10 2016 | Connected digital single market...LEGISLATIVE TRAIN10.2016 2 CONNECTED DIGITAL SINGLE...

LEGISLATIVE TRAIN 10.20162 CONNECTED DIGITAL SINGLE MARKET / UP TO €415BN

EU TELECOM FRAMEWORK A DIGITAL SINGLE MARKET ACT

DEPARTURE DEMANDS 2

GEO-BLOCKING MODERN EUROPEANCOPYRIGHT RULES

CONSUMER PROTECTION CO-OPERATION (CPC)REGULATION

CROSS-BORDER PARCELDELIVERY

OVERHAUL OF EU-TELECOMSRULES

JD - AUDIOVISUAL MEDIAFRAMEWORK

JD - E-PRIVACY REFORM PUBLIC-PRIVATEPARTNERSHIPS FORCYBERSECURITY

ASSESSMENT OF PLATFORMSAND TACKLING ILLEGALCONTENT

EUROPEAN CLOUD INITIATIVE NEW E-GOVERNMENT ACTIONPLAN 2016-2020

JD - FREE FLOW OF NON-PERSONAL DATA

PORTABILITY OF ONLINECONTENT

SPECTRUM COORDINATION

JD - CONSUMER SALE OFGOODS

JD - DIGITAL CONTENT ANDDIGITAL SERVICES

WHOLESALE ROAMINGREGULATION

EUROPEAN INTEROPERABILITYFRAMEWORK

DIGITISING EUROPEANINDUSTRY

DEPARTURES 19

ACCESSIBILITY OF PUBLICSECTOR WEBSITES

EXPECTED ARRIVALS 1

ON HOLD 0

1/3

IDENTIFICATION AND TRUSTSERVICES FOR ELECTRONICTRANSACTIONS

E-INVOICING IN PUBLICPROCUREMENT

CONNECTED CONTINENTTELECOM PACKAGE

NETWORK AND INFORMATIONSECURITY

INTEROPERABILITYPROGRAMME (ISA2)

ARRIVED 5

COMMON EUROPEAN SALESLAW

DERAILED 1

LEGEND

DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE

BETTER ACCESS TO DIGITAL GOODS & SERVICES

BETTER BUSINESS ENVIRONMENT FOR DIGITAL NETWORKS & SERVICES

MAXIMISING THE GROWTH POTENTIAL OF THE DIGITAL ECONOMY

DEPARTED

EUROPARL

EUROPEAN COURT OF JUSTICE

COUNCIL

COMMISSION

JOINT DECLARATION ON THE EU'S

LEGISLATIVE PRIORITIES FOR 2018-19

MULTIANNUAL FINANCIAL FRAMEWORK

2021-2027

GLOSSARY

DEPARTURE DEMANDS

European Parliament legislative initiative reports in the fields covered by the Ten-Point Juncker Agenda

LEGISLATIVE TRAIN 10.2016 2 CONNECTED DIGITAL SINGLE MARKET / UP TO €415BN 2/3

DEPARTURES

Initiatives announced by the European Commission in its annual Work Programme; legislative proposals submitted by the

Commission to the Parliament and the Council; the files are considered departed when the Co-Legislators have started

legislative work

EXPECTED ARRIVALS

Legislative proposals close to be finalised

ON HOLD

Initiative blocked by one institution or under negotiations for more than 2 years; announced legislative initiatives or legislativeproposals by the European Commission with no follow-up for more than 9 months

ARRIVED

Legislative proposals finalised and adopted by the two Co-Legislators: the European Parliament and the Council of theEuropean Union

DERAILED

Proposals withdrawn by the European Commission

DISCLAIMER

The content of this document is the sole responsibility of the authors and any opinions expressed therein do not necessarily represent

the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work.

Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European

Parliament is given prior notice and sent a copy.



CONTENT

The Digital Revolution of the past few decades has profoundly changed peoples’ everyday life and shopping habits; it has also deeply

transformed the way business works. Today, the ICT sector as a whole provides over a quarter of economic growth in the EU. Digital

services and telecommunications are a crucial driver for growth and highly-qualified jobs.

In that context, achieving an integrated digital market is crucial to enable business and citizens to reap the full benefits of the European

Single Market itself. A strong digital economy is also vital for European competitiveness in a globalised world.

Still, the EU is not yet making the most out of the potential of the telecom market and online business. Too many barriers still block the

free flow of goods and on-line services across national borders. In Europe, we have one market for goods, but 28 national markets in

the digital area. The most serious impediments - to name just a few - relate to e-privacy, e-payyments, data protection, the VAT-regime,

the lack of legal certainty and the large number of geographical restrictions.

Thus, the Europe Union has to be at the frontline in the development of the digital society to enable digital-related business to

maintain a global competitive edge. The Digital Agenda must boost the development of e-commerce and new on-line services, such as

e-health, e-banking, and e-learning, offering new possibilities for consumers.

As highlighted in the EP study on Mapping the Cost of Non-Europe, if all barriers to a connected Digital Single Market were eliminated,

the total increase of the EU GDP could reach €415 billion yearly.

As regards e-commerce more specifically, the core issue is to generate trust in transactions and commerce carried out online, whilst

ensuring adequate protection for both EU consumers and suppliers. The above mentioned EP Cost of Non-Europe study has also come

to the conclusion that EU added value could reach €204 billion yearly from eliminating all barriers to cross-border e-commerce.

The creation of a connected Digital Single Market, which the European Council wished to see achieved by end 2015 (Strategic Agenda

of June 2014), is a high priority for the Juncker-Commission. To meet this goal, the Commission presented a comprehensive Digital

Single Market Strategy on 6 May 2015. It includes a set of targeted actions organised under three pillars 1) better access to digital

goods and services, 2) better business environment for digital networks and innovative services, and 3) maximising the growth

potential of the digital economy. Thus, in its Work programme for 2016, the Commission expresses its intention to present most of the

proposals in the course of the year 2016. Halfway through the year many of these have been already proposed and are on track.

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FULL OVERHAUL OF THE EU TELECOM FRAMEWORK [ DEPARTURE DEMANDS ]

CONTENT

On 12 September 2013 the European Parliament adopted a Resolution on the 'Digital Agenda for Growth, Mobility and Employment:

time to move up a gear ' 2013/2593(RSP), (rapporteur MEP Jens ROHDE, ALDE, Denmark). The resolution asked the EC to put forward

proposals to boost Europe's digital single market, and more specifically emphasised three demands to the EC: stopping of the roaming

practice by 2015, improving fast-broadband deployment including better spectrum coordination and putting forward a full legal

revision of the current regulatory telecom framework.

The Connected Continent Package adopted on 25 November 2015 (Regulation (EU) 2015/2120) was due to comprise all three aspects,

but was finally reduced in its scope to:

1 – A roaming-free Europe in 2015: As a result of the adoption of the adoption of Regulation (EU) 2015/2120 on 25 November 2015

laying down measures concerning open internet access and on roaming on public mobile communications networks withiin the Union,

the roaming practice should disappear by mid-2017.

2 – Deployment of fast-broadband, including better spectrum coordination: Stressing the need for very fast internet broadband

infrastructure in order to tap the full potential of the digital economy, the European Parliament deeply regreted the fact that many

Member States have failed to meet the deadline of 1 January 2013 for allocating the ‘digital dividend’ in the 800 MHz band to mobile

broadband services, as stipulated in the radio spectrum policy programme. This delay has hampered the rollout of 4G networks in the

EU and Member States must take the necessary steps to ensure that the 800 MHz band becomes available for mobile broadband

services. It is expected that the proposed overhaul of the telecom rules due in the second half of 2016 will consider this aspect of

better spectrum coordination.

3 – A full legal revision of the current regulatory telecom framework: In its resolution, the EP asked the Commission to present a broad

review of the legal framework for the telecoms market in order to drive forward investment in fixed and mobile networks, and to put

forward proposals for a fundamental revision of the regulatory framework for electronic communications. The proposed overhaul of

the telecom rules has been published on the 14th of september 2016 and includes both legislative and non legislative measures( see

the related departure file 'Overhaul of EU Telecom rules') .

References:

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• European Parliament, Resolution of 12 September 2013 on the Digital Agenda for Growth, Mobility and Employment: time to

move up a gear, 2013/2593(RSP).

• Regulation (EU) 2015/2120 of 25 November 2015 laying down measures concerning open internet access.

For further information: Maria del Mar Negreiro Achiaga, [email protected]

HYPERLINK REFERENCES

• http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-377

• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.310.01.0001.01.ENG&toc=OJ:L:2015:310:TOC

• mailto:[email protected]

A DIGITAL SINGLE MARKET ACT [ DEPARTURE DEMANDS ]

CONTENT

On 19 January 2016, the European Parliament adopted a resolution entitled ‘Towards a Digital Single Market Act’ (rapporteurs: MEP

Evelyne Gebhardt, S&D, Germany and MEP Kaja Kallas, ALDE, Estonia), as a follow-up to the Digital Single Market strategy for Europe

presented by the European Commission on 6 of May 2015. The report welcomes the Digital Single Market Communication and calls

for swift implementation of its initiatives. In addition to the existing actions embodied in the strategy and previous EP demands, the

European Parliament has asked for additional work in a number of topics, such as:

An ‘Active Consumers’ strategy: the European Parliament requested an ‘Active Consumers’ strategy to assess in particular whether

consumer switching was facilitated in the online world, and whether action was needed to make consumer switching easier, in order

to boost competition in online markets. It also called oon the Commission to assess the feasibility, usefulness and potential

opportunities and weaknesses created by the introduction of sector-specific EU trustmarks for online sales as well as to work towards

the timely and correct implementation of the EU-wide online dispute resolution (ODR) Regulation.

Reinforcing trust and security in digital networks: the EP expressed the view that a harmonised response from the EU and its Member

States with a view to ensuring a high level of network and information security is needed. Members stated that providing security on

the internet entails the protection of networks and critical infrastructure, ensuring the ability of law enforcement agencies to fight

crime, including terrorism, violent radicalisation and sexual abuse and sexual exploitation of children online. The Commission was

called upon to advance policies and to put forward a legal framework to tackle cybercrime and illegal content and materials on the

internet

Role of online platforms: the Commission has also been urged to examine whether potential issues related to online platforms could

be resolved by proper and full implementation of existing legislation and effective enforcement of EU competition law. The aim is to


http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-377


http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.310.01.0001.01.ENG&toc=OJ:L:2015:310:TOC

mailto:[email protected]

ensure a level playing field and fair and effective competition between online platforms, thus avoiding the creation of monopolies.

The EP also called on the Commission and the Member States to support the further development of the sharing economy and its

potential for more flexible forms of employment (the Commission is forecasting a growth potential that goes beyond USD 100 billion).

Parliament encouraged the Commission to set up a stakeholder group in charge of promoting best practices in the sharing economy

sector.

References:

• European Parliament, Resolution of 19 January 2016 on Towards a Digital Single Market Act, 2015/2147(INI)





ENDING UNJUSTIFIED GEO-BLOCKING / 2016-5 [ DEPARTURES ]

> DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE> BETTER ACCESS TO DIGITAL GOODS & SERVICES

CONTENT

For commercial reasons, online sellers have developed practices of either denying consumers access to a website based on their

location, or re-routing them to a local store with different prices. Sometimes restrictions are justified, for example due to national rules

to protect public order in the Member States (e.g. blocking access to some tobacco products or to Holocaust denial content).

