Tag Archives: Information network

Internet of Things

Internet of Things

Outline of the Community (European Union) legislation about Internet of Things

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

Internet of Things

2 emissions through the development in particular of health monitoring systems, connected trees and cars. The interconnection of physical objects will generate a genuine paradigm shift for society.

Document or Iniciative

Communication of 18 June 2009 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Internet of Things: an action plan for Europe [COM(2009) 0278 final – Not published in the Official Journal].

Summary

This Communication presents the perspectives and challenges for the development of the Internet of Things (IoT).

Definition and existing applications of IoT

IoT is composed of a series of new independent systems operating with their own infrastructures which are partly based on existing Internet infrastructures. IoT can be implemented in symbiosis with new services. It covers three types of communication which can be established in restricted areas (‘intranet of things’) or made publicly accessible (‘Internet of things’):

  • things-to-person;
  • thing-to-thing;
  • Machine-to-Machine (M2M).

IoT currently covers several applications such as:

  • web-enabled mobile phones equipped with cameras;
  • unique serial numbers or bar-codes on pharmaceutical products;
  • smart electrical metering systems which provide a consumption report in real time;
  • ‘intelligent objects’ in the logistics sector (eFreight), manufacturing or retail.

The challenges of public governance

According to the European Commission, policymakers should also participate in the development of IoT alongside the private sector. Some challenges are indeed policy-related, as highlighted by the World Summit on the Information Society, which encourages IoT governance designed and exercised in a coherent manner with all the public policy activities related to Internet Governance.

Many questions concerning the implementation of the connection of objects arise such as:

  • object naming;
  • the authority responsible for assigning the identifier;
  • ways to find information about the object;
  • how information security is ensured;
  • the ethical and legal framework of IoT;
  • control mechanisms.

Faced with these challenges, the Commission proposes to prepare a set of principles underlying the governance of IoT, as well as a decentralised management structure.

Principles underlying the governance of IoT

The development of IoT must not take place to the detriment of privacy and personal data protection. In this regard, the Commission intends to publish a Communication on privacy and trust in the information society, as well as launching a debate on the freedom for individuals to disconnect from a network at any time.

In order to safeguard information security, the Commission proposes to step up monitoring and protection of critical information infrastructure.

Regarding standardisation, the Commission considers it sensible to take advantage of the deployment of Ipv6, making it possible to directly address objects. The Commission also intends to assess existing standards mandates which may include some issues related to IoT, or create others if necessary.

In the field of research and development, IoT represents a considerable challenge, insofar as it is related to wide societal problems. In this regard, the Commission will fund research projects in the field of IoT under the Seventh Framework Programme. Furthermore, IoT may also have a role to play in the four public-private partnerships set up by the Commission in the following areas:

  • ‘green cars’;
  • ‘energy-efficient buildings’;
  • ‘factories of the future’;
  • ‘Future Internet’.

These research activities are to be supplemented by the launch of pilot projects under the Competitiveness and Innovation Framework Programme (CIP). These pilots should help to promote activities related to e-health, e-accessibility, climate change, or helping to bridge the digital divide.

The international aspect is also essential, insofar as the Commission intends to intensify dialogue with its international partners in order to establish benchmarks for common principles in the field of IoT.

Waste recycling should be facilitated by the implementation of IoT through tags which will make objects easier to distinguish during the process.

The Commission is currently concentrating its work more particularly on the availability of appropriate radio spectrum resources and on electromagnetic fields.

Context

The Internet has reached a turning point in its development. A network of interconnected computers is to evolve into a network of interconnected objects such as books, cars or electrical appliances. Although IoT is not yet actually implemented, this Communication gives an indication of the technology to come over the next 15 years.

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

Network of contact points in respect of persons responsible for genocide and crimes against humanity

Network of contact points in respect of persons responsible for genocide and crimes against humanity

Outline of the Community (European Union) legislation about Network of contact points in respect of persons responsible for genocide and crimes against humanity

Topics

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

Human rights > Human rights in non-EU countries

Network of contact points in respect of persons responsible for genocide and crimes against humanity

Document or Iniciative

Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes.

