CELEX: 52013PC0329
Language: en
Date: 2013-05-28
Title: Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European telecommunications networks and repealing Decision No 1336/97/EC

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		52013PC0329
		
			Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European telecommunications networks and repealing Decision No 1336/97/EC /* COM/2013/0329 final - 2011/0299 (COD) */
			
				
		
		
			
			   	EXPLANATORY
MEMORANDUM
1.           CONTEXT
OF THE PROPOSAL
General context
This initiative is
anchored in the Europe 2020 Strategy for smart,
sustainable and inclusive growth[1], which put digital infrastructures at the forefront as
part of the flagship initiative "Digital Agenda for Europe"[2]. It underlined The Digital Agenda seeks, among other things, to deploy
cross-border public online services, in order to facilitate the mobility of
businesses and citizens. In particular, interoperability of public services is required
where single market legislation and initiatives (such as the Services Directive
or the eProcurement Action Plan) rely on the possibility for businesses to
interact and do business with public administrations by electronic means and
across borders. The Digital Agenda further underlines the need to ensure the roll-out and take-up of broadband
for all, at increasing speeds, through both fixed
and wireless technologies, and to facilitate
investment in the new very fast open and competitive internet networks that will be are the arteries of a future modern economy. The EU has set
itself ambitious targets in terms of broadband roll-out and take up by 2020.
On 29 June 2011, the Commission adopted the
Communication "A Budget for Europe 2020" on the next multi-annual
financial framework (MFF) (2014-2020)[3], which proposes the creation of
a Connecting Europe Facility (CEF) to promote the
completion of priority energy, transport and digital infrastructures with a
single fund of EUR 40 billion, out of which the Commission
proposed that EUR 9.2 billion are be dedicated to digital networks and services.
On 8 February 2013, the
European Council adopted conclusions on a new MFF setting the budget for
"CEF Digital" at EUR 1 billion. On this basis, the Commission now proposes
to modify its proposal for a Regulation on guidelines for trans-European
telecommunications networks. At the time of writing, the negotiations between
the Council and the European Parliament on the next Multiannual Financial
Framework have not yet been concluded. Likewise, negotiations on the proposal
for a Regulation establishing the CEF are on-going.
The modified proposal
takes, to the extent possible, account of the latest positions in the Council
and in the relevant European Parliament committee. It aims to focus the CEF
intervention on a smaller number of digital service infrastructures, based on a
stringent set of criteria for prioritisation, and a limited contribution to
broadband via financial instruments, with a view to leverage private investment
as well as investment from public sources other than CEF. Despite its limited
financial contribution regarding broadband, the proposal sets a framework
enabling wider contributions from business and institutional players such as
the European Investment Bank.
Purpose of the proposal
The purpose of this Regulation is to
establish a series of guidelines covering the objectives and priorities
envisaged for broadband networks and digital service infrastructures in the
field of telecommunications in the context of the Connecting
Europe Facility CEF. 
The guidelines identify in annex projects
of common interest for the deployment of broadband networks
and digital service infrastructures and broadband
networks. These projects shall contribute to improving the competitiveness
of the European economy including small and medium sized enterprises (SMEs),
promote the interconnection and interoperability of national,
regional and local networks as well as access to such networks and
support the development of a Digital Single Market. They
shall be eligible for EU financial support under the instruments available
under the Regulation on Connecting Europe Facility which accompanies this
Regulation.
This Regulation aims at
removing The approach in
this Regulation, is to aim for the removal of bottlenecks which hinder
the completion of the Digital Single Market
i.e. providing connectivity to the network and access, including across
borders, to an infrastructure of public digital services. The blockages in
operational terms for the telecom networks, in contrast to
e.g. financing a ring-road around a capital city which is essential for
fluidity in a transport corridor, concern both supply-side and demand side aspects. For the supply side,
the limitations relate to a strong
degree of sub-optimal market failures situation and the
concomitant weak business cases for investment in broadband networks and
delivery of essential public interest services (e.g. eHealth, eIdentity,
eProcurement and their cross-border interoperability).
On the demand side, the Digital Single Market with its considerable growth
potential relies on all citizens, businesses and
administrations being connected to digital
networks. 
The Connecting Europe
Facility aims at using innovative financial instruments to incentivise
infrastructure investment by reducing investment risk and providing longer-term
financing for both alternative and incumbent investors. Innovative financial
instruments provide an important leverage effect on private and other public
investment while still relying on market mechanisms. Where the business case
for infrastructure investment is particularly weak the Connecting Europe
Facility also foresees the possibility to offer co-financing via grants.
In the field of
broadband networks, actions contributing to projects of common interest in the
area of broadband shall support investments in networks capable of achieving,
by 2020, the Digital Agenda for Europe targets of universal coverage at 30Mbps;
or having at least 50% of households subscribing to speeds above 100Mbps. A
balanced portfolio of 30 and 100 Mbps projects will be created and due account
should also be taken of Member States' investment needs which are indicatively
assessed to be up to 270 billion €. 
For the digital service infrastructure infrastructures,
the bottlenecks in terms of service deployment within interoperable frameworks
are addressed through procurement and direct grant
schemes, in certain cases mostly
with high co-funding rates full
funding of platforms at EU level, as there are no natural owners of a
European interoperable service infrastructure. Indeed, neither single Member
States, nor private investors would ensure service
deployment within interoperable frameworks of cross-border services. The EU added value is thus high.
Projects of common
interest in the field of digital service infrastructures give priority firstly to building blocks as listed in the Annex include trans-European high-speed backbone
connections for public administrations, cross–border delivery of eGovernment
services based on interoperable identification and authentication (e.g.
Europe-wide electronic procedures: to set up a business; for cross-border
procurement, e-Justice, cross-border eHealth services); enabling access to
public sector information, including digital resources of European heritage,
data.eu and multilingual resources; safety and security (safer internet and
critical service infrastructures) and smart energy services. Projects of common
interest may also include the operation of electronic public services
implemented under other Community programs such as the ISA program
(“Interoperability solutions for European public administrations”). On a yearly basis, according to the funding
available, specific Digital Service Infrastructures in the annex will be
identified in view to be deployed.
For broadband networks,
the amount of resources available under this Regulation will be small. While
the rationale for public financial support in areas where private investment is
insufficient remains valid, public support will need to come primarily from
other sources than CEF, in particular from national sources and from the
European Structural and Investment Funds, where Information and Communication
Technologies are likely to be included among the thematic objectives covered by
the thematic priority concentration requirements.
However, given the key
importance of broadband networks for growth and jobs, and in view of the
challenges – both financial and technical – connected to public investment in
the sector, this Regulation foresees a limited, enabling intervention. CEF will
finance a small contribution to the setting up of financial instruments at
European Union (hereafter referred to as 'Union') level, in particular in
cooperation with the European Investment Bank, with the potential to facilitate
the efficient use of other public as well as private resources. Hence, CEF will
only be able to finance a limited number of broadband projects by itself, but
in addition it will facilitate the efficient allocation of, for example,
European Structural and Investment Funds (ESIF), by enabling Managing
Authorities to make a contribution from the operational programmes. Such
contributions will be ring-fenced for use in the Member State or region
concerned and could facilitate critical mass and economies of scale in project
delivery. In setting a framework enabling wider contributions from business and
institutional players, the proposal seeks to multiply the level of contribution
to broadband projects of common interest well beyond the funding enabled
through the Regulation. 
Actions contributing to projects of common interest shall be eligible for EU financial support under the instruments
available under the Regulation establishing the CEF Connecting Europe Facility[4].
The present proposal is therefore to be seen in
conjunction with the proposal for that Regulation. The
Regulation also stipulates the criteria for the identification of new projects
of common interest, on the basis of the Commission's assessment of changing
political priorities, technological developments or the situation in the
relevant markets.
2.           RESULTS
OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
As regards broadband
rollout, numerous consultations with Member States, industry and social
stakeholders have been carried out. Notably, these included a roundtable of
Vice-President Kroes with CEOs from content providers, equipment makers,
investors and telecoms operators from the world's leading companies such as
Nokia, Alcatel Lucent, Google, Ericsson, News Corp etc, and the first Digital
Agenda Assembly, which took place in Brussels on 16th and 17th June 2011,
bringing together more than 1,000 stakeholders from the private and the public
sectors, as well as civil society. On these and numerous other occasions,
stakeholders widely shared the Commission's assessment that the existing
telecom investment model is insufficient to bring about the rollout of
affordable, high-quality broadband infrastructures for all European citizens,
and they welcome the Commission's plans to use targeted public investment, e.g.
through the use of innovative financial instruments, to leverage the necessary
infrastructure investment to support alternative and more sustainable models of
investment.
The European Parliament
in a draft report on the future Multi-annual Financial Framework (MFF)
recognised the importance of using the budget to leverage investment in
broadband. 
As far as cross-border
digital service infrastructures are concerned, the Commission has been working
with various stakeholder groups for many years. Evaluations and expert advise
on existing activities, such as Europeana (for cultural heritage) or the Safer
Internet programme generally call for activities to be continued and expanded.
In light of the
indicative budget cut from 9.2bn to 1bn EUR, there is a clear need to limit the
scope of the programme. For digital service infrastructures, this could have be
achieved either by reducing the number of services proposed originally, or by
introducing a more stringent set of funding criteria. The present Commission
proposal in fact does both: Two services have been not been a retained in the
annex of this proposal ("Trans-European high-speed backbone connections
for public administrations", "Information and communication
technology solutions for intelligent energy networks and for the provision of
Smart Energy Services") for budgetary reasons, while one general service
infrastructure has been added (see below).
In the legislative
deliberations so far, the Council Working Group on Telecommunications suggested
adding additional digital service infrastructures on "Electronic
procedures for moving from one European country to another",
"European platform for the interconnection of employment and social
security services", and "Online administrative cooperation
platforms". For budgetary reasons, not all are retained in the annex of
the present proposal.
The European Parliament's
Industry, Research and Energy Committee added additional digital service
infrastructures on "Deployment of infrastructures in public transports
allowing the use of secure and interoperable mobile proximity services",
"Online Dispute Resolution Platform", "European Platform for
Access to Educational Resources", and "Cross border interoperable
electronic invoicing services". Some of them are retained in the annex of
the present proposal.
