Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

Brussels, 10.09.1998

COM(1998) 518 final

98/0276 (COD)

Amended proposal for a

EUROPEAN PARLIAMENT AND COUNCIL DECISION

adopting a Multiannual Community Action Plan on promoting safer use of the Internet

(presented by the Commission pursuant to Article 189 a (2)
of the EC-Treaty)

**EXPLANATORY MEMORANDUM**

The Commission hereby presents a modified proposal for a European Parliament and
Council Directive adopting a Multiannual Community Action Plan on promoting safer use
of the Internet. The modified proposal incorporates those amendments proposed by the
European Parliament at First Reading which were accepted by the Commission.

**1) INTRODUCTION**

**a) Background**

The Commission adopted its proposal on 26 [th] November 1997, and it was formally
transmitted to the European Parliament and the Council on 26 [th] January 1998.

The Economic and Social Committee gave a favourable Opinion on the 29 [th] April 1998.
The Committee of the Regions gave a favourable Opinion on the 14 [th] May 1998.
The European Parliament adopted a favourable Resolution at its First Reading on the 2 [nd ]

May 1998, and proposed 23 amendments to the Commission proposal.

**b) Purpose of the Action Plan**

The aim of the Commission proposal is to ensure implementation of the various European
Union initiatives on how to deal with undesirable content on the Internet. The proposal is
a financial plan designed to support non-regulatory initiatives for content control. It is
important to emphasise that the vast majority of content poses absolutely no problem.
However the Internet can be used for illegal activities and distribution of illegal content.
Parents and teachers are concerned at the availability of content, which could be harmful
for children. If the consumers and industry of Europe are to take full advantage of the
opportunities offered by the Information society, these issues must be addressed.

The Action Plan has **four action** **lines:**

**(1)** **Creating a safer environment** - including creation of a European network of hot
lines and support for self-regulation
(2) Developing **filtering and rating** systems, taking account of Europe's cultural and
linguistic diversity
(3) Encouraging **awareness** actions
(4) **Support** measures

Each of the Action Lines aims at reaching certain main objectives:

- to empower the user to protect himself and his family from undesirable harmful
material,

- to strengthen reporting mechanisms for illegal material to be dealt with _by_ existing
legislation,

- to ensure that the specific multicultural and multilingual needs of E» ope are addressed
adequately,

- to build tnjit in the new environment so the consumer can benefit from the new
services, an J so the industry can use the opportunities of electronic media.

**2) EP AMENDMENTS ACCPTED** **BY** **THE COMMISSION**

**Of the 23 amendments adopted by the European Parliament at First Reading, the**
**Commission accepted 20 in full, in part or in principle.**

**Amendments accepted in full, in part or in principle: 1, 2, 3, 4, 5, 6, 8, 9, 10,** **11,** **13, 14**
**(in part), 15, 16, 18, 19, 20, 21, 22, 23.**

**The Commission accepted those amendments which:**

**- emphasise the consumer protection perspective [amendments 1, 2, 3, 4,** **10]**

**- include issues of importance under the scope of the plan and supplement the definitions**
**of** **the scope [amendments 1,4, 5,6, 10, 11, 13, 15, 18, 19,20,21,22,23]**

**In its modified proposal, the Commission has included the amendments in the text as**
**proposed by the European Parliament, and made some additions to ensure consistency**
**throughout the text.**

**One of the amendments - 14 - is in part acceptable in the French language (as first**
**submitted to the Commission). It should nevertheless, be emphasised that the**
**Commission in the modified proposal uses the exact wording of Article 2 of the Council**
**decision of** **13** **July 1987 (87/373/CEE), describing rules governing type I committees.**
**This text is, in the English version of the text, close to the original version.**

**3) EP AMENDMENTS NOT ACCEPTED BY THE COMMISSION**

**The reasons which lead the Commission not to accept three of the amendments proposed**
**by the European Parliament are related to** _**legal**_ _**issues dud**_ _**projects that may prove to be**_

