Tag Archives: Access to information

Online access to Europe’s cultural heritage

Online access to Europe’s cultural heritage

Outline of the Community (European Union) legislation about Online access to Europe’s cultural heritage

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Online access to Europe’s cultural heritage

Europeana, the European digital library, which will provide the public with a single access point to Europe’s cultural heritage. The main issues addressed concern digitisation, online accessibility and digital preservation of cultural material.

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 11 August 2008 – Europe’s cultural heritage at the click of a mouse: Progress on the digitisation and online accessibility of cultural material and digital preservation across the EU [COM(2008) 513 final – Not published in the Official Journal].

Summary

This Communication sets out the progress achieved thus far and the steps that still need to be taken in order to develop Europeana, the European digital library. Particular emphasis is on the actions carried out by Member States to implement the Commission Recommendation 2006/585/EC of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation, which was endorsed in the Council Conclusions of 20 November 2008.

Europeana will be a common multilingual point of access to digitised European material. In 2007, its development received new impetus, especially through the creation of the European Digital Library Foundation that brings together different cultural sectors. The demo site of Europeana was published in February 2008 with the aim that the prototype will be launched in November of the same year. This prototype is to be developed into a fully operational service within the following two years.

The issues yet to be addressed in the development of Europeana include the:

  • incorporation of in-copyright material;
  • provision of multilingual search and retrieval functions;
  • integration of collaborative tools;
  • promotion of Europeana to the wider public.

On the basis of the above-mentioned Recommendation, Member States have progressed on the following:

  • digitisation – Most Member States have established overviews of digitisation activities, as well as strategies and plans for digitisation. However, the overviews are not used in any systematic manner and the strategies and plans do not provide quantitative targets. Further efforts are needed in these areas, as well as in financial planning. While some of the Member States have provided substantial amounts of resources to digitisation, additional funding is needed. This could be achieved through public-private partnerships or through private sponsoring. It is also essential that the output of digitisation continues to rise. To this end, many Member States have established digitisation centres;
  • online accessibility – Many of the Member States have either established or are establishing national portals, which may act as aggregators for Europeana. Most are also working on the standards that are essential for interoperability in Europe. In order to make the availability of in-copyright material possible, some Member States have begun to involve private content holders in their work. With regard to orphan works though, progress seems to be limited. In this regard, some Member States expressed their wish for a European level solution. Similarly, little progress has been made in connection with clearing rights for digitising and making available online works that are out of print or distribution, or to barriers to the use of public domain works. More attention should be given in particular to the latter issue, as it is imperative to continue providing access to such works;
  • digital preservation – Most Member States have begun to formulate digital preservation strategies and some have already established specific preservation plans; yet, the follow-up and financial backing to these remain limited. Multiple copying for preservation purposes is already allowed in most of the Member States, and even the remaining Member States are contemplating the necessary legislative actions. Similarly, the legal deposit legislation is already updated in most Member States, but the differences in materials covered and the deposit criteria are substantial. Many of the Member States have also implemented legislation relating to web harvesting by specified institutions (usually the national library). Otherwise, access to web-harvested material remains restricted due to intellectual property and privacy rights.

Even though Member States have progressed considerably in making cultural information available online, further action needs to be taken in particular with regard to:

  • funding of and quantitative targets for digitisation;
  • support for Europeana;
  • legislative actions and other measures to enable the digitisation and accessibility of orphan works and works that are out of print or distribution;
  • financial and organisational measures relating to digital preservation.

The High Level Expert Group on Digital Libraries, set up in 2006, has given practical assistance to Member States in implementing the above Recommendation. The Group’s work focuses in particular on public-private partnerships, scientific information and copyright issues.

In order to develop the services provided by Europeana, advancements in technical issues are needed, especially to achieve cheaper and better quality digitisation and preservation techniques. The Commission has supported this progress through the Framework Programmes for Research and Development and the eContentplus programme. It has asserted its commitment to continue providing support through policy initiatives and funding programmes for the development of Europeana and other projects that improve the accessibility and preservation of digital cultural material.

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – “Europeana: next steps” [COM(2009) 440 final – Not published in the Official Journal.
This Communication sets out the challenges to come concerning the implementation of Europeana.
Europeana’s results are positive, in that it gives access to more than 4.6 million digitised books, newspapers, film clips, maps, photographs and documents and receives contributions from more than 1,000 cultural institutions.
However, the Communication notes several problems connected with:

  • an imbalance between Member States in terms of the provision of cultural material. France has contributed 47% of the digitised objects, while other Member States such as Poland and Hungary have contributed mainly books;
  • copyright, in that recent works enjoy protection which limits access to them, unlike works from before 1900. It is important to establish collaboration with rightholders in order to improve access to protected works. Another challenge lies in the legal consequences of digitisation;
  • the financing and governance of Europeana.

Further efforts are therefore necessary in order to ensure that citizens can enjoy the services of Europeana fully.

Council conclusions of 20 November 2008 on the European digital library Europeana [Official Journal C 319 of 13.12.2008].
In its conclusions the Council of the European Union expressed satisfaction with the gradual establishment of the Europeana European library and the commitment of Member States to this project. In order for the project to be a success, the Council invites Member States to:

  • continue their strategy of implementation of their national objectives;
  • promote synergies between them in the process of digitisation and increasing online accessibility of cultural material;
  • incorporate digital cultural material in Europeana;
  • facilitate digitisation and online access to orphan works.

The European Commission is invited to encourage the development of Europeana and to promote it in Europe and the world, as well as to encourage the establishment of public-private partnerships to develop it.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Youth mobility

Youth mobility

Outline of the Community (European Union) legislation about Youth mobility

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Youth mobility

Document or Iniciative

Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 21 November 2008 on youth mobility [Official Journal C 320 of 16.12.2008].

Summary

The mobility of young people is essential in promoting a sense of belonging to Europe, enhancing social and occupational integration, and ensuring a competitive European economy. However, the mobility of young people is not widespread, regardless of the success of the Erasmus programme.