Restrictions might also be justified by extra costs that are incurred by the providers/traders. However, in the large majority of cases the

Commission considers that online geo-blocking is not justified. In certain situations, it can even be contrary to competition rules.

By limiting consumer choice, geo-blocking is a significant cause of frustration and of fragmentation of the Internal Market. Addressing

these discriminatory practices will give more choice of products and services for consumers at lower prices.

The Commission adopted on 25 May 2016 a legislative proposal on Geo-bloccking and other forms of discrimination based on

customers' nationality, place of residence or place of establishment within the internal market.

The overall objective of the proposed regulation is to give customers better access to goods and services in the Single market. To that

end, the Commission’s proposal aims at preventing direct and indirect discrimination based on customer' nationality, place of




residence or place of establishment in cross-border commercial transactions between traders and customers in the EU.

The European Parliament expressed its view on the matter in two resolutions in 2015 and 2016:

• a resolution on the implementation of the Copyright Directive (rapporteur, Julia Reda, Greens/EFA, Germany) adopted on 9 July

2015;

• a resolution Towards a Digital Single Market Act (rapporteurs: Evelyne Gebhardt, S&D, Germany and Kaja Kallas, ALDE, Estonia)

adopted on 18 January 2016.

In its resolution on the implementation of the Copyright Directive from, the EP emphasised that consumers are too often denied access

to certain content services on geographical grounds. The EP warned that this practice runs counter to the objectives of the internal

market and urged the Commission to propose adequate solutions – both regulatory and market-led – for better cross-border

accessibility of services and copyright content for consumers. The EP also condemned geo-blocking practices preventing cultural

minorities living in EU Member States from accessing existing content or services in their language.

In its resolution Towards a Digital Single Market Act adopted on 18 January 2016, the EP called for an end to unjustified geo-blocking

practices and unfair price discrimination based on geographical location or nationality. This requires, according to the EP,

complementing the existing e-commerce framework and enforcing the relevant provisions of exiting EU law, in particular regarding

selective distribution, practices (such as IP tracking) limiting cross-border access to services or conclusion of cross-border contracts to

buy goods and services. The EP stressed that any legislative intervention should remain proportionate, in particular for small

businesses and retailers which should not be subject to an obligation to sell in other Member States.

However, the EP also emphasised that the principle of territoriality – under which copyright is normally acquired and enforced on a

country-by-country basis – remains an essential element of the copyright system in the EU. It stressed that the approach to tackling

geo-blocking and fostering cross-border online services should protect cultural diversity and the industry's economic model. The EP

called in particular for the respect of the financing of audio-visual and film productions which are still based on the territoriality of

rights in Europe, and asked the Commission to better identify and take into account the specific impact of territoriality on the financing

of audio-visual works.

The Council started to discuss the Commission proposal for a Regulation on Geo-blocking and other forms of discrimination based on

customers' nationality, place of residence or place of establishment within the internal market.

The European Parliament Internal Market and Consumer Protection Committee, the Industry, Research and Energy Committee, the

Culture and Education Committee and the Legal Affairs Committee are currently preparing their positions on the proposal.

References:


• European Commission, Proposal for a Regulation on addressing geo-blocking and other forms of discrimination based on

customers' nationality, place of residence or place of establishment within the internal market, COM(2016) 289

• European Commission, Commission proposes new e-commerce rules to help consumers and companies reap full benefit of Single Market,

Press release, 25 May 2016

• European Parliament, Resolution of 9 July 2015 on the implementation of Directive 2001/29/EC of the European Parliament and

of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society,

2014/2256(INI)


• EP Legislative Observatory, Procedure file of Regulation on Geo-blocking and other forms of discrimination based on customers'

nationality, place of residence or place of establishment within the internal market, 2016/0152(COD)

Further reading:

• European Parliament, EPRS, EU Legislation in Progress: Geo-blocking and discrimination among customers in the EU, July 2016

• European Parliament, EPRS, Digital Single Market and geo-blocking, 2015

• European Parliament, EPRS, EU copyright reform: revisiting the principle of territoriality, 2015

• European Parliament, IPOL, Discrimination of Consumers in the Digital Single Market, Study, 2013

For further information: Tambiama Madiega, [email protected]

RAPPORTEURRóża Gräfin von THUN UND HOHENSTEIN


• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016PC0289

• http://europa.eu/rapid/press-release_IP-16-1887_en.htm



• http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=&reference=2016/0152(COD)

• http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/586620/EPRS_BRI(2016)586620_EN.pdf

• http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-AaG-557002-Digital-Single-Market-and-Geoblocking-


http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016PC0289


http://europa.eu/rapid/press-release_IP-16-1887_en.htm









http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=&reference=2016/0152(COD)

http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=&reference=2016/0152(COD)

http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/586620/EPRS_BRI(2016)586620_EN.pdf

http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-AaG-557002-Digital-Single-Market-and-Geoblocking-FINAL.pdf

http://epthinktank.eu/2015/10/06/eu-copyright-reform-revisiting-the-principle-of-territoriality/

http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/507456/IPOL-IMCO_ET%282013%29507456_EN.pdf


FINAL.pdf

• http://epthinktank.eu/2015/10/06/eu-copyright-reform-revisiting-the-principle-of-territoriality/

• http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/507456/IPOL-IMCO_ET(2013)507456_EN.pdf


MODERN EUROPEAN COPYRIGHT RULES [ DEPARTURES ]


CONTENT

Digital technologies have radically changed the way creative content is accessed, produced and distributed. EU internet users

increasingly listen to music, watch videos and play games online. Many of them, especially the youngest ones, expect to do so while

they travel in the EU. The new digital environment has an impact on both users and the creative industries, and represents a challenge

to the implementation of coherent copyright legislation throughout the EU.

Since EU copyright rules date back to 2001 (before the start of the digital revolution), the European Commission had announced that it

would propose new rules to respond to new technologies, consumer behaviour and market conditions. As part of the Digital Single

Market Strategy, on 9 December 2015, the Commission presented a Communication - Towards a modern, more European copyright

framework on 9 December 2015 which sets an action plan to reform the EU copyright framework.

Along its recent Communication on Proomoting a fair, efficient and competitive European copyright-based economy in the Digital

Single Market adopted on 14 September 2016, the Commission presented a combination of legislative and non-legislative measures

to modernise the EU copyright rules including:

• a proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market;

• a proposal for a Regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and

related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio

programmes;

• a proposal for a Directive of the European Parliament and of the Council on certain permitted uses of works and other subject-

matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled

and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society;

and

• a proposal for a Regulation of the European Parliament and of the Council on the cross-border exchange between the Union and

third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the


benefit of persons who are blind, visually impaired or otherwise print disabled.

The modernisation of the EU copyright rules built on four complementary pillars:

1. Widening access to content across the EU. As a first step towards improving access to cultural works, the Commission put forward

a draft Regulation on cross-border portability of online content services (See fiches on ending unjustified geo-blocking and portability

of online content above). The Commission proposed as well specific measures to foster the cross-border distribution of television and

radio programmes online and facilitate licensing agreements (see fiche on the draft Regulation on copyright and related rights for

online transmissions and retransmissions of television and radio programmes and the fiche on the draft Directive on Copyright in the

Digital Single Market).

2. Exceptions to copyright rules for an innovative and inclusive society. Exceptions allow for copyright-protected works to be used, in

defined circumstances, without prior authorisation from the rights holders. The Commission proposed more harmonisation in this

area (See fiche on the draft directive on Copyright in the Digital Single Market). In parallel, two legislative proposals have been

adopted in relation to the implementation into EU law of the Marrakesh Treaty, which requires parties to introduce exceptions

supporting people with print disabilities to access books and other print material in formats that are accessible to them (see fiche on

the Marrakesh Treaty implementation framework).

3. Creating a fairer marketplace. The Commission looked at the role of online intermediaries in relation to copyright-protected work

and proposed to introduce specific measures to ensure a well-functioning marketplace for copyright and the equitable sharing of the

value generated by new forms of online content (See fiche on the draft directive on Copyright in the Digital Single Market).

4. Fighting piracy. Wider availability of content will help to fight piracy. Beyond that, the Commission will step up enforcement

against commercial-scale infringements of intellectual property rights. A public consultation evaluated the functioning of the existing

legal framework (Directive 2004/48/EC on the enforcement of IPR (IPRD)) in the online environment with a view to identifying the

possible need for adaptation and to propose corrective measures. The Commission announced that it would work on a European

framework to "follow-the-money" in order to cut the financial flows to businesses which make money out of piracy. Furthermore, the

Commission said they would also explore other options to strengthen the involvement of intermediary service providers in the

protection of IPR.

Before the copyright reform package was unveiled by the European Commission, the European Parliament adopted two resolutions

setting the EP’s approach to the modernisation of the EU copyright rules. .

On 9 July 2015, the European Parliament adopted a resolution on the implementation of Directive 2001/29/EC on the harmonisation

of certain aspects of copyright and related rights in the information society (rapporteur, Julia Reda, Greens/EFA, Germany). The

resolution called upon the Commission to present an ambitious proposal for reform, and invited the Commission, inter alia, to study

the impact of the introduction of a single European Copyright Title, to strengthen some exceptions to copyright protection (especially

for institutions of public interest such as libraries and for research and education purpose) and to examine carefully the possibility of

making certain exceptions mandatory. The report also urged the Commission to propose ways to improve the cross-border

accessibility of services and copyrighted content for consumers and in the interest of cultural diversity.


Furthermore, in its resolution Towards a Digital Single Market Act (rapporteurs: Evelyne Gebhardt, S&D, Germany and Kaja Kallas,

ALDE, Estonia) adopted on 18 January 2016 the EP inter alia welcomed the Commission's commitment to modernise the current

copyright framework to adapt it to the digital age and urged the Commission to assess the role of online platforms in order to fight

illegal content on the internet. The EP also emphasised that the principle of territoriality remains an essential element of the copyright

system in the EU and stressed the approach for tackling geo-blocking and fostering cross-border online services should protect cultural

diversity and the industry's economic model.

Below we describe the legislative proposals put forward to modernise the EU copyright rules:

Directive on copyright in the Digital Single Market

On 14 September 2016, in line with the Digital Single Market strategy, the European Commission presented a legislative package for

the modernisation of the EU copyright rules including a new directive on copyright in the Digital Single Market.

The objective of the directive on copyright in the Digital Single Market is to adapt the EU copyright rules in a context where digital

technologies are rapidly changing the way works and other protected subject matter are created, produced, distributed and exploited.

The directive on copyright in the Digital Single Market aims at facilitate the licensing of European audio-visual works and the

digitisation and making available of-out-of-commerce works, adapt key exceptions to the digital and cross-border environments, and

achieve a well-functioning marketplace for copyright, especially the sharing of value in the online market place. A set of measures is

proposed in this respect.

The Directive introduces new mandatory exceptions in the areas of education, research, and preservation of cultural heritage. A new

exception on illustration for teaching aims to provide full legal certainty for the use of protected content in digitally-supported and

online teaching activities, including across borders. The proposal also introduces a new mandatory exception for text and data mining

carried out for the purposes of scientific research. Finally, the proposal also includes a new mandatory exception for digital

preservation by cultural heritage institutions, which takes into account the needs of content in digital forms and the use of digital

technology in preservation. The Commission, however, does not propose to legislate at this stage on the ?panorama exception', which

allows people to take and upload pictures of works like buildings or sculptures located in public spaces. The Commission strongly

recommends that all Member States implement this exception and will continue monitoring these developments.

