51998AP0234

A4-0234/98

Proposal for a Council Decision adopting a multiannual Community action plan on promoting safe use of the Internet (COM(97)0582 - C4-0042/98 - 97/0377(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a Council Decision adopting a multiannual Community action plan on promoting safe use of the Internet

>Text following EP vote>

Proposal for a

European Parliament and Council Decision adopting a multiannual Community action plan on promoting safer use of the Internet

(Amendment 2)

Citation 1

>Original text>

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

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular Article

129a(2) thereof,

(Amendment 3)

Recital 2

>Original text>

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

>Text following EP vote>

(2)

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

(Amendment 4)

Recital 2a (new)

>Original text>

>Text following EP vote>

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

(Amendment 5)

Recital 3

>Original text>

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

>Text following EP vote>

(3)

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

(Amendment 6)

Recital 16

>Original text>

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

>Text following EP vote>

(16)

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

(Amendment 7)

Recital 18

>Original text>

(18) Whereas it is important to identify accurately the chain of responsibilities in order to place the liability for illegal content on those who create it; whereas it is inevitable to this effect to have at least common European, if not global standards, given that the Internet is by its nature cross-national, as underlined by the Ministerial declaration adopted during the Bonn Conference (point 41 et seq.);

>Text following EP vote>

(18)

Whereas it is important to identify accurately the chain of responsibilities in order to place the liability for illegal content on those who create it or distribute it deliberately; whereas it is indispensable for this purpose to have common European standards compatible with global standards, given that the Internet is by its nature cross-national, as underlined by the Ministerial declaration adopted during the Bonn Conference (point 41 et seq.);

(Amendment 8)

Recital 27a (new)

>Original text>

>Text following EP vote>

(27a) Whereas, as referred to in the European Parliament's resolution of 24 October 1996 on the draft general budget of the European Communities for the financial year 1997 - Section III - Commission(1), there is an agreement between Parliament and the Commission on information and the presence of European Parliament representatives at the proceedings of Commission committees;

____________

(1) OJ C 347, 18.11.1996, p. 125.

(Amendment 9)

Article 1(1)

>Original text>

1. The multiannual Community action plan on promoting safe use of the Internet ('the action plan'), as described in Annex I to this decision, is adopted.

>Text following EP vote>

1.

The multiannual Community action plan on promoting safer use of the Internet ('The Action Plan'), as described in Annex I to this decision, is adopted.

(Amendment 10)

Article 2

>Original text>

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

>Text following EP vote>

The action plan has the objective of encouraging

, at European level, an environment favourable to the development of the Internet industry by promoting safe use of the Internet complementing other measures financed by the Community budget in response to the impact of new technologies on the general public.

(Amendment 11)

Article 3, first indent

>Original text>

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

>Text following EP vote>

-

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

(Amendment 12)

Article 3, fourth indent

>Original text>

- support actions such as assessment of legal implications,

>Text following EP vote>

-

support actions such as assessment of legal implications, and adoption of guidelines regarding the responsibility of each body involved for the content of the Internet and for combating its harmful and illegal content,

(Amendment 13)

Article 3, sixth indent a (new)

>Original text>

>Text following EP vote>

- supporting initiatives, including websites for information and assistance, by organizations that are active in the protection of human and citizens¨ rights, and in counteracting violence and the abuse of women and children;

(Amendment 14)

Article 5

>Original text>

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

>Text following EP vote>

1.

The Commission shall be assisted by a committee of an advisory nature composed of one representative per Member State and chaired by the representative of the Commission.

>Original text>

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

>Text following EP vote>

2.

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

>Original text>

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

>Text following EP vote>

3.

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

>Original text>

4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Text following EP vote>

4.

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which it has taken that opinion into account.

(Amendment 15)

Article 6(4)

>Original text>

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

>Text following EP vote>

4.

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

(Amendment 16)

Annex I, introduction, 2nd paragraph, fourth indent

>Original text>

- foster cooperation and exchange of experiences and best practices,

>Text following EP vote>

-

foster cooperation and exchange of experiences and best practices at European and international levels,

(Amendment 17)

Annex I(1.2), third paragraph

>Original text>

Under this action line, it is foreseen to develop guidelines at European level for codes of conduct, to build consensus for their application, and support their implementation. This action will be carried out through a call for tender to select organizations that can assist self-regulatory bodies to develop and implement codes of conduct. Measures will be taken to carefully monitor progress. This will be done in close coordination with the promotion of common guidelines for the implementation, at national level, of a self-regulation framework as advocated by the Council recommendation on protection of minors and human dignity.

>Text following EP vote>

Under this action line, it is foreseen to develop guidelines at European level for codes of conduct, to build consensus for their application, and support their implementation. This action will be carried out through a call for tender to select organizations that can assist self-regulatory bodies to develop and implement codes of conduct.

