures and actions at Member State level, including, where relevant, of

the regional dimension, and other policies and measures of potential cross-border

relevance;

(c) any additional policies, measures or actions that might be required to adjust national

roadmaps;

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(d) the interactions between, and the consistency of, existing and planned policies,

measures and actions.

4. The Report on Digital Decade shall take into account joint commitments as referred to in

Article 8(4), as well as the implementation thereof.

5. The Report on Digital Decade shall include information on progress regarding

recommended policies, measures or actions referred to in paragraph 3 of this Article and

mutually agreed conclusions pursuant to Article 8(7) and the implementation thereof.

6. The Report on the Digital Decade shall assess the need for any additional policies,

measures or actions that might be required at Union level.

_Article 7_

_National digital decade strategic roadmaps_

1. By ... [nine months after the date of entry into force of this Decision], each Member State

shall submit to the Commission its national roadmap. The national roadmaps shall be

consistent with, and shall contribute to, achieving at Union level the general objectives and

the digital targets. Member States shall take into account relevant sectoral initiatives and

foster consistency with them.

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2. Each national roadmap shall comprise the following:

(a) the main planned, adopted and implemented policies, measures and actions that

contribute to achieving the general objectives and the digital targets;

(b) national projected trajectories contributing to achieving the relevant digital targets

that are measurable at national level, while the regional dimension is reflected where

possible in the national roadmaps;

(c) the timing, and expected impact on achieving the general objectives and the digital

targets, of the planned, adopted and implemented policies, measures and actions

referred to in point (a).

3. The policies, measures and actions referred to in paragraph 2 shall indicate one or more of

the following:

(a) the relevant directly applicable Union or national law;

(b) one or more commitments undertaken to adopt those policies, measures or actions;

(c) the public financial resources allocated;

(d) the human resources mobilised;

(e) any other critical enablers related to achieving the general objectives and the digital

targets that they constitute.

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4. In their national roadmaps, Member States shall provide an estimate of the investments and

resources needed to contribute to achieving the general objectives and the digital targets, as

well as a general description of the sources of those investments, either private or public,

including, where applicable, the planned use of Union programmes and instruments. The

national roadmaps may include proposals for multi-country projects.

5. Member States may establish regional roadmaps. The Member States shall strive to align

such regional roadmaps with their national roadmaps, and may integrate them therein, in

order to ensure that the general objectives and the digital targets are pursued throughout

their territories.

6. Member States shall ensure that their national roadmaps take into consideration the latest

country-specific recommendations issued in the context of the European Semester.

Adjustments to national roadmaps shall take into utmost account the recommended

policies, measures and actions under Article 6(3).

7. The Commission shall provide guidance and support to Member States in the preparation

of their national roadmaps, including, where possible, on how to establish at national level,

where possible taking into account the regional dimension, appropriate national projected

trajectories which can effectively contribute to the achievement of the Union-level

projected trajectories.

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_Article 8_

_Cooperation mechanisms between the Commission and the Member States_

1. The Commission and the Member States shall cooperate with each other closely to identify

ways to address deficiencies in areas where progress in achieving one or more of the

digital targets is regarded to be insufficient by the Commission and the Member States or

where significant gaps and shortages have been identified on the basis of the results of the

Report on the Digital Decade. That analysis shall take into account, in particular, the

various capacities of Member States to contribute to achieving some of the digital targets

and the risk that delays in achieving certain of those targets may have a detrimental effect

on the achievement of other digital targets.

2. Within two months of the publication of the Report on the Digital Decade, the Commission

and the Member States shall endeavour to discuss the Member State’s preliminary

observations, in particular as regards policies, measures and actions recommended by the

Commission in its report.

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3. Within five months of the publication of the second Report on the Digital Decade and

every second year thereafter, the Member States concerned shall submit to the Commission

adjustments to their national roadmaps consisting of policies, measures and actions they

intend to undertake, including, where relevant, proposals for multi-country projects, to

foster progress in achieving the general objectives and the areas concerned by the digital

targets. If a Member State considers that no action is required and that its national roadmap

does not require updating, it shall provide its reasons to the Commission.