In the area of broadband,
the programme could either not foresee any intervention, or provide for a
limited intervention seeking to leverage private and other public funds. As
there will be EU funds available for broadband under the ESIF, in particular as
a fourth priority concentration theme under the European Regional Development
Fund, and as the use of structural funds for broadband has been a challenge,
the present proposal foresees the setting up of financial instruments with a
view to providing an efficient way to allocate, inter alia, structural funds.
Both Council and
Parliament shared the view that the intervention should not displace private
investment. Both institutions further agreed that it should be based on the
principle of technological neutrality – however, the EP introduced very
ambitious target transmission speeds ("1Gbps where possible and above
"), while some Member States sought to relax the Commission's original
proposal linking CEF intervention to the second Digital Agenda for Europe
target of 30 Mbps. By insisting that EU funds be prioritised to state-of-the
art technologies, while giving Member States flexibility in the choice of
projects in their countries that would benefit from access to long term funds,
the present proposal reaffirms the link to the Digital Agenda targets, while
retaining the spirit of preferences expressed by both institutions. There were
further discussions on the preferred method of intervention, i.e. grants or
financial instruments (loans, guarantees, project bonds, equity). In view of
the limited resources, the present proposal only provides for the setting up of
financial instruments, as sources of efficiently priced long term funds,
aligned to the infrastructure needs.
On horizontal points, the
original Commission proposal foresaw Delegated Act powers to amend the list of
Projects of Common Interest in the Annex. The present proposal takes account of
the concerns expressed in particular by Member States, and instead foresees
sufficiently flexible wording in the Annex, and recognises that the necessary
programme adjustments will be made by Implementing Act.
During the legislative
and budget negotiations, the CEF was endorsed by numerous stakeholder
organisations, such as Digital Europe, the Europeana Foundation, the Public
Sector Information Alliance, Multilingual Europe Technology Alliance, the
European Telecommunications Network Operators' Association, and the European
Competitive Telecommunications Association, and the FTTH Council.
The original Impact Assessment report, carried out in 2011, discussed discusses two options. The first, baseline option foresees foresaw no EU funding to be allocated to broadband
other than, potentially, through the structural funds ESIF and the continuation of the Competitiveness and Innovation
Programme for digital service infrastructures in the scale of pilots only. In
this scenario no critical mass or deployment of digital services would be
achieved, investment in broadband would continue to be insufficient and inefficiently funded in many regions due to lack of competitive
pressure and high commercial risk. Equally, public online services can be
expected to remain under-developed and not inter-operable across borders due to
fragmentation or of sub-optimal efforts and technical solutions,
lack of critical mass, high costs for service providers and beneficiaries of
services. Hence, this option would not contribute to attaining the Digital
Single Market, and many Europeans would continue to miss out on digital
opportunities.
The second option
proposes a financing tool tools which would complement and leverage the
financing resources currently available under the first option. This is the line of action included in the MFF
proposal released by the European Commission on 29 June 2011, creating a
"Connecting Europe Facility" to finance infrastructure. The new facility will finance infrastructure
projects with high EU added value, not only 'hard' infrastructure, but also
'soft and smart' infrastructure and governance structures to realise the
transport "core network", the energy "priority corridors"
as well as digital infrastructure. The facility would target projects with high
European value added, such as cross-border interconnections or the deployment
of EU-wide systems, which must be implemented by 2020. In order to maximise
impact, appropriate provisions would ensure the combination of market - based
instruments and EU direct support,
in order to encourage the participation of specialised infrastructure
investors. In the case of grants, the Commission would remain responsible for
the overall planning and project selection, with the possible support of an
executive agency, while project promoters would ensure physical implementation
on the ground. In the case of financial instruments, implementation will be
delegated to specialised financial institutions, but the Commission will
determine the eligibility. Member States will contribute to the effort by
developing national plans for high speed internet in line with the broadband
targets, while mapping of broadband infrastructure and services (at EU and
national/regional level) will identify gaps in coverage and stimulate initiatives
from a multiplicity of private and public investors. The
new proposal does not fundamentally change the spirit or the methods of
intervention analysed in the second option, but through more stringent
eligibility criteria it reduces its scope.
A large number of
cross-border digital services, implementing exchanges between European public
administrations in support of EU policies, are a reality. When providing new
solutions, it is important to capitalise on existing solutions implemented in
the context of other European initiatives, avoid duplication of work, and
ensure coordination and alignment of approaches and solutions across
initiatives and policies, such as for instance the ISA programme, the Fiscalis
programme and Horizon 2020.
3.           LEGAL
ELEMENTS OF THE PROPOSAL
Legal basis
The proposed Regulation
will repeal and replace Decision 1336/97 of the European Parliament and of the
Council of 17 June 1997 on a series of Guidelines for trans-European
telecommunications networks.
The proposed
intervention will be pursuant to Article 172 TFEU, which provides a legal base
for the EU intervention supporting the establishment and development of
trans-European networks in the areas of transport, telecommunications and
energy infrastructures. 
Subsidiarity and proportionality
The coordinated development of a trans-European
telecommunications networks to support the deployment of broadband
infrastructures and promotion of services within the single European market and
the economic, social and territorial cohesion requires action to be taken at
Union level as the actions could not be taken individually by Member States. 
The proposal complies with the proportionality principle,
and stays within the scope of action in the field of the trans-European
telecommunications networks, as defined in Article 170 of the Treaty on the
Functioning of the European Union.
Choice of legal instrument
The current Telecommunications Guidelines have been
proposed and adopted as a Decision of the European Parliament and of the
Council which is specifically addressed to the Member States, rendering the
Guidelines binding in their entirety for all the Member States.
However, the instrument will facilitate in particular the
deployment of telecommunications infrastructure and promotion of services by
private entities (including operators, utilities, equipment manufacturers etc)
and regional and local authorities. With more actors besides the Member States
becoming involved in the planning, development and operation of digital telecommunication telecommunications networks, it is important to ensure that the
Guidelines be binding for all. The Commission has therefore chosen a Regulation
as the legal instrument for this proposal.
Funding
Projects of common interest shall be eligible for EU
financial support under the instruments available under the Regulation
establishing the CEF Connecting
Europe Facility [XXX/20012].
Financial support shall be provided in accordance with the relevant rules and
procedures adopted by the Union, funding priorities and the availability of
resources.
Delegation of powers
Telecommunication networks are evolving quickly and the list of
projects of common interest might have to be modified in future to reflect this
fast evolution. To accomplish this, it is proposed that power to adopt acts in
accordance with Article 290 of the Treaty on the Functioning of the European
Union should be delegated to the Commission.
Implications for other Commission proposals
The present modification
of the Commission proposal affects another file currently in the legislative
process, which is the Regulation establishing the CEF. This Regulation
determines the conditions, methods and procedures for providing Union financial
aid to trans-European networks in the transport, energy, and telecommunications
sectors.
The necessary changes
will not affect the horizontal elements of the CEF Regulation, apart from
marking the Regulation as EEA relevant, in order to allow for the participation
of EEA countries.
Changes in the CEF
Regulation will be limited and may include the re-formulation of certain
recitals to reflect the change in the intervention's focus and the adjustment
or deletion of certain provisions, including Article 7.4 on eligibility and
conditions for financial assistance in the field of telecommunications and
Art.10.4. (b) concerning the funding rates for actions in the field of
broadband. In Article 20 the delegation of power to amend the part of the annex
dealing with telecommunications will no longer be necessary. 
4.           BUDGETARY
IMPLICATION
The proposal will not
entail any additional cost for the EU budget.
The proposal for a Regulation on guidelines
for the implementation of trans-European telecommunication
telecommunications networks is linked to the proposal
for a Regulation establishing the CEF Connecting Europe Facility (CEF) which will provide the
legislative and the financial framework. An The Commission proposal for a new MFF
foresaw an amount of € EUR
9.2 billion[5]
is allocated for
telecommunications within the envelope of the CEF. The
European Council conclusions of 8 February 2013 on MFF 2014-2020 for the
telecommunications part of CEF set an amount at EUR 1.0 billion (in 2011
prices). The final amount allocated to telecommunications will be known once
the political agreement on the MFF figures will be reached and the new legal
base is adopted by the Legislative Authority.
2011/0299 (COD)
Amended proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on guidelines for trans-European
telecommunications networks and repealing Decision No 1336/97/EC
(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 172
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[6], 
Having regard to the
opinion of the Committee of the Regions[7],

Acting in accordance
with the ordinary legislative procedure,
Whereas:
(1)       Telecommunications
networks and services are increasingly becoming internet-based infrastructures,
with broadband networks and digital services closely interrelated. The internet
is becoming the dominant platform for communication, services, and doing business. Therefore, the
trans-European availability of fast Internet access and digital services in the
public interest is essential for economic growth and the Single Market. 
(2)       On 17 June
2010, the European Council endorsed the Digital Agenda for Europe[8] which aims to chart a course to maximise the
social and economic potential of information and communication technologies. It
seeks to stimulate supply and demand of competitive high speed internet
infrastructure and internet-based digital services in view to advance towards a
true Digital Single Market, which is essential for smart, sustainable and
inclusive growth. 
(3)       Regulation
(EU) No […/…] of the European Parliament and of the Council of […] establishing
the Connecting Europe Facility (CEF)[9] determines the conditions, methods and procedures
for providing Union financial assistance to trans-European networks in
transport, energy and digital communication. Given that there are similar challenges
and opportunities in the sectors covered by the CEF Regulation, there is
important scope for exploiting synergies, including by combining CEF funding
with other sources of funding.
(4)       A large
number of cross-border digital services, implementing exchanges between
European public administrations in support of EU policies are a reality. When
providing new solutions, it is important to capitalise on existing solutions
implemented in the context of other European initiatives, avoid duplication of work,
and ensure coordination and alignment of approaches and solutions across
initiatives and policies, such as for instance the ISA programme, the Fiscalis
programme and Horizon 2020. Similarly, it is important that solutions comply
with agreed standards, specifications and orientations, such as the European
Interoperability Framework for European public services (EIF)[10].