All young people in Europe should have opportunities for mobility. This should consist of physical mobility, whereby the young person will stay in another European country to study, do an internship, volunteer or carry out other training. In the educational context, “virtual mobility” may also contribute to the mobility of young people. Through mobility, young people may develop their skills and competences, thus improving their versatility and employability.

A European policy for mobility should be cross-cutting, provide for the arrangements with which opportunities for mobility are prepared and supported, and promote the recognition of learning outcomes from periods of mobility and the development of opportunities for mobility for teachers and trainers. Young people coming from disadvantaged backgrounds or having special needs must receive particular consideration.

In light of the above, Member States are encouraged to:

  • provide further opportunities for cross-border mobility within education, training and volunteering, thereby transforming mobility into a widespread phenomenon;
  • take steps to attain the objectives of the current European Union (EU) programmes for education, youth, culture, citizenship and research;
  • build on the work of the High Level Expert Forum in order to facilitate the participation of all young people in mobility schemes and enhance the mobility of all educational staff;
  • take action at various levels and in partnership with various stakeholders to increase opportunities for mobility.

The Member States and the Commission are invited to set out measures to remove possible barriers to mobility and to ensure the recognition of cross-border mobility periods. In particular, they should:

  • develop scope for mobility by promoting active coordination between stakeholders so that the management of public sector support is enhanced, taking advantage of relevant EU programmes, considering the needs of disadvantaged youth and encouraging the establishment of new opportunities for mobility;
  • inform about mobility programmes by disseminating information via various means to young people and their families, educational staff and youth workers, as well as by supporting the implementation of relevant EU programmes;
  • simplify procedures for implementing the EU programmes, for creating the financial incentive strategies and for enhancing the recognition of learning outcomes from periods of mobility;
  • provide funding sources for mobility through appropriate Community financial instruments such as the Structural Funds and by promoting funding from public and private sectors, with particular support given to disadvantaged youth and youth with special needs;
  • enhance the application of the European Quality Charter for Mobility principles in mobility schemes by promoting the exchange of best practices concerning reception conditions, the provision of proper living and working conditions as well as preparation for mobility, in particular from a linguistic and cultural point of view;
  • increase knowledge of youth mobility through comparable statistics and survey results, as well as by conducting impact assessments on the cultural, educational and professional benefits of mobility.

Furthermore, the Commission is invited to set up a work plan for the incorporation of cross-border mobility into other EU programmes. Information on these programmes should then be disseminated as widely as possible, in order to promote them among young people. To this end, national “one-stop-shops” and a European youth mobility portal should be created. In addition, the Commission must provide a mid-term report on the developments of youth mobility in Europe before the end of 2010, followed by regular reports. Finally, the Commission is requested to provide national authorities and other stakeholders with a guide on European policies that may be used to support mobility, as well as to investigate new financial support mechanisms.

Background

The European Council decided in March 2008 to establish a “fifth freedom” whereby barriers to the free movement of knowledge would be removed. This also entails improved cross-border mobility of students, researchers, scientists and educational staff.

Guidelines for trans-European telecommunications networks

Guidelines for trans-European telecommunications networks

Outline of the Community (European Union) legislation about Guidelines for trans-European telecommunications networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Regional policy > Management of regional policy > Trans-european networks

Guidelines for trans-European telecommunications networks

Document or Iniciative

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 [Official Journal L 183 of 11.07.1997]. [See amending acts].

Summary

In this Decision, the European Parliament and the Council establish guidelines covering the objectives, priorities and broad lines of action proposed for trans-European networks. These guidelines set out the areas selected for projects of common interest and establish a procedure for the identification of specific projects of common interest in these areas.

The following priorities are established for the achievement of the objectives set out in point 1 above:

  • study and validation of technical and commercial feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest;
  • study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information across the whole Union, building on European cultural diversity;
  • stimulation of trans-boundary interregional initiatives and of initiatives involving regions, in particular the less favoured ones, for the launch of trans-European telecommunications services and applications;
  • study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level;
  • identification, study and validation of technical and commercial feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level;
  • study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of such networks;
  • identification and removal of gaps and missing links for effective interconnection and interoperability of all components of telecommunications networks in Europe and at world level, with particular emphasis on IBC networks.

The broad lines of measures to be implemented for achieving the objectives defined in point 1 will cover:

  • identification of projects of common interest by the establishment of a work programme;
  • action aiming at increasing the awareness of citizens, economic operators and administrations about the benefits they can draw from the new advanced trans-European telecommunications services and applications;
  • action aiming at the stimulation of combined initiatives from users and providers for the launch of projects in the field of trans-European telecommunications networks, in particular IBC networks;
  • support, within the framework of the methods laid down by the Treaty, for action to study and validate the feasibility, followed by the deployment, of applications, in particular applications of collective interest, and encouragement of the establishment of public/private collaboration, in particular through partnerships;
  • stimulation of the supply and use of services and applications for SMEs and professional users;
  • promotion of the interconnectivity of networks, the interoperability of broadband services and applications and the infrastructure they require, in particular for multimedia applications, and interoperability between existing services and applications and their broadband counterparts.

The projects designated are eligible for Community support in accordance with the provisions of the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks.

Member States shall take all measures required at national, regional or local level to facilitate and accelerate the implementation of the projects of common interest in accordance with Community rules.