4. At any point during cooperation pursuant to this Article, the Commission and Member

States, or at least two Member States, may make joint commitments, consult other Member

States on policies, measures or actions, or establish multi-country projects. Such joint

commitments may be made by the Commission and one or more Member States or by at

least two Member States. Such multi-country projects shall involve the participation of at

least three Member States, in accordance with Article 10. Member States may also request

that a peer review process be launched regarding specific aspects of their policies,

measures or actions, and in particular regarding the suitability of those policies, measures

or actions to contribute to achieving a specific digital target, as well as to meet the

obligations and carry out the tasks provided for in this Decision. The outcome of the peer

review process may be included in the following Report on the Digital Decade, if the

Member State concerned agrees.

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5. The Commission shall inform Member States about the recommended policies, measures

and actions it intends to include in the Report on the Digital Decade before the publication

of the report.

6. The Commission and the Member States shall cooperate with each other closely in order to

meet the obligations and carry out the tasks provided for in this Decision. To that end, each

Member State may initiate a dialogue, either with the Commission, or with the

Commission and the other Member States, on any subject relevant to achieving the general

objectives and the digital targets. The Commission shall provide all appropriate technical

assistance services and expertise, and shall organise a structured exchange of information

and of best practices and shall facilitate coordination.

7. In the event of a significant or continuous deviation from the national projected

trajectories, the Commission or the Member State concerned may initiate a structured

dialogue with each other.

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The structured dialogue shall be based on a specific analysis of how such a deviation could

affect the collective achieving of the general objectives and the digital targets, in view of

the evidence and data in the Report on the Digital Decade. The aim of the structured

dialogue shall be to provide guidance and support the Member State concerned in

identifying the appropriate adjustments to its national roadmap or any other necessary

measures. The structured dialogue shall result in mutually agreed conclusions, which shall

be taken into account in the follow-up actions to be taken by the Member State concerned.

The Commission shall duly inform the European Parliament and the Council about the

structured dialogue process and shall present to them the mutually agreed conclusions.

_Article 9_

_Consultation of stakeholders_

1. The Commission shall, in a timely and transparent manner and on a regular basis, consult

private and public stakeholders, including representatives of SMEs, the social partners and

civil society, to collect information and develop recommended policies, measures and

actions for the purposes of implementing this Decision. The Commission shall publish the

outcome of the consultations carried out pursuant to this Article.

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2. The Member States shall, in a timely manner and in accordance with national law, consult

private and public stakeholders, including representatives of SMEs, the social partners and

civil society, as well as regional and local representatives, when adopting their national

roadmaps and the adjustments thereto.

_Article 10_

_Multi-country projects_

1. Multi-country projects shall facilitate achieving the general objectives and the digital

targets.

2. Multi-country projects shall aim to achieve one or more of the following specific goals:

(a) improving the cooperation between the Union and the Member States and among the

Member States in achieving the general objectives;

(b) reinforcing the Union’s technological excellence, leadership, innovation and

industrial competitiveness in critical technologies, complementary technology

combinations, and digital products, infrastructure and services that are essential for

economic recovery and growth and for the security and safety of individuals;

(c) addressing strategic vulnerabilities and dependencies of the Union along the digital

supply chains in order to enhance their resilience;

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(d) increasing the availability, and promoting the best use, of safe digital solutions in

areas of public interest and the private sector while observing the principles of

technological neutrality;

(e) contributing to an inclusive and sustainable digital transformation of the economy

and society that benefits all citizens and businesses, in particular SMEs, across the

Union;

(f) promoting digital skills for citizens through education, training and life-long

learning, with a focus on fostering gender-balanced participation in education and

career opportunities.

An indicative list of possible areas of activity in which multi-country projects addressing

those specific objectives could be established is set out in the Annex.

3. A multi-country project shall involve the participation of at least three Member States.

4. Where appropriate, a Member State participating in a multi-country project may delegate

the implementation of its part of that project to a region, in line with its national roadmap.

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5. The Commission may, pursuant to Article 6(3) and Article 8(4), recommend that Member

States propose a multi-country project or participate in a multi-country project meeting the

requirements of paragraphs 1, 2 and 3 of this Article, taking into account progress in

implementing the relevant national roadmaps. The Commission and the Member States

may also undertake to set up, or join, a multi-country project as a joint commitment.