The Directive introduces specific measures to ensure a well-functioning marketplace for copyright and the equitable sharing of the

value generated by the new forms of online content. To that end, the Commission proposes to create a new related right for

publishers of press publications for the digital use of their publications in order to put them in a better negotiating position when they

contract with online services using and enabling access to their content and thus to better fight piracy. Member States are also

required to put in place a legal mechanism to facilitate licensing agreements of out-of-commerce works and other subject-matter and


a negotiation mechanism to facilitate negotiations on the online exploitation of audiovisual works. Service providers that store and

provide access to large amounts of works are requested to take, in cooperation with right holders, appropriate and proportionate

measures, including based on content recognition technology, to ensure the functioning of agreements with right holders and the fight

against piracy. Finally, measures including transparency obligations and a dispute resolution mechanism are proposed to ensure a

better functioning of the marketplace for copyright in the EU.

Regulation on online transmissions of broadcasting organisations and retransmissions of television and radio

programmes

On 14 September 2016, in line with the Digital Single Market strategy, the European Commission presented a legislative package for

the modernisation of the EU copyright rules including a new Regulation on online transmissions of broadcasting organisations and

retransmissions of television and radio programmes. The objective of the draft Regulation is to promote the cross-border provision of

online services ancillary to broadcasts and to facilitate digital retransmissions over closed networks of TV and radio programmes

originating in other Member States by adapting the EU legal framework.

The Regulation complements the existing Satellite and Cable Directive that already facilitates cross-border satellite broadcasting and

retransmission by cable of TV and radio programmes from other Member States. It proposes to address the difficulties related to the

clearance of copyright in two ways.

Firstly, the Regulation establishes that the rights required for the online services of broadcasters that are directly related to their

broadcasts (for instance the online simulcasting of their satellite broadcast) are to be cleared for the broadcaster’s country of principal

establishment (i.e. the principle of the “country of origin”). This measure would help broadcasters to make their content available

online also in other Member States.

Secondly, the Regulation extends the system of compulsory collective management currently applicable to cable retransmission to

other equivalent digital retransmissions. This measure would make it easier for retransmission operators to clear the rights in

programmes from other Member States in order to offer to their users more channels from across the Union.

The Marrakesh Treaty Implementation framework

The Marrakesh Treaty to Facilitate Access to Published Works for Persons who Are Blind, Visually Impaired, or Otherwise Print Disabled

was negotiated and adopted in 2013 under the auspices of the World Intellectual Property Organisation (WIPO). It aims at facilitating

the availability and cross-border exchange of books and other print material in formats that are accessible to persons with print

disabilities around the world. To that end, the Marrakesh Treaty requires its parties to provide exceptions or limitations to copyright

and related rights for the benefit of blind, visually impaired and otherwise print disabled persons, such as dyslectic people. The treaty

also allows for the cross-border exchange of special format copies of books, including audio books and digital files, and other print

material between those countries that are parties to the Treaty.


The EU has signed the Treaty in April 2014 and must now implement it into EU law. On 14 September 2016, in line with the Digital

Single Market strategy, the European Commission presented a legislative package for the modernisation of the EU copyright rules

including two texts relating to the implementation of the Marrakesh Treaty.

A Directive on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of

persons who are blind, visually impaired or otherwise print disabled introduces a mandatory exception for the beneficiaries of the

Marrakesh Treaty in the internal market and cross-border effect to that exception.

A Regulation on the cross-border exchange between the Union and third countries of accessible format copies of certain works and

other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise

print disabled would govern the exchange of accessible format copies with third countries which are parties to the Marrakesh Treaty.

The text introduces a new mandatory exception allowing people who are blind, have other visual impairments or are otherwise print

disabled (for example dyslexic persons) to access books and other content in formats that are accessible to them, including across

borders.

References:

• European Commission, Communication, Towards a modern, more European copyright framework, COM(2015) 626

• European Commission, Chapeau communication - Promoting a fair, efficient and competitive European copyright-based economy

in the Digital Single Market, COM(2016)592

• European Commission, Proposal for a Regulation of the European Parliament and of the Council laying down rules on the exercise

of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of

television and radio programmes, COM(2016)594

• European Commission, Proposal for a Regulation of the European Parliament and of the Council on the cross-border exchange

between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright

and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled, COM(2016)595

• European Commission, Proposal for a Directive of the European Parliament and of the Council on certain permitted uses of works

and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or

otherwise print disabled , COM(2016)596

• European Commission, Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single

Market, COM(2016)593

• European Parliament, Resolution of 9 July 2015 on the harmonisation of certain aspects of copyright and related rights in the

information society, 2014/2256(INI)


• EP Legislative Observatory, Procedure file of Commission Communication 'Towards a modern, more European copyright

framework', COM(2015)0626


http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2015%3A626%3AFIN

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2015%3A626%3AFIN

https://ec.europa.eu/digital-single-market/en/news/promoting-fair-efficient-and-competitive-european-copyright-based-economy-digital-single-market

https://ec.europa.eu/digital-single-market/en/news/promoting-fair-efficient-and-competitive-european-copyright-based-economy-digital-single-market

https://ec.europa.eu/digital-single-market/en/news/proposal-regulation-laying-down-rules-exercise-copyright-and-related-rights-applicable-certain



https://ec.europa.eu/digital-single-market/en/news/proposed-regulation-cross-border-exchange-between-union-and-third-countries-accessible-format



https://ec.europa.eu/digital-single-market/en/news/proposal-directive-permitted-uses-works-and-other-subject-matter-protected-copyright-and



https://ec.europa.eu/digital-single-market/en/news/proposal-directive-european-parliament-and-council-copyright-digital-single-market

https://ec.europa.eu/digital-single-market/en/news/proposal-directive-european-parliament-and-council-copyright-digital-single-market





http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM%282015%290626&l=en

http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM%282015%290626&l=en

• World Intellectual Property Organisation, Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,

Visually Impaired or Otherwise Print Disabled, June 27, 2013

Further reading:

• European Parliament, EPRS, EU copyright reform: revisiting the principle of territoriality, 2015

• European Parliament, EPRS, Towards reform of the EU Copyright Directive, 2015

• European Parliament, EPRS, Review of the EU Copyright Framework: European Implementation Assessment, 2015



• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2015:626:FIN

• https://ec.europa.eu/digital-single-market/en/news/promoting-fair-efficient-and-competitive-european-copyright-based-economy-digital-single-market

• https://ec.europa.eu/digital-single-market/en/news/proposal-regulation-laying-down-rules-exercise-copyright-and-related-rights-applicable-certain

• https://ec.europa.eu/digital-single-market/en/news/proposed-regulation-cross-border-exchange-between-union-and-third-countries-accessible-format

• https://ec.europa.eu/digital-single-market/en/news/proposal-directive-permitted-uses-works-and-other-subject-matter-protected-copyright-and

• https://ec.europa.eu/digital-single-market/en/news/proposal-directive-european-parliament-and-council-copyright-digital-single-market



• http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM(2015)0626&l=en

• http://www.wipo.int/treaties/en/ip/marrakesh/


• http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-AaG-564364-Towards-reform-of-EU-copyright-directive-FINAL.pdf

• http://www.europarl.europa.eu/RegData/etudes/STUD/2015/558762/EPRS_STU(2015)558762_EN.pdf



http://www.wipo.int/treaties/en/ip/marrakesh/

http://www.wipo.int/treaties/en/ip/marrakesh/



http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-AaG-564364-Towards-reform-of-EU-copyright-directive-FINAL.pdf

http://www.europarl.europa.eu/RegData/etudes/STUD/2015/558762/EPRS_STU(2015)558762_EN.pdf



REVIEW OF THE CONSUMER PROTECTION CO-OPERATION (CPC) REGULATION /2016-5 [ DEPARTURES ]


CONTENT

To build consumer trust in the European Digital Single Market, EU-wide enforcement is crucial. The Consumer Protection Cooperation

(CPC) Regulation No 2006/2004 has set up a network of national enforcement authorities to ensure enforcement of the main EU

consumer laws across borders consistently. The primary aim was to ensure legal certainty in the Single Market via coherent

enforcement of key Union consumer acquis.

Following the assessment of the CPC Regulation, it appears that the existing rules need to be replaced to respond to the challenges of

the digital economy and the development of cross-border retail trade in the EU.

The review of the CPC Regulation is a priority initiative of the Commission. A legislative proposal for revision was submitted on 25 May

2016 as part of the Commission’s e-commerce package. The aim is to strengthen enforcement of consumers' rights by deveeloping

more efficient cooperation mechanisms among national authorities in charge of the enforcement of EU consumer legislation. The

Commission notably proposed improvements aimed at tackling widespread infringements on the online markets and ensuring more

rapid and consistent enforcement of consumer rules. This should increase certainty and reduce litigation costs.

In its 2016 resolution “Towards a Digital Single Market Act”, the European Parliament welcomed a review of the Consumer Protection

Cooperation Regulation announced by the Commission. It stressed that the extension of competencies of the supervisory authorities

and the strengthening of their cooperation was a prerequisite for the effective enforcement of consumer rules for online shopping.

There it also called on the Commission to make concerted efforts to add the provision of Article 20(2) of the Services Directive to the

Annex of Regulation (EC) 2006/2004 in order to make use of the Consumer Protection Cooperation Network’s investigation and

enforcement powers. It further called on the Commission to cooperate with all stakeholders and Parliament to introduce clear

guidance on the applicability of the consumer acquis to traders using online platforms and, where necessary, assistance to Member

State consumer protection authorities to properly enforce consumer law.

The parliaments of Austria, Bulgaria, the Czech Republic and Sweden each submitted reasoned opinions regarding the Commission’s

proposal within the subsidiarity deadline, which was set for 1 September 2016.

The European Parliament Committee on Internal Market and Consumer Protection is responsible for the file.

References:

• European Commission, Proposal on cooperation between national authorities responsible for the enforcement of consumer

protection laws, COM(2016) 283

• EP Legislative Observatory, Procedure file of Regulation on Cooperation between national authorities responsible for the

enforcement of consumer protection laws, 2016/0148(COD)

• European Commission, Commission proposes new e-commerce rules to help consumers and companies reap full benefit of


http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:0283:FIN


http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=2016/0148(COD)&l=en



Single Market, Press release, 25 May 2016

Further reading:

• European Parliament, EPRS, Implementation Appraisal on Regulation 2006/2004 on consumer protection cooperation, Briefing,

April 2016

• European Parliament, EPRS, Consumer Protection Cooperation, EU Legislation in Progress, September 2016

For further information: Jana Valant, [email protected]

RAPPORTEUROlga SEHNALOVÁ



• http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=2016/0148(COD)&l=en


• http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2016)573295



CROSS-BORDER PARCEL DELIVERY / 2016-5 [ DEPARTURES ]


CONTENT

As part of the key measures foreseen in the Digital Single Market Package, the Commission has committed to bringing forward

additional measures, including a legislative proposal. A proposal for a regulation on cross-border parcel delivery services in the EU was

put forward on 25 May 2016. The aim is to improve price transparency and make the regulatory oversight of cross-border parcel



http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2016)573295




delivery services more effective. These measures will complement other ongoing self-regulatory and co-regulatory action by delivery

operators, e-retailers and the Commission.