The Commission shall report every three years on the application of this Decision to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Annex 1 to the Decision defines the three-layer model which is the most appropriate way of describing trans-European telecommunications networks:

  • The “applications” level caters for user needs, taking into account cultural and linguistic differences and, in particular, the accessibility requirements of disabled people. These applications also seek to cater for the specific needs of less developed or less populated regions.
    The areas concerned are the following: a) e-government and e-administration: (e.g. e-procurement activities, personal security, environment and tourism, business support for SMEs and participation in the democratic decision-making process); b) improved access to health services and improvements in the quality of care (e.g. networking of health care institutions, actions on disease prevention and health promotion); c) education and culture (e.g. new ways of presenting educational and cultural information, life-long learning and participation of older people and people with disabilities in the information society).
  • The “generic services” level provides common tools for the development and implementation of new applications based on interoperable standards.
    The areas concerned are the following: a) the mobile services (e.g. for the 2.5-3G mobile networks: guidance and navigation, security, invoicing, emergency services, health, teleworking, learning and culture); b) services in the public interest aimed at all aspects of security (e.g. networking of the national CERT systems).
  • The “interconnection and interoperability of networks” level promotes the interconnection, interoperability and security of networks underpinning the operation of specific public interest applications and services.

The Community is taking additional back-up and coordinating measures with a view to creating the appropriate environment for the realisation of these projects. The actions will contribute to programme awareness, and to consensus development centred on European, national, regional and local activities designed to stimulate and promote the new services and applications. They will necessitate consultation with European standardisation and planning bodies, involving essentially:

  • strategic studies on the formulation of target specifications and the transition towards their application, in order to help players in the sector to make sound economic investment decisions;
  • definition of means of accessing broadband networks;
  • establishment of common specifications based on European and world standards;
  • intensification of public and private partnerships (PPP);
  • coordination of these activities with related Community and national programmes.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 1336/97/EC 31.7.1997 OJ L of 11.7.1997
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Decision No 1375/2002/EC 19.8.2002 OJ L 200 of 30.7.2002

Integrated pollution prevention and control

Integrated pollution prevention and control

Outline of the Community (European Union) legislation about Integrated pollution prevention and control

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Integrated pollution prevention and control (until 2013)

Document or Iniciative

Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control.

Summary

This Directive (“the IPPC Directive”) requires industrial and agricultural activities with a high pollution potential to have a permit. This permit can only be issued if certain environmental conditions are met, so that the companies themselves bear responsibility for preventing and reducing any pollution they may cause.

Integrated pollution prevention and control concerns new or existing industrial and agricultural activities with a high pollution potential, as defined in Annex I to the Directive (energy industries, production and processing of metals, mineral industry, chemical industry, waste management, livestock farming, etc.).

Mandatory environmental conditions

In order to receive a permit an industrial or agricultural installation must comply with certain basic obligations. In particular, it must:

  • use all appropriate pollution-prevention measures, namely the best available techniques (which produce the least waste, use less hazardous substances, enable the substances generated to be recovered and recycled, etc.);
  • prevent all large-scale pollution;
  • prevent, recycle or dispose of waste in the least polluting way possible;
  • use energy efficiently;
  • ensure accident prevention and damage limitation;
  • return sites to their original state when the activity is over.

In addition, the decision to issue a permit must contain a number of specific requirements, including:

  • emission limit values for polluting substances (with the exception of greenhouse gases if the emission trading scheme applies – see below);
  • any soil, water and air protection measures required;
  • waste management measures;
  • measures to be taken in exceptional circumstances (leaks, malfunctions, temporary or permanent stoppages, etc.);
  • minimisation of long-distance or transboundary pollution;
  • release monitoring;
  • all other appropriate measures.

In order to coordinate the permit process required under the Directive and the greenhouse gas emission trading scheme, a permit issued in compliance with the Directive is not obliged to contain the emission limit values for greenhouse gases if these gases are subject to an emission trading scheme, provided there is no local pollution problem. The competent authorities can also decide not to impose energy efficiency measures targeted at combustion plants.

Permit applications

All permit applications must be sent to the competent authority of the Member State concerned, which will then decide whether or not to authorise the activity. Applications must include information on the following points:

  • a description of the installation and the nature and scale of its activities as well as its site conditions;
  • the materials, substances and energy used or generated;
  • the sources of emissions from the installation, and the nature and quantities of foreseeable emissions into each medium, as well as their effects on the environment;
  • the proposed technology and other techniques for preventing or reducing emissions from the installation;
  • measures for the prevention and recovery of waste;
  • measures planned to monitor emissions;
  • possible alternative solutions.

Without infringing the rules and practice of commercial and industrial secrecy, this information must be made available to interested parties:

  • the public, using the appropriate means (including electronically) and at the same time as information concerning the procedure for licensing the activity, the contact details of the authority responsible for authorising or rejecting the project and the possibility for the public to take part in the licensing process;
  • the other Member States, if the project is likely to have cross-border effects. Each Member State must submit this information to interested parties in its territory so that they can give their opinion.

Sufficient time must be allowed for all interested parties to react. Their opinions must be taken into account in the licensing procedure.

Administrative and monitoring measures

The decision to license or reject a project, the arguments on which this decision is based and possible measures to reduce the negative impact of the project must be made public and sent to the other Member States concerned. The Member States must, in accordance with their relevant national legislation, make provision for interested parties to challenge this decision in the courts.

The Member States are responsible for inspecting industrial installations and ensuring they comply with the Directive. An exchange of information on best available techniques (serving as a basis for setting emission limit values) is held regularly between the Commission, the Member States and the industries concerned. Reports on the implementation of the Directive are drawn up every three years.

Regulation (EC) No 166/2006, which establishes a European Pollutant Release and Transfer Register (PRTR), harmonises the rules whereby Member States have to regularly report information on pollutants to the Commission.

Background

Directive 2008/1/EC is replaced by Directive 2010/75/EU on industrial emissions. However, its provisions remain applicable until 6 January 2014.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2008/1/EC

18.2.2008

OJ L 24, 29.1.2008

The successive amendments and corrections to Directive 2008/1/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Report from the Commission of 25 October 2010 on the implementation of Directive 2008/1/EC concerning integrated pollution prevention and control and Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations [COM(2010) 593 – Not published in the Official Journal].

Universal service and users' rights

Universal service and users’ rights

Outline of the Community (European Union) legislation about Universal service and users’ rights

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Universal service and users’ rights

Document or Iniciative

Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) [Official Journal L 108 of 24 April 2002]. [See amending acts].