Summary

All countries of the European Union (EU) have ratified the Rome Statute of 17 July 1998 setting up the International Criminal Court (ICC) to hear cases involving genocide, crimes against humanity and war crimes. However, the ICC remains complementary to national systems of criminal law. The investigation and prosecution of genocide, crimes against humanity and war crimes continue to be the responsibility of national authorities. Therefore, the EU is calling for closer cooperation between the relevant national authorities to ensure that these crimes will be combated successfully.

National contact points

Each EU country must designate a national contact point for exchanging information on investigations of genocide, crimes against humanity and war crimes. The details of each contact point must be sent to the General Secretariat of the Council, which will forward them to the other EU countries.

Upon request, the contact points must provide each other with information relevant to investigations into genocide, crimes against humanity and war crimes. They may also exchange such information of their own motion. In addition, the contact points are responsible for facilitating cooperation between the competent national authorities.

The Council annually briefs the European Parliament on the activities of the network of contact points.

This decision is without prejudice to the conventions or agreements regarding mutual assistance in criminal matters between judicial authorities.

References

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

Decision 2002/494/JHA

13.6.2002

OJ L 167, 26.6.2002

Related Acts

Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes [Official Journal L 118 of 14.5.2003].

European Agency for Safety and Health at Work

European Agency for Safety and Health at Work

Outline of the Community (European Union) legislation about European Agency for Safety and Health at Work

Topics

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

Institutional affairs > The institutions bodies and agencies of the union

European Agency for Safety and Health at Work

Document or Iniciative

Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work [See amending acts].

Summary

The Agency’s role is to:

  • collect and analyse technical, scientific and economic information on health and safety at work in the Member States and to pass it on to the Community bodies, other Member States and interested parties;
  • collect and analyse technical, scientific and economic information on research into safety and health at work and disseminate the results of this research;
  • promote and support cooperation and exchange of information and experience amongst the Member States in the field of safety and health at work, including information on training programmes;
  • organise conferences and seminars (such as the European Health and Safety at Work Week) and exchanges of national experts in the field of safety and health at work;
  • supply the Community bodies and the Member States with the technical, scientific and economic information they require to formulate and implement judicious and effective policies designed to protect the safety and health of workers;
  • establish an information network in cooperation with the Member States, and coordinate it, including national, Community (the European Foundation for the Improvement of Living and Working Conditions) and international bodies and organisations which provide this type of information and services;
  • collect and make available information on safety and health matters from and to third countries and international organisations: the World Health Organisation (WHO), the International Labour Organisation (ILO), the Pan American Health Organisation (PAHO), the International Migration Office (IMO), etc.;
  • provide technical, scientific and economic information on methods and tools for implementing preventive activities, especially for small and medium-sized enterprises, and identify good practices;
  • contribute to the development of Community action programmes and strategies relating to the protection of safety and health at work, without prejudice to the Commission’s sphere of competence;
  • ensure that the information disseminated is easily understood by the end-users.

The Agency collaborates as closely as possible with institutions, foundations, specialist bodies and programmes at Community level in order to avoid any duplication. For example, it works together with the European Foundation for the Improvement of Living and Working Conditions.

The Agency will set up a network comprising:

  • the main component elements of the national information networks, including the national social partner organisations in accordance with national legislation;
  • the national focal points;
  • European topic centres.

Member States regularly inform the Agency of the main component elements of their information networks on health and safety at work. The relevant national authorities coordinate and forward the information to be provided to the Agency at national level.

The Agency has legal personality. Its steering and management structure comprises a Governing Board, a Bureau and a Director.
Its Governing Board comprises 78 members, of whom 25 members represent the governments of the Member States, 25 members represent employer organisations, 25 members represent employee organisations and three members represent the Commission. The Members of the Governing Board have a three-year term of office which is renewable. The Board’s headquarters is in Bilbao, Spain.

The Governing Board determines the Agency’s strategic objectives and adopts its budget, the rolling four-year programme and the annual work programme on the basis of a draft drawn up by the Director after consultation of the Commission and of the Advisory Committee on Safety, Hygiene and Health Protection at Work. By 31 January each year at the latest, the Governing Board adopts an annual general report on the Agency’s activities.

The Bureau comprises 11 members: the chairman and the three vice-chairmen of the Governing Board, one coordinator for each of the three groups of representatives (employers, workers and government), an additional representative for each of these three groups, and a Commission representative. The Bureau monitors the implementation of the Governing Board’s decisions and takes all necessary steps to ensure that the Foundation is managed properly between meetings of the Governing Board

The Agency is headed by a Director appointed by the Governing Board.

Since November 2003, the Regulation establishing the Bilbao Agency has been in line with the new Financial Regulation applicable to the General Budget of the European Communities (June 2002) and the Regulation on public access to documents (May 2001).

Establishment of the Agency

The inaugural meeting of the Governing Board took place at the Agency’s headquarters in Bilbao (Spain) on 25 and 26 October 1995.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2062/94

18.07.1994

Official Journal L 216 of 20.08.1994

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1643/95

29.06.1995

Official Journal L 156 of 07.07.1995

Regulation (EC) No 1654/2003

30.10.2003

Official Journal L 245 of 29.09.2003

Regulation (EC) No 1112/2005

04.07.2005

Official Journal L 184 of 15.07.2005

Related Acts

Communication from the Commission to the Council regarding the Commission’s report on the European Agency for Safety and Health at Work (progress report 1996-2000) [COM(2001)163 final – Not published in the Official Journal].

Infrastructure for Spatial Information

Infrastructure for Spatial Information

Outline of the Community (European Union) legislation about Infrastructure for Spatial Information

Topics

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

Environment > General provisions

Infrastructure for Spatial Information (INSPIRE)

Document or Iniciative

Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE).

Summary

This Directive lays down the rules for establishing, within the European Union (EU), an Infrastructure for Spatial Information (INSPIRE) whose purpose is to make it possible for interoperable spatial and environmental data and services related to these data to be exchanged, shared, accessed and used. INSPIRE aims to coordinate users and suppliers of information in such a way that information originating from different sectors will be combined and disseminated.

INSPIRE deals with spatial information such as environmental observations, statistics, etc. that are held in electronic form by or on behalf of public authorities and concern the areas where a Member State has or exercises a jurisdictional right. The information covers themes such as administrative borders, air, soil and water quality observations, biodiversity, land use, transport networks, hydrography, altitude, geology, population and species distribution, habitats, industrial facilities and natural risk zones (for the complete list, see Annexes I, II and III to the Directive).

This information should be accompanied by complete metadata * on, inter alia, the conditions under which targeted spatial information can be accessed and used, the quality and validity of such information, limitations on public access and the public authorities in charge of that information.

To make sure that this information is interoperable, the Commission must establish implementing rules no later than 15 May 2009 or 15 May 2012 (for information corresponding to Annex I, or Annex II and III, respectively). New spatial information must conform with these implementing rules within two years of their adoption, and existing information within seven years. The implementing rules must include the definition and classification of spatial objects relevant to the information covered in this Directive, and the ways in which those data are geo-referenced.

Member States will make network services available to users so that they will be able to search for, view and download spatial information. These services will be accessible via an INSPIRE geo-portal managed by the Commission at Community level, and possibly via additional access points operated by the Member States. A fee may be charged for some services. Member States may limit public access to spatial information when such access could have an adverse effect on international relations, public security, national defence, the confidentiality of the proceedings of public authorities, the confidentiality of certain commercial or industrial information, intellectual property rights, personal data or environmental protection.

Member States must share the data in their possession and allow public authorities to access, exchange and use those data for public tasks that may have an impact on the environment. A fee may be charged for access, except for information required to fulfil reporting obligations under Community legislation. Member States may limit such access when it could obstruct the course of justice or adversely affect public security, national defence or international relations.

INSPIRE will be coordinated by the Commission at EU level and by appropriate structures and mechanisms designated by the Member States at their level.

The Member States and the Commission must prepare reports by 15 May 2010 and 15 May 2014, respectively, on the content and implementation of INSPIRE.

Key terms used in the act
  • Metadata: information describing spatial data sets and spatial data services and making it possible to search for, inventory and use them.

References

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

Directive 2007/2/EC

15.5.2007

15.5.2009

OJ L 108 of 25.4.2007

Related Acts

Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011-2013) [Official Journal L 276 of 20.10.2010].
The GMES system is a network for collecting and disseminating information concerning the environment and security obtained from monitoring the Earth from space and in-situ. This system will assist decision-making by public and private authorities in Europe and support research.

Fisheries control system

Fisheries control system

Outline of the Community (European Union) legislation about Fisheries control system

Topics

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

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Fisheries control system

The control system applies to all fishing activities in Community waters, and to the fishing activities of Community vessels and European Union nationals in Community and non-Community waters. It also applies to the processing and marketing of fishery products, recreational fishing involving sensitive stocks, and aquaculture.

Document or Iniciative

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Summary

The restructuring of the Community fisheries control system has modernised the Community system for the control, inspection and execution of common fisheries policy (CFP) measures throughout the marketing chain.Generally, all aspects relating to the control and monitoring of fishing activities have been rendered more effective.

Control and monitoring of fishing activities

Member States are to carry out inspections of activities throughout the production chain for fishery products, in particular landing, processing, transport and marketing. The use of modern inspection technologies such as the Satellite-based Vessel Monitoring System (VMS), electronic logbooks and the electronic notification of catch data has been extended. The collection, processing and analysis of fishing data have been considerably enhanced. A systematic catch weighing system has been introduced. A new system of traceability for fishery products will allow fishery products to be monitored from the vessel to the retailer.

New measures, such as risk analysis largely based on systematic and full cross-checks of all relevant data, aimed at concentrating inspection activities where the risk of illegal behaviour is highest, will strengthen the effectiveness of controls.

Among the other new fields covered by the Regulation is the monitoring of certain criteria of fleet management by Member States, such as fishing capacity and engine power. General standards are established for specific control measures concerning multiannual plans and recovery, restricted fishing areas and discards. The principles of a new system of control observers have been established.

Inspection powers

The Regulation broadens the Commission’s powers of inspection. The Commission can now, under certain conditions, carry out independent inspections without giving prior notice to the Member State concerned.

Sanctions

The Regulation introduces dissuasive sanctions the extent of which is fixed in a harmonised way throughout the European Union (EU) according to the value of the fishery products obtained when a serious offence is committed. The Regulation provides for a system of penalty points for serious offences concerning holders of fishing permits and masters, who will, as a last resort and after several suspensions of the fishing permit, have their permit withdrawn if they have committed a certain number of serious offences. Measures are also laid down against Member States which do not comply with CFP rules and thus endanger fish stocks. These measures include the possibility of suspending or reducing EU financial aid, the closure of fisheries and deduction of quotas.

Cooperation between Member States

The Regulation establishes a system of mutual assistance and systematic information exchange as regards controls between Member States. It also proposes a new approach to managing and communicating data relating to controls through secure national websites with direct remote access for the Commission.

Coordination authority

The Regulation extends the competences of the Community Fisheries Control Agency in order that it may provide more concrete assistance in the uniform implementation of the new control system. When facing a serious risk for the CFP, it may also, if appropriate, set up an emergency unit.

Under the CFP, control and enforcement fall within the exclusive jurisdiction of Member States. The Regulation also reaffirms the distinct roles of the Commission and Member States in order to avoid overlapping and to ensure that the Commission concentrates its efforts on its main activities – controlling and verifying the implementation of CFP rules by Member States. The new Regulation replaces the existing legal framework established in Council Regulation (EEC) No 2847/93.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1224/2009

1.1.2010

OJ L 343 of 22.12.2009

RELATED ACTS

Specific control and inspection programme

Commission Decision 2010/210/EU of 6 April 2010 amending Decision 2009/296/EC establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean [Official Journal L 89 of 9.4.2010].