(5)       Large
scale pilots between Member States and co-financed by the Competitiveness and
Innovation Programme such as PEPPOL, STORK, epSOS, eCODEX or SPOCS have
validated key cross border digital services in the internal market, based on
common building blocks. These have already reached or are in the near future
reaching the maturity level required for deployment. Existing projects of common
interest have already demonstrated the clear added value of action at European
level, such as in the fields of cultural heritage (Europeana), child protection
(Safer Internet), social security (EESSI), while others such as in the field of
consumer protection (ODR) have been proposed.
(6)       Digital
service infrastructures implemented conforming to the Decision 922/2009/EC of
the European Parliament and of the Council of 16 September 2009 on
interoperability solutions for European public administrations[11] will facilitate the electronic cross-border and
cross-sector interaction between European public administrations. This, in
turn, will enable the provision of essential services in, inter alia, areas
such as electronic identification and procurement, cross-border interconnection
of business registers, interoperable electronic cross-border health services,
as well as cross-border cooperation on cyber security, thereby contributing to
the Digital Single Market. Such interaction between administrations will be achieved
through the creation and/or enhancement of interoperable core service
platforms, built on existing common building blocks and/or providing additional
building blocks essential for the development of other core service platforms,
and related generic services linking national infrastructures to core service
platforms to deliver cross border digital services.
(7)       With
regard to digital service infrastructures, building blocks shall take priority
over other digital service infrastructures, since the former are a
pre-condition for the later. Digital service infrastructures should, inter
alia, create European added value and meet proven needs. They should be
sufficiently mature for deployment, technically as well as operationally as
proven in particular through successful piloting. They should be based on a
concrete sustainability plan to ensure the long-term operation of core service
platforms beyond the CEF. Financial assistance under this Regulation should
therefore wherever possible be phased out over time and funding from sources
other than the CEF should be mobilised.
(8)       Digital
service infrastructures that are necessary to meet legal obligations under EU
law and/or are developing or providing building blocks, with a potential high
impact on the development of pan-European public services, should be
prioritised for funding, so as to support multiple digital service
infrastructures and over time gradually build up a European interoperability
ecosystem. In this context, legal obligations mean specific provisions
requiring either developing or using digital service infrastructures, or
requiring results which can only be achieved through European digital service
infrastructures. 
(9)       Member
States should encourage local and regional authorities to be fully and effectively
involved in the governance of digital service infrastructures, and ensure that
projects of common interest relating to cross-border delivery of eGovernment
services take into account the EIF recommendations. 
(10)     In its
resolution of 6 July 2011 on European Broadband: investing in digitally driven
growth[12], the European Parliament emphasised that
broadband services are key to the competitiveness of Union industry and greatly
contribute to Union economic growth, social cohesion and the creation of
quality employment.
(11)     The
Digital Agenda for Europe stipulates that by 2020 all Europeans should have
access to internet speeds of above 30 Mbps and 50% or more of European
households should subscribe to internet connections above 100 Mbps.
(12)     The private
sector should play a leading role in rolling out and modernising broadband
networks, supported by a competitive and investment-friendly regulatory
framework. Where private investment falls short, Member States shall undertake
the necessary efforts to achieve the targets of the Digital Agenda. Public
financial assistance to broadband should be limited to programmes or
initiatives targeting projects which cannot be solely financed by the private
sector, confirmed by an ex-ante assessment identifying market imperfections or
sub-optimal investment situations. 
(13)     Financial
instrument(s) for broadband networks must not unduly distort competition, crowd
out private investments or create disincentives on private operators to invest.
In particular, they will be in compliance with Articles 101, 102, 106 and 107
of the Treaty on the Functioning of the European Union. 
(14)     Since the
financial resources available under CEF are limited, financial assistance
should focus on the establishment of financing mechanisms at Union level to
attract additional investments, promote a multiplier effect, and so facilitate
the efficient use of private and other public funds for investment. This
approach allows for contributions from business and institutional players well
beyond the funding levels directly eligible through CEF.
(15)     The CEF
support to broadband deployment should complement assistance provided under
other Union programmes and initiatives, including the European Structural and
Investment Funds (ESIF) in cases where an ex-ante assessment identifies market
failures or sub-optimal investment situations and where thus decided by
Managing Authorities. CEF financial assistance to broadband deployment should
contribute to Member States' efforts both directly and by providing an
investment vehicle for voluntary, ring-fenced contributions from other sources,
including ESIF, thus allowing Member States to take advantage of the know-how
and scale-effects of EU-managed facilities with a view to increasing the
efficiency of public spending. 
(16)     The Union
may support the deployment of broadband networks contributing to the objectives
of the Digital Agenda for Europe in all types of areas, including suburban,
rural, sparsely populated and less developed regions. This includes the
deployment of broadband networks to link islands, landlocked, mountainous,
remote and peripheral regions, including island Member States, with the central
regions of the Union and/or actions to improve reliability or performance of
connections between such regions and central regions of the Union. 
(17)     In
implementing this Regulation, the method of intervention should be aligned with
the characteristics of the actions in question. Thus, in the field of digital
service infrastructures, core service platforms, which cannot be funded from
other sources, should be prioritised for funding in the form of procurement or,
exceptionally, grants, while generic services should be given only limited
financial assistance from the CEF. Furthermore, any financial assistance from
the CEF should aim at efficient use of Union's funds and, therefore, broadband
networks should be supported by financial instruments, which ensure higher
leverage effect than grants. 
(18)     The
intervention under this Regulation should aim at the achievement of synergies
and interoperability between different projects of common interest described in
the Annex, as well as with other infrastructures, including transport and
energy infrastructures supported by the CEF, relevant research infrastructures
supported inter alia by Horizon 2020 and relevant infrastructures supported by
ESIF, while avoiding duplication and undue administrative burden.
(19)     Financial
assistance to projects of common interest should be complemented by horizontal
actions, including technical assistance, demand stimulation measures and
coordination, which should aim at maximizing the impact of EU intervention. 
(20)     When
committing funds to the intervention in broadband networks, the Commission
should take due account of the results of the evaluations of existing Union's
financial instruments.
(21)     Selection
of new actions to be funded under CEF, as well as their level of funding, will
be done as part of an annual work programme proposed by the Commission.
(22)     The Commission should be assisted by an
Expert Group of representatives of Member States which shall be consulted on
and contribute to, inter alia, monitoring of the implementation of these
guidelines, planning, evaluation and addressing implementation problems.
(2)       On 26
March 2010, the European Council welcomed the Commission's proposal to launch
the strategy Europe 2020. One of the three priorities of Europe 2020 is smart
growth through the development of an economy based on knowledge and innovation.
Investments in telecommunications, notably broadband networks and digital
service infrastructures, are a necessary condition for smart but also
sustainable and inclusive economic growth of the Union. 
(3)       On 17
June 2010, the European Council endorsed the Digital Agenda for Europe[13]
and called upon all institutions to engage in its full implementation. The
Digital Agenda aims to chart a course to maximise the social and economic
potential of information and communication technologies, in particular through
the deployment of high-speed broadband networks by seeking to ensure that by
2020 all Europans have access to internet speeds of above 30 Mbps and 50% or
more of European households subscribe to internet connections above 100 Mbps.
The Digital Agenda aims to establish a stable legal framework to stimulate
investments in an open and competitive high speed internet infrastructure and
in related services; a true single market for online content and services;
active support for the digitisation of Europe's rich cultural heritage, and the
promotion of internet access and take-up by all, especially through support of
digital literacy and accessibility. In addition, Member States should implement
operational national plans for high speed internet, targetting public funding
on areas not fully served by private investments in internet infratructures and
promote deployment and usage of modern accessible online services. 
(4)       The
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
-European Broadband: investing in digitally driven growth[14]
concludes that the critical role of the internet means that the benefits for
society as a whole appear to be much greater than the private incentives to
invest in faster networks. Public support for this area is therefore necessary,
but should not unduly distort competition.
(5)       The
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions – A
Budget for Europe 2020[15]
recognises the creation of a Connecting Europe Facility in the context of the
Multiannual Financial Framework in order to address the infrastructure needs in
the areas of transport, energy and information and communication technologies.
Synergies between these sectors as well as with other Union investment
programmes are key as similar challenges emerge requiring solutions that unlock
growth, combat fragmentation, reinforce cohesion, favour the use of innovative
financial instruments and address market failures as well as the removal of
bottlenecks which hinder the completion of the Single Market.
(6)       Regulation
(EU) No […/…] of the European Parliament and of the Council of […] establishing
the Connecting Europe Facility[16]
determines the conditions, methods and procedures for providing Union financial
aid to trans-European networks in order to support projects in the field of
transport, energy and telecommunications infrastructures.
(7)       Actions
in the field of broadband networks will be in line with the relevant Union
policies, regulation and guidance. This includes the set of rules and
guidelines for the telecommunications markets and in particular the Regulatory
Framework for electronic communications adopted in 2009 which provides a
coherent, reliable and flexible approach to the regulation of electronic
communication networks and services in fast moving markets. These rules are
being implemented by national regulatory authorities and the Body of European
Regulators for Electronic Communications (BEREC). The NGA Recommendation[17]
adopted in 2010 aims at fostering the development of the Single Market by
enhancing legal certainty and promoting investment, competition and innovation
in the market for broadband services in particular in the transition to next
generation access networks (NGAs). 
(8)       These
actions will also be in compliance with Articles 101, 102 and 106 of the Treaty
on the Functioning of the European Union, as well as with the Community
Guidelines for the application of State aid rules in relation to rapid
deployment of broadband networks, adopted in 2009, which provide a framework
for stakeholders and Member States to accelerate and extend broadband
deployment. The EU guidance for NGA investment models for EU management
authorities and other relevant agencies (published in October 2011) provide a
step by step approach to the implementation of a range of models that ensure
fair competition among all suppliers and aim at the realisation of the
objectives of cohesion and rural development policies.
(9)       Within
the framework of a system of open and competitive markets, the Union's
intervention is necessary where market failures need to be overcome. By
providing financial support and additional financing leverage to infrastructure
projects the Union can contribute to the establishment and development of
trans-European networks in the area of telecommunications, thus generating
higher benefits in terms of market impact, administrative efficiency and
resource utilisation.
(10)     Substantial
economic and social benefits, which cannot be captured nor monetised by
investors, are associated with higher broadband speeds. Fast and ultra-fast
broadband is the key enabling infrastructure for the development and deployment
of digital services, which rely on the availability, speed, reliability and
resilience of the physical networks. The deployment and take-up of faster
networks opens the way for innovative services exploiting higher speeds. Action
at Union level is necessary to maximise the synergies and interactions between
those two components of digital telecommunications networks.
(11)     The
deployment of ultra-fast broadband will particularly benefit small and medium
enterprises (SMEs) which often cannot benefit from web-based services such as
'cloud computing' due to inadequate connectivity and speed of existing
broadband connections. This will unlock the potential for substantial
productivity gains for SMEs. 
(12)     By
opening business opportunites, the deployment of broadband networks and digital
service infrastructures will stimulate job creation in the Union. Construction
of broadband networks will also have an immediate effect on employment in
particular in civil engineering sector.
(13)     The
development of broadband networks and digital service infrastructures will
contribute to the Union's objective to reduce greenhouse gas emission by
enabling energy-efficient solutions in many sectors of Europe's economy. This
positive effect will be limited, but only to some extent, by the growing energy
and resource demand related mainly to the construction of broadband networks
and the operation of digital service infrastructures. 
(14)     The
interoperability of the broadband networks and the digital communications
infrastructure associated to energy networks enables converged communications
for the deployment of energy-efficient, reliable and cost-effective digital
networks. Furthermore, convergence will be extended beyond connectivity to
allow for the packaged provision of energy and telecom services by energy and
telecom services providers respectively. 
(15)     The
development, deployment and long-term provision of interoperable cross-border
eGovernment services enhance the functioning of the Single Market. Governments
are recognised for providing public online services which contribute to
increasing efficiency and effectiveness of the public and private sector
(16)     The
operation of common electronic public services implemented conforming to the
Decision 922/2009/EC of the European Parliament and of the Council of 16
September 2009[18]
will aim at the availability of common services in support of the cross-border
and cross-sector interaction between European public administrations. 
(17)     Directive
2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the
application of patients' rights in cross-border healthcare[19]
gives the legal framework for the cross-border provision of healthcare,
including eHealth services, in Europe. Their deployment is expected to improve
the quality of care and the patient safety, to reduce medical costs, to
contribute to modernising national healthcare systems and increasing their
efficiency, and to make them better adapted to the individual needs of
citizens, patients, health professionals, and the challenges of an ageing
society.
(18)     Increasing
and preserving access to Europe's rich and diverse cultural content and data
held by public sector bodies, and opening them up for reuse in full respect of
copyright and related rights, will nurture creativity and spur innovation and
entrepreneurship. Unhampered access to re-usable multilingual resources will
help overcome language barriers, which undermine the internal market for online
services and limit access to knowledge. 
(19)     In the
area of safety and security, an EU-wide platform for sharing resources,
information systems and software tools promoting online safety will contribute
to creating a safer environment for children online. It will enable centres
handling hundreds of thousands of requests and alerts per year to operate
across Europe. Critical Information Infrastructures will enhance the Union-wide
capability for preparedness, information sharing, coordination and response to
cyber security threats. 
(20)     It is
expected that innovative applications of commercial nature running on digital
service infrastructures will emerge. Their exploration and testing can be
co-financed as part of research and innovation projects in the Horizon 2020
programme and their deployment under the cohesion policy. 
(21)     In
order to take into account the developments in the areas of information and
communication technologies, the power to adopt acts in accordance with Article
290 of the Treaty on the Functioning of the European Union should be delegated
to the Commission in respect of amending the Annex to this Regulation. It is of
particular importance that the Commission carries out appropriate consultations
during its preparatory work, including at expert level. The objective of this
delegation is to address new technological and market developments, emerging
political priorities or opportunities for exploiting synergies between
different infrastructures, including those in the fields of Transport and
Energy. The scope of delegation is limited to modifying the description of
projects of common interest, adding a project of common interest or removing an
obsolete project of common interest according to pre-established, clear and
transparent criteria.
(22)     The
Commission, when preparing and drawing-up delegated acts, should ensure a
simultaneous, timely and appropriate transmission of relevant documents to the
European Parliament and Council. 
(23)     Decision
No 1336/97/EC of the European Parliament and of the Council of 17 June 1997 on
a series of guidelines for trans-European telecommunications networks[20]
covers the objectives, priorities and broad lines of measures envisaged in the
trans-European networks in the area of telecommunications infrastructure. In
the light of the recent developments that Decision should be replaced. 
(24)     Decision
No 1336/97/EC should therefore be repealed.
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
1.           This Regulation lays down
guidelines for the timely deployment and interoperability of
projects of common interest in the field of trans-European telecommunications
networks to determine those trans-European
telecommunication networks that shall be supported in accordance with
Regulation XXX (CEF Regulation) in their development, implementation,
deployment, interconnection, and interoperability.
These guidelines provide
for the objectives and priorities of projects of common interest, identify
projects of common interest and set out criteria for the identification of new
projects of common interest.
2.           In
particular, this Regulation provides for:
(a)         
the objectives for
projects of common interest;
(b)         
the conditions under
which projects of common interest may be eligible for Union financial
assistance in accordance with Regulation (EU) No xxx/2012 [CEF regulation] in
their development, implementation, deployment, interconnection, and
interoperability. 
(c)         
the criteria for the
establishment of priorities for projects of common interest to receive or
benefit from Union financial assistance.
              
Article 2 
Objectives 
The projects of common
interest shall:
(1)         
contribute to
economic growth and support the development of the Single Market resulting in
the improvement of the competitiveness of the European economy, including small
and medium sized enterprises (SMEs).
(2)         
contribute to
improvements in daily life for citizens, businesses and governments through the
promotion of the interconnection and interoperability of national
telecommunication networks as well as access to such networks.
(3)         
stimulate Europe-wide
deployment of fast and ultra-fast broadband networks which, in turn, shall
facilitate the development and deployment of trans-European digital services. 
(4)         
facilitate
sustainable deployment of trans-European digital service infrastructures, their
interoperability and coordination at European level, their operation, maintenance
and upgrading. 
(5)         
contribute to
greenhouse gas emission reductions, as well as protecting and improving the
environment. 
Article 2 3
Definitions
1.           For the purposes of this
Regulation, the definitions set out in Article 2 of
Regulation (EU) No xxx/2012 (CEF Regulation) apply. following
definitions shall apply: 
2.           The
following definitions shall also apply:
(a)         
"Telecommunication
Telecommunications networks" means broadband
networks and digital service infrastructures. 
(b)         
"Digital service
infrastructures" enable networked services to be delivered electronically,
typically over the internet, providing trans-European interoperable services of
common interest for citizens, businesses and/or governments. Digital service
infrastructures are composed of core service platforms and generic services.
(c)         
“Building blocks” means
reusable digital service infrastructures, 
(d)         
“Core service
platforms” means central hubs of digital service infrastructures aiming to
ensure trans-European connectivity, access and interoperability. Core service
platforms shall be open to Member States and may be open to other entities. 
(e)         
"Generic services”
means services linking one or more national infrastructure(s) to one or more
core service platform(s) with a view to deliver cross border digital services.
(f)           
"Broadband
networks" means wired and wireless (including satellite) access networks, ancillary infrastructure and core
networks capable of delivering very high speed connectivity, thereby contributing to the broadband targets of
the Digital Agenda for Europe.
(g)         
"Digital service
infrastructures" means networked services delivered electronically,
typically over the internet, providing trans-European interoperable services in
the public interest and having an enabling character for citizens, businesses
and/or governments. 
(h)         
"European added
value" means the value resulting from an EU intervention which is
additional to the value that would have otherwise been achieved by Member State
action alone or an action by a group of Member States.  
For the purposes of this Regulation, the definitions set out in Regulation XXX
(CEF Regulation) shall also apply.
Article 3 
Objectives 
1.           The
projects of common interest shall contribute to achieving the general
objectives specified in article 3 of Regulation (EU) No xxx/2012 [CEF
regulation].
2.           In
addition to the general objectives, the projects of common interest shall
pursue one or more of the following specific objectives: 
(a)         
economic growth and
support to the completion of the Digital Single Market in support of the
competitiveness of the European economy, including small and medium sized
enterprises (SMEs). 
(b)         
improvements in the
daily life for citizens, businesses and governments through the promotion of
interconnection and interoperability of national, regional and local
telecommunications networks as well as access to such networks.
3.           The
following operational priorities shall contribute to the achievement of the
objectives mentioned in paragraphs (1) and (2): 
(a)         
interoperability,
connectivity, sustainable deployment, operation and upgrading of trans-European
digital service infrastructures and their common building blocks, as well as
coordination at European level.
(b)         
efficient flow of
private and public investments to stimulate the deployment and modernisation of
broadband networks in view to contribute towards achieving the broadband
targets of the Digital Agenda for Europe.
Article 4
Priorities for projects of common interest
Taking into account the
objectives set out in Article 2, the priorities for projects of common interest
shall be: 
(a)         
the deployment of
ultra fast broadband networks ensuring the speed of data transmission of 100
Mbps and above; 
(b)         
the deployment of
broadband networks to link island, landlocked and peripheral regions with the
central regions of the Union ensuring in those regions that speeds of data
transmission are sufficient to permit broadband connectivity of 30 Mbps and
above;
(c)         
the support to core
service platforms in the field of digital service infrastructures; 
(d)         
actions allowing to
achieve synergies and interoperability between different projects of common
interest in the field of Telecommunications, between projects of common
interest concerning different types of infrastructures, including Transport and
Energy, between project of common interest in the field of Telecommunications
and projects supported by the Structural and Cohesion funds, as well as
relevant research infrastructures. 
Article 4
5
Projects of common interest
1.           Projects
of common interest set out in the Annex shall contribute to the achievement of
the objectives set out in Article 2. 
1.           Projects
of common interest shall in particular: 
(a)         
aim at the creation
and/or enhancement of interoperable and, whenever possible, internationally
compatible core service platforms and their common building blocks, accompanied
by generic services for digital service infrastructures. 
(b)         
provide efficient
investment vehicles for broadband, attract new categories of investors and
project promoters and encourage replicability of innovative projects and business
models.
2.           A
project Projects of common interest may
encompass their its entire
cycle, including feasibility studies, implementation, continuous operation,
coordination and evaluation. 
3.           Projects
of common interest may be supported through horizontal actions. 
4.           Projects
of common interest and actions contributing to them are further described in
the Annex to this Regulation.
3.           Member
States and/or other entities in charge of the implementation of projects of
common interest or contributing to their implementation shall take the
necessary legal, administrative, technical and financial measures in compliance
with the corresponding specifications of this Regulation. 
4.           The
Union may facilitate the implementation of the projects of common interest through
regulatory measures, where appropriate, through coordination, through support
measures and through financial support to stimulate their deployment and
take-up, as well as public and private investment. 
5.           Actions
contributing to projects of common interest shall be eligible for EU financial
support under the conditions and instruments available under the Regulation
establishing the Connecting Europe Facility [REF]. Financial support shall be
provided in accordance with the relevant rules and procedures adopted by the
Union, funding priorities and the availability of resources.
6.           The
Commission shall be empowered to adopt delegated acts modifying the description
of projects of common interest included in the Annex, adding new projects of
common interest to the Annex, or removing obsolete projects of common interest
from the Annex, in accordance with paragraphs 7, 8 and 9 below and in
accordance with Article 8. 
7.           While
adopting the delegated act referred to in paragraph 6 above, the Commission
shall assess whether modifying the description of project of common interest or
adding a new project of common interest responds to the needs arising from: 
(a)         
new technological and
market developments; or
(b)         
emerging political
priorities; or
(c)         
new opportunities for
exploiting synergies between different infrastructures, including those in the
field of Transport and Energy.
8.           In
addition to the criteria established in paragraph 7, if the delegated act
concerns adding a new project of common interest the Commission shall also
assess whether such project meets cumulatively the following criteria: 
(a)         
contributes to the
achievement of the objectives set out in Article 2;
(b)         
is based on mature
technology ready for deployment;
(c)         
demonstrates European
added value. 
9.           While
adopting a delegated act removing an obsolete project of common interest from
Annex, the Commission shall assess whether such project no longer responds to
the needs set out in paragraph 7 or no longer meets the criteria set out in
paragraph 8. 
Article 5 
Methods of intervention
1.           In the
area of digital service infrastructures, core service platforms shall be
implemented primarily by the Union while generic services shall be implemented
by the parties connecting to the relevant core service platform. Investments in
broadband networks are undertaken predominantly by the private sector. Public
support shall be provided only where there is market failure or a sub-optimal
investment situation. 
2.           Member
States, including local and regional authorities, and/or other entities in
charge of or contributing to the implementation of projects of common interest
shall take the necessary legal, administrative, technical and financial
measures in compliance with the corresponding specifications of this
Regulation.
3.           Actions
contributing to projects of common interest shall be eligible for EU financial
support under the conditions and instruments available under Regulation (EU) No
xxx/2012 [CEF regulation]. Financial support shall be provided in accordance
with the relevant rules and procedures adopted by the Union, funding priorities
and availability of resources. In particular: 
(a)         
Actions contributing to
projects of common interest in the field of digital service infrastructures can
be supported by:
(a)         
procurement and/or
(b)         
grants.
(b)         
Actions contributing to
projects of common interest in the field of broadband networks can be supported
by:
(a)         
financial instruments
as defined in Regulation (EU) No xxx/2012 [CEF regulation], which shall be open
to additional contributions from other parts of the Connecting Europe Facility,
other instruments, programmes and budget lines in the Union budget, Member
States, including regional and local authorities and any other investors,
including private investors in accordance with Article 15.2 of Regulation (EU)
No xxx/2012 [CEF regulation] and /or 
(b)         
the combination of
financial instruments and grants from public sources other than the CEF,
whether EU or national.
(c)         
Horizontal actions
shall be supported by 
(a)         
procurement and/or
(b)         
grants.
4.           Where
the support from the CEF complements ESIF and other direct public support, the
achievement of synergies between CEF actions and support from ESIF may be
reinforced by using an appropriate coordination mechanism. 
Article 6 
Eligibility criteria and priorities for funding
1.           Actions
contributing to projects of common interest in the field of digital service
infrastructures must, to be eligible for funding, cumulatively: 
(a)         
have reached sufficient
maturity to be deployed, as proven in particular through successful piloting
under programmes such as the Union programmes related to innovation and
research, 
(b)         
contribute to Union
policies and activities in support of the single market;
(c)         
create European added
value and long term sustainability, where appropriate through funding sources
other than CEF, as demonstrated by a feasibility and cost-benefit assessment; 
(d)         
comply with agreed
standards, specifications and orientations for interoperability, such as the
European Interoperability Framework, and capitalise on existing solutions.
2.           Building
blocks essential for, and with demonstrable prospects of being used in, the
development, deployment and operation of other digital service infrastructures
as listed in the annex shall be given first priority for funding. 
3.           Second
priority shall be given to digital service infrastructures in support of
specific provisions of EU legislation and based on existing building blocks. 
4.           On the
basis of the objectives provided for in Article 3 and in function of the
available budget, the work programmes may establish further eligibility and
priority criteria in the field of digital service infrastructures. 
5.           Actions
contributing to projects of common interest in the field of broadband networks
shall cumulatively meet the following criteria in order to be eligible for
funding:
(a)         
make a significant
contribution to the realisation of the targets of the Digital Agenda for
Europe. 
(b)         
have sufficiently
mature project development and preparation stages that are underpinned by
effective implementation mechanisms.
(c)         
address market
imperfections or sub-optimal investment situations. 
(d)         
not lead to market
distortions and crowding out of private investment
(e)         
use the technology
which is deemed most suitable to address the needs of the area in question
taking into account geographic, social and economic factors based on objective
criteria and in line with technological neutrality. 
(f)          
deploy state of the art
technology and/or be based on innovative business models, and have a high
potential for replicability.
6.           The
criteria mentioned in point (f) of the preceding paragraph shall not be
required for project funded from additional ring-fenced contributions provided
in accordance with Article 15.2 of Regulation (EU) No xxx/2012 [CEF regulation]

7.           Eligibility
criteria for horizontal actions shall be set out in the work programmes. 
Article 7 6 
Cooperation with
third countries and international organisations
The Union may establish contacts, discuss,
exchange information and cooperate with public authorities or any other
organisations in third countries to achieve any objective pursued by these
guidelines where such cooperation gives rise to a European added value. Among other objectives, this cooperation shall seek to promote the
interoperability between the trans-European
telecommunication networks telecommunications networks
in the Union and telecommunication telecommunications networks of third countries.
2.           The
Union may further establish contacts, discuss, exchange information and
cooperate with international organisations and legal entities established in
third countries to achieve any objective pursued by these guidelines. 
Article 8
7
Exchange of information, monitoring and reporting review
1.           On the basis of
information received under Article 21 of the Regulation XXX establishing the CEF Connecting Europe Facility,
Member States and the Commission shall exchange information about the progress
made with the implementation of these guidelines. 
2.           The Commission shall consult and be assisted by an Expert Group, composed of a
representative of each Member State, for monitoring of the
implementation of these guidelines, assisting in the planning through the
national strategies for high speed internet and mapping of infrastructures, and
exchanging information. The Expert Group may also consider any other issue
relating to the development of the trans-European telecommunication networks.
In particular, the Expert Group shall assist the Commission
in: 
(a)         
monitoring the
implementation of these guidelines;
(b)         
planning national plans
or national strategies, where applicable;
(c)         
undertaking measures to
evaluate the implementation of the work programmes on a financial and technical
level;
(d)         
addressing existing or
emerging project implementation problems. 
The Expert Group may also
consider any other issue relating to the development of the trans-European
telecommunications networks.
3.           In conjunction with the
mid-term evaluation and the ex-post evaluation of the Regulation XXX
establishing the CEF Connecting
Europe Facility and after consulting the Expert Group, the Commission
shall publish a report on the progress in the implementation of these
guidelines. That report shall will
be submitted to the European Parliament and the
Council, the European Economic and Social Committee and the
Committee of the Regions.
4.           In these reports the
Commission shall also evaluate whether the scope of the projects of common
interest continues to reflect political priorities,
technological developments and innovations as well as
regulatory or market and economic developments and whether, in view of such
developments and the need for long-term sustainability, funding for any of the
project of common interest supported should be phased out or sourced in other
ways or the situation in the relevant markets.
For major projects which are likely
to have significant effects on the environment,
these reports shall include an analysis of the environmental impact, taking
into account, where appropriate climate change adaptation and mitigation needs, and disaster
resilience. Such an evaluation
a review may also be carried out at any other time
when it is deemed appropriate. 
5.           The
achievement of the sectorial objectives set out in Article 3 shall be measured
ex post inter alia by:
(a)         
the availability of
digital service infrastructures, measured by the number of Member States
connected to each digital service infrastructure. 
(b)         
the percentage of
citizens and businesses using digital service infrastructures and the
availability of such services across borders.
(c)         
the volume of investments
attracted in the field of broadband and the leverage effect.
Article 8
Exercise of the delegation
1.           The
power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article. 
2.           The
delegation of power referred to in the Articles 5(6) shall be conferred on the
Commission for an indeterminate period of time from the date of the entry into
force of this Regulation.
3.           The
delegation of power referred to in Article 5(6) may be revoked at any time by
the European Parliament or by the Council. A decision of revocation shall put
an end to the delegation of the power specified in that decision. It shall take
effect on the day following the publication of the decision in the Official
Journal of the European Union or at a later date specified therein. It shall
not affect the validity of any delegated acts already in force. 
4.           As
soon as it adopts a delegated act, the Commission shall notify it
simultaneously to the European Parliament and to the Council. 
5.           A
delegated act adopted pursuant to Article 5(6) shall enter into force only if
no objection has been expressed either by the European Parliament or the
Council within a period of 2 months of notification of that act to the European
Parliament and the Council or if, before the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by 2 months at the initiative of
the European Parliament or the Council. 
Article 9
Repeal
Decision No 1336/97/EC,
as amended by Decision No 1376/2002/EC, is repealed.
Article 10
Entry into force
This Regulation shall enter into force on the
twentieth day following that of its publication in the Official Journal of
the European Union.
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and
directly applicable in all Member States.
Done at Brussels, 
For the
European Parliament                       For the Council
The President                                                 The
President
ANNEX 
PROJECTS OF COMMON INTEREST
Section 1. Digital Service Infrastructures
Interventions in the area of
digital service infrastructure generally rely on a two-layer architecture
approach: core service platforms and generic services. As the core service
platform is a pre-condition for establishing a digital service infrastructure,
the support to core service platforms and their common building blocks shall
take priority over generic services. 
The core service platforms
and their common building blocks address interoperability and security needs of
projects of common interest. They are intended to enable digital interactions
between public authorities and citizens, public authorities and businesses and
organisations, or among public authorities of different Member States through
standardised, cross-border, and user-friendly interaction platforms. Building
block digital service infrastructures shall take priority over other digital
service infrastructures, since the former are a pre-condition for the latter.
The generic services provide the connection to the core service platforms and
enable the national added value services to use the core service platforms.
They provide gateways between national services and core service platforms and
allow national public authorities and organisations, businesses and/or citizens
to access the core service platform for their cross-border transactions. The
quality of the services and the support for stakeholders involved in
cross-border transactions shall be assured. They shall support and stimulate
take-up of core service platforms. 
The focus shall not be
entirely on the creation of digital service infrastructures and related
services but also on the governance relating to the operation of such
platforms.
New core service platforms
shall mainly be based on existing platforms and their building blocks and/or,
when possible, shall add new building blocks.
1.           Building
blocks digital service infrastructures a priori identified to be included in
the work programmes in accordance with Articles 6.1 and 6.2:
(a)         
Electronic
identification and authentication: this refers to services to enable cross
border recognition and validation of e-identification and e-signature. 
(b)         
Electronic delivery of
documents: this refers to services for the secured, traceable cross border
transmission of electronic documents.
(c)         
Automated translation:
this refers to machine translation engine and specialised language resources
including the necessary tools and programming interfaces needed to operate the
pan-European digital services in a multilingual environment.
(d)         
Critical digital
infrastructures support: this refers to communication channels and platforms
intended to enhance the EU-wide capability for preparedness, information
sharing, coordination and response to cyber threats. 
(e)         
Electronic invoicing: this
refers to services enabling electronic exchange of invoices. 
2.           Other
digital service infrastructures a priori identified as eligible in accordance
with Article 6.1:
(a)         
Interoperable
cross-border electronic procurement services: This refers to a set of services,
which can be used by public and private-sector e-Procurement services providers
to set up cross-border e-Procurement platforms. This infrastructure will enable
any company in the EU to respond to public procurement procedures from any
contracting authority or entity in any Member State covering pre-award and
post-award electronic procurement activities, including functionalities such as
electronic submission of offers, virtual company dossier, eCatalogues, eOrders
and eInvoicing.
(b)         
Interoperable cross
border eHealth services: This refers to a platform, which enables the
interaction between citizens/patients and health care providers,
institution-to-institution and organization-to-organization transmission of
data, or peer-to-peer communication between citizens/patients and/or health
professionals and institutions. The services shall comprise cross border access
to electronic health records and electronic prescription services as well as
remote health/assisted living teleservices, etc. 
(c)         
European Platform for
the interconnection of European business registers: This refers to a platform,
which provides a set of central tools and services enabling business registers
in all Member States to exchange information on registered businesses, their
branches, mergers and wind-ups. It shall also provide a multi-country and
multilingual search service for users using a Central Access Point accessible
via the e-Justice portal.
(d)         
Access to re-usable
public sector information: This refers to a platform for the single access
point to multilingual (EU official languages) datasets held by public bodies in
the EU at European, national, regional and local levels; query and
visualisation tools of the data sets; assurance that the available datasets are
properly anonymised, licensed and where applicable priced to be published,
redistributed and reused, including a data provenance audit trail. 
(e)         
Electronic procedures
for setting up and running a business in another European country: This service
will allow the dealing of all necessary administrative procedures
electronically across borders through Points of Single Contact. This service is
a requirement in the Directive 2006/123/EC on services in the internal market.
(f)          
Access to digital
resources of European heritage: This refers to the core service platform based
on the current Europeana portal. The platform will provide a single access
point to European cultural heritage content at item level, a set of interface
specifications to interact with the infrastructure (search for data, download
data), support for the metadata adaptation and ingestion of new content, as
well as information on conditions for reuse of the content accessible through
the infrastructure.
(g)         
Safer internet service
infrastructure: This refers to the platform for acquiring, operating and
maintaining shared computing facilities, databases and software tools for the
Safer Internet Centres (SICs) in the Member States. Back-office operations to
handle reporting of sex abuse content are also included as well as the link
with police authorities including international organisations such as Interpol,
and when appropriate, the handling of the take down of this content by the
relevant web sites. This will be supported by common databases.
(h)         
Interoperable
cross-border online services. This refers to platforms, which shall facilitate
interoperability and cooperation between Member States in areas of common
interest, particularly with a view to improving the functioning of the Single
Market, such as eJustice, which will enable the online cross-border access of citizens,
businesses, organisations and legal practitioners to legal means/documents and
judicial procedures, Online Dispute Resolution (ODR) which will enable online
resolution of cross-border disputes between consumers and merchants and
Electronic Exchange of Social Security Information (EESSI) which will help
social security bodies across the EU exchange information more rapidly and
securely. 
Section 2. Broadband networks
1.           The
scope of actions
Actions shall consist in
particular of one or more of the following components:
(a)         
The deployment of
passive physical infrastructure, active physical infrastructure or the
combination of the two and ancillary infrastructure elements, complete with
services necessary to operate such infrastructure;
(b)         
Associated facilities
and associated services, such as building wiring, antennae, towers and other
supporting constructions, ducts, conduits, masts, manholes, and cabinets;
(c)         
Exploitation of
potential synergies between the roll-out of broadband networks and other
utilities networks (energy, transport, water, sewerage, etc.), in particular
those related to smart electricity distribution.
2.           Contribution
to the achievement of the targets of the Digital Agenda for Europe. 
All projects financially
supported under this Regulation shall significantly contribute to the
achievement of the targets of the Digital Agenda for Europe. 
(a)         
Actions funded directly
by the Union shall: 
(a)         
be based on
state-of-the art technology, either wired or wireless, capable of delivering
very high-speed broadband services, thus meeting demand for applications which
require high bandwidth, or 
(b)         
be based on innovative
business models and/or attract new categories of project promoters or new
categories of investors, or 
(c)          
have a high potential
for replicability, thus allowing achieving broader impact on the market due to
their demonstration effect. 
(b)         
Actions funded from
additional ring-fenced contributions provided in accordance with Article 15.2
of Regulation (EU) No xxxx/2012 [CEF regulation] shall bring significant new
capabilities to the market in terms of broadband service availability, speeds
and capacity. Projects which provide speeds of data transmission of less than
30 Mbps should ensure the increase of speeds to at least 30 Mbps over time. 
3.           Project
assessment to establish optimal funding structures
The implementation of actions
shall be based on a comprehensive project assessment. Such a project assessment
shall cover, inter alia, market conditions including information on existing
and/or planned infrastructure, regulatory obligations on project promoters, as
well as commercial and marketing strategies. In particular, the project
assessment shall establish whether the programme: 
(a)         
is necessary to address
market imperfections or sub-optimal investment situations, 
(b)         
does not lead to market
distortions and crowding out of private investment. 
These criteria shall be
established primarily on the basis of the revenue potential and the level of
risk associated with a project and the type of geographical area covered by an
action. 
4.           Modalities
for funding 
(a)         
Projects of common
interest in the field of broadband shall be funded through financial
instruments. The budget allocated to these instruments shall be sufficient, but
shall not exceed, the amount which is necessary to establish a fully
operational intervention and to achieve a minimum efficient instrument size. 
(b)         
Subject to the rules of
the Financial Regulation, Regulation (EU) No xxxx/2012 [CEF regulation] and
Regulations (EU) No xxxx (2013) [all the ESIF regulations], the financial
instruments mentioned in point (a) may be combined with additional
contributions from:
(a)         
other parts of the
Connecting Europe Facility,
(b)         
other instruments,
programmes and budget lines in the Union budget;
(c)          
Member States,
including regional and local authorities, that decide to contribute own
resources or resources available from ESIF. ESIF contributions will be
geographically ring-fenced to ensure that they are spent within a Member State
or a region which provides a contribution. 
(d)         
any other investors,
including private investors. 
(c)         
Financial instruments
mentioned in points (a) to (b) may also be combined with grants by Member
States, including regional and local authorities, that wish to contribute own
resources or resources available from ESIF, provided that: 
(a)         
an action in question
meets all criteria for funding under this Regulation, and 
(b)         
relevant state-aid
clearance has been obtained. 
Section 3. Horizontal actions
The deployment of
trans-European telecommunications networks that will help to remove the
bottlenecks existing in the digital single market shall be accompanied by
studies and programme support actions. These actions may consist of:
(a)         
Technical assistance to
prepare or support implementation actions in their deployment, governance and
addressing existing or emerging implementation problems. 
(b)         
Actions to stimulate
existing demand or create new demand for digital service Infrastructures. 
(c)         
Coordination of Union
support under this Regulation with the support from all other available
sources, while avoiding duplication of infrastructure and preventing the
displacement of private investments. 
The projects of common
interest shall aim for the removal of bottlenecks which hinder the completion
of the Single Market i.e. providing connectivity to the network and access,
including across borders, to digital service infrastructures.
The deployment and
enhancement of trans-European telecommunication networks (broadband networks
and digital service infrastructures) shall contribute to fostering economic growth,
creating jobs and achieving a vibrant digital single market. In particular,
their deployment will grant faster access to the internet, bring about
information technology-enabled improvements in daily life for citizens,
including children and young persons, businesses and governments, increase
interoperability and facilitate the alignment or convergence to commonly agreed
standards. 
Section 1. Horizontal
priorities 
The deployment of
trans-European telecommunication networks that will help to remove the
bottlenecks existing in the digital single market shall be accompanied by
studies and programme support actions. They are:
(a)         
Innovative
management, mapping & services. Technical assistance measures, where
necessary for deployment and governance, shall include project and investment
planning and feasibility studies, in support of investment measures and
financial instruments. Mapping of pan-European broadband infrastructure will
develop an on-going detailed physical surveying and documentation of relevant
sites, analysis of rights of way, assessments of potential for upgrading
existing facilities, etc. It should follow the principles of the Directive
2007/2/EC (INSPIRE Directive) and related standardisation activities. Technical
assistance measures may also support replication of successful investment and
deployment models. 
These actions may also include climate proofing to assess the climate related
risks and ensure disaster resilience of infrastructure, in compliance with
relevant requirements set out in EU or national legislation.
(b)         
Support actions and
other technical support measures. These actions are needed to prepare or
support the implementation of projects of common interest or accelerate their
take-up. In the field of digital services, support actions
shall also stimulate and promote the take-up of new digital service
infrastructures that may become necessary or useful based on technological
developments, changes in the relevant markets or emerging political priorities.

Section 2. Broadband
networks 
All broadband investments
within the territory of the Union expand the network capacity and bring about
benefits to all the potential users, including those in Member States other
than the country of the investment. Investment in these networks will bring
about more competition and more innovation in the economy, will deliver more
efficient and effective public services, contribute to the EU goals on a low
carbon economy and to the overall EU competitiveness and productivity. 
Investment in broadband infrastructure
has been undertaken predominantly by private investors and it is expected that
this will remain the case. However, the achievement of the Digital Agenda
targets will require investment in areas for which there is not a clear
business case or where a business case may need to be enhanced within the time
frame of the targets. The following types of areas can be characterized on the
basis of the likely investment:
Sub-urban/medium density
areas are typically served with medium speed connections but tend to lack
higher speeds. Where it is demonstrated that the business case for investments
in advanced technologies is insufficient for private investors in the short
run, financial support could generate profitable investment over the longer
term by closing the viability gap and stimulate competition. 
Rural and low density areas
are typically served with low speed connections and in some cases even not
served at all. The business case for investment is unlikely to be viable and
the European targets are unlikely to be reached by 2020. Investment in these
areas needs higher financial support, provided by grants, possibly in
combination with financial instruments. Such areas will include remote and
sparsely populated regions where investment costs are either very high or where
income is low. The support from the Connecting Europe Facility in these areas
is likely to complement available cohesion funds or rural development and other
direct public support.
High density/urban areas –
with the exception of some low income regions - are typically well served with
medium to fast speed connections, often provided by competitive offerings of
cable and telecom operators. Yet because of this relatively satisfactory
situation the market incentives to invest in very high speed networks such as
fibre to the home are limited. Thus financial support may be also envisaged to
investments in urban areas with dense populations which do not attract
sufficient investment despite societal benefits it would generate, provided
that it is in full compliance with Articles 101, 102 and 106 of the Treaty on
the Functioning of the European Union, as well as, if relevant, with the
Community Guidelines for the application of state aid rules in relation to
rapid deployment of broadband networks. 
In less developed regions,
the support to the deployment of broadband networks should be provided
primarily through the instruments of Structural and Cohesion funds. Grants and
/ or financial instruments from the Connecting Europe Facility may complement
such support where necessary to achieve the objectives of this Regulation. The
achievement of synergies between the CEF actions in those regions and the
support from the Structural and Cohesion Funds may be reinforced by using an
appropriate coordination mechanism.[21]
The classification of
regions to the above categories is indicatively provided by the map below. 
Actions contributing to the
project of common interest in the field of broadband networks shall constitute
a balanced portfolio including actions contributing to both the 30Mbps and the
100Mbps Digital Agenda targets, covering suburban and rural areas in
particular, as well as areas across the European Union. 
Actions contributing to the
project of common interest in the area of broadband networks, irrespective of
the technology used, shall:
(a)         
Support investments
in broadband networks capable of achieving the Digital Agenda 2020 target of
universal coverage at 30Mbps; or
(b)         
Support investments
in broadband networks capable of achieving the Digital Agenda 2020 target and
of having at least 50% of households subscribing to speeds above 100Mbps;
(c)         
Comply with
applicable law, in particular with competition law
and shall consist in
particular of one or more of the following actions:
(a)         
The deployment of
passive physical infrastructure or the deployment of combined passive and
active physical infrastructure and ancillary infrastructure elements, complete
with services necessary to operate such infrastructure;
(b)         
Associated facilities
and associated services, such as building wiring, antennae, towers and other
supporting constructions, ducts, conduits, masts, manholes, and cabinets;
(c)         
Exploitation of
potential synergies between the roll-out of broadband networks and other
utilities networks (energy, transport, water, sewerage, etc), in particular
those related to smart electricity distribution.
The deployment of broadband
networks to connect island, landlocked and peripheral regions with central
regions of the Union, including where necessary submarine cables, will be supported
where it is essential to ensure access by isolated communities to broadband at
30 Mbps and above. This support should complement other funds, whether EU or
national, available for this purpose. 
For the avoidance of doubt,
services providing, or exercising editorial control over, content transmitted
using electronic communications networks and services and information society
services as defined in Article 1 of Directive 98/34/EC, which do not consist
wholly or mainly in the conveyance of signals on electronic communications
networks, are not covered by the scope of the actions contributing to the
project of common interest in the field of broadband networks. 
Beneficiaries of EU support
for the project of common interest in the area of broadband include, but are
not limited to:
(a)         
Telecom operators
(incumbent, whether investing directly or through a subsidiary or new-entrant)
launching investments in fast and ultra fast broadband networks. 
(b)         
Utility companies
(e.g. water, sewage, energy, transport), which are expected to invest in
passive broadband networks, either alone or in partnership with operators. 
(c)         
Regional decision
makers, including municipalities, who may establish concessions for broadband
infrastructures. Equipment providers may be interested in such an arrangement,
via the creation of a special purpose company. 
(d)         
Partnerships between
several operators active in wired and wireless markets to build new generation
of infrastructures. 
In building the portfolio
due account shall be taken of Member States' investment needs in terms of the
number of households to be connected with the support of the Connecting Europe
Facility. 
In addition, high speed
connections to public internet access points, notably in public facilities,
such as schools, hospitals, local government offices and libraries, shall also
be supported.
Section3. Digital Service
Infrastructures
The implementation of
digital service infrastructures shall contribute to the realisation of digital
single market by removing existing bottlenecks in terms of service deployment.
This will be achieved through the creation and/or enhancement of interoperable
digital service infrastructure platforms, accompanied by essential basic
digital service infrastructures. It shall rely on a two-layer approach: 
(1)         
Core service
platforms are the central element(s) or hub(s) of the digital service
infrastructures essential to ensure trans-European connectivity, access and
interoperability. This may also encompass physical equipment, such as servers,
dedicated networks and software tools. Core service platforms are open to
entities in all Member States.
(2)         
Generic services
provide the functionality and content of digital service infrastructures. They
may be interconnected through a core service platform. 
The projects of common
interest in the field of digital service infrastructures are the following:
Trans-European high-speed
backbone connections for public administrations 
A public trans-European
backbone service infrastructure will provide very high speed and connectivity
between public institutions of the EU in areas such as public administration,
culture, education and health. This backbone infrastructure will support public
services of European value through controlled quality of services and secure
access. It will therefore guarantee a digital continuum of public service
provisioning for the greater benefit of citizens, businesses and
administrations. It will allow demand aggregation for connectivity, reaching
critical mass and reducing costs.
Core service platform: 
The infrastructure will be
based on the existing Internet backbone and where necessary new networks will
be deployed. Connections will be made directly or through regionally- or
nationally-managed infrastructures. In particular it will provide connectivity
for other trans-European services inter alia those mentioned in this Annex.
This infrastructure will be fully integrated in the Internet as a key capacity
for trans-European public service and will support the adoption of emerging
standards (e.g. Internet protocols such as IPv6[22]).
Dedicated underlying infrastructure for connecting public administrations may
be considered if necessary for security reasons. 
Generic services: 
The integration of the core
platform into the European public services will be facilitated by the
deployment of generic services: authorisation, authentication, inter-domain
security and bandwidth on demand, federation of services, mobility management,
quality control and performance control, integration of national
infrastructures. 
Interoperable 'cloud
computing' service will provide the backbone infrastructure functionality on
which clouds for trans-European public services can be offered. This includes
network-type of trans-European services such as video-conference, virtualised storage
and supporting computing-intensive applications, including those related to
other projects of common interest. 
Cross-border delivery of
eGovernment services
eGovernment refers to the
digital interaction between public authorities and citizens, public authorities
and businesses and organisations, and among public authorities of different
countries. Standardised, cross-border, and user-friendly interaction platforms
will generate efficiency gains both throughout the economy and in the public
sector and will contribute to the Single Market.
Core service platform: 
Interoperable electronic
identification and authentication across Europe. A set of connected and secured
authentication servers and protocols that ensure interoperability of the
variety of authentication and identification and authorization systems that
exist in Europe will be deployed. This platform will enable citizens and
businesses to access online services when needed for example to study, work,
travel, get health care or do business abroad. It will constitute the core
layer for all those digital services for which electronic identification and
authentication are needed: e.g. electronic procurement, online health services,
standardised business reporting, electronic exchange of judicial information,
trans-European online company registration, e-Government services for
businesses, including communication between business registers relating to
cross-border mergers and foreign branches. This platform may also use resources
and tools of the multilingual core platform.
Generic services: 
(a)         
Electronic procedures
for setting up and running a business in another European country: This service
will allow dealing with all necessary administrative procedures electronically
across borders through Points of Single Contact. This service is also a
requirement the Directive 2006/123/EC on services in the internal market. 
(b)         
 Interoperable
cross-border electronic procurement services: This service will enable any
company in the EU to respond to European public tenders from any Member State
covering pre-award and post-award electronic procurement activities,
integrating activities such as Electronic Submission of offers, Virtual Company
Dossier, eCatalogues, eOrders and eInvoices. 
(c)         
 Interoperable
cross-border e-Justice services: This service will enable the online
cross-border access of citizens, businesses, organisations and legal
practitioners to legal means/documents and judicial procedures. It will enable
the online cross border interaction (via online data and document exchange)
between legal authorities in different Member States and improve with this the
ability to process cross border legal cases more efficiently;
(d)         
Interoperable cross
border eHealth services: These services will enable the interaction between citizens/patients
and health care providers, institution-to-institution and
organization-to-organization transmission of data, or peer-to-peer
communication between citizens/patients and/or health professionals and
institutions. The infrastructure to be deployed will comply with the principles
of data protection as set out, in particular, in Directives 95/46/EC and
2002/58/EC, as well as with international and national ethical rules related to
the use of patient health records and other personal data. 
The services will comprise cross border access to electronic health records and
electronic prescription services as well as remote health/assisted living
tele-services, cross border multi lingual semantic services linked to the
multilingual core platform, access to social security information building on
the EESSI (Electronic Exchange of Social Security Information) infrastructure,
etc.
(e)         
European Platform for
the interconnection of European business registers: This facility will provide
a set of central tools and services enabling business registers in all Member
States to exchange information on registered businesses, their branches,
mergers and wind-ups. It will also provide a multi-country and multilingual
search service for users using a Central Access Point accessible via the
e-Justice portal.
Enabling access to public
sector information and multilingual services
Access to digital resources
of European heritage
The objective of this
infrastructure is to make available large collections of European cultural resources
in digital form and foster their re-use by third parties, in full compliance
with copyright and related rights.
Core service platform: 
The development of the core
service platform will build on the current Europeana portal. The platform –
which requires the development, operations and administration of distributed
computing, data storage facilities and software - will provide a single access
point to European cultural heritage content at item level, a set of interface
specifications to interact with the infrastructure (search for data, download
data), support for the metadata adaptation and ingestion of new content, as
well as information on conditions for reuse of the content accessible through
the infrastructure. 
It will also provide the
means for establishing an interaction with content providers, users (citizens
accessing the portal) and re-users (creative industries), for the promotion of
the platform, coordination of related networks and information exchange. 
Generic services:
(a)         
Aggregation of content
held by cultural institutions and private content holders in the Member States 
(b)         
Crowd-sourcing
facilities encouraging interactivity and enabling users to make an active
contribution to the site
(c)         
User-friendly
services for the portal addressing issues such as search and browsing
improvements as well as cross-language access
(d)         
Exchange of rights
information and licensing infrastructures; 
(e)         
Competence centres on
digitisation and preservation of digital cultural heritage
(f)           
Content repositories
for cultural institutions and user-generated content and their long-term
preservation
Access to re-usable public
sector information
This digital service
infrastructure will enable access for re-use to disclosable information held by
the public sector in the EU. 
Core service platform: 
Distributed computing, data
storage and software facilities will provide: single access point to
multilingual (all EU official languages) datasets held by public bodies in the
EU at European, national, regional and local level; query and visualisation
tools of the data sets; assurance that the available datasets are licensed to
be published and re-distributed, including a data provenance audit trail; a set
of application programming interfaces for software clients to interact with the
infrastructure (search for data, gather statistics, download data) for the
development of third-party applications. It shall also allow for collection and
publication of statistics about the operation of the portal, the availability
of data and applications and the way in which they are used.
Generic services:
Gradual extension of the
access to all datasets held and made public by virtually all public
administrations within the EU, including multilingual search, which will be
achieved by the following: 
(a)         
aggregation of
international/EU/national/regional/local datasets;
(b)         
interoperability of
datasets, including legal and licensing issues, to enable better re-use; 
(c)         
interface to open
data infrastructures in third countries; 
(d)         
data repositories and
long-term preservation services.
Multilingual access to
online services 
This service infrastructure
will enable any current and future online service providers to offer their
content and services in the widest range of EU languages in the most
cost-effective way.
Core service platform:
The platform will enable
acquiring, maintaining and making available large collections of live language
data and reusable language processing tools. It will cover all EU languages and
will comply with the relevant standards and agreed service and legal
requirements. The platform will allow for flexible addition, curation and
refinement of language data and tools by contributors, and ensure easy, fair
and secure access and repurposing of such resources by organisations offering
or developing language-enabled services. The platform will also support
cooperation and interworking with similar initiatives and data centres,
existing or forthcoming, within and outside the EU.
Generic services:
The platform will be
populated with a broad range of reusable data and software resources, covering
all EU languages. It shall assemble, harmonise and integrate such data and
software elements within a distributed service infrastructure. It shall make
available and in some areas develop or extend data and software resources to be
used as building blocks to develop, customise and deliver multilingual services
or multilingual gateways to online services.
Safety and security 
Safer internet service
infrastructure
The support will provide
integrated and interoperable services at European level, based on shared
awareness, resources, tools and practices and aimed at empowering children,
their parents and carers, and teachers to make the best use of the Internet. 
Core service platform: 
The core service platform
will allow for acquiring, operating and maintaining shared computing
facilities, databases and software tools for the Safer Internet Centres (SICs)
in the Member States, as well as back-office operations to handle the reporting
on sex abuse content including the link with policy authorities including
international organisations such as Interpol, and when appropriate, the
handling of the take down of this content by the relevant web sites. This will
be supported by common databases. 
Generic services:
(a)         
Help-lines for children,
parents and carers on the best means for kids to use the Internet avoiding
threats from harmful and illegal contents and behaviours, and the supporting
back-office infrastructure. 
(b)         
Hotlines for
reporting on illegal child sex-abuse content on the Internet
(c)         
Tools to ensure
access to age-appropriate content and services, 
(d)         
Software that allows
easy and fast reporting of illegal content and its takedown, as well as
reporting of grooming and bullying.
(e)         
software systems that
allow better identification of (not reported) child sexual abuse content on the
internet as well as technologies to support police investigations, especially
with a view to identifying child victims, perpetrators and commercial trading
of such content. 
Critical Information
Infrastructures
Communication channels and
platforms will be developed and deployed in order to enhance the EU-wide
capability for preparedness, information sharing, coordination and response.
Core service platform: 
The core service platform
will consist of a network of National/Governmental Computer Emergency Response
Teams (CERTs) based on a minimum set of baseline capabilities. The network will
provide the backbone of a European Information Sharing and Alert System (EISAS)
for EU citizens and SMEs. 
Generic services:
(a)         
Proactive services –
technology watch and dissemination and sharing of security-related information;
security assessments; providing guidelines on security configuration; providing
intrusion detection services;
(b)         
Reactive services –
incident handling and response; issuing alerts and warnings; vulnerability
analysis and handling, artefact handling (proving high-quality alerts on new
malware and other artefacts).
Deployment of information
and communication technology solutions for intelligent energy networks and for
the provision of Smart Energy Services
Smart energy services use
modern information and communication technologies to meet the needs of citizens
(who can be producers as well as consumers of energy), energy providers and
public authorities. Smart energy services cover the interaction between
citizens and energy providers, organization-to-organization data transmission,
and peer-to-peer communication between citizens. They open up opportunities for
existing and new actors in both the telecoms and the energy markets (e.g.
Energy Service Companies ESCOs). They can also enable companies and citizens to
trace the greenhouse gas emissions of their purchase decisions.
Core Service Platforms 
Communications
infrastructure, typically deployed by utilities in partnership with telecom
operators, as well as the necessary IT hardware to be embedded in energy
components (e.g. substations). They also include the core services that enable
monitoring of assets, control for power management, automation and data
management and communication between the different actors (service providers,
network operators and other utilities, consumers, etc). 
Generic Services:
Generic Services will be
typically delivered by a wide range of new and innovative actors, such as
energy service providers, ESCOs, energy aggregators facilitating especially the
entry of different types of local SMEs and preventing monopolisation of the
retail market.
They will make available
the functionality for customers to manage their energy demand, their renewable
energy sources and their storage capacity, with the aim of optimising their
energy use, reducing energy bills and greenhouse emissions, while ensuring data
privacy and security. 
(a)         
Smart metering
infrastructure to measure and communicate information on energy consumption.
Generic Services also include customer premises energy management equipment,
i.e. IT hardware devices associated to home area networks that are connected to
the smart meter
(b)         
Software agents
able to decide when to buy/sell energy, when to switch on/off appliances in
function of price signals from the energy provider, weather forecast
information, data management and communication, control and automation devices
and their networked solutions.
[1]               COM(2010)
2020.
[2]               COM(2010) 245.
[3]               COM(2011)
500/I final and COM(2011) 500/II final (Policy Fiches).
[4]               OJ C […], […], p. […].
[5]               Figures are provided in constant 2011 prices.
[6]               OJ C […], […], p. […].
[7]               OJ C […], […], p. […].
[8]                      COM(2010) 245 final/2.
[9]                      OJ […], […], p. […].
[10]                    Annex II of COM(2011) 744final
[11]                    Decision No 922/2009/EC of the European Parliament
and of the Council on interoperability solutions for European public
administrations (ISA); OJ L 260, 3.10.2009, p. 20.
[12]                    2013/C 33 E/09
[13]             COM(2010) 245 final/2.
[14]             COM(2010) 472.
[15]             COM(2011) 500 final.
[16]             OJ […], […], p. […].
[17]             L 251, 25.9.2010, p. 35.
[18]             OJ L 260, 3.10.2009, p. 20.
[19]             OJ L 88, 4.4.2011, p. 45.
[20]             OJ L 183, 11.7.1997, p. 12.
[21]             As set out in Article 11 (e) of
the Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development
Fund, the European Social Fund, the Cohesion Fund, the European Agricultural
Fund for Rural Development and the European Maritime and Fisheries Fund covered
by the Common Strategic Framework and laying down general provisions on the
European Regional Development Fund, the European Social Fund and the Cohesion
Fund and repealing Regulation (EC) No 1083/2006. COM(2011)
615 final
[22]             Reference to ipv6
communication: COM(2008)313 advancing the Internet, action plan for the
deployment of Internet Protocol version 6 (IPv6) in Europe.