Summary

The Universal Service Directive is part of the “Telecoms Package” which, together with four other directives (“framework”, ” access and interconnection”, “authorisation” and “private life and electronic communications”), aims to recast the existing regulatory framework for telecommunications and to make the electronic communications sector more competitive. The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and the “Citizens’ rights”, as well as by a body of European regulators for electronic communications.

Universal service obligations

The Directive defines universal service as the “minimum set of services of specified quality to which all end-users have access, at an affordable price in the light of specific national conditions, without distorting competition”.

Availability of the universal service

Member States must ensure that the electronic communications services detailed in the Directive are made available to all users in their territory, regardless of their geographical location, at a specified quality level and an affordable price.

Provision of access at a fixed location and telephone services

A fundamental requirement of universal service is to provide users on request with a connection to the public telephone network at a fixed location and at an affordable price. The connection provided shall enable end-users to take charge of voice communications, facsimile communications and data communications, at data rates that are sufficient to permit functional Internet access, the provision of which may be restricted by Member States to the end-user’s primary residence. There should be no constraints on the technical means by which the connection is provided.

Directory enquiry services and directories

Directory enquiry services and directories. At least one comprehensive directory which is updated at least once a year must be available to end-users. Similarly, at least one directory enquiry service must be available to end-users, including users of public pay telephones.

Public pay telephones and other access points to publicly available telephone services

The national regulatory authorities (NRAs) must be able to impose obligations on undertakings to ensure that public pay telephones or other access points to publicly available telephone services are provided to meet the needs of end-users, whether in terms of geographical coverage, the number of telephones or other access points, the accessibility of such telephones to disabled users or the quality of services.

Special measures for disabled users

The term “universal” means that the Member States must ensure that disabled users enjoy a service which meets their needs and is of an equivalent standard to those enjoyed by other users. In order to achieve this, access must be the same at a functional level, such that disabled end-users can use the same services as other end-users, but through different means. Member States may require the NRAs to assess the general need and specific requirements of the type of measures particularly for disabled end-users.

Designation of undertakings

The Member States may designate one or more undertakings to guarantee the provision of universal service. The Member States may also designate different undertakings to provide different elements of universal service and/or to cover different parts of the national territory.

Affordability of tariffs

The Member States shall ensure that consumers with low incomes have access to special tariff arrangements or are given special assistance to enable them to have access to the network and to use it. The special tariffs must either be provided by the designated undertaking, or already be available on the market. Furthermore, the Member States may require undertakings which have universal service obligations to comply with price caps or to apply common tariffs, including geographical averaging, throughout the national territory.

Quality of service

The national regulatory authorities must set performance targets for undertakings with universal service obligations and monitor compliance with these targets by designated undertakings.

Financing of universal service obligations

In order to compensate for the net costs to which the provision of universal service might give rise, compensation mechanisms for operators with universal service obligations may be provided for. This may involve the introduction of a mechanism to compensate from public funds and/or a mechanism to share costs between providers of electronic communications networks and services.

Regulatory control of undertakings with significant retail market power

The aim is to strike a balance between promoting the interests of European citizens and ensuring effective competition, while providing for a minimum of regulatory intervention in order to establish a common level of rights throughout the European Community.

The national regulatory authorities must impose obligations with regard to retail services identified as not being effectively competitive, including in particular the requirement that undertakings do not charge excessive prices, inhibit market entry or restrict competition by setting predatory prices.

Users’ interests and rights

The users of electronic telecommunications services enjoy a number of rights, including in particular:

  • the right to have a contract concluded with one or more undertakings where consumers subscribe to services providing connection to the telephone network. The contract must contain a minimum set of information: the identity and address of the supplier, the types of services provided (including, in particular, if access to the emergency services is provided or not, information on all other conditions limiting access to services and applications and/or their use, and the minimum quality levels of services offered, etc.), the duration of the contract and renewal conditions, the arrangements for procedures for settling disputes, etc.;
  • the provision by operators of transparent, up-to-date information on applicable prices and tariffs;
  • the setting of minimum requirements in terms of quality of service in order to prevent the deterioration of the service and the obstruction or slowing down of traffic on the networks;
  • the publication by undertakings which offer publicly accessible electronic communications services of comparable, adequate and up-to-date information on the quality of their services;
  • the guarantee that, in the event of catastrophic network breakdown or in cases of force majeure, access to the public telephone network remains available to users;
  • the provision of operator assistance and directory enquiry services.

The single European emergency call number (112) must remain free of charge, even from public pay telephones. The undertakings involved must make caller location information available free-of-charge to the authority handling emergency calls as soon as the call reaches the aforementioned authority.

The Directive also makes it easier to change providers through the ability for users to retain their telephone number (fixed or mobile) when they change operator. Subscribers who have concluded an agreement regarding the porting of a number to a new operator must have this number activated within one working day. However, the pricing between operators and providers should not dissuade a subscriber from changing provider.

Member States shall promote specific harmonised “116” numbers for services with a social purpose, including the emergency number for “Missing children”.

Member States may impose reasonable “must carry” obligations for the broadcast of radio and television channels, in particular accessibility services aimed at ensuring suitable access for disabled end-users, on undertakings under their jurisdiction which provide electronic communications networks.

General and final provisions

Consultation with interested parties

With regard to end-users’ rights, the national regulatory authorities are required to take account of the views of end-users, consumers, manufacturers and undertakings that provide electronic communications networks and/or services. Member States shall specifically ensure that the NRAs establish a consultation mechanism which ensures that the interests of consumers, in terms of electronic communications, are duly taken into account.