_**unnecessary.**_

**a) Legal issues - liability**

**The Action Plan is a financial instrument that stimulates initiatives that must be**
**addressed by Member States, the industry and users. It is not a legal instrument for**
**solving the various legal issues connected with the Internet. Therefore, care has been**
**taken to focus on the non-regulatory measures in this Action Plan. The amendments (7**
**and 12) suggested by Parliament, address issues that are clearly legal by nature** and **make**
**references to** _**liability.**_ **These issues should not be dealt with in the Action Plan as**
**fragmentary** **statements, but should be addressed elsewhere.**

**b) Labelling systems**

**Of the EP amendments adding to the** scope **of the Action Plan, only one was unacceptable**
**and then for practical** reasons only. **It** proposes the inclusion of **labelling systems** in
**Industry** Codes **of** **conduct.** The need to adopt labelling systems is already stated in the
_Recommendation on protection of minors and_ _human_ _dignity,_ and we can expect Codes
of conduct to **be** developed along the lines suggested on this report. îf a separate
European labelling system is needed, the Action Plan will certainly promote such a system.
However, if flexible, international systems can be adapted, and this proves to be a better
solution, there will be no need for a separate European system, which could be a waste of
money. There is no reason to believe that the concerns, reflected in the suggested
amendment, are not already covered by the proposal.

**4) CONCLUSION**

**The Commission has accepted 20 out of 23 amendments proposed by the European**
**Parliament at First Reading either in whole or in part.**

**In accordance with Article** **189a** **paragraph 2 of the EC Treaty, the Commission amends**
**its initial proposal, incorporating these amendments.**

**Modified proposal for a European Parliament and Council Directive**

**adopting a** **Multiannual** **Community**
**Action Plan on promoting safer use of the Internet**

**Original text** **Amended text**

**Title and citations**

**(based on EP amendments** _**I**_ **and 2)**

**PROPOSAL FOR A COUNCIL DECISION** **PROPOSAL FOR A EUROPEAN**

**PARLIAMENT AND COUNCIL DECISION**

**of** **of**
**adopting a Multiannual Community Action Plan adopting a Multiannual Community Action Plan**
**on promoting safe use of the Internet** **on promoting safer use of the Internet**

**THE COUNCIL** OF **THE** EUROPEAN UNION,

Having regard **to** the Treaty establishing the
European Community, and in particular Article
**130(3)** **thereof,**

**Having regard to the** proposal from the
Commission,

**Having regard to** the Opinion of the European
Parliament,

```
THE EUROPEAN PARLIAMENT AND THE

COUNCIL OF THE EUROPEAN UNION,

```

Having regard to the Treaty establishing the
European Community, and in particular Article
129a(2) thereof,

Having regard to the proposal from the
Commission,

Having regard to the Opinion of the Economic **and**
Social Committee,

**Having** regard **to** the Opinion of the Economic and Having regard to the Opinion of the Committee of
**Social Committee,** **the Regions,**

**Having regard to the Opinion of the Committee of**
**the Regions,**

**•5"**

**Original text** **Amended text**

**Recital 2**

**(based on EP amendment 3)**

**(2) Whereas however, the amount of harmful and**
**illegal content carried over the Internet, while**
**limited, can seriously hamper the development of**
**the emerging Internet industry and thus, adversely**
**affect the set-up of the necessary favourable**
**environment for initiatives and undertakings to**
**flourish;**

**(2) Whereas however, the amount of** **harmful** **and**
**illegal content carried over the Internet, while**
**limited, can damage the mental health, safety and**
**economic interests of consumers and thus, adversely**
**affect the set-up of the necessary favourable**
**environment for promoting and respecting ethical**
**standards;**

**Recital 2a (new)**

**(based on EP amendment 4)**

**(2a) Whereas illegal and harmful content on the**
**Internet can relate to a very wide range of issues:**
**national security, the protection of minors,**
**protection of human dignity, financial security, data**
**protection and the protection of privacy, reputation,**
**public health and intellectual property;**

**Recital 3**

**(based on EP amendment 5)**

**(3) Whereas it is essential, in order to ensure the full**
**potential of the Internet industry, that a safe**
**environment for its use be created by combating**
**illegal use of the technical possibilities of the**
**Internet in particular for offences against children;**

_**é**_

**(3) Whereas it is essential, in order to ensure the full**
**potential of the Internet industry, that a safer**
**environment for its use be created by combating**
**illegal use of the technical possibilities of the**
**Internet in particular, for offences against children**
**and trafficking in human beings;**

**Original text** **Amended text**

**Recital 4**

**(based on EP amendment 1)**

(4) Whereas promotion of industry self-regulation
and content-monitoring schemes, development of
filtering tools and rating mechanisms provided by
the industry and increased awareness of industry
services as well as fostered international co
operation between all parties concerned will play a
crucial role in consolidating that safe environment
and will contribute to remove obstacles to the

development and competitiveness of the concerned
industry;

(4) Whereas promotion of industry self-regulation
and content-monitoring schemes, development of
filtering tools and rating mechanisms provided by
the industry and increased awareness of industry
services as well as fostered international cooperation between all parties concerned will play a
crucial role in consolidating that safer environment
and will contribute to remove obstacles to the
development and competitiveness of the concerned
industry;

**Recital 16**

(based **on EP amendment 6)**

(16) Whereas co-operation from the industry and a
full functioning system of self-regulation are
essential to limiting the flow of illegal content on the
Internet;

(16) Whereas co-operation from the industry in
setting up voluntary and full functioning systems of
self-regulation and the existence of effective mutual
notification systems between the competent
authorities concerning the contents of the Internet
are essential to limiting the flow of illegal content on
the Internet;

**Recital 27a (new)**

**(based on EP amendment 8)**

(27a) Whereas, as referred to in the European
Parliament's resolution of 24 October 1996 on the
draft general budget of the European Communities
for the financial year 1997         - Section III Commission ('), there is an agreement between
Parliament and the Commission on information and

the presence of European Parliament representatives
at the proceedings of Commission committees;

(1) OJC347, 18.11.1996, p. 125

**V**
**V**

**Original text** **Amended text**

**Article 1**

(based **on EP amendments 9 and 2)**

HAS ADOPTED THIS DECISION: HAVE ADOPTED THIS DECISION:

Article 1 Article 1

1. The Multiannual Community Action Plan on 1. The Multiannual Community Action Plan on
promoting safe use of the Internet ("The Action promoting safer use of the Internet ("The Action
Plan"), as described in Annex I to this decision, is Plan"), as described in Annex I to this decision, is
adopted. adopted.

2. The Action Plan shall cover a period of four 2. The Action Plan shall cover a period of four
years from 1 January 1998 to 31 December 2001. years from 1 January 1998 to 31 December 2001.

Article 2

(based on EP **amendment 10)**

Article 2

The Action Plan has the objective of encouraging an
environment favourable to the development of the
Internet industry by promoting safe use of the
Internet.

Article 2

The Action Plan has the objective of encouraging, at
European level, an environment favourable to the
development of the Internet industry by promoting
safer use of the Internet complementing other
measures financed by the Community budget in
response to the impact of new technologies on the
general public.

Article 3

**Original text** **Amended text**

**Article 3**

(based **on EP amendments** **11,12** and 13)

Article 3

In order to attain the objective referred to in Article
2, the following actions shall be undertaken under
the guidance of the Commission, in accordance with
the action lines set out in Annex I and the means for
implementing the Action Plan set out in Annex III:

»
promotion of industry self-regulation and
content-monitoring schemes (especially dealing
with content such as child pornography, racism
and aritisemitism)

© encouraging industry to provide filtering tools
and rating mechanisms, which allow parents or
teachers to select, content appropriate for
children in their care while allowing adults to
decide what legal content they wish to access,
and take account of linguistic and cultural
diversity;

- increasing awareness of services provided by
industry among users, in particular of parents,
teachers and children, so that they can better
understand and take advantage of the
opportunities of the Internet;

© support actions such as assessment of legal
implications;

© activities fostering international co-operation in
the areas enumerated above

© other actions furthering the objective set out in

Article 2.

In order to attain the objective referred to in Article
2, the following actions shall be undertaken under
the guidance of the Commission, in accordance with
the action lines set out in Annex I and the means for
implementing the Action Plan set out in Annex III:

- promotion of industry self-regulation and the
implementation of schemes to monitor and
combat illegal and harmful content on the
Internet which may jeopardise national security,
the protection of minors, protection of human
dignity, financial security, data protection and
protection of privacy, reputation, public health
and intellectual property (especially content
dealing with or encouraging child pornography,
inciting or inducing trafficking in people and
sexual abuse, homophobia, racism and antiSemitism);

© encouraging industry to provide filtering tools
and rating mechanisms, which allow parents or
teachers to select content appropriate for children
in their care while allowing adults to decide what
legal content they wish to access, and take
account of linguistic and cultural diversity;

- increasing awareness of services provided by
industry among users, in particular of parents,
teachers and children, so that they can better
understand and take advantage of the
opportunities of the Internet;

- support actions such as assessment of legal
implications;

- activities fostering international co-operation in
the areas enumerated above;

- supporting initiatives, including web-sites for
information and assistance, by organisations that
are active in the protection of human and
citizens' rights, and in counteracting violence and
the abuse of women and children;

© other actions furthering the objective set out in
Article 2.

Article 5

**Original text** **Amended text**

**Article 5**

**(based on EP amendment 14)**

Article 5

1. The Commission shall be assisted by a committee
of an advisory nature composed of the
representatives of the Member States and chaired by
the representative of the Commission.

2. The Commission representative shall submit to
the committee a draft of measures to be taken. The

committee shall deliver its opinion on the draft
within a time limit which the chairman may lay
down according to the urgency of the matter
concerned, if necessary by taking a vote.

3. The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right to
ask to have its position recorded in the minutes.

4. The Commission shall take the utmost account of

the opinion delivered by the committee. It shall
inform the committee of the manner in which its

opinion has been taken into account.

_**Ao**_

1. The Commission shall be assisted by a committee
of an advisory nature composed of the
representatives of the Member States and chaired by
the representative of the Commission.

2. The representative of the Commission shall
submit to the committee a draft of the measures to

be taken. The committee shall deliver its opinion on
the draft, within a time limit which the chairman may
lay down according to the urgency of the matter, if
necessary by taking a vote.

3. The opinion shall be recorded in the minutes; in
addition, each Member State shall have the right to
ask to have its position recorded in the minutes.

4. The Commission shall take the utmost account of

the opinion delivered by the committee. It shall
inform the committee of the manner in which its

opinion has been taken into account.

Article 6

**Original text** **Amended text**

**Article 6**

**(based on EP amendment 15)**

Article 6

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

2. During implementation of projects and after their
completion the Commission shall evaluate the
manner in which they have been carried out and the
impact of their implementation in order to assess
whether the original objectives have been achieved.

3. The selected beneficiaries shall submit an annual

report to the Commission.

4. At the end of two years and at the end of the
Action Plan, the Commission shall submit to the
European Parliament, the Council, the Economic
and Social Committee and the Committee of the
Regions, once the committee referred to in Article 5
has examined it, an evaluation report on the results
obtained in implementing the action lines referred to
in Article 2. The Commission may present, on the
basis of those results, proposals for adjusting the
orientation of the action plan.

##### **_M_**

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

2. During implementation of projects and after their
completion the Commission shall evaluate the
manner in which they have been carried out and the
impact of their implementation in order to assess
whether the original objectives have been achieved.

3. The selected beneficiaries shall submit an annual
report to the Commission.

4. At the end of two years and at the end of the
Action Plan, the Commission shall submit to the
European Parliament, the Council, the Economic
and Social Committee and the Committee of the
Regions, once the committee referred to in Article 5
has examined it, an evaluation report on the results
obtained in implementing the action lines referred to
in Annex I. Reference shall also be made to general
findings applicable to all categories of illegal
content. The Commission may present, on the basis
of those results, proposals for adjusting the
orientation of the Action Plan.

**Original text** **Amended text**

**Annex 1, title and introduction**

**(based on EP amendment 1)**

**ANNEX I : ACTION LINES - ACTION PLAN**

**ON PROMOTING SAFE USE OF THE**

**INTERNET**

**The action lines, in conjunction with the proposal**
**for a Council Recommendation on Protection of**

**Minors and Human Dignity, are a means of**
**implementing a European approach to safe use of**
**Internet, based on industry self-regulation,**
**filtering and rating and awareness. Strong support**
**has been expressed for this approach at the** **levei** **of**
**the European Parliament and of the Council and**
**Member States, as well as in the wider European**
**context of the Bonn declaration agreed to by**
**Ministers** **from** **29 European countries.**

**ANNEX I : ACTION LINES - ACTION PLAN**

**ON PROMOTING SAFER USE OF THE**

**INTERNET**

**The action lines, in conjunction with the proposal**
**for a Council Recommendation on Protection of**

**Minors and Human Dignity, are a means of**
**implementing a European approach to safer use of**
**Internet, based on industry self-regulation,**
**filtering and rating and awareness. Strong support**
**has been expressed for this approach at the level of**
**the European Parliament and of the Council and**
**Member States, as well as in the wider European**
**context of the Bonn declaration agreed to by**
**Ministers from 29 European countries.**

**,nd**
**Annex 1, introduction, 2 paragraph, fourth indent**

**(based on EP**

**The action lines have the following objectives:**

**• incite the actors (industry, users) to develop and**
**implement adequate systems of self regulation;**

**• pump prime developments by supporting**
**demonstrations and stimulating application of**
**technical solutions ;**

**• alert and inform parents and teachers, in**
**particular through their relevant associations;**

**• foster co-operation and exchange of experiences**
**and best practices;**

**• promote co-ordination across Europe and**
**between actors concerned;**

**• ensure compatibility between the approach taken**
**in Europe and elsewhere.**

**amendment 16)**

**The action lines have the following objectives:**

**• incite the actors (industry, users) to develop and**
**implement adequate systems of self regulation;**

**• pump prime developments by supporting**
**demonstrations and stimulating application of**
**technical solutions ;**

**• alert and inform parents and teachers, in**
**particular through their relevant associations;**

**• foster co-operation and exchange of experiences**
**and best practices at European and international**
**levels;**

**• promote co-ordination across Europe and**
**between actors concerned;**

**• ensure compatibility between the approach taken**
**in Europe and elsewhere.**

### **_M_**

**Original text** **Amended text**

**Annex 1 (1)**

**(based on EP amendment 1)**

**1.** **CREATING A SAFE ENVIRONMENT** **1.** **CREATING A SAFER ENVIRONMENT**

**Co-operation from ....** **Co-operation from ....**

**Annex 1 (2)**

**(based on EP amendment 1)**

**2.** **DEVELOPING** **FILTERING** **AND** **RATING** **SYSTEMS** **2.** **DEVELOPING** **FILTERING** **AND** **RATING** **SYSTEMS**

**To promote safe use of the Internet, it is ...** **To promote safer use of the Internet, it is ...**

**Annex 1 (2), second paragraph**

**(based on EP amendment 18)**

**The measures under this action line will focus on**

**demonstrating the potential and the limitations of**
**filtering and rating systems in a real world**
**environment, with the objective of encouraging**
**establishment of European systems and**
**familiarising users with their use. Filtering and**
**rating schemes must be internationally compatible**
**and interoperable and developed with full** **co-**
**operation of representatives of industry,**
**consumers and users.**

**yiv**

**The measures under this action line will focus on**

**demonstrating the potential and the limitations of**
**filtering and rating systems in a** **'real** **world'**
**environment, with the objective of encouraging**
**establishment of internationally compatible systems**
**and familiarising users with their use. Filtering and**
**rating schemes must be internationally compatible**
**and interoperable and developed with full** **co-**
**operation of representatives of industry, consumers**
**and users.**

**Original text** **Amended text**

**Annex 1 (2.1), first paragraph**

**(based on EP amendment 19)**

**2.1 Demonstrate benefits of filtering and rating** **2.1 Demonstrate benefits of filtering and rating**

Rating systems will be stimulated which are relevant Rating systems will be stimulated which are
to European requirements and which ensure that internationally compatible» relevant to European
filtering and rating is implemented in a way which requirements and which ensure that filtering and
provides workable options in practice for users, rating is implemented in a way which provides
parents and teachers. ... workable options in practice for users, parents and
teachers. ...

**Annex 1 (2.1), second paragraph**

**(based on EP amendment 20)**

Following a call for proposals, projects will be
selected to validate rating systems in relation to
European content, to encourage integration of
rating into the content creation process and to
demonstrate benefits of these technical solutions.

Emphasis will be placed on usefulness and
practicality in "real-world" situations involving a
large cross-section of typical users.

_**Ak**_

Following a call for proposals, projects will be
selected to validate rating systems in relation to
European content, to encourage integration of rating
into the content creation process and to demonstrate
the benefits of these technical solutions. Emphasis
will be placed on usefulness and practicality in 'realworld' situations involving a large cross-section of
typical users. This also includes tests as to the
security of filtering software against attempts to
bypass **or deactivate it.**

**Original text** **Amended text**

**Annex 1 (3), first paragraph**

**(based on EP amendment 1)**

3. ENCOURAGING AWARENESS ACTIONS

**The public is increasingly engaging in Internet**
**activity, reaping the benefits of the new** **services** **At**
**the same time there is a degree of uncertainty as to**
**how to deal with every aspect of network**
**communication; parents, teachers and children need**
**to be made aware of potential of Internet and its**
**drawbacks and do not always have sufficient**
**knowledge about means to protect children from**
**undesirable content. Awareness actions contribute**
**to trust and confidence of parents and teachers in**
**safe use of the Internet by children.**

3. ENCOURAGING AWARENESS ACTIONS

**The public is increasingly engaging in Internet**
**activity, reaping the benefits of the new services. At**
**the same time there is a degree of uncertainty as to**
**how to deal with every aspect of network**
**communication; parents, teachers and children need**
**to be made aware of potential of Internet and its**
**drawbacks and do not always have sufficient**
**knowledge about means to protect children from**
**undesirable content. Awareness actions contribute**
**to trust and confidence of parents and teachers in**
**safer use of the Internet by children.**

**Annex 1 (3), fifth paragraph**

**(based on EP amendment 21)**

**Electronic distribution of material should be**

**supplemented by more widespread traditional**
**packages for use in schools and libraries. The**
**awareness initiatives will take advantage of the**
**awareness actions carried out under other**
**programmes, in particular the MIDAS-NET**
**established under INFO 2000.**

###### **_4b_**

**The awareness initiatives will take advantage of**
**the awareness actions carried out under other**
**programmes, in particular the MIDAS-NET**
**established under INFO 2000.**

**Original text** **Amended text**

**Annex 1 (3.2), third paragraph**

**(based** on **EP amendment 22)**

Actions aimed at teachers will include seminars and

workshops and preparation and distribution of
specific printed and multimedia material to a large
cross-section of members of the profession. Special
netdays - a series of special events aimed at
increasing user awareness - will be organised in
**collaboration with the** _**Learning in**_ _**the Information**_
_Society_ _Action_ _Plan,_ which has wide support from
industry. Typical actions aimed at the general public
would include: creation of Web Sites, distribution of
information material in schools, through access
providers and through shops and other outlets
selling computers, distribution of CD-ROMs on
computer magazines. More specific information
would be given when targeting families already
owning a computer. Traditional media (press,
television) would also be used to stimulate
awareness through publicity campaigns and
information packs for journalists. Using the platform
of the European Network of Schools, which is
being set up with the support of the education
ministries of Member States, special web-pages will
**be created and maintained.**

#### **/£**

Actions aimed at teachers will include preparation
and distribution of specific information and
multimedia material to a large cross-section of
members of the profession. Special netdays - a series
of special events aimed at increasing user awareness

- will be organised in collaboration with the
_**Learning in the Information Society Action**_ _**Plan,**_
which has wide support from industry. Typical
actions aimed at the general public would include:
distribution of information material in schools,
through shops and other outlets selling computers,
distribution of CD-ROMs on computer magazines.
Traditional media (press, television) would also be
used to stimulate awareness through information
packs for journalists. Using the platform of the
European data network of schools, which is being
set up with the support of the education ministries of
Member States, special web-pages will be created
and maintained.

**Original text** **Amended text**

**Annex** **1** **(4.1), second paragraph added**

**(based on EP amendment 23)**

**4. SUPPORT ACTIONS**

**4.1 Assess legal implications**

**The Internet operates on a global basis. The law**
**operates on** **a** **territorial basis - national or in the**
**case of Community law, covering the European**
**Union. It will contribute to the effectiveness of the**
**other action lines to consider legal questions not**
**dealt with by other Community initiatives, in**
**particular including questions of** **applicable** **law and**
**procedure.**

**A call for tenders will be organised for an**
**assessment of legal questions raised by the content**
**or the use of Internet**

## **_é_**

**4. SUPPORT ACTIONS**

**4.1 Assess legal implications**

**The Internet operates on a global basis. The law**
**operates on a territorial basis - national or in the**
**case of Community law, covering the European**
**Union. It will contribute to the effectiveness of the**
**other action lines to consider legal questions not**
**dealt with by other Community initiatives, in**
**particular including questions of** **applicable** **law and**
**procedure.**

**This assessment should also focus on:**

**• which legal instruments are required to be** **able** **to**
**classify each provider of content in the Internet**
**(author and provider) and each sender of an e-**
**mail** **as a natural or a legal person;**

**• which substantive provisions of** **criminal** **law in**
**the Member States and in the** **framework** **of**

**international agreements ought to be**
**approximated in qualitative terms (e.g. child**
**protection age, definition of content which is**
**subject to prosecution, liability to prosecution in**
**respect of links to offerings whose content is**
**subject to prosecution);**

**• how quickly formal requests** **for** **judicial**
**assistance need to be processed, given the nature**
**of the Internet, for effective international law**
**enforcement;**

**• the extent to which changes are needed to police**
**law in Member States in order to allow**

**preventive action in relation to Internet content**
**which is subject to prosecution.**
**Police officers' experience should also be included in**
**this assessment.**

**A call for tenders will be organised for an**
**assessment of legal questions raised by the content**
**or the use of Internet**

**Original text** **Amended text**

**Annex II**

**(based on EP amendment 1)**

**ANNEX** **H :** **INDICATIVE BREAKDOWN OF** **ANNEX** _**U**_ **: INDICATIVE BREAKDOWN OF**

**EXPENDITURE** **EXPENDITURE**

1. Creating a safe environment 14-18% 1. Creating a safer environment 14-18%

2. Developing filtering and rating systems 37-43 % 2. Developing filtering and rating systems 37-43 %

3. Encouraging awareness actions 35-41 % 3. Encouraging awareness actions 35-41 %

4. Support actions 5-7 % 4. Support actions 5-7 %

Total: 100 Total: 100

_**At**_

**ISSN 0254-1475**

COM(98) 518 final

# **DOCUMENTS**

EN 15 16 10 01

Catalogue number : CB-CO-98-527-EN-C

ISBN 92-78-34720-5

Office for Official Publications of the European Communities

L-2985 Luxembourg

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