CELEX: 51998PC0518
Language: en
Date: 1998-09-10
Title: Amended proposal for a European Parliament and Council Decision adopting a Multiannual Community Action Plan on promoting safer use of the Internet

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)
 ---pagebreak---  ---pagebreak---                             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 26th November 1997, and it was formally
transmitted to the European Parliament and the Council on 26th January 1998.
The Economic and Social Committee gave a favourable Opinion on the 29th April 1998.
The Committee of the Regions gave a favourable Opinion on the 14th May 1998.
The European Parliament adopted a favourable Resolution at its First Reading on the 2nd
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
afinancialplan 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.
 ---pagebreak--- 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.
 ---pagebreak--- 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.
 ---pagebreak---               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,                    THE EUROPEAN PARLIAMENT AND THE
                                                      COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the          Having regard to the Treaty establishing the
European Community, and in particular Article         European Community, and in particular Article
 130(3) thereof,                                       129a(2) thereof,
Having regard to the proposal from the                Having regard to the proposal from the
Commission,                                           Commission,
Having regard to the Opinion of the European          Having regard to the Opinion of the Economic and
Parliament,                                           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"
 ---pagebreak---                        Original text                                               Amended text
                                                       Recital 2
                                            (based on EP amendment 3)
(2) Whereas however, the amount of harmful and               (2) Whereas however, the amount of harmful and
illegal content carried over the Internet, while             illegal content carried over the Internet, while
limited, can seriously hamper the development of             limited, can damage the mental health, safety and
the emerging Internet industry and thus, adversely           economic interests of consumers and thus, adversely
affect the set-up of the necessary favourable                affect the set-up of the necessary favourable
environment for initiatives and undertakings to              environment for promoting and respecting ethical
flourish;                                                    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     (3) Whereas it is essential, in order to ensure the full
 potential of the Internet industry, that a safe              potential of the Internet industry, that a safer
  environment for its use be created by combating             environment for its use be created by combating
  illegal use of the technical possibilities of the           illegal use of the technical possibilities of the
  Internet in particular for offences against children;       Internet in particular, for offences against children
                                                              and trafficking in human beings;
                                                          é
 ---pagebreak---                      Original text                                             Amended text
                                                     Recital 4
                                           (based on EP amendment 1)
(4) Whereas promotion of industry self-regulation         (4) Whereas promotion of industry self-regulation
and content-monitoring schemes, development of            and content-monitoring schemes, development of
filtering tools and rating mechanisms provided by         filtering tools and rating mechanisms provided by
the industry and increased awareness of industry          the industry and increased awareness of industry
services as well as fostered international co-            services as well as fostered international co-
operation between all parties concerned will play a       operation between all parties concerned will play a
crucial role in consolidating that safe environment       crucial role in consolidating that safer environment
and will contribute to remove obstacles to the            and will contribute to remove obstacles to the
development and competitiveness of the concerned          development and competitiveness of the concerned
industry;                                                 industry;
                                                    Recital 16
                                          (based on EP amendment 6)
(16) Whereas co-operation from the industry and a         (16) Whereas co-operation from the industry in
full functioning system of self-regulation are            setting up voluntary and full functioning systems of
essential to limiting the flow of illegal content on the  self-regulation and the existence of effective mutual
Internet;                                                 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 thefinancialyear 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
 ---pagebreak---                     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                                                Article 2
The Action Plan has the objective of encouraging an      The Action Plan has the objective of encouraging, at
environment favourable to the development of the         European level, an environment favourable to the
 Internet industry by promoting safe use of the           development of the Internet industry by promoting
 Internet.                                                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.