Out-of-court resolution of disputes

Simple, transparent, non-discriminatory and inexpensive out-of-court procedures must be made available to users for dealing with unresolved disputes relating to universal service obligations. Where appropriate and warranted, the Member States may adopt a system of reimbursement and/or compensation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/22/EC

24.04.2002

24.07.2003

OJ L 108 of 24.04.2002

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/136/EC

19.12.2009

25.5.2011

OJ l 337 of 18.12.2009

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the second periodic review of the scope of universal service in electronic communications networks and services in accordance with Article 15 of Directive 2002/22/EC [COM (2008) 572 final – Not published in the Official Journal].

This Communication examines the concept of the universal service obligation (USO) in the electronic communications sector, as well as the scope of universal service itself.
Access to mobile communications at an affordable price has developed considerably in recent years due to the introduction of competition between mobile services. This service consequently does not meet the conditions for the application of universal service.
Broadband internet is also developing strongly due to competition between parallel infrastructures (between 2003 and 2007, broadband use by households in the European Union tripled). But broadband is also no longer covered by the current Directive. However, this report finds that access to broadband communications is not just needed for competitiveness and economic growth but is becoming a prime objective of consumer welfare and digital inclusion.
For these reasons and in order to initiate a public debate, the Commission raises the question whether universal service is an appropriate tool to advance broadband development and mobile telephony or whether these services should be left to other Community instruments or to national measures.

Access to electronic communications networks

Access to electronic communications networks

Outline of the Community (European Union) legislation about Access to electronic communications networks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Access to electronic communications networks

Document or Iniciative

Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive).

Summary

The Access Directive forms part of the “Telecoms package” which, with four other directives (“framework”, “authorisation”, “universal service” and “privacy and electronic communications”), aims to revise the existing regulatory framework and make the communications networks and services sector more competitive.

The “Telecoms Package” was amended in December 2009 by the two Directives “Better law-making” and the “Citizens’ rights”, as well as by a body of European regulators for electronic communications.

This Directive establishes rights and obligations for operators and for undertakings seeking interconnection and/or access to their networks. The principle is to allow competition rules to act as an instrument for market regulation. However, insofar as there is no effective competition on the market, the national regulatory authorities (NRA) must act, among other things by imposing obligations on operators which have significant market power.

The objective is to establish a framework which will encourage competition by stimulating the development of communications services and networks, and also to ensure that any bottlenecks in the market do not constrain the emergence of innovative services that could benefit the users. The approach adopted is technologically neutral, i.e. the Directive is not intended to introduce rules which could be adapted to technological progress but, instead, to establish a modus operandi to address market problems.

The Directive applies to all forms of communication networks carrying publicly available communications services. These include fixed and mobile telecommunications networks, networks used for terrestrial broadcasting, cable TV networks, and satellite and Internet networks used for voice, fax, data and image transmission.

General principles

Member States must ensure that there are no restrictions which prevent undertakings in the same Member State or in different Member States from negotiating between themselves agreements on access and/or interconnection.

Moreover, the Directive establishes a fundamental rule regarding interconnection to the effect that all network operators have rights and obligations as regards interconnection agreements. Thus, operators of public communications networks have a right and, when requested by other undertakings so authorised, an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services.

Obligations imposed on operators

The national regulatory authorities are responsible for carrying out regular market analyses in order to determine whether one or more operators have significant power on the market in question. Where, following a market analysis, an operator is identified as having significant power on a given market, the national regulatory authorities will impose the following obligations on that operator, according to the circumstances:

  • obligations of transparency in relation to interconnection and/or access requiring operators to make public specified information such as accounting information, technical specifications or network characteristics;
  • obligations of non-discrimination to ensure that operators apply equivalent conditions in equivalent circumstances to undertakings providing equivalent services;
  • obligations of accounting separation in relation to specified activities concerning interconnection and/or access;
  • obligations of access to, and use of, specific network facilities. Operators may be required inter alia:
    • to give third parties access to specified network elements and/or facilities, including unbundled access to the local loop;
    • to negotiate in good faith with undertakings requesting access;
    • not to withdraw access to facilities already granted;
    • to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services;
    • to provide co-location or other forms of associated facility sharing;
    • to give access to associated services such as those related to identity, location and occupation.
  • obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems;
  • obligations relating to functional separation, according to which vertically integrated undertakings must place activities related to the wholesale provision of relevant access products in an independently operating business entity in order to supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

In the case of persisting market failures despite the implementation of these obligations, the NRA may impose an obligation on an undertaking to place activities related to provision and services in an independently operating business entity. In the case of undertakings considered to be in a dominant position in one or many markets, they may transfer their local access network assets to another undertaking. They must inform the NRA of their intention so that the NRA can assess the effect of the transfer on the obligations imposed by Directive 2002/21/EC.

Procedural provisions

The obligations imposed on undertakings under the measures laid down by the Directive must be published in a form which is readily accessible to all interested parties (except for information which is confidential, including business secrets).

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Directive 2002/19/EC

24.4.2002

24.7.2003

OJ L 108 of 24.4.2002

Amending act(s) Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Directive 2009/140/EC

19.12.2009

25.5.2011

OJ L 337 of 18.12.2009

AMENDMENT TO THE ANNEXES

Annex II – Minimum list of items to be included in a reference offer for wholesale network infrastructure access, including shared or fully unbundled access to the local loop at a fixed location to be published by notified operators with significant market power (SMP)

Directive 2009/140/EC [Official Journal L 337 of 18.12.2009].

Related Acts

Commission guidelines on the market analysis and the assessment of significant market power under the regulatory framework for electronic communications networks and services [Official Journal C 165 of 11.7.2002]

Under the new regulatory framework on communications services, these guidelines, which were adopted in July 2002, lay down the principles on which the national regulatory authorities must base their market analysis in order to guarantee effective competition.

Authorisation of electronic communications networks and services

Authorisation of electronic communications networks and services

Outline of the Community (European Union) legislation about Authorisation of electronic communications networks and services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Authorisation of electronic communications networks and services

Document or Iniciative

Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive).