_Article 11_

_Selection and implementation of multi-country projects_

1. Taking into account proposals for multi-country projects in the national roadmaps and joint

commitments, the Commission shall, in close cooperation with the Member States, prepare

and publish, as an annex to the Report on the Digital Decade, the strategic principles and

priorities for the implementation of multi-country projects, and a progress report on the

multi-country projects selected for implementation at the time of the publication of the

Report on the Digital Decade.

2. All Union programmes and investment schemes may, if allowed by the acts establishing

them, contribute to a multi-country project.

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3. A third country may participate in a multi-country project if that country is associated to a

directly managed Union programme which supports the digital transformation of the

Union, and if its participation is necessary to facilitate the achievement of the general

objectives and digital targets with regard to the Union and the Member States. Such an

associated third country, including in its financial contributions, shall comply with the

rules arising from the Union programmes and investment schemes contributing to the

multi-country project.

4. Other entities, whether public or private, may contribute to multi-country projects, where

appropriate. Complementary private contributions shall contribute to the achievement of

the purpose and goals laid down in Article 10(1) and (2) and shall support, where relevant,

open access to results and their reuse in the interest of citizens and businesses in the Union.

5. Multi-country projects may be implemented by recourse to any of the following

mechanisms:

(a) joint undertakings;

(b) European Research Infrastructure Consortia;

(c) the Union’s agencies;

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(d) independently by the Member States concerned;

(e) to promote the execution of important projects of common European interest under

Article 107(3), point (b), TFEU;

(f) European digital infrastructure consortia, in accordance with Articles 13 to 21;

(g) other appropriate implementation mechanisms.

_Article 12_

_Multi-country projects accelerator_

1. The Commission shall, at the request of the participating Member States or on its own

initiative and in agreement with the participating Member States, coordinate the

implementation of a multi-country project, in accordance with paragraphs 2 to 5, acting as

a multi-country project accelerator.

2. As a first coordination step, the Commission shall address to all Member States a call for

expressions of interest. The call for expressions of interest shall aim to determine which

Member States intend to participate in the multi-country project and what financial or non

financial contribution they propose to provide.

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3. As a second coordination step, if at least three Member States express interest in a multi

country project and propose financial or non-financial commitments to that project, the

Commission, after consulting all Member States, shall provide guidance on the choice of

the appropriate implementation mechanism, on the sources of funding and on their

combination within the project, as well as on other strategic aspects related to the

implementation of that project.

4. The Commission may provide Member States with guidance regarding the setting-up of

European digital infrastructure consortia (EDICs) pursuant to Article 14.

5. The Commission shall support the implementation of multi-country projects by providing,

as appropriate, services and resources referred to in Article 8(6).

_Article 13_

_Objective and status of EDICs_

1. Member States may implement a multi-country project by means of an EDIC.

2. Any Member State may be represented by one or more public entities, including regions or

private entities with a public service mission, as regards the exercise of specified rights and

the discharge of specified obligations as a member of an EDIC.

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3. EDICs shall have legal personality from the date of entry into force of the relevant

Commission decision referred to in Article 14(3), point (a).

4. EDICs shall have in each Member State the most extensive legal capacity accorded to legal

entities under the law of that Member State. They may, in particular, acquire, own and

dispose of movable, immovable and intellectual property, conclude contracts and be a

party to legal proceedings.

5. EDICs shall have a statutory seat, which shall be located on the territory of a Member State

that is a member providing a financial or non-financial contribution as referred to in

Article 15(1).

_Article 14_

_Setting up an EDIC_

1. Member States applying to set up an EDIC shall submit a written application to the

Commission. The application shall contain the following:

(a) a request to the Commission to set up the EDIC;

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(b) the proposed Statutes of the EDIC;

(c) a technical description of the multi-country project to be implemented by the EDIC;

(d) a declaration by the host Member State whether it recognises the EDIC as an

international body as referred to in Article 143(1), point (g), and Article 151(1),

point (b), of Directive 2006/112/EC and as an international organisation as referred

to in Article 12(1), point (b), of Directive 2008/118/EC, from the date on which the

EDIC is set up.

The limits and conditions of the exemptions provided for in the provisions referred to in

point (d) of the first subparagraph shall be laid down in an agreement between the

members of the EDIC.