 ---pagebreak---                       Original text                                            Amended text
                                                    Article 3
                                   (based on EP amendments 11,12 and 13)
Article 3                                                Article 3
In order to attain the objective referred to in Article  In order to attain the objective referred to in Article
2, the following actions shall be undertaken under       2, the following actions shall be undertaken under
the guidance of the Commission, in accordance with       the guidance of the Commission, in accordance with
the action lines set out in Annex I and the means for    the action lines set out in Annex I and the means for
implementing the Action Plan set out in Annex III:       implementing the Action Plan set out in Annex III:
» promotion of industry self-regulation and              • promotion of industry self-regulation and the
    content-monitoring schemes (especially dealing           implementation of schemes to monitor and
    with content such as child pornography, racism           combat illegal and harmful content on the
    and aritisemitism)                                       Internet which may jeopardise national security,
                                                             the protection of minors, protection of human
© encouraging industry to provide filtering tools
                                                             dignity, financial security, data protection and
    and rating mechanisms, which allow parents or
                                                             protection of privacy, reputation, public health
    teachers to select, content appropriate for              and intellectual property (especially content
    children in their care while allowing adults to          dealing with or encouraging child pornography,
    decide what legal content they wish to access,           inciting or inducing trafficking in people and
    and take account of linguistic and cultural              sexual abuse, homophobia, racism and anti-
    diversity;                                               Semitism);
• increasing awareness of services provided by
                                                         © encouraging industry to provide filtering tools
    industry among users, in particular of parents,
                                                             and rating mechanisms, which allow parents or
    teachers and children, so that they can better
    understand and take advantage of the                     teachers to select content appropriate for children
    opportunities of the Internet;                           in their care while allowing adults to decide what
                                                             legal content they wish to access, and take
© support actions such as assessment of legal                account of linguistic and cultural diversity;
    implications;
                                                         • increasing awareness of services provided by
© activities fostering international co-operation in         industry among users, in particular of parents,
    the areas enumerated above                               teachers and children, so that they can better
                                                             understand and take advantage of the
© other actions furthering the objective set out in
                                                             opportunities of the Internet;
    Article 2.
                                                         • 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.
 ---pagebreak---                     Original text                                           Amended text
                                                  Article 5
                                       (based on EP amendment 14)
Article 5                                              Article 5
1. The Commission shall be assisted by a committee 1. The Commission shall be assisted by a committee
of an advisory nature composed of the                   of an advisory nature composed of the
representatives of the Member States and chaired by representatives of the Member States and chaired by
the representative of the Commission.                   the representative of the Commission.
2. The Commission representative shall submit to        2. The representative of the Commission shall
the committee a draft of measures to be taken. The      submit to the committee a draft of the measures to
                                                        be taken. The committee shall deliver its opinion on
committee shall deliver its opinion on the draft
                                                        the draft, within a time limit which the chairman may
within a time limit which the chairman may lay
                                                        lay down according to the urgency of the matter, if
down according to the urgency of the matter
                                                        necessary by taking a vote.
concerned, if necessary by taking a vote.
                                                        3. The opinion shall be recorded in the minutes; in
3. The opinion shall be recorded in the minutes; in     addition, each Member State shall have the right to
addition, each Member State shall have the right to     ask to have its position recorded in the minutes.
ask to have its position recorded in the minutes.
                                                        4. The Commission shall take the utmost account of
4. The Commission shall take the utmost account of      the opinion delivered by the committee. It shall
 the opinion delivered by the committee. It shall        inform the committee of the manner in which its
 inform the committee of the manner in which its         opinion has been taken into account.
 opinion has been taken into account.
                                               Ao
 ---pagebreak---                      Original text                                           Amended text
                                                    Article 6
                                        (based on EP amendment 15)
Article 6                                                Article 6
 1. In order to ensure that Community aid is used         1. In order to ensure that Community aid is used
efficiently, the Commission shall ensure that actions    efficiently, the Commission shall ensure that actions
under this Decision are subject to effective prior       under this Decision are subject to effective prior
appraisal, monitoring and subsequent evaluation          appraisal, monitoring and subsequent evaluation.
2. During implementation of projects and after their     2. During implementation of projects and after their
completion the Commission shall evaluate the             completion the Commission shall evaluate the
manner in which they have been carried out and the       manner in which they have been carried out and the
impact of their implementation in order to assess        impact of their implementation in order to assess
whether the original objectives have been achieved.      whether the original objectives have been achieved.
3. The selected beneficiaries shall submit an annual     3. The selected beneficiaries shall submit an annual
report to the Commission.                                report to the Commission.
4. At the end of two years and at the end of the         4. At the end of two years and at the end of the
Action Plan, the Commission shall submit to the          Action Plan, the Commission shall submit to the
European Parliament, the Council, the Economic           European Parliament, the Council, the Economic
and Social Committee and the Committee of the            and Social Committee and the Committee of the
Regions, once the committee referred to in Article 5     Regions, once the committee referred to in Article 5
has examined it, an evaluation report on the results     has examined it, an evaluation report on the results
obtained in implementing the action lines referred to    obtained in implementing the action lines referred to
in Article 2. The Commission may present, on the         in Annex I. Reference shall also be made to general
basis of those results, proposals for adjusting the      findings applicable to all categories of illegal
orientation of the action plan.                          content. The Commission may present, on the basis
                                                         of those results, proposals for adjusting the
                                                         orientation of the Action Plan.
                                                 M
 ---pagebreak---                      Original text                                            Amended text
                                       Annex 1, title and introduction
                                         (based on EP amendment 1)
ANNEX I : ACTION LINES - ACTION PLAN                      ANNEX I : ACTION LINES - ACTION PLAN
ON PROMOTING SAFE USE OF THE                              ON PROMOTING SAFER USE OF THE
INTERNET                                                  INTERNET
The action lines, in conjunction with the proposal        The action lines, in conjunction with the proposal
for a Council Recommendation on Protection of             for a Council Recommendation on Protection of
Minors and Human Dignity, are a means of                  Minors and Human Dignity, are a means of
implementing a European approach to safe use of           implementing a European approach to safer use of
Internet, based on industry self-regulation,              Internet, based on industry self-regulation,
filtering and rating and awareness. Strong support        filtering and rating and awareness. Strong support
has been expressed for this approach at the levei of      has been expressed for this approach at the level of
the European Parliament and of the Council and            the European Parliament and of the Council and
Member States, as well as in the wider European           Member States, as well as in the wider European
context of the Bonn declaration agreed to by              context of the Bonn declaration agreed to by
Ministersfrom29 European countries.                       Ministers from 29 European countries.
                                                      ,nd
                            Annex 1, introduction, 2 paragraph, fourth indent
                                        (based on EP amendment 16)
The action lines have the following objectives:           The action lines have the following objectives:
• incite the actors (industry, users) to develop and      • incite the actors (industry, users) to develop and
    implement adequate systems of self regulation;            implement adequate systems of self regulation;
• pump prime developments by supporting                   • pump prime developments by supporting
    demonstrations and stimulating application of             demonstrations and stimulating application of
    technical solutions ;                                     technical solutions ;
• alert and inform parents and teachers, in               • alert and inform parents and teachers, in
    particular through their relevant associations;           particular through their relevant associations;
• foster co-operation and exchange of experiences         • foster co-operation and exchange of experiences
    and best practices;                                       and best practices at European and international
                                                              levels;
• promote co-ordination across Europe and
    between actors concerned;                             • promote co-ordination across Europe and
                                                              between actors concerned;
• ensure compatibility between the approach taken
    in Europe and elsewhere.                              • ensure compatibility between the approach taken
                                                              in Europe and elsewhere.
                                                  M
 ---pagebreak---                     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      The measures under this action line will focus on
demonstrating the potential and the limitations of     demonstrating the potential and the limitations of
filtering and rating systems in a real world           filtering and rating systems in a 'real world'
environment, with the objective of encouraging         environment, with the objective of encouraging
establishment of European systems and                  establishment of internationally compatible systems
familiarising users with their use. Filtering and      and familiarising users with their use. Filtering and
rating schemes must be internationally compatible      rating schemes must be internationally compatible
and interoperable and developed with full co-          and interoperable and developed with full co-
operation of representatives of industry,              operation of representatives of industry, consumers
consumers and users.                                   and users.
                                                yiv
 ---pagebreak---                      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         Following a call for proposals, projects will be
selected to validate rating systems in relation to       selected to validate rating systems in relation to
European content, to encourage integration of            European content, to encourage integration of rating
rating into the content creation process and to          into the content creation process and to demonstrate
demonstrate benefits of these technical solutions.       the benefits of these technical solutions. Emphasis
Emphasis will be placed on usefulness and                will be placed on usefulness and practicality in 'real-
practicality in "real-world" situations involving a      world' situations involving a large cross-section of
large cross-section of typical users.                    typical users. This also includes tests as to the
                                                         security of filtering software against attempts to
                                                         bypass or deactivate it.
                                                 Ak
 ---pagebreak---                     Original text                                            Amended text
                                        Annex 1 (3), first paragraph
                                        (based on EP amendment 1)
3. ENCOURAGING AWARENESS ACTIONS                         3. ENCOURAGING AWARENESS ACTIONS
The public is increasingly engaging in Internet          The public is increasingly engaging in Internet
activity, reaping the benefits of the new services At    activity, reaping the benefits of the new services. At
the same time there is a degree of uncertainty as to     the same time there is a degree of uncertainty as to
how to deal with every aspect of network                 how to deal with every aspect of network
communication; parents, teachers and children need       communication; parents, teachers and children need
to be made aware of potential of Internet and its        to be made aware of potential of Internet and its
drawbacks and do not always have sufficient              drawbacks and do not always have sufficient
knowledge about means to protect children from           knowledge about means to protect children from
undesirable content. Awareness actions contribute        undesirable content. Awareness actions contribute
to trust and confidence of parents and teachers in       to trust and confidence of parents and teachers in
safe use of the Internet by children.                    safer use of the Internet by children.
                                         Annex 1 (3), fifth paragraph
                                        (based on EP amendment 21)
Electronic distribution of material should be            The awareness initiatives will take advantage of
supplemented by more widespread traditional               the awareness actions carried out under other
packages for use in schools and libraries. The           programmes, in particular the MIDAS-NET
awareness initiatives will take advantage of the         established under INFO 2000.
awareness actions carried out under other
programmes, in particular the MIDAS-NET
established under INFO 2000.
                                               4b
 ---pagebreak---                      Original text                                          Amended text
                                       Annex 1 (3.2), third paragraph
                                        (based on EP amendment 22)
Actions aimed at teachers will include seminars and     Actions aimed at teachers will include preparation
workshops and preparation and distribution of           and distribution of specific information and
specific printed and multimedia material to a large     multimedia material to a large cross-section of
cross-section of members of the profession. Special     members of the profession. Special netdays - a series
netdays - a series of special events aimed at           of special events aimed at increasing user awareness
increasing user awareness - will be organised in        - will be organised in collaboration with the
collaboration with the Learning in the Information      Learning in the Information Society Action Plan,
Society Action Plan, which has wide support from        which has wide support from industry. Typical
industry. Typical actions aimed at the general public   actions aimed at the general public would include:
would include: creation of Web Sites, distribution of   distribution of information material in schools,
information material in schools, through access         through shops and other outlets selling computers,
providers and through shops and other outlets           distribution of CD-ROMs on computer magazines.
selling computers, distribution of CD-ROMs on           Traditional media (press, television) would also be
computer magazines. More specific information           used to stimulate awareness through information
would be given when targeting families already          packs for journalists. Using the platform of the
owning a computer. Traditional media (press,            European data network of schools, which is being
television) would also be used to stimulate             set up with the support of the education ministries of
awareness through publicity campaigns and               Member States, special web-pages will be created
information packs for journalists. Using the platform   and maintained.
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.
                                               /£
 ---pagebreak---                     Original text                                           Amended text
                                   Annex 1 (4.1), second paragraph added
                                        (based on EP amendment 23)
4. SUPPORT ACTIONS                                      4. SUPPORT ACTIONS
4.1 Assess legal implications                           4.1 Assess legal implications
The Internet operates on a global basis. The law        The Internet operates on a global basis. The law
operates on a territorial basis - national or in the    operates on a territorial basis - national or in the
case of Community law, covering the European            case of Community law, covering the European
Union. It will contribute to the effectiveness of the   Union. It will contribute to the effectiveness of the
other action lines to consider legal questions not      other action lines to consider legal questions not
dealt with by other Community initiatives, in           dealt with by other Community initiatives, in
particular including questions of applicable law and    particular including questions of applicable law and
procedure.                                              procedure.
A call for tenders will be organised for an             This assessment should also focus on:
assessment of legal questions raised by the content      • which legal instruments are required to be able to
or the use of Internet                                      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 theframeworkof
                                                            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
                                                 é
 ---pagebreak---                    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. Developingfilteringand rating systems 37-43 % 2. Developingfilteringand 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
 ---pagebreak---                                                                   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
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                                             ï • \