Summary

Directive 2002/20/EC is part of the “Telecoms Package”, the new legislative framework for the electronic communications sector which replaces the existing legislation on telecommunications. The Package comprises four other directives relating to the general framework, interconnection, universal service and the protection of privacy. The “Telecoms Package” has been amended in December 2009 by two Directives “Better legislation” and the “Right of citizens”, as well as by the establishment of the Body of European Regulators for Electronic Communications (BEREC).

Scope, objective and general principle

The provisions of this Directive cover authorisations for all electronic communications networks and services, whether they are provided to the public or not. However, they only apply to the granting of rights to use radio frequencies where such use involves the provision of an electronic communications network or service, normally for remuneration.

The aim is to establish a harmonised market for electronic communications networks and services by limiting regulation to the minimum that is strictly necessary.

The main innovation is the replacement of individual licences by general authorisations, while a special scheme for attributing frequencies and numbers continues to exist. According to this principle, the provision of electronic communications networks or services may only be subject to a general authorisation. In other words, the undertaking concerned may be required to submit a notification but it may not be required to obtain an explicit decision or any other administrative act by the national regulatory authority (NRA) before exercising the rights stemming from the authorisation. Undertakings providing cross-border services shall not be required to submit more than one notification per Member State concerned.

A clear distinction is made between the conditions applicable under the general authorisation and those linked to the rights to use radio frequencies and numbers.

Minimum rights derived from the general authorisation

The general authorisation gives undertakings the right to provide electronic communications networks and services and to negotiate interconnection with other providers in the European Community. When such undertakings provide electronic communications networks or services to the public, the general authorisation makes them eligible to be designated to provide certain universal service functions.

Rights of use for radio frequencies and numbers

Member States shall facilitate the use of radio frequencies through general authorisations, but they may make the use of radio frequencies subject to the grant of individual rights with a view to:

  • avoiding harmful interference;
  • ensuring technical quality of service;
  • safeguarding efficient use of spectrum;
  • ensuring the fulfilment of other general interest objectives defined by Member States.

Decisions on rights of use must be taken and made public as soon as possible after receipt of the complete application by the NRA. This must be done within three weeks in the case of numbers that have been allocated to be used within the national numbering plan, and within six weeks in the case of radio frequencies that have been allocated for specific purposes within the national frequency plan.

Conditions attached to the general authorisation and to specific rights of use

The general authorisation and the rights of use may be subject only to the conditions listed in the Annex to the Directive relating to:

  • financial contributions to funding of the universal service;
  • interoperability of services and interconnection of networks;
  • accessibility and portability of numbers– portability means that users have the option to keep their telephone number when they change operator;
  • rules on privacy protection and, more specifically, the protection of minors;
  • obligation to transmit certain television and radio programmes (“must carry”);
  • environmental and town and country planning requirements;
  • possible imposition of administrative charges on undertakings;
  • restrictions concerning the broadcast of illegal content;
  • use of the radio spectrum.

Procedure for limiting the rights of use for radio frequencies

Where a Member State is considering whether to limit the number of rights of use to be granted for radio frequencies or whether to extend the duration of existing rights in accordance with specific terms, certain conditions and procedures have to be followed, such as consultation of all interested parties, publication of any decisions together with the reasons, and the review, at reasonable intervals, of the limitation.

Where the granting of rights of use for radio frequencies needs to be limited, Member States must grant such rights on the basis of selection criteria which must be objective, transparent, non-discriminatory and proportionate.

Where a Member State concludes that further rights of use for radio frequencies can be granted, it must publish that conclusion and invite applications for such rights.

Compliance with the conditions of the general authorisation or of specific rights of use

The NRAs monitor and supervise compliance with the requirements of the general authorisation or the rights of use and specific obligations.

Where an undertaking does not comply with one or more of these conditions, the NRA must give it a reasonable opportunity to state its views or remedy any breaches within a reasonable period. If the undertaking concerned does not remedy the breaches within the set period, Member States may empower the relevant authorities to impose orders to cease or financial penalties. In cases of serious and repeated breaches, the NRAs may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use.

Administrative charges and fees

The NRAs are authorised to impose administrative charges on undertakings providing a service or a network under the general authorisation or to whom a right of use has been granted. Administrative charges may include costs for international cooperation, harmonisation and standardisation, market analysis and regulatory work. The imposition of administrative charges requires NRAs to publish a yearly overview of their administrative costs and of the total sum of the charges collected.

The competent authority may also charge a fee for the rights of use of radio frequencies and for rights to install facilities.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/20/EC

24.2.2002

24.7.2003

OJ L 108 of 24.4.2002

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/140/EC

19.2.2009

25.5.2011

OJ L 337 of 18.12.2009

The successive amendments and corrections to Directive 2002/20/EC have been incorporated in the original text. This consolidated versionis of documentary value only.

AMENDMENTS TO THE ANNEXES

Annex
Directive 2009/140/EC [Official Journal OJ L 337 of 18.12.2009].

Related Act

Commission guidelines on market analysis and assessment of significant market power pursuant to the Community regulatory framework for electronic communications networks and services [Official Journal C165 of 11.7.2002].

In compliance with the new regulatory framework for communications services, these guidelines, which were adopted in July 2002, set out the principles on which the national regulatory authorities must base their market analysis in order to guarantee effective competition.

Selection and authorisation of systems providing mobile satellite services

Selection and authorisation of systems providing mobile satellite services

Outline of the Community (European Union) legislation about Selection and authorisation of systems providing mobile satellite services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Current general legal framework

Selection and authorisation of systems providing mobile satellite services

Document or Iniciative

Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS).

Summary

This Directive aims to create an internal market for mobile satellite services (MSS) open to competition and to reduce the digital divide by progressively improving coverage in less developed areas of the European Union (EU).

The Decision establishes a unique selection procedure at EU level and set outs common authorisation conditions for the operators of mobile satellite systems* by the 27 Member States. This will enable an effective use of the 2 GHz frequency band, comprising radio spectrum from 1 980 to 2 010 MHz for earth to space communications, and from 2 170 to 2 200 MHz for space to Earth communications.

Selection procedure

After the call for applications, the Commission shall organise a comparative selection procedure for operators. This procedure will comply with strict rules on transparency, fairness and non-discrimination. External experts may assist the Commission in assessing the applications.

Operators submitting an application must comply with the following eligibility criteria:

  • they shall be established in the Community;
  • they shall identify the amount of radio spectrum requested. This should be no more than 2 x 15 MHz. Evidence concerning the radio spectrum requested, the required milestones and the selection criteria should also be appended to the application;
  • they shall commit to providing mobile satellite systems covering at least 60 % of the aggregate land area of the Member States from the launch of the project and at least 60 % of the aggregate land area of each Member State by the time stipulated by the applicant or no later than seven years from the date of the selection decision.

The Commission may request additional information on the eligibility criteria. The applicant has between five and twenty working days to provide the requested information.

The selection procedure comprises two phases:

  • In the first selection phase, the Commission shall assess whether applicants have demonstrated the required level of technical and commercial development of their respective mobile satellite systems. Such assessment shall rely on the satisfactory completion of five pre-defined milestones (including satellite manufacturing and the satellite launch agreement).
  • In the second selection phase, the technical and commercial quality of the mobile satellite systems offered by the applicants is assessed according to criteria based on geographical coverage, benefits for consumers, the achievement of policy objectives and spectrum efficiency.

The Commission shall publish the list of selected operators who must then obtain authorisation at the national level.

Authorisation

Member States shall guarantee the selected operators the right to use radio frequencies and to use a mobile satellite system. These rights are subject to compliance with the following conditions:

  • selected operators must use the radio spectrum for the provision of MSS assigned to them;
  • selected operators must follow the milestones regarding satellite mating, the launch of satellites, frequency coordination and the provision of MSS within the territories of Member States (see the Annex to the Decision 626/2008/EC), in the two years following their selection;
  • selected operators must honour the commitments made during the selection procedure;
  • selected operators must provide an annual report to the competent authorities of all Member States ;
  • the rights of use and authorisations shall be granted for a duration of eighteen years from the date of the selection decision.

Complementary ground components

Once operators have been selected and authorised to carry out their activities in the 2 GHz frequency band, Member States must issue the necessary authorisations for the use of complementary ground components* of mobile satellite systems in compliance with certain common conditions. In particular, operators must use the assigned radio spectrum for the provision of complementary ground components and use them in an integrated way with the associated satellite system. In case of failure of the satellite component of the mobile satellite system, independent operation of complementary ground components shall not exceed a limited period of eighteen months. Lastly, the rights of use and authorisations of complementary components shall be granted up to the expiry of the authorisation of the mobile satellite system.

Committee

The Commission shall be assisted by the Communications Committee.

Context

This Decision forms part of the guidelines of the European Parliament Resolution of 14 February 2007 entitled “Towards a European Policy on the Radio Spectrum Policy”, which emphasises the importance of the diffusion of broadband, mobile communications and new wireless technologies in achieving universal coverage in the 27 Member States of the European Union (EU).

Pan-European satellite services also enable the expansion of geographical coverage of broadband in line with the i2010 initiative.

Key terms of the Act

  • Mobile satellite system: electronic communications networks and associated facilities capable of providing radio-communications services between a mobile earth station and one or more space stations, or between mobile earth stations by means of one or more space stations, or between a mobile earth station and one or more complementary ground components used at fixed locations. Such a system shall include at least one space station.
  • Complementary ground components of mobile satellite systems: ground-based stations used at fixed locations, in order to improve the availability of mobile satellite systems in geographical areas within the footprint of the system’s satellite(s), where communications with one or more space stations cannot be ensured with the required quality.

References

Act

Entry into force

Deadline for transposition into the Member States

Official Journal

Decision 626/2008/EC

2.7.2008

OJ L 172 of 2.7.2008

Towards an accessible information society

Towards an accessible information society

Outline of the Community (European Union) legislation about Towards an accessible information society

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Towards an accessible information society

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – ‘Towards an accessible information society’ [COM(2008) 804 final – Not published in the Official Journal].

Summary

In view of the large number of European citizens who are still excluded from information technologies, the Commission considers it necessary to strengthen the common approach to e-accessibility and web accessibility.

E-Accessibility

E-accessibility means the integration of disabled and/or elderly people with regard to information and communication technologies (ICTs). Disabled people represent around 15% of the population of the European Union.

Within the framework of the information society, European citizens should have equal access to:

  • computers;
  • telephones;
  • televisions;
  • online administration;
  • online shopping;
  • call centres;
  • self-service terminals;
  • automatic teller machines;
  • ticket machines.

Whereas the lack of e-accessibility can exclude significant sectors of the population.

In order to counteract this lack, dialogue is to be reinforced between relevant stakeholders such as:

  • consumer organisations;
  • representatives of disabled and elderly users;
  • enterprises in the ICT sector;
  • assistive technology and service industries;
  • academia and relevant authorities.

These stakeholders will define guidelines on priorities and a coherent approach in terms of e-accessibility, related to:

  • the web;
  • digital television;
  • electronic communications;
  • a single European emergency number;
  • self-service terminals;
  • electronic banking.

Under the 2009 Competitiveness and Innovation Programme (CIP), the funding of a network on e-accessibility and web accessibility is provided for, in order to further enhance stakeholder cooperation and good practices.

The Commission intends to support e-accessibility more actively within the framework of research and innovation policy.

Moreover, work on the development of standards for e-accessibility will be carried out, based on cooperation between stakeholders concerned and an exchange of good practices.

Web-Accessibility

Accessibility to the web means the possibility for disabled and/or elderly people to navigate and interact in this field. This type of accessibility is still underdeveloped in the European Union.

Strengthening web accessibility has a clear advantage, not only for disabled and/or elderly people, but also for the whole population and should also increase the competitiveness of enterprises in the long term.

Member States should improve web accessibility by 2010, in line with the undertaking made in the Ministerial Declaration on an inclusive information society adopted in Riga in 2006. However, the Commission has a role to play, in particular by supporting efforts in Member States and by improving accessibility to its own websites.

Recommended actions in terms of promotion of web accessibility are:

  • providing clear information and guidelines;
  • supporting training programmes;
  • sharing knowledge and to exchange good practice;
  • acquiring accessible tools and websites;
  • to designate a contact point for web accessibility;
  • to monitor progress.

Context

The information society is part of many European citizens’ daily lives. However, disabled and/or elderly people are still suffering from a lack of accessibility to technology-based products and services.

The question of e-accessibility and web accessibility has gained in political visibility in the last few years, in particular following the 2006 Riga Declaration . It is therefore important to form a common approach in these areas to make the information society accessible to all citizens of the European Union as announced in the Renewed Social Agenda.

Towards a single market in creative content online

Towards a single market in creative content online

Outline of the Community (European Union) legislation about Towards a single market in creative content online

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Towards a single market in creative content online

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 January 2008 on Creative Content Online in the Single Market [COM(2007) 836 final – Not published in the Official Journal].

Summary

This Communication covers a wide range of subjects related to the online creative content sector *. It marks the launch by the Commission of its “online content” initiative, the aim of which is to enhance the availability of online creative content through developing new and innovative business models, and ensuring additional income for all those involved in the value chain.

It also aims to foster the emergence of a single European market for online music, films and games.

The continuous widespread availability of broadband internet access (roll-out of advanced mobile networks) and content distribution possibilities (mass availability of digital devices) are opening up new prospects for both the European online content industry and European consumers.

According to some studies covering the 25 Member States, revenue from the sale of online content will go from EUR 1.8 billion in 2005 to EUR 8.3 billion in 2010.

Existing regulation of the European online content sector is too fragmented and lacks transparency. One of the main objectives of the strategic i2010 framework launched in 2005 is the creation of an open and competitive market for the services of the European Union (EU) information society.

However, this situation gives rise to new challenges, ranging from copyright to consumer safety and technical (radio spectrum and broadband) issues. This Communication specifically relates to the distribution of online content.

Challenges associated with developing a single market for creative content online

Three objectives need to be met to ensure the transfer of creative content services to an online environment, namely:

  • to encourage European content contributing to European competitiveness while fostering the diversity of content creation and Europe’s cultural and linguistic heritage;
  • to modernise the legal framework relating to distribution of creative content taking into account copyright for the creation of content;
  • fostering the active role of users in content creation, selection and distribution.

On the basis of the public consultation held in 2006 on these issues, the Commission identifies the main challenges which merit Community action:

  • availability of creative content;
  • development of multi-territory licensing;
  • interoperability and transparency of Digital Rights Management systems (DRMs);
  • fight against piracy and illegal downloading of copyright-protected content.

The lack of availability of creative content intended for online distribution and the few operating licences granted to new platforms remain the main obstacles to the development of services proposing online content. The availability of creative content is not sufficiently stimulated by the development of new forms of distribution. Copyright holders fear losing control since the development of piracy in the digital environment has proved to be very damaging and distributors cannot reach agreement with content owners on the terms of trade for exploitation of content. This situation prevents licensing on new platforms for online content. Another concern relates to the high cost of transactions related to the granting of rights. By enhancing its role of facilitator at the heart of the new platform for discussion on online content, the Commission wishes to establish constructive dialogue between stakeholders.

The lack of multi-territory licences for creative content makes it difficult for online services to make full use of European cultural works outside their national markets, while content services are available across the Internal Market. The Commission had already recommended the implementation of a multi-territory licensing system specific to the field of musical words online.

The Commission encourages the establishment of a framework for the interoperability * and transparency of Digital Rights Management Systems which would enable copyright holders to enforce compliance in the digital environment while guaranteeing clear information for consumers on the terms of use for downloaded content and on the interoperability of corresponding online services.

The Commission invites access and service providers, copyright holders and consumers to work closely together on the basis of a “code of conduct” to combat online piracy and ensure that a wide range of online services are available legally.

Twofold approach: communication and consultation

The Commission’s approach is twofold. On the one hand, establishment of a new framework for discussion between stakeholders by creating a platform for discussion on all the issues raised by online creative content (content availability, improvement of mechanisms for the granting of rights, the development of multinational licensing, online copyright management, cooperation mechanisms to improve compliance with copyright in an online environment, etc.) and, on the other hand, preparation for the adoption of a Proposal for a Recommendation on online creative content by mid-2008.

By referring to the Annexes to this Communication, stakeholders are invited to give their views by 29 February on the main challenges associated with the development of a single market in creative content online.

Key terms used in the act
  • Creative content online: content and services such as online audiovisual creations (cinema, television, music and radio), online games, online publication, online educational content and content created by users.
  • Interoperability: interoperability means that several systems, whether identical or radically different, can communicate without ambiguity and work together. Interoperability is a very important concept for the global telephone network and the Internet, which are essentially heterogeneous networks, where diverse and varied equipment intersects. Communications must therefore comply with clear and uniform standards.

Related Acts

Council Conclusions of 20 November 2008 on the development of legal offers of online cultural and creative content and the prevention and combating of piracy in the digital environment [Official Journal C 319 of 13.12.2008].
The European Council notes in its conclusions that the online distribution of cultural and creative assets is a factor in accessing culture, in economic development, employment and cultural diversity. Its development potential in Europe is considerable but may be impeded by online piracy which infringes the remuneration of copyright holders and holders of related rights.
The Council invites Member States to draw out solutions with a view to combating online piracy whilst encouraging the development of the legal offer. Furthermore, Member States are also invited to promote audiovisual and film offer notably through the implementation of the Directive on audiovisual media services. In this regard, the European Commission is invited to cooperate closely with Member States.