Organised crime: contact points to combat high-tech crime

Organised crime: contact points to combat high-tech crime

Outline of the Community (European Union) legislation about Organised crime: contact points to combat high-tech crime

Topics

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

Justice freedom and security > Fight against organised crime

Organised crime: contact points to combat high-tech crime

Document or Iniciative

Council Recommendation of 25 June 2001 on contact points maintaining a 24-hour service for combating high-tech crime.

Summary

On 19 March 1998 the Council invited the Member States to join the G8 24-hour information network for combating high-tech crime. This network will provide the countries which join it with an overview of computer network crime, given that it often occurs simultaneously at different locations in different countries.

At a meeting held in Washington on 9 and 10 December 1997, the justice and home affairs ministers of the G8 adopted the network’s basic principles. An action plan was also adopted which made provision for countries from outside the G8 circle to join the network. The network was established between 1998 and 2000.

Those EU Member States which do not form part of the G8 network have joined Interpol’s “National Central Reference Point System” (NCRP). However, Interpol’s national central reference points do not always provide 24-readiness. The two networks will work together in a spirit of cooperation. In addition, those Member States which are not represented in the G8 network should be able to link a 24-hour function to their specialist units that form part of the Interpol network.

The Council therefore recommends that those Member States that have not yet joined the G8 network of contact points do so, and that the national units designated as contact points specialise in combating high-tech crime. The Council also recommends that those units should be able to take operational measures.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Recommendation of 25 June 2001 OJ C 187 of 3.07.2001

Related Acts

Council Frameworkof 24 February 2005 on attacks against information systems

European Judicial Network

European Judicial Network

Outline of the Community (European Union) legislation about European Judicial Network

Topics

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

Justice freedom and security > Judicial cooperation in criminal matters

European Judicial Network

Document or Iniciative

Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network.

Summary

This decision provides provisions for the continuation of the European Judicial Network, while repealing Joint Action 98/428/JHA that established it.

The network is composed of Member States’ central and other competent authorities for international judicial cooperation. Each Member State establishes one or more judicial contact points, amongst which one is assigned as a national correspondent for the network. Member States are also to assign a tool correspondent. The national liaison magistrates that have similar duties to those of the contact points are also linked to the network. The Commission appoints a contact point for issues that are under its responsibility.

Functions

The principal task of the network is to facilitate judicial cooperation in criminal matters between Member States by improving communication between the contact points, by organising regular meetings for the representatives of Member States and by providing the necessary background information.

The contact points are intermediaries between Member States, aiming to improve judicial cooperation in combating all forms of serious crime. They are to enable direct contacts among local judicial and other competent authorities as well as other contact points throughout the European Union (EU). To this end, contact points must provide each other and the competent authorities with the necessary legal and practical information. In addition, contact points promote and participate in the organisation of training sessions, collaborating with the European Judicial Training Network where appropriate.

The national correspondent has additional responsibilities, namely those relating to the internal functioning of the network, acting as the point of contact for the secretariat of the network and providing an opinion when new contact points are appointed. The tool correspondent is responsible for ensuring that the relevant information regarding its Member State is up to date and available for dissemination in the network.

Network meetings

Plenary meetings of the network are organised on a regular basis and at least three times a year. A minimum of three contact points from each Member State are invited to these meetings to exchange experiences on the operation of the network and to discuss practical and legal problems regarding the implementation of Community measures on judicial cooperation. The results of these meetings will be used as a basis for discussing any possible legislative changes and improvements at Community level. Both the national and tool correspondents are to hold at least one meeting a year on an ad hoc basis.

Dissemination of information

The secretariat of the network must provide the contact points and the competent judicial authorities with up to date information on:

  • the details of the national contact points;
  • an information technology tool through which the competent authority for requesting judicial cooperation may be identified;
  • national judicial and procedural systems;
  • texts of relevant legal instruments, declarations and reservations.

The secretariat must disseminate this information through a website. In addition, it must establish a secure telecommunications connection for data flow and the requests for judicial cooperation.

The network and Eurojust complement each other through a privileged relationship that is based on consultation. The activities of the secretariat of the network are covered by the budget of Eurojust.

Background

The implementation of the principles of mutual legal assistance and mutual recognition of judicial decisions in criminal matters, as well as the 2004 and 2007 enlargements of the Union have had an impact on the nature of judicial cooperation in the EU. Therefore, the role of the European Judicial Network has become more significant and the need to strengthen it more imperative.

References

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

Decision 2008/976/JHA

24.12.2008

OJ L 348 of 24.12.2008

Related Acts

Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the establishment of a Network for legislative cooperation between the Ministries of Justice of the European Union [Official Journal C 326 of 20.12.2008].

European Network and Information Security Agency

European Network and Information Security Agency

Outline of the Community (European Union) legislation about European Network and Information Security Agency

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

European Network and Information Security Agency (ENISA)

Document or Iniciative

Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency [See amending act(s)].

Summary

Computing and networking * have become an essential part of the daily lives of European citizens. The exponential development of communication networks and information systems * inevitably raises the question of their security, which has become a subject of growing concern to society.

The growing number of security breaches * has already generated substantial financial damage, undermined user confidence and been detrimental to the development of e-commerce. An attack on key information systems could have major consequences for the provision of services essential for the well-being of European citizens. The proliferation of internet connections and increased networking are making security requirements ever more pressing.

Individuals, public administrations and businesses have reacted by deploying security technologies and security management procedures. However, apart from certain administrative networks, there is no systematic cross-border cooperation on this issue between EU countries.

Objectives

The European Network and Information Security Agency’s (ENISA) aim is to enhance the capability of the European Union (EU), EU countries and business community to prevent, address and respond to network and information security problems.

In addition, ENISA provides assistance and delivers advice to the Commission and EU countries. It may also be called upon to assist the Commission in the technical preparatory work for updating and developing EU legislation.

Furthermore, ENISA facilitates and enhances cooperation between different actors operating in the public and private sectors in order to achieve a sufficiently high level of security in EU countries.

Tasks

To achieve the objectives set out above, ENISA:

  • collects appropriate information to analyse current and emerging risks, and provides the results to EU countries and the Commission;
  • provides advice and, if appropriate, assistance to the European Parliament, the Commission and the competent European and national bodies;
  • enhances cooperation between different players in the sector (e.g. through consultations and networking);
  • facilitates cooperation between the Commission and EU countries in the development of common methodologies to prevent security problems;
  • contributes to awareness raising and the availability of rapid, objective and comprehensive information on network and information security issues for all users (e.g. by promoting exchanges of best practice, including methods of alerting users, and by seeking synergy between the public and private sectors);
  • assists the Commission and EU countries in their dialogue with industry to address security-related problems in hardware and software products;
  • tracks the development of standards for security products and services and promotes risk assessment and management activities;
  • contributes to EU level efforts to cooperate with non-EU countries and international organisations to promote a global approach to security issues;
  • gives its own conclusions, guidelines and advice.

Organisation

ENISA comprises:

  • a management board composed of representatives of EU countries and of the Commission, as well as business representatives, academics and consumers with no voting entitlement;
  • an executive director appointed by the management board on the basis of a list of candidates proposed by the Commission;
  • a permanent stakeholders’ group established by the executive director. The group is composed of representatives of information and communication technology businesses, consumers and academic experts. It gives ENISA access to the most recent information available so that it can respond to network security challenges.

Requests to ENISA

Requests for advice and assistance from ENISA are to be addressed to the executive director, accompanied by explanatory background information. The European Parliament, the Commission or any competent body appointed by an EU country (such as a national regulatory authority) may make requests to ENISA.

Independence

For ENISA’s advice and opinions to be accepted by individuals, public administrations and businesses, its independence must be guaranteed and recognised. Accordingly, the members of the management board, the executive director and the external experts participating in ad hoc working groups must declare the absence of any interest that might place their independence in question.

Transparency

ENISA must ensure that the public and any interested parties are given objective, reliable and easily accessible information, in particular with regard to the results of its work. Access to ENISA’s documents is in line with the general conditions of Regulation (EC) No 1049/2001.

Seat and duration

ENISA is based in Heraklion, Greece. It will operate from 14 March 2004 for a period of 9 years and 6 months.

Key terms used in the act
  • “Network” refers to transmission systems and, where applicable, switching or routing equipment and other resources that permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed and mobile terrestrial networks, networks used for radio and television broadcasting, and cable TV networks.
  • “Information system” is understood to mean computers and electronic communication networks, as well as electronic data stored, processed, retrieved or transmitted by them for the purposes of their operation, use, protection and maintenance.
  • “Network and information security” is defined as the ability of a network or an information system to resist accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data and the related services that may be offered by these networks and systems.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 460/2004

14.3.2004

OJ L 77 of 13.3.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1007/2008

1.11.2008

OJ L 293 of 31.10.2008

Regulation (EC) No 580/2011

25.6.2011

OJ L 165 of 24.6.2011

Related Acts

Communication from the Commission to the European Parliament and the Council of 1 June 2007 on the evaluation of the European Network and Information Security Agency (ENISA) [COM(2007) 285 final – Not published in the Official Journal].
ENISA is undergoing an evaluation by an external group of experts who, with ENISA’s management board, will present recommendations on extending its term of running, functions, resources and location. To complement this, the Commission has also decided to launch a public consultation and an impact assessment.

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 31 May 2006: A strategy for a Secure Information Society – “Dialogue, partnership and empowerment” [COM(2006) 251 final – Not published in the Official Journal].
The Commission aims to give new momentum to the European political approach to network and information security. Current challenges should be identified and measures and initiatives to meet them proposed. The Commission’s proposed approach is based on a multipartite schema that brings together all interested parties. This approach is based on dialogue, partnership and empowerment.

Combating fraud and counterfeiting of means of payment

Combating fraud and counterfeiting of means of payment

Outline of the Community (European Union) legislation about Combating fraud and counterfeiting of means of payment

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 > Financial services: banking

Combating fraud and counterfeiting of means of payment

Document or Iniciative

Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting of non-cash means of payment.

Summary

The aim of this framework decision is to supplement a series of other measures already taken by the Council on combating fraud and counterfeiting of non-cash means of payment:

  • Joint Action 98/428/JHA on the creation of a European Judicial Network;
  • Joint Action 98/733/JHA on making it a criminal offence to participate in a criminal organisation in European Union (EU) countries;
  • Joint Action 98/699/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime.

Under this framework decision, fraud involving any form of non-cash means of payment will be recognised as a criminal offence that is punishable by effective, proportionate and dissuasive penalties in all EU countries.

Criminal offences

The framework decision deliberately avoids references to specific offences under the existing criminal law because they do not cover the same elements everywhere. Instead, the framework decision merely lists the various types of behaviour that should be criminal offences throughout the Union. Different types of behaviour are defined on the basis of whether they are directed at the payment instrument itself or the making of payment instruments, one or more payment transactions or the system itself for ordering, collecting, processing, clearing and settling payment transactions.

Penalties

All the types of behaviour mentioned above are to be classified as criminal offences in all EU countries. This means that the latter must provide for penalties for these offences, depending on whether natural or legal persons commit them. Penalties must be effective, proportionate and dissuasive. They will not necessarily involve deprivation of liberty, except in the most serious cases, which may give rise to extradition. EU countries will have some discretion in determining the gravity of an offence and the nature and severity of the penalties that apply.

Jurisdiction

A series of criteria has been established to determine the jurisdiction of the national judicial authorities in respect of the offences referred to in the framework decision. An EU country will establish its jurisdiction where an offence is committed:

  • on its territory;
  • by its nationals (where extraterritorial jurisdiction is recognised by the EU country);
  • for the benefit of a legal person having its headquarters in the competent EU country.

Provision has also been made for offenders to be prosecuted in cases where an EU country does not extradite its own nationals.

Cooperation

Arrangements have been put in place to ensure that the public and private bodies that manage, monitor and oversee payment systems cooperate with the national authorities responsible for investigating the offences described in the framework decision and taking action against the perpetrators. Additional cooperation mechanisms may be set up between EU countries in accordance with the conventions, bilateral or multilateral agreements or any other arrangements that apply. The Commission will report to the Council on EU countries’ compliance with the provisions of the framework decision.

This act is affected by Case C-176/03 of the Court of Justice of the European Union regarding the distribution of powers in criminal matters between the Commission and the Council.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2001/413/JHA

2.6.2001

2.6.2003

OJ L 149 of 2.6.2001

Related Acts

Report from the Commission of 20 February 2006 – Second report based on Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment [COM(2006) 65 final – Not published in the Official Journal].

Report from the Commission of 30 April 2004 based on Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment [COM(2004) 346 final – Not published in the Official Journal].

EURES: the European Employment and Job Mobility Network

EURES: the European Employment and Job Mobility Network

Outline of the Community (European Union) legislation about EURES: the European Employment and Job Mobility Network

Topics

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

Internal market > Living and working in the internal market

EURES: the European Employment and Job Mobility Network

Document or Iniciative

Commission Decision 8/2003/EC of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment.

Summary

The Commission’s objective is to reinforce and consolidate EURES as a fundamental instrument by networking the employment services of the EEA countries and Switzerland.

The members and partners of EURES are:

  • the national and local employment services;
  • the employment services responsible for the cross-border regions;
  • the other specialised employment services notified to the Commission;
  • the trade union and employers’ organisations designated by the members.

The activities of the members and partners include:

  • creation of placement services for jobseekers, including customised services, matching services for workers and employers, and support services for employers wishing to recruit staff in another European country;
  • dissemination of up-to-date information on living and working conditions and trends on the labour market;
  • development of cooperation between the employment and social services, the social partners and other institutions concerned at the level of the Member States, the cross-border regions and the various employment sectors;
  • surveillance and evaluation of obstacles to mobility, including differences in legislation and administrative procedures, skilled labour surpluses and shortages and migration flows.

The members and partners undertake to integrate their vacancy databases into the EURES database and to:

  • provide the other members and partners with full and up-to-date information about vacancies and applications, the labour market, living and working conditions, obstacles to mobility and any other information required for the creation of a European network. Moreover, they undertake to protect personal data and to provide the necessary infrastructure and services, such as computer terminals;
  • appoint and train EURES managers and advisers, as well as other service providers. The managers are responsible for the European dimension of the organisation, including the coordination and implementation of EURES activities, the achievement of the objectives, the dissemination of information and representing the member in the EURES working group. The advisers, having received initial training, provide occupational guidance in the area of placements and integrate the EURES services in their own organisations;
  • evaluate all the EURES activities in terms of quantity, quality and impact and inform the EURES Coordination Office of the results.

Jointly, the members and partners are developing partnerships of the cross-border regions. Pursuing the same activities and objectives, these partnerships are managed by a framework agreement with a term of at least three years which commits the signatories to providing EURES services to the other members. Decisions are made by the steering committee comprising representatives of the members of the partnership.

Administrative coordination is provided by the European Coordination Office (or “EURES Coordination Office”), managed by the European Commission’s Employment, Social Affairs and Equal Opportunities DG. It is also responsible for analysing mobility in Europe, formulating a general approach and monitoring and evaluating EURES activities.

For strategic planning purposes, the Commission consults the High-Level Strategy Group, comprising the heads of the members of the network and chaired by a Commission representative.

References

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

Decision 8/2003

10.1.2003

OJ L 5, 10.1.2003