The sometimes prohibitive nature of the prices for cross-border delivery services hinders the development of e-commerce. Studies

show that cross-border parcel prices can be almost 5 times higher, without any obvious link with the real cost of parcel delivery

incurred in the destination country.

Almost 4 billion parcels are ordered online and delivered every year in the EU. But the potential for e-commerce is much greater –

while 44% of consumers buy online in their own country, far fewer (15%) order online from another country.

Following a public consultation in 2012, the Commission developed a Roadmap, with the aim of improving the affordability,

availability and accessibility of cross-border parcel delivery services.

The European Parliament Committee on Transport and Tourism is responsible for the file on cross-border parcel delivery services

(rapporteur Lucy Anderson, S&D, United Kingdom). Previously, in its 2016 resolution, Towards a Digital Single Market Act, the

European Parliament argued that the inadequacies of cross-border parcel delivery can be solved only from a European Single Market

perspective. It supported the proposed measures to improve price transparency as a means to increase consumer awareness of the

price structure, calling on the Commission and the Member States to actively share best practices in the parcel delivery sector. It also

called on the Commission to propose a revision of the relevant legislation if need be, stressing that the further harmonisation of parcel

delivery should not lead to lower social protection and working conditions for parcel deliverers, irrespective of their employment

status.

Within the subsidiarity deadline for national parliaments to react on Commission’s proposal, which was set for 25 July 2016, no

reasoned opinion has been submitted.

References:

• European Commission, Communication on Digital Single Market Strategy for Europe, COM(2015) 192

• European Commission, Proposal for a Regulation on cross-border parcel delivery services, COM(2016) 285

• EP Legislative Observatory, Procedure file of Regulation on Cross-border parcel delivery services, 2016/0149(COD)

• European Commission, Parcel delivery in the EU, website

• European Commission, Commission proposes new e-commerce rules to help consumers and companies reap full benefit of Single Market,

Press release, 25 May 2016

• European Commission, Communication 'Roadmap for completing the single market for parcel delivery Build trust in delivery

services and encourage online sales', COM(2013)886


Further reading:

• European Parliament, EPRS, Postal services in the digital age, January 2016

• European Parliament, EPRS, Digital Single Market: Cross-border parcel delivery services, Initial Appraisal of a European Commission

Impact Assessment, July 2016

• European Parliament, EPRS, Cross-border parcel delivery services, EU Legislation in Progress, July 2016


http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015DC0192&from=EN#page=5


http://ec.europa.eu/DocsRoom/documents/16741



https://ec.europa.eu/growth/sectors/postal-services/parcel-delivery_en













http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN&ring=A8-2015-0371

https://epthinktank.eu/2016/01/20/postal-services-in-the-digital-age/

https://epthinktank.eu/2016/01/20/postal-services-in-the-digital-age/

http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI%282016%29581423



RAPPORTEURLucy ANDERSON


• http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015DC0192&from=EN#page=5

• http://ec.europa.eu/DocsRoom/documents/16741


• https://ec.europa.eu/growth/sectors/postal-services/parcel-delivery_en



• http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN&ring=A8-2015-0371

• https://epthinktank.eu/2016/01/20/postal-services-in-the-digital-age/




OVERHAUL OF EU-TELECOMS RULES / 2016-9 [ DEPARTURES ]

> DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE> BETTER BUSINESS ENVIRONMENT FOR DIGITAL NETWORKS & SERVICES

CONTENT

The overhaul of telecom rules has been announced in the Digital Single Market Strategy. The European Parliament in its resolution on

“Towards a Digital Single Market Act” has asked the Commission to propose rules fit for the digital age which would boost investment,

competition and innovation for over-the-top services and telecom operators to the benefit of consumers. Similarly on 28 June 2016 the

European Council adopted an agenda advocating to deploy very high-capacity fixed and wireless broadband connectivity across

Europe in order to boost the future competitiveness of Europe.

The purpose of the telecom framework review is to consolidate the single market in telecommunications, supported by infrastructure



investments and to reform the regulatory framework for electronic communications dating from 2009. As stipulated in the overarching

Communication “Towards a European Giigabit society” put forward on the 14 of September 2016, the European Commission has set

three strategic connectivity objectives for 2025:

1. All main socio-economic drivers, such as schools, universities, research centres, transport hubs, all providers of public services

such as hospitals and administrations, and enterprises relying on digital technologies, should have access to extremely high - gigabit -

connectivity (allowing users to download/upload 1 gigabit of data per second).

2. All European households, rural or urban, should have access to connectivity offering a download speed of at least 100 Mbps,

which can be upgraded to Gbps.

3. All urban areas as well as major roads and railways should have uninterrupted 5G coverage, the fifth generation of wireless

communication systems. As an interim target, 5G should be commercially available in at least one major city in each EU Member State

by 2020.

At the same time of the Communication on the 14th of September, the European Commission proposed three new legislative

proposals and one non-legislative measure. The three legislative proposals include firstly, a new European Electronic Communications

Code to increase investments in infrastructure. Secondly, a legislative proposal (Wifi4EU), to increase free Wi-Fi access points to any

citizen. And thirdly, a legislative proposal to reinforce the role of national regulators and the Agency BEREC. These three legislative

proposals are further explained below and they will be dealt with individually in the European Parliament:

1. WIFI4EU - Promoting of Internet connectivity in local communities

The legislative proposal concentrates on the provision of fast wireless Internet connections for citizens which are in spaces where

public services are provided, such as public administrations, libraries and hospitals. In addition, other places where community life

takes place will also be targeted, especially outdoor spaces accessible by the general public. In addition to contributing to the

development of the public infrastructure, an important effect would be to raise the awareness of the benefits of high capacity internet

services. The promotion of wireless internet connectivity would be achieved through simplified planning procedures and lightened

regulatory obligations, as well as financial incentives provided through the EU budget.

2. The Electronic Communications Code

The Code establishes common EU rules and objectives on regulating the telecom industry. It defines how providers of networks and/or

services can be regulated by national authorities. The Code will amend four existing Directives (Framework, Authorisation, Access and

Universal Service), and will integrate all the non-amended parts into a new Directive.

In the new Code, the Commission proposed measures to increase competition and predictability for investments. In order to increase

long-term certainty for investors, the Commission envisaged a more coherent and stable regulatory environment across the EU. Market

regulation is to only apply where in the interest of the end-user and where competitive outcomes are not achieved because of

arrangements between operators. The new Code also aims to significantly reduce regulation concerning co-investment of rival

operators in very high-capacity networks and facilitate participation of smaller players and first movers in investment projects.

Furthermore, the Commission proposed to improve coordination and use of radio-frequencies across the EU. This is to be achieved by

long durations of licences, and stricter requirements on effective and efficient spectrum use. It also proposes to coordinate timing of

assignments so that spectrum can be released more efficiently to the EU market. The Commission aims at achieving more convergence

in national spectrum policies across the EU so that the full wireless coverage across the EU can be provided.


http://berec.europa.eu/

The Code also aims to deliver stronger consumer protection. This is particularly focused on the gaps where the sector-specific needs

are not addressed by general consumer protection. The new rules intend to facilitate the process of switching suppliers and help

vulnerable groups to have the right to affordable internet contracts.

Lastly, the Code contains measures to create a safer online environment for users and fairer rules for all players. Similar rules which

apply to traditional operators will now cover new online players providing equivalent service. They would have to provide contractual

rules to their customers. End-users will also be able to reach emergency number 112 via online services. Operators that do not use

number such as WhatsApp will have to ensure security of their servers and networks and allow equal access to their services for

disabled.

3. Regulation establishing the Body of European Regulators of Electronic Communications (BEREC)

The new legislative proposal of the Commission aims at transforming BEREC into a fully-fledged agency and is in line with the new

European Communications Code. The Code identifies areas where BEREC should contribute to achieving the connectivity and

regulatory consistency objectives (such as cross-border matters, guidance for national regulatory authorities, etc.). In this context, in

2015, the EU assigned BEREC additional tasks as regards open internet access and roaming. In addition, the Commission proposal

aims to ensure that a single management board becomes capable of taking regulatory decisions as well as the corresponding

administrative and financial decisions. The revamped agency should count with some additional resources, while maintaining the

pooling of valuable technical expertise from NRAs.

The proposal entrusts BEREC with new tasks, including some legally binding powers to make sure that the regulatory framework is

applied consistently, such as providing guidelines for NRAs on geographical surveys, but also developing common approaches to

deliver peer-reviewed opinions on draft national measures on radio spectrum assignments or on cross-border disputes.

In addition to these three legislative proposals, the European Commission also presented an ‘action Plan for 5G’: a non-legislative

measure which foresees a common EU calendar for a coordinated 5G commercial launch in 2020, as well as joint work with Member

States and industry stakeholders to identify and allocate spectrum bands for 5G, organise pan-European 5G trials as of 2018, promote

common global 5G standards and encourage the adoption of national 5G deployment roadmaps across all EU Member States.

References:

• European Commission, Communication - Connectivity for a Competitive Digital Single Market - Towards a European Gigabit

Society, COM (2016) 587

• European Commission, Proposal for a Regulation of the European Parliament and of the council as regards the promotion of

Internet connectivity in local communities , COM(2016) 589

• European Commission, Proposal for a Directive of the European Parliament and of the Council establishing the European

Electronic Communications Code (Recast) COM (2016) 590

• EP, Legislative Observatory Procedure file on the European Electronic Communications Code. Recast, 2016/0288(COD)

• EP, Legislative Observatory Procedure file on Promoting of Internet connectivity in local communities, COD/2016/0287


https://ec.europa.eu/digital-single-market/en/news/communication-connectivity-competitive-digital-single-market-towards-european-gigabit-society

https://ec.europa.eu/digital-single-market/en/news/communication-connectivity-competitive-digital-single-market-towards-european-gigabit-society

http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0589/COM_COM(2016)0589_EN.pdf


https://ec.europa.eu/digital-single-market/en/news/proposed-directive-establishing-european-electronic-communications-code

https://ec.europa.eu/digital-single-market/en/news/proposed-directive-establishing-european-electronic-communications-code


http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0287(COD)&l=en

• EP, Legislative Observatory Procedure file on the Body of European Regulators for Electronic Communications, 2016/0286(COD)

• European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing the European

Electronic Communications Market Authority, COM(2007) 699

• European Commission, State of the Union 2016: Commission paves the way for more and better internet connectivity for all citizens and

businesses, Press Release, 14 September 2016.


• European Commission, Commission launches a 360° review of telecoms rules and seeks views about future needs for Internet

speed and quality, Q&A, Press Release, September 2015.