2. The Commission shall assess the application on the basis of the conditions set out in

paragraph 1 of this Article. It shall take into account the general objectives, as well as the

purposes and goals of the multi-country project, pursuant to Article 10(1) and (2), and

practical considerations related to the implementation of the multi-country project to be

implemented by the EDIC.

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3. The Commission shall, taking into account the results of the assessment referred to in

paragraph 2 of this Article, adopt by means of implementing acts either of the following:

(a) a decision setting up the EDIC, after it has concluded that the requirements laid down

in Articles 13 to 21 are met; or

(b) a decision rejecting the application, if it concludes that the requirements laid down in

Articles 13 to 21 are not met, including in the absence of the declaration referred to

in paragraph 1, point (d), of this Article.

In the event of a decision rejecting the application under point (b) of the first subparagraph

of this paragraph, Member States may form a consortium by way of an agreement. Such a

consortium shall not be considered to be an EDIC and shall not benefit from the

implementation structure laid down in Articles 13 to 21.

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 23(2).

4. Decisions referred to in paragraph 3, point (a) or (b), shall be notified to the applicant

Member State. Where the application is rejected, the decision shall be explained in clear

and precise terms.

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5. The Commission shall annex the essential elements of the Statutes of the EDIC referred to

in Article 17(1), points (c), (d), (e) and (i), to the decision setting up an EDIC.

Decisions setting up an EDIC shall be published in the _Official Journal of the European_

_Union_ . The Commission shall establish a publicly accessible list of the EDICs set up, and

shall update the list in a timely and regular manner.

_Article 15_

_Membership of an EDIC_

1. The membership of an EDIC shall include at least three Member States.

Only Member States that provide a financial or non-financial contribution shall be eligible

to become members of the EDIC. Such Member States shall have voting rights.

2. Following the adoption of a decision setting up an EDIC, other Member States may

become members at any time, on fair and reasonable terms to be specified in the Statutes

of the EDIC.

3. Member States that provide neither a financial nor a non-financial contribution may join an

EDIC as observers by notifying the EDIC. Such Member States shall not have voting

rights.

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4. Membership of an EDIC may be open to entities other than Member States, which may

include third countries as referred to in Article 11(3), international organisations of

European interest, and public or private entities, as specified in the Statutes of the EDIC.

Where entities other than Member States are members of an EDIC, Member States shall

hold jointly the majority of the voting rights in the assembly of members, regardless of the

amount of contributions from entities other than Member States.

_Article 16_

_Governance of an EDIC_

1. An EDIC shall have at least the following two bodies:

(a) an assembly of members made up of the Member States, of other entities referred to

in Article 15(4), and of the Commission, the assembly being the body having full

decision-making powers, including the adoption of the budget;

(b) a director, appointed by the assembly of members, as the executive body and legal

representative of the EDIC.

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2. The Commission shall participate in the deliberations of the assembly of members, without

itself having voting rights. However, where a centrally managed Union programme

contributes financially to a multi-country project, the Commission shall have a right of

veto against decisions of the assembly related only to actions financed under

centrally-managed Union programmes.

Decisions of the assembly shall be made publicly available within 15 days of their

adoption.

3. The Statutes of an EDIC shall contain specific governance provisions, in accordance with

paragraphs 1 and 2.

_Article 17_

_Statutes of an EDIC_

1. The Statutes of an EDIC shall contain at least the following:

(a) a list of members and observers and the procedure for changes in membership and

representation, providing for the right of non-participating Member States to join the

EDIC;

(b) a detailed description of the multi-country project, the tasks of members, if

applicable, and an indicative timeline;

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(c) the statutory seat and name of the EDIC;

(d) the duration of the EDIC, and the procedure for winding it up in accordance with

Article 20;

(e) the liability regime of the EDIC, in accordance with Article 18;

(f) the rights and obligations of the members, including the obligation to make

contributions to the budget;

(g) the voting rights of members;

(h) rules on the ownership of infrastructure, intellectual property, profits and other

assets, as applicable;

(i) information about the declaration of the host Member State referred to in

Article 14(1), point (d).

2. Amendments to the essential elements of the Statutes of an EDIC as referred to in

paragraph 1, points (c), (d), (e) and (i), of this Article shall be subject to the procedure

referred to in Article 14.

3. Amendments to the Statutes of an EDIC other than those referred to in paragraph 2 shall be

submitted to the Commission by the EDIC within 10 days of their adoption.

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4. The Commission may object to amendments within 60 days of their submission under

paragraph 3. The Commission shall provide reasons for such an objection and shall explain

why the amendments do not meet the requirements of this Decision.

5. Amendments shall not take effect until the expiry of the deadline referred to in

paragraph 4, a waiver of that deadline by the Commission, or the withdrawal of the

Commission’s objection.

6. The application for an amendment shall contain the following:

(a) the text of the amendment as proposed or adopted, including the date on which it

enters or entered into force;

(b) an updated consolidated version of the EDIC’s Statutes.

_Article 18_

_Liability of an EDIC_

1. An EDIC shall be liable for its debts.

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2. The financial liability of the members for the debts of the EDIC shall be limited to their

respective contributions provided to the EDIC. The members may specify in the Statutes

that they will assume a fixed liability above their respective contributions or unlimited

liability.

3. The Union shall not be liable for any debt of the EDIC.

_Article 19_

_Applicable law and jurisdiction_

1. The setting-up and internal functioning of an EDIC shall be governed:

(a) by Union law, in particular by this Decision;

(b) by the law of the Member State where the EDIC has its statutory seat in the case of

matters not, or only partly, regulated by Union law, in particular this Decision;

(c) by the Statutes and their implementing rules.

2. Without prejudice to the cases in which the Court of Justice of the European Union has

jurisdiction under the Treaties, the law of the Member State where an EDIC has its

statutory seat shall determine the jurisdiction competent for the resolution of disputes

among the members in relation to the EDIC, between the members and the EDIC, and

between the EDIC and third parties.

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_Article 20_

_Winding-up of an EDIC_

1. The Statutes of an EDIC shall determine the procedure to be followed for its winding-up

following a decision of the assembly of members to that effect. The winding-up of an

EDIC may include the transfer of its activities to another legal entity.

2. The insolvency rules of the Member State where an EDIC has its statutory seat shall apply

in the event that an EDIC is unable to pay its debts.

_Article 21_

_Reporting by and control of an EDIC_

1. An EDIC shall produce an annual activity report, containing a technical description of its

activities, and a financial report. The reports shall be approved by the assembly of

members and transmitted to the Commission. The reports shall be made publicly available.

2. The Commission may provide guidance regarding the matters to be covered in the annual

activity report.

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_Article 22_

_Provision of information by Member States_

Member States shall, upon request from the Commission, provide it with the information necessary

to carry out its tasks under this Decision, in particular regarding the information necessary to

implement Articles 7 and 8. The information requested by the Commission shall be proportionate to

the performance of its tasks. Where the information to be provided contains data previously

provided by undertakings at the request of a Member State, such undertakings shall be informed

thereof before Member States provide the data to the Commission.

_Article 23_

_Committee procedure_

1. The Commission shall be assisted by a committee. That committee shall be a committee

within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall

apply.

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_Article 24_

_Entry into force_

This Decision shall enter into force on the twentieth day following that of its publication in the

_Official Journal of the European Union_ .

Done at …,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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**ANNEX**

Areas of activity

Non-exhaustive areas of activity:

(a) European common data infrastructure and services;

‑
(b) endowing the Union with the next generation of low power trusted processors;

(c) developing the pan-European deployment of 5G corridors;

(d) acquiring supercomputers and quantum computers, connected with the European high

performance computing (EuroHPC);

(e) developing and deploying an ultra-secure quantum and space-based communication

infrastructures;

(f) deploying a network of security operations centres;

(g) connected public administration;

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(h) European blockchain services infrastructure;

(i) European digital innovation hubs (EDIHs);

‑
(j) high tech partnerships for digital skills through the ʻPact for Skillsʼ initiative, launched by

the Commission communication of 1 July 2020 entitled the ʻEuropean Skills Agenda for

sustainable competitiveness, social fairness and resilienceʼ;

(k) skills and training in cybersecurity;

(l) other projects which meet all the requirements set out in Article 11 and which become

necessary to the achievement of the general objectives of the Digital Decade Policy

Programme 2030 over time due to emerging social, economic or environmental

developments.

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