In connection with the adoption of these rules, a European quality labelling system will also be worked out for suppliers of Internet services that comply with these rules. Measures will be taken to carefully monitor progress. This will be done in close coordination with the promotion of common guidelines for the implementation, at national level, of a self-regulation framework as advocated by the Council recommendation on protection of minors and human dignity.

(Amendment 18)

Annex I(2), second paragraph

>Original text>

The measures under this action line will focus on demonstrating the potential and the limitations of filtering and rating systems in a real world environment, with the objective of encouraging establishment of European systems and familiarizing users with their use. Filtering and rating schemes must be internationally compatible and interoperable and developed with full cooperation of representatives of industry, consumers and users.

>Text following EP vote>

The measures under this action line will focus on demonstrating the potential and the limitations of filtering and rating systems in a real world environment, with the objective of encouraging establishment of

internationally compatible systems and familiarizing users with their use. Filtering and rating schemes must be internationally compatible and interoperable and developed with full cooperation of representatives of industry, consumers and users.

(Amendment 19)

Annex I(2.1), first paragraph

>Original text>

Rating systems will be stimulated which are relevant to European requirements and which ensure that filtering and rating is implemented in a way which provides workable options in practice for users, parents and teachers. In order to build critical mass, a wide coverage of sites should be obtained. Action will therefore be taken to stimulate use of rating by content providers. Rating carried out by independent third parties ensures a standard approach to content rating and deals with cases where the content provider fails to rate properly. There is a need to meet specific requirements of business, institutional or educational users as well as those of end users not met by the content provider's rating system.

>Text following EP vote>

Rating systems will be stimulated which are

internationally compatible, relevant to European requirements and which ensure that filtering and rating is implemented in a way which provides workable options in practice for users, parents and teachers. In order to build critical mass, a wide coverage of sites should be obtained. Action will therefore be taken to stimulate use of rating by content providers. Rating carried out by independent third parties ensures a standard approach to content rating and deals with cases where the content provider fails to rate properly. There is a need to meet specific requirements of business, institutional or educational users as well as those of end users not met by the content provider's rating system.

(Amendment 20)

Annex I(2.1), second paragraph

>Original text>

Following a call for proposals, projects will be selected to validate rating systems in relation to European content, to encourage integration of rating into the content creation process and to demonstrate benefits of these technical solutions. Emphasis will be placed on usefulness and practicality in 'real-world' situations involving a large cross-section of typical users.

>Text following EP vote>

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

the benefits of these technical solutions. Emphasis will be placed on usefulness and practicality in 'real-world' situations involving a large cross-section of typical users. This also includes tests as to the security of filtering software against attempts to bypass or deactivate it.

(Amendment 21)

Annex I(3), fifth paragraph

>Original text>

Electronic distribution of material should be supplemented by more widespread traditional packages for use in schools and libraries. The awareness initiatives will take advantage of the awareness actions carried out under other programmes, in particular the MIDAS-NET established under INFO2000.

>Text following EP vote>

The awareness initiatives will take advantage of the awareness actions carried out under other programmes, in particular the MIDAS-NET established under INFO2000.

(Amendment 22)

Annex I(3.2), third paragraph

>Original text>

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

>Text following EP vote>

Actions aimed at teachers will include preparation and distribution of specific

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

(Amendment 23)

Annex I(4.1), second paragraph a (new)

>Original text>

>Text following EP vote>

This assessment should also focus on:

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

>Original text>

>Text following EP vote>

- which substantive provisions of criminal law in the Member States and in the framework of international agreements ought to be approximated in qualitative terms (e.g. child protection age, definition of content which is subject to prosecution, liability to prosecution in respect of links to offerings whose content is subject to prosecution);

>Original text>

>Text following EP vote>

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

>Original text>

>Text following EP vote>

- the extent to which changes are needed to police law in Member States in order to allow preventive action in relation to Internet content which is subject to prosecution.

>Original text>

>Text following EP vote>

Police officers' experience should also be included in this assessment.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision adopting a multiannual Community action plan on promoting safe use of the Internet (COM(97)0582 - C4-0042/98 - 97/0377(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal, COM(97)0582 - 97/0377(CNS) ((OJ C 48, 13.2.1998, p. 8.)),

- having been consulted by the Council pursuant to Article 130(3) of the EC Treaty (C4-0042/98),

- whereas the legal basis proposed by the Commission is inappropriate; whereas reference should be made to Article 129a(2) of the EC Treaty,

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Culture, Youth, Education and the Media and the Committee on Women's Rights and the opinion of the Committee on Legal Affairs and Citizens' Rights approving the change in the legal basis to Article 129a(2) of the EC Treaty (A4-0234/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this resolution to the Council and Commission.