• European Commission, Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009

establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (Text with EEA relevance), OJEU,

18.12.2009

• European Council, Conclusions of 28 June 2016, EUCO 26/16

• European Parliament, Towards a Digital Single Market Act, Resolution adopted on 19 January 2016

• European Commission, Synopsis report on the public consultation on the needs for Internet speed and quality beyond 2020 and

measures to fulfil these needs by 2020, 20 June 2016

Further reading:

• European Parliament, EPRS, A Digital Single Market Strategy for Europe, Briefing, September 2015

• European Parliament, EPRS, Reforming the regulatory framework for electronic communications networks and services, Briefing,

August, 2016

• European Parliament, EPRS, Broadband as a universal service, Briefing, April 2016

• European Parliament, EPRS, Bridging the digital divide in the EU, Briefing, December 2015

• European Parliament, EPRS, The regions in the Digital Single Market - ICT and the digital opportunities for regions and cities, Briefing,

October 2015



• http://berec.europa.eu/

• https://ec.europa.eu/digital-single-market/en/news/communication-connectivity-competitive-digital-single-market-towards-european-gigabit-society

• http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0589/COM_COM(2016)0589_EN.pdf

• https://ec.europa.eu/digital-single-market/en/news/proposed-directive-establishing-european-electronic-communications-








https://ec.europa.eu/digital-single-market/en/news/qa-commission-launches-360deg-review-telecoms-rules-and-seeks-views-about-future-needs-internet

https://ec.europa.eu/digital-single-market/en/news/qa-commission-launches-360deg-review-telecoms-rules-and-seeks-views-about-future-needs-internet

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32009R1211


http://data.consilium.europa.eu/doc/document/ST-26-2016-INIT/en/pdf

http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN

http://ec.europa.eu/information_society/newsroom/image/document/2016-17/synopsis_report_15297.pdf

http://ec.europa.eu/information_society/newsroom/image/document/2016-17/synopsis_report_15297.pdf


http://www.eprs.sso.ep.parl.union.eu/eprs/auth/en/product_browse.html





code


• http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0287(COD)&l=en





• https://ec.europa.eu/digital-single-market/en/news/qa-commission-launches-360deg-review-telecoms-rules-and-seeks-views-about-future-needs-internet

• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1211

• http://data.consilium.europa.eu/doc/document/ST-26-2016-INIT/en/pdf

• http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN

• http://ec.europa.eu/information_society/newsroom/image/document/2016-17/synopsis_report_15297.pdf


• http://www.eprs.sso.ep.parl.union.eu/eprs/auth/en/product_browse.html





JD - REVIEW OF THE AUDIOVISUAL MEDIA FRAMEWORK / 2016-5 [ DEPARTURES ]


CONTENT

In the past ten years, the audiovisual market has rapidly evolved leading to the gradual convergence of audiovisual media. While the

conventional TV screen remains a widely used device to share audiovisual experiences, many viewers increasingly access on-demand

content via smaller screens (smart phones or tablets). Yet, TV broadcasting, video on-demand (VoD) and user-generated content are

currently subject to different rules and varying levels of consumer protection. The recent Commission proposal on provision of


audiovisual media services in view of changing market realities, put forward on 25 May 2016, aims to address these discrepancies by

introducing future-proof more flexible rules when restrictions only applicable to TV are no longer justified. Concretely, the hourly 20%

limit on advertising time becomes daily (between 7am and 11pm). The two-tier approach (i.e. lighter regulation for VoD compared to

TV broadcasting) in terms of protection of minorss is replaced by common rules valid for all AVMS providers without distinction

concerning content that 'may impair'. The grounds for prohibiting hate speech are set to be aligned to those of the Framework

Decision on combating certain forms and expressions of racism and xenophobia.

With respect to the promotion of European works, the European Commission suggests that at least 20% of the catalogues of VoD

providers offer prominence to such works. The proposal also formalises the role of the European Regulators Group for Audiovisual

Media Services. Finally, the scope of the Directive is extended to include for the first time online platforms.

The Council had a first exchange of views on 31 May 2016. Ministers underlined the timely updating the AVMS, and drew the attention

to the necessary respect of European cultural and linguistic diversity, the freedom and pluralism of the media, the openness of the

Internet and the protection of consumers and in particular minors. In addition, ministers addressed in particular the importance of

public policies for cross-border circulation of European audiovisual content. They considered several issues, such as content creation

versus audience reach, co-productions, national financial incentives and quotas.

The European Commission proposal was referred to the EP Committee on Culture and Education (CULT) on 9 June 2016. There was

an initial discussion on 21 June 2016. The two co-rapporteurs on the proposal, Petra Kammerevert (S&D) and Sabine Verheyen (EPP),

the two co-rapporteurs welcomed the simplification of the 'country of origin principle', the deregulation of rules on commercial

communications and the improvements in the protection of minors. They were, however, less enthusiastic about the deletion of the

sector-specific accessibility provisions, arguing that small businesses may not be able to meet the costs of a blanket approach.

Likewise, they questioned the rationale behind maintaining a distinction between linear and non-linear services in an increasingly

blurred media environment, where linear channels make their programmes available on an on-demand basis.

The draft report was presented on 26 September 2016. Overall, P. Kammerevert and S. Verheyen support the principle of a more level

playing field for traditional broadcasting services and on demand services. They propose however a variety of amendments reflecting

their meetings, with over 90 stakeholders. In addition, they suggest that the quota for European content be raised from 20% to 30%,

given that the current average among EU countries stands at 27%. The two co-rapporteurs are also proposing to enhance the

provisions on advertising by way of a stricter application of the 20% daily quota during the main listening hours (8.00pm to 11.00pm).

Likewise, they back the restrictions on advertising for alcoholic drinks, tobacco and prescription medicines, but consider that

advertising on nutrition should be regulated by professional codes of conduct. Last but not least, the draft report suggests applying the

directive notification and withdrawal principle on e-commerce in cases where videos can be harmful to minors.

The measure which drew most criticism by the co-rapporteurs was the one on decision-making. P. Kammerevert and S. Verheyen

asserted that the Contact Committee – chaired by the Commission and composed of representatives of the authorities of the EU

countries – should have an exclusive decision-making role, on the basis of opinions provided by the European Regulators Group for

Audiovisual Media (ERGA). This proposal was opposed by the Commission, as well as by MEPs in the Greens/EFA and GUE-NGL

Groups. The Commission argue that submitting the ERGA to the control of the contact committee “will create a paradoxical situation

between an independent and a political body”.

The deadline for amendments is set on 19 October 2016. The vote in committee is scheduled for 21 January 2017.


References:

• European Commission Press release: Commission updates EU audiovisual rules and presents targeted approach to online

platforms

• European Parliament Legislative Observatory, Procedure file on Audiovisual media services: changing market realities,

2016/0151(COD)

• European Parliament, Committee on Culture and Education draft legislative report on the proposal for a directive of the European

Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation

or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities,

2016/0151(COD)

Further reading:

• European Parliament, EPRS, The Audiovisual Media Services Directive, Briefing, June 2016

•

For further information: Ivana Katsarova, [email protected]

RAPPORTEURPetra KAMMEREVERT

RAPPORTEURSabine VERHEYEN




• http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE587.655







http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE587.655




JD - PROPOSAL FOR A REGULATION ON PRIVACY AND ELECTRONICCOMMUNICATIONS / BEFORE 2017-1 [ DEPARTURES ]


CONTENT

Special data protection rules apply to electronic communications services, as enshrined in the 2002/58/EC ‘e-Privacy’ Directive on the

processing of personal data and the protection of privacy in the electronic communications sector (as part of the EU telecoms package)

as modified by Directive 2009/136/EC.

The e-Privacy Directive complements the data protection Directive that will be replaced in 2018 by the GDPR (see our file Data

Protection Regulation). It includes provisions on: confidentiality of communications; security of networks and services; data breach

notifications; limited storage of traffic and location data; prior consent to spam and to cookies, besides other related issues.

This Directive is expected to be reviewed by the end of 2016 and a public consultation was carried out between April and July 2016.

One of the expected changes regards the scope of the Directive (which currently applies only to providers such as traditional telecoms

companiies) and should apply to other market players of the Information Society using the Internet: the aim is to ensure a high level of

data protection to users and a level playing field to companies. The Directive will have to take into account the new framework on the

protection of personal data (the General Data Protection Regulation adopted in April 2016).

Among the objectives of the review are:

• Updating the scope of the e-Privacy Directive in light of the new market and technological reality

• Ensuring consistency between the e-Privacy rules and the General Data Protection Regulation

• Enhancing security and confidentiality of communications and therefore trust in online services

• Addressing inconsistent enforcement and fragmentation of legislation across Europe.

The need to review the e-Privacy directive had been stressed by the European Parliament on several occasions. The EP had raised the

issue in the framework of written questions on ( e.g. the adequacy of current privacy rules facing the use of apps on mobile devices or

on cookies tracking non-registered users).

The European Parliament had also made recommendations to the Commission in the Resolution of 19 January 2016 on Towards a

Digital Single Market Act. In this resolution, the EP called for the revision of the e-Privacy Directive to ensure the consistency of

provisions with the data protection package. The issue has been debated during conferences organized in the EP premises (e.g. the

High level conference on Protecting online privacy organized by the LIBE Committee and STOA).

References:


• Directive 2002/58/EC of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic

communications sector (Directive on privacy and electronic communications).

• European Commission, ePrivacy Directive: Commission launches a public consultation to kick start the review, April 2016.

• European Parliament, Resolution of 19 January 2016 on Towards a Digital Single Market Act, 2015/2147(INI).

• European Parliament, STOA, High level conference on Protecting online privacy, 08 December 2015.

•

Further reading:

• European Data Protection Supervisor, Preliminary Opinion 5/2016 on the review of the ePrivacy Directive, Opinion, May 2016.

• European Parliament, EPRS, Golden Eye: Who rules tomorrow's Europe?, At a glance, April 2016

• European Commission, ePrivacy Directive: assessment of transposition, effectiveness and compatibility with proposed Data Protection

Regulation, June 2015

For further information: Shara Monteleone, [email protected]


• http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058&from=EN

• https://ec.europa.eu/digital-single-market/en/news/eprivacy-directive-commission-launches-public-consultation-kick-start-review

• http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2015/2147(INI)

• http://www.europarl.europa.eu/stoa/cms/home/workshops/privacy

• https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2016/16-07-22_Opinion_ePrivacy_EN.pdf

• http://www.europarl.europa.eu/RegData/etudes/ATAG/2016/581976/EPRS_ATA(2016)581976_EN.pdf

• https://ec.europa.eu/digital-single-market/en/news/eprivacy-directive-assessment-transposition-effectiveness-and-compatibility-proposed-data



http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058&from=EN

https://ec.europa.eu/digital-single-market/en/news/eprivacy-directive-commission-launches-public-consultation-kick-start-review

http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2015/2147%28INI%29

http://www.europarl.europa.eu/stoa/cms/home/workshops/privacy

https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2016/16-07-22_Opinion_ePrivacy_EN.pdf

http://www.europarl.europa.eu/RegData/etudes/ATAG/2016/581976/EPRS_ATA(2016)581976_EN.pdf

https://ec.europa.eu/digital-single-market/en/news/eprivacy-directive-assessment-transposition-effectiveness-and-compatibility-proposed-data

https://ec.europa.eu/digital-single-market/en/news/eprivacy-directive-assessment-transposition-effectiveness-and-compatibility-proposed-data


PUBLIC-PRIVATE PARTNERSHIPS FOR CYBERSECURITY / 2016-7 [ DEPARTURES ]


CONTENT

The omnipresence of information systems across all sectors and in human daily life leaves society exposed to numerous types of cyber

risks that might have profound impact not only on the digital sphere, but also on the off-line world. Revelations on surveillance

activities and cyber incidents have left no doubt about the vulnerability of Europe, both in its use of information and communication

technologies (ICT) and in its own supply of technologies and solutions.

Cybersecurity is also a fundamental element for building trust, which is essential to create and reap the benefits of the digital

economy. Yet, the market supply for ICT security products and services in Europe remains very fragmented, making it difficult, on the

one hand, for European companies to compete on the national and global level, and on the other, for European citizens and

enterprises to have access to viable technology. Thus, it is essential to enccourage industry to supply more secure solutions and

stimulate their take-up by enterprises and citizens.

For that purpose, the Commission on 5 July 2016 launched a Public-Private Partnership (PPP) on cybersecurity in the area of

technologies and solutions for online network security. More specifically, the Commission published a Decision to establish a

contractual public private partnership on cybersecurity.

On 5 July, it also published a Communication on Strengthening Europe's Cyber Resilience System and Fostering a Competitive and

Innovative Cybersecurity Industry. There, it explained that the total budget of the PPP on cybersecurity, which is launched under

Commission’s research and innovation programme Horizon 2020, will amount to €450 million. The Commission expects the

cybersecurity market players, which are represented by the European Cyber Security Organisation (ECSO), to invest three times more.

This partnership will also include members from national, regional and local public administrations, research centres and academia.

Its aim is to foster cooperation at early stages of the research and innovation process and to build cybersecurity solutions for various

sectors, such as energy, health, transport and finance.

The Public-Private Partnership is to be instrumental in structuring and coordinating digital security industrial resources in Europe. The

aim is to stimulate the European cybersecurity industry by:

• bringing together industrial and public resources to improve Europe's industrial policy on cybersecurity, focusing on innovation

and following a jointly-agreed strategic research and innovation roadmap

• helping build trust among Member States and industrial actors by fostering bottom-up cooperation on research and innovation

• helping stimulate cybersecurity industry by aligning the demand and supply for cybersecurity products and services, and allowing

the industry to efficiently elicit future requirements from end-users

• leveraging funding from Horizon2020 and maximizing the impact of available industry funds through better coordination and

better focus on a few technical priorities

• providing visibility to European R&I excellence in cyber security and digital privacy.These initiatives will add to the efforts to fight

cybercrime foreseen in the European Agenda on Security presented by the Commission on 28 April 2015.

• The PPP will build on the Strategic Research Agenda (SRA) in the area of secure information and communication technologies


(ICT), developed by the Network and Information Security Platform as published in September 2015.

References:

• Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the

Union

• European Network and Information Security (NIS) Platform, Cybersecurity Strategic Research Agenda - SRA, August 2015

• European Commission, Communication on European agenda on security, COM(2015) 185, 28 April 2015

• European Commission, Commission signs agreement with industry on cybersecurity and steps up efforts to tackle cyber-threats, Press

release, 5 July 2016

• European Commission, Commission Decision to establish a contractual public private partnership on cybersecurity, C(2016) 4400

final, 5 July 2016

• European Commission, Communication on Strenghtening Europe's Cyber Resilience System and Fostering a Competitive and

Innovative Cybersecurity Industry, COM(2016) 410 final, 5 July 2016

• European Commission, Horizon 2020, the EU Framework Programme for Research and Innovation, website



• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L1148

• http://www.kowi.de/Portaldata/2/Resources/horizon2020/coop/cybersecurity-SRA-final-v0_96-ENISA.pdf

• http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1472044563003&uri=CELEX:52015DC0185


• https://ec.europa.eu/digital-single-market/en/news/commission-decision-establish-contractual-public-private-partnership-cybersecurity-cppp

• https://ec.europa.eu/digital-single-market/en/news/communication-strenghtening-europes-cyber-resilience-system-and-fostering-competitive-and

• https://ec.europa.eu/programmes/horizon2020/



http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L1148


http://www.kowi.de/Portaldata/2/Resources/horizon2020/coop/cybersecurity-SRA-final-v0_96-ENISA.pdf

http://www.kowi.de/Portaldata/2/Resources/horizon2020/coop/cybersecurity-SRA-final-v0_96-ENISA.pdf

http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1472044563003&uri=CELEX:52015DC0185




https://ec.europa.eu/digital-single-market/en/news/commission-decision-establish-contractual-public-private-partnership-cybersecurity-cppp

https://ec.europa.eu/digital-single-market/en/news/communication-strenghtening-europes-cyber-resilience-system-and-fostering-competitive-and

https://ec.europa.eu/digital-single-market/en/news/communication-strenghtening-europes-cyber-resilience-system-and-fostering-competitive-and

https://ec.europa.eu/programmes/horizon2020/


ASSESSMENT OF PLATFORMS AND TACKLING ILLEGAL CONTENT / 2016 [ DEPARTURES ]


CONTENT

Online platforms (e.g. search engines, social media, e-commerce platforms, app stores, price comparison websites) are increasingly

playing a central role in social and economic life. They enable consumers to find online information and businesses to exploit the

advantages of e-commerce. Platforms have proven to be innovators in the digital economy. But they are also raising concerns. Some

platforms can control access to online markets and can exercise significant influence over how various players are remunerated.

Against this background, the Commission has launched a comprehensive analysis of the role of online platforms, including in the

sharing economy, to evaluate if further action is required. A public consultation was carried between 24 September 2015 and 6

January 2016.

On 25 May 2016, tthe Commission published a Communication on Online Platforms and the Digital Single Market Opportunities and

Challenges for Europe. The Commission has identified a number of areas where public or private interests need to be carefully

assessed and where better compliance with EU regulatory standards should be ensured. Where appropriate, self-regulation and co-

regulation will also be used.

As a general rule, when elaborating responses to issues related to online platforms, the Commission announced that the following

principles must be taken into account:

• a level playing field for comparable digital services;

• responsible behaviour of online platforms to protect core values;

• transparency and fairness for maintaining user trust and safeguarding innovation;

• open and non-discriminatory markets in a data-driven economy.

On the basis of the above-mentioned principle, the Commission will look at how to translate these principles into policy actions

including by (i) setting comparable rules for comparable digital services (e.g. in- ongoing reviews of EU telecoms legislation, and of the

e-Privacy Directive), (ii) setting an obligation for online platforms to behave responsibly (e.g. code of conduct on combatting hate

speech online),(iii) enhancing cross-border enforcement cooperation (e.g. consumer rights), (iv) ensuring open markets for a data-

driven economy (e.g. facilitating switching and portability of data among different online platforms and cloud computing services, and

(v) ensuring a fair and innovation-friendly business environment (e.g. unfair terms and conditions).

Against this background, a set of legislative and non-legislatives measures have been announced or have been already proposed.

With regard to the first policy action, the Commission has proposed - under the review of the EU telecom framework which was

unveiled in September 2016 - that new online players (e.g. Over-the-top players) who provide equivalent communications services to

those provided by traditional telecoms operators are covered by similar rules.

With regard to the second policy action, the Commission has proposed - under the review of the EU Copyright framework which was

unveiled in September 2016- some measures aiming at creating a “level-playing-field” between services which distribute music, films,

series and other content, and online services providers. The Commission’s draft Directive on copyright in the Digital Single Market


obliges, inter alia, online service providers to take appropriate and proportionate measures to ensure the protection of user uploaded

works, for example by putting in place content recognition technologies.

In a resolution on the implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights

in the information society (rapporteur, Julia Reda, Greens/EFA, Germany) adopted on 9 July 2015, the European Parliament stressed

the importance of bringing more clarity and transparency to the copyright regime for copyright users, in particular with regard to user-

generated content and copyright levies, in order to foster creativity and the further development of online platforms and to ensure

appropriate remuneration of copyright holders.

In its resolution Towards a Digital Single Market Act (rapporteurs: Evelyne Gebhardt, S&D, Germany and Kaja Kallas, ALDE, Estonia)

adopted on 18 January 2016, the EP called for a thorough, targeted and evidence-based analysis of whether all actors in the value

chain, including online intermediaries, online platforms, content and service providers, and also offline intermediaries such as

resellers and retailers, should take reasonable and adequate measures against illegal content, counterfeit goods and intellectual

property rights infringements on a commercial scale, while safeguarding the ability of end-users to access and distribute information

or run applications and services of their choice. Furthermore, the EP called on the Commission to advance policies and a legal

framework to tackle cybercrime and illegal content and materials on the internet.

The Committee on Internal Market and Consumer Protection is responsible for the file, waiting for the appointment of the rapporteur .

References:

• European Commission, Public consultation on the regulatory environment for platforms, online intermediaries, data and cloud

computing and the collaborative economy, website, 2015

• European Commission, Communication on Online Platforms and the Digital Single Market Opportunities and Challenges for

Europe, COM(2016)288

• European Commission, Staff Working Document on Online Platforms, accompanying the doc Communication on Online Platforms

and the Digital Single Market", SWD(2016) 172

• European Parliament, Resolution of 9 July 2015 on the implementation of Directive 2001/29/EC of 22 May 2001 on the

harmonisation of certain aspects of copyright and related rights in the information society, 2014/2256(INI)


Further reading:

• European Parliament, EPRS, Review of the EU Copyright Framework: European Implementation Assessment, Study, 2015




https://ec.europa.eu/digital-single-market/en/news/public-consultation-regulatory-environment-platforms-online-intermediaries-data-and-cloud

https://ec.europa.eu/digital-single-market/en/news/public-consultation-regulatory-environment-platforms-online-intermediaries-data-and-cloud

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016DC0288

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016DC0288

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016SC0172

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016SC0172






• https://ec.europa.eu/digital-single-market/en/news/public-consultation-regulatory-environment-platforms-online-intermediaries-data-and-cloud

• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016DC0288

• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016SC0172



• http://www.europarl.europa.eu/RegData/etudes/STUD/2015/558762/EPRS_STU(2015)558762_EN.pdf


EUROPEAN CLOUD INITIATIVE / 2016-4 / UP TO €47BN [ DEPARTURES ]

> DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE> MAXIMISING THE GROWTH POTENTIAL OF THE DIGITAL ECONOMY

CONTENT

Responding to the request of both the European Parliament and the Council, the European Commission launched on 19 April 2016 its

European Cloud Initiative - Building a competitive data and knowledge economy in Europe, which is part of the Digital Single Market Strategy

put forward on 6 May 2015.

In its resolution of 10 December 2013 on unleashing the potential of cloud computing in Europe, the European Parliament had

requested the Commission to put forward an European Cloud initiative. The European Parliament underlined that the main benefits

of cloud computing were lower costs, ubiquitous access, convenience, reliability, scalability and security. It highlighted the role of

widespread broadband in the use of cloud services, and the importance of the application of European data protection standards. It

also emphasised:

• the importance of consumer information and freedom to choose the clooud provider they prefer, as well as consumer rights in

cases where a contract is cancelled.

• the risks to fundamental rights and data protection, and for further consideration of issues raised by the storage of copyright

works in the cloud.

According to the EP Cost of Non-Europe Study, the development of cloud computing in Europe would lead to an estimated added-

value for the EU GDP of €47 billion yearly, whilst 60% of all server workloads will be virtualised in 2015. Thus, the economic and

commercial prospects of the Cloud are indeed promising and there is a business case for its development. Europe must not lose this

opportunity to be at the forefront of Cloud technology. Yet, cloud computing services are used by only one out of every five enterprises

in the EU; the risk of a security breach was the main factor limiting a larger use of the cloud.

More recently, in its resolution on the 'Digital Single Market Act' the European Parliament again emphasised the opportunity that

cloud computing provides for economic growth, and expressed concern that cloud infrastructures for researchers were fragmented,


calling for an action plan for a European Open Science Cloud by the end of 2016.

In 2015, the Competitiveness Council also adopted conclusions underlining the importance for the economy and for society as a whole

to develop a European Cloud.

The European Cloud initiative put forward by the European Commission in April 2016 will facilitate clear and credible certification of

services in order to allow users to benefit from secure, reliable and high-quality cloud services. It foresees a series of actions,

including:

• As of 2016, developing a European Open Science Cloud for European researchers and their global scientific collaborators by

integrating and consolidating e-infrastructure platforms, federating existing scientific clouds and research infrastructures, and

supporting the development of cloud-based services.

• 2017: opening up by default all scientific data produced by future projects under the €77 billion Horizon 2020 research and

innovation programme, to ensure that the scientific community can re-use the enormous amount of data they generate.

• 2018: launching a flagship-type initiative to accelerate the nascent development of quantum technology, which is the basis for the

next generation of supercomputers.

• By 2020, developing and deploying a large scale European high performance computing, data storage and network infrastructure,

including by acquiring two prototype next-generation supercomputers of which one would rank among the top three in the world,

establishing a European big data centre, and upgrading the backbone network for research and innovation (GEANT).

The European Parliament Committee on Industry, Research and Energy is responsible for the file (rapporteur Jean-Luc Schaffhauser,

ENF, France). The committee draft report was published on 15th of September 2016. The report is critical of the Commission

communication, pointing out security and data governance issues as well as the definition of European-based companies and hence

proposes to reject the Commission communication on the European Cloud Initiative. The deadline for tabling amendments is the 20th

of October 2016 and the vote in the committee is foreseen for January 2017.

References:

• European Parliament, Committee on Industry, Research and Engergy, draft own initiative report on the European Cloud Initative,

2016/2145 (INI)

• European Parliament, Resolution of 10 December 2013 on unleashing the potential of cloud computing in Europe,

2013/2063(INI)

• European Commission, Communication on European Cloud Initiative - Building a competitive data and knowledge economy in

Europe, COM(2016) 178

• European Parliament, EPRS, Cost on Non-Europe in the Single Market, Study, September 2014

• GEANT, Network website


• European Parliament, EPRS, Cloud Computing. An overview of economic and policy issues, In-depth analysis, May 2016

• EP Legislative Observatory, procedure file, the European Cloud Initiative, 2016/2145 (INI)


http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=2016/2145(INI)&l=en




http://www.europarl.europa.eu/RegData/etudes/STUD/2014/510981/EPRS_STU%282014%29510981_REV1_EN.pdf

http://www.geant.org/

http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN&ring=A8-2015-0371

http://www.google.be/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjx6ZruhZHPAhUK2hoKHQJoC18QFggmMAA&url=http%3A%2F%2Fwww.europarl.europa.eu%2Fthinktank%2Fen%2Fdocument.html%3Freference%3DEPRS_IDA(2016)583786&usg=AFQjCNEvjumh_7Hq980x7jkclve6W110Iw&sig2=fapU5ffo_905S2eq32FdSg



RAPPORTEURJean-Luc SCHAFFHAUSER


• http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=2016/2145(INI)&l=en



• http://www.europarl.europa.eu/RegData/etudes/STUD/2014/510981/EPRS_STU(2014)510981_REV1_EN.pdf

• http://www.geant.org/

• http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN&ring=A8-2015-0371

• http://www.google.be/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjx6ZruhZHPAhUK2hoKHQJoC18QFggmMAA&ur

l=http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_IDA(2016)583786&usg=AFQjCNEvjumh_7Hq980x

7jkclve6W110Iw&sig2=fapU5ffo_905S2eq32FdSg


NEW E-GOVERNMENT ACTION PLAN 2016-2020 / 2016-4 [ DEPARTURES ]


CONTENT

E-Government supports administrative processes, improves the quality of the services and increases internal public sector efficiency.

Digital public services reduce administrative burden on businesses and citizens by making their interactions with public

administrations faster and efficient, more convenient and transparent, and less costly. In addition, using digital technologies as an

integrated part of governments’ modernisation strategies can unlock further economic and social benefits for society as a whole. The

digital transformation of government is a key element to the success of the Single Market.



The former e-Government Action Plan (2011-2015) came to an end in 2015. It has been an important tool for coordination between

Member States and the Commission to modernise public administration. It notably enabled major steps in e-Identification,

guaranteeing the identity of a person online while making sure their data is processed in a secure way.

In its ;resolution on the 'Towards a Digital Single Market Act' early in 2016 the European Parliament stressed that new e-government

action plan 2016-2020 needed to be based on users’ needs and best practices, and include benchmarks measuring progress; It should

take a step-by-step sectoral approach to apply the ‘once only principle’ in public administrations (which means that citizens and

businesses are not to be asked again for information already provided for public authority). The EP also underlined that the plan

should be based on respect of citizens' privacy and a high level of data protection and security.

Moreover, the EP stressed the need for the new e-government action plan to ensure that e-IDs and e-signatures are fully deployed

across the EU Member States and that the increasing number of public services is available online.

Likewise in its conclusions from 28th of June 2016, the European Council has invited governments and EU institutions to meet the

targets of the eGovernment Action Plan.

The new e-government Action Plan for 2016-2020: Accelerating the digital transformation of government (COM (2016) 179), which was

published on 19 April 2016, aims to remove existing digital barriers to the Digital Single Market and to prevent further fragmentation

arising in the context of the modernisation of public administrations.

It focuses on urgent actions already identified in the Digital Single Market Strategy, such as the interconnection of the business

registries, a 'Single Digital Gateway' and the development of the 'Once Only Principle' (ensure businesses and citizens only have to

communicate their data once to public administrations). This "only once" initiative will cut red tape and potentially save around €5

billion per year by 2017.

Transition towards full e-procurement and interoperable e signatures needs to be accelerated as they provide for trusted and

transparent electronic interaction, in particular benefitting small innovative companies and start-ups.

Concretely, in order to achieve its vision, the eGovernment Action Plan identifies three policy priorities:

1. Modernising public administrations using Key Digital Enablers (for example technical building blocks such as CEF DSIs like eID,

eSignature, eDelivery, etc.),

2. Enabling mobility of citizens and businesses by cross-border interoperability,

3. Facilitating digital interaction between administrations and citizens/businesses for high-quality public services.

The Action Plan presents already 20 actions to be launched immediately, but afterwards citizens, businesses and public administration


might propose new actions to be launched at a later stage. This will be facilitated by an online stakeholder engagement platform that

has been since launched: the eGovernment4EU platform.

The European Pariliament Internal market and Consumer Protection Committee is responsible for the file, waiting for the appointment

of the rapporteur.

References:

• European Commission, Communication 'EU eGovernment Action Plan 2016-2020 Accelerating the digital transformation of

government', COM(2016) 179

• European Commission, Communication on the European eGovernment Action Plan 2011-2015 Harnessing ICT to promote smart,

sustainable & innovative Government, COM(2010) 743

• European Parliament, Resolution of 19 January 2016 on Towards a Digital Single Market Act, 2015/2147(INI).

• European Council, Conclusions adopted by the European Council, EUCO 26/16, CO EUR 5, CONCL 3, 28 June 2016

• EP Legislative Observatory, procedure file EU eGovernment action plan 2016-2020 - Accelerating the digital transformation of

government, COM(2016)0179

Further reading:

• European Commission, eGovernment 4EU, website.







• http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=COM(2016)0179&l=en

• https://ec.europa.eu/futurium/en/egovernment4eu


JD - FREE FLOW OF NON-PERSONAL DATA / AFTER 2016 [ DEPARTURES ]








http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=COM(2016)0179&l=en


https://ec.europa.eu/futurium/en/egovernment4eu



CONTENT

Data location restrictions in the EU and issues on 'data ownership', reusability and access to data and liability pose problems

specially in a cross-border context, typically when users intend to collect, store or process data by means of a data technology or

service provided in a different EU Member State That is why in its Work Programme for 2016, the Commission announced that it

would present a legislative proposal on the free flow of data in the course of 2016.

The aim is to promote free movement of data in the EU. Among others the initiative will tackle restrictions on the free movement of

data within the EU for reasons other than the protection of personal data, and unjustified restrictions on the publication of data for

storage or processing purposed. It will encourage access to public data to help drive innovation.

For that purpose, the Commission launched a public consultation on platforms and online intermediaries on the 24th of September

2015, which lasted for 12 weeks and included among others questions of access and data ownership. Over 1000 responses were

received, and the Commission published a synthesis report of the results.

References:

• European Commission, Work Programme 2016, COM(2015) 610

• European Commission, Full report on the results of the public consultation on the Regulatory environment for Platforms, Online

Intermediaries and the Collaborative Economy, 2016



• http://ec.europa.eu/atwork/pdf/cwp_2016_en.pdf

• http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=15877


CROSS-BORDER PORTABILITY OF ONLINE CONTENT / 2015-12 [ DEPARTURES ]



http://ec.europa.eu/atwork/pdf/cwp_2016_en.pdf

http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=15877

http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=15877


CONTENT

As part of the Digital Single Market Strategy, on 9 December 2015 the Commission presented a legislative proposal on the cross-

border portability of online content services aimed at allowing Europeans to travel with their online content. It represents a first step

towards improving access to cultural works. It was presented together with the action plan on the modernisation of the copyright rules.

The proposed Regulation addresses the restrictions to the access to online services purchased or subscribed to at home when EU

residents are temporarily travelling in another Member State.

According to the proposed regulation the provision of online content services would be deemed to take place only in the country in

which the subscriber is a permanent resident. This would require online content service providers to offer cross-border portability to

their customers when they are temporarily present in other Member States, and would make unenforceable all contrary contractuall

restrictions in the licences between rights-holders and service providers.

Stakeholders and commentators have generally welcomed the proposed regulation but some concerns have been raised with regard

to elements of the current wording which leaves too much room for interpretation.

Cross-border portability of online content services is expected to be implemented by EU consumers in 2017, the same year as the end

of roaming charges in the EU. Since it is a proposal for a Regulation, once adopted it will be directly applicable in all 28 EU Member

States.

The European Parliament has called for measures ensuring online content portability in the EU on a number of occasions. In a

resolution on European film in the digital era of 28 April 2015, the EP suggested that the development of cross-border portability of

audio-visual services should be further explored given the rapid growth of video on demand (VoD) and online transactions across the

Union.

More recently, in two resolutions, i) on the implementation of the Copyright Directive (rapporteur, MEP Julia Reda, Greens/EFA,

Germany) adopted on 9 July 2015, and ii) in its resolution Towards a Digital Single Market Act (rapporteurs: MEP Evelyne Gebhardt,

S&D, Germany and MEP Kaja Kallas, ALDE, Estonia) adopted on 19 January 2016, the EP welcomed the Commission's proposal to

enhance portability of legally acquired and legally available content and services as a first step towards ending unjustified geo-blocking

and enhancing cross-border portability.

However, the EP also emphasised that the principle of territoriality remains an essential element of the copyright system in the EU.

It stressed that the approach for tackling geoblocking and fostering cross-border online services should protect cultural diversity and

the industry's economic model. The EP called in particular for respect of the financing of audio-visual and film productions which are

still based on the territoriality of rights in Europe; it also asked the Commission to better identify and take into account the specific


impact of territoriality on the financing of audio-visual works. Furthermore, the EP emphasised that portability and geo-blocking may

require both regulatory and marketled interventions.

The Council started to discuss the Commission proposal for a Regulation on the cross-border portability of online content services.

The European Parliament Internal Market and Consumer Protection Committee, the Industry, Research and Energy Committee and the

Culture and Education Committee have adopted their positions on the proposal. The Legal Affairs Committee which is the lead

Committee is scheduled to adopt its report in November 2016.

References:


• European Parliament, Resolution of 9 July 2015 on the implementation of Directive 2001/29/EC of the European Parliament and

of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society,

2014/2256(INI)


• EP Legislative Observatory, Procedure file of Regulation on Cross-border portability of online content services in the internal

market, 2015/0284(COD)

Further reading:

• European Parliament, EPRS, EU Legislation in Progress: Geo-blocking and discrimination among customers in the EU, July 2016

• European Parliament, EPRS, Cross-border portability of online content services in the internal market: Initial Appraisal of a European

Commission Impact Assessment, March 2016

• European Parliament, EPRS, Cross-border portability of online content services, Briefing, February 2016

• European Parliament, EPRS, EU copyright reform: revisiting the principle of territoriality, Briefing, September, 2015










http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/586620/EPRS_BRI%282016%29586620_EN.pdf

http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/13-EPRS-publications/2016/EPRS_BRIE_528832_APIN_portability.pdf

http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/13-EPRS-publications/2016/EPRS_BRIE_528832_APIN_portability.pdf




RAPPORTEURJean-Marie CAVADA







• http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/13-EPRS-publications/2016/EPRS_BRIE_528832_APIN_portability.pdf




DECISION ON SPECTRUM COORDINATION / 2016-2 [ DEPARTURES ]


CONTENT

As part of its strategy to create a Digital Single Market, on 2 February 2016, the Commission presented a draft decision on the use of

the 470-790 MHz frequency band for mobile services in the EU (COM/2016/043 final) with the aim of improving internet access and

helping to develop cross-border applications. Spectrum needs to be better coordinated at EU level to avoid interferences and to allow

innovative services, such as connected cars or remote health care, to work across the continent.

Europe is witnessing significant growth in the demand for wireless broadband services mainly driven by video consumption on the

move. By 2020, there will be nearly eight times more mobile internet traffic than today. Increasing mobile data traffic puts pressure on

existing networks' capacity and on demand for additional spectrum.

In this context, the draft decision would make more spectrum available for mobile services in the 700 MHz band (694-790 MHz) by

2020 under harmonised technical conditions. At the same time, it aims at preserving the European audio-visual model, which offers


free-to-view public interest broadcasting and requires sustainable spectrum resources in the sub-700 MHz band (470-694 MHz). The

sub-700 MHz frequencies will remain available, as a priority for the distribution of audio-visual media services to the general public,

with a more flexible approach for spectrum use to cater for different levels of digital terrestrial television (DTT) uptake in Member

States. Thus, it should make the development of innovative devices and services across the EU easier. It is also in line with the most

recent international agreements on the use of the UHF band including the 700 MHz band.

Coordinated transition towards 2020

According to the Commission proposal the 700 MHz band should be assigned to wireless broadband by 30 June 2020 at the latest in

all EU countries. This will be in line with the deployment of 5G, foreseen as from 2020. To meet this deadline, Member States will

need to adopt and make public their national plans for network coverage and for releasing this band by 30 June 2017. Two Member

States (France, Germany) have already authorised the use of the 700 MHz band for mobile services. Further Member States

(Denmark, Finland, Sweden, UK) have outlined plans to repurpose the 700 MHz band in the next few years.

The Council adopted a general approach on a draft decision on 26 May 2016. It agreed that the 700 MHz band is to be allocated to

mobile services by 30 June 2020 unless prevented by duly justified reasons (such as harmful interferences or coordination problems)

in which case up to two years extension of deadline may be granted. The Council also proposed that the sub-700 MHz band for digital

television and wireless microphones be ensured until at least 2030 according to national needs.

The draft report of the European Parliament ITRE Committee was finalised on 30 May 2016. The rapporteur, MEP Patrizia TOIA (S&D,

Italy), argued that the 700 MHz band offers opportunities for the development of innovative digital services in urban rural and remote

areas. The report called for a harmonised EU approach to supplemental downlink and its co-existence with DTT services, and for the

deadline for making the national roadmaps public to be extended to 30 June 2018. The rapporteur argued that the Member States

should be allowed an option of delaying the availability of the band for up to two years maximum on the basis of reasonable grounds.

Furthermore, the report advocates that the roadmaps should include detailed steps to be taken in order to ensure availability of the

700 MHz band for wireless mobile internet. The rapporteur also called on the Commission to provide guidance to Member States on

compensation for the technological transition to end-users.

ITRE Committee is expected to vote on the report in October 2016.

References:


• European Commission, Commission proposes to boost mobile internet services with high-quality radio frequencies, Press release, 2

February 2016

• Council, Freeing up 700 MHz band for mobile: Council agrees its position, Press release, 26 May 2016

• EP Legislative Observatory, Procedure file of Decision on New radio requencies, 2016/0027(COD)




http://www.consilium.europa.eu/en/press/press-releases/2016/05/26-freeing-up-700-mhz-band-for-mobile/?utm_source=dsms-auto&utm_medium=email&utm_campaign=Freeing+up+700+MHz+band+for+mobile%3a+Council+agrees+its+position


Further reading:

• European Parliament, EPRS, New radio frequencies for mobile Internet services, Briefing, September, 2016

For further information: Marcin Szczepanski, [email protected]

RAPPORTEURPatrizia TOIA




• http://www.consilium.europa.eu/en/press/press-releases/2016/05/26-freeing-up-700-mhz-band-for-mobile/?utm_source=dsms-auto&utm_medium=email&utm_campaign=Freeing up 700 MHz band for mobile: Council agrees its


• http://www.eprs.sso.ep.parl.union.eu/eprs/auth/en/product_browse.html


JD - CONTRACTS FOR THE SALE OF GOODS TO CONSUMERS / 2015-12 [ DEPARTURES ]


CONTENT

As announced in its 2015 Work Programme, on 9 December 2015, the Commission presented new contractual rules for online sales

aimed at easing e-commerce. The proposed digital contact rules include two draft pieces of legislation:

• a proposal for a Directive (COM (2015) 635), containing new contractual rules for online sale of (tangible) goods, which replaces

the Common European Sales Law proposal from 2011.

• a directive on contracts for supply of digital content to consumers.


http://www.eprs.sso.ep.parl.union.eu/eprs/auth/en/product_browse.html


The two proposals are to be seen as a package with common objectives, notably to remove the main obstacles to cross-border e-

commerce in the EU, which are: i) legal fragmentation in the areas of consumer contract law and the resulting high costs for

businesses, and ii) the low consumer trust when buying online in another country.

By eliminating the key contract law-related barriers hindering cross-border trade, the new rules would reduce the uncertainty faced by

businessees and consumers due to the complexity of the legal framework and the costs incurred by businesses resulting from

differences in contract law between Member States. The initiative will increase consumer trust by providing uniform rules with clear

consumer rights.

The new rule will contribute to open up new markets, especially for small and medium-sized enterprises (SMEs), increase competition

and contribute to economic growth: lower consumer prices are expected to boost consumption in the EU by €18 billion and EU GDP is

expected to increase by €4 billion from its current level.

As regards the proposed directive for new contractual rules for online sale of (tangible) goods, it is designed to partly replace the

existing Consumer Sales Directive with regard to distance sales (both online and offline) and to complement the Consumer Rights

Directive. Unlike the Consumer Sales Directive, the proposed Online Sale of Goods Directive is to provide for maximum harmonisation,

thereby prohibiting Member States from introducing a higher level of consumer protection within the scope of the Directive..

In essence, the proposed Directive is a de facto recast of the Consumer Sales Directive, but limited to online (and other distance)

contracts only, and switched from minimum harmonisation to total (maximum) harmonisation. Most of the provisions of the proposal

are either taken over from the existing CSD, or from the CJEU case-law interpreting it.

If the proposal enters into force in its current shape, the scope of the existing Consumer Sales Directive will be limited to face-to-face

contracts only, whilst all distance contracts (not only on-line ones) will be covered by the new Online Sale of Goods Directive.

The Commission argues that switching from minimum harmonisation (which allows Member States to enact more consumer-friendly

rules in domestic law) to maximum harmonisation will be beneficial for the single market, as it will eliminate legal fragmentation

which the Commission considers to be a barrier to trade. However, since the Directive will still require implementation in the Member

States, and many crucial contract law rules are outside its scope, the reduction of legal uncertainty for businesses is not obvious.

Furthermore, as consumer organisations and certain scholars have pointed out, the level of consumer protection in certain Member

States will have to be lowered due to the switch from minimum to maximum harmonisation. Scholars and practitioners have also

voiced concerns that the new directive will not remove legal fragmentation, but actually increase it. This is because for face-to-face

transactions the Member States will be allowed to preserve their more consumer-friendly rules, whilst for online transactions they will

have to stick exactly to the level provided for by the proposal.

In consequence, those Member States which will decide to keep a higher level of protection for offline sales, will have to introduce a

dual regime of consumer sale of goods – an online regime (lowest common denominator of consumer protection) and an offline


regime (possibly higher level of consumer protection).

On 10 March 2016, the Council discussed the Commission new on-line contract law proposals for Directives. It decided to concentrate

the work at technical level primarily on the examination of the proposal on the supply of digital content, bearing in mind the need for

overall consistency between the rules on online and offline sales, and between sales of goods and supply of digital content. The

proposed Directives, which were high on the agenda of the Dutch Presidency, are limited to business-to-consumer (B2C) contracts.

The European Parliament Internal Market and Consumer Protection Committee is currently preparing its position (rapporteur: Pascal

Arimont, EPP, Belgium).

References:


• European Commission, Proposal for a Directive on certain aspects concerning contracts for the online and other distance sales of

goods, COM(2015)0635

• EP Legislative Observatory, Procedure file of Directive on Contracts for the online and other distance sales of goods, 2015/0288

(COD)

• Directive 1999/44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees

• European Commission, Proposal for a Common European Sales Law (withdrawn), COM/2011/0635

• European Parliament, Legislative resolution of 26 February 2014 on the proposal for a regulation on a Common European Sales

Law, first reading, 2011/0284(COD)


Further reading :

• European Parliament, EPRS, Legislation in progress : Contracts for online and other distance sales of goods, Briefing, February 2016

For further information: Rafal Manko, [email protected]



http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0634/COM_COM%282015%290634_EN.pdf



http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:en:HTML








RAPPORTEURPascal ARIMONT





• http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:en:HTML






JD - CONTRACTS FOR SUPPLY OF DIGITAL CONTENT AND DIGITAL SERVICES TOCONSUMERS / 2015-12 [ DEPARTURES ]


CONTENT

As announced in its 2015 Work Programme, on 9 December 2015 the European Commission presented new contractual rules for

online sales aimed at easing e-commerce. The proposed digital contact rules include two draft pieces of legislation:

• a proposal for a Directive on contracts for supply of digital content;

• a proposal for a Directive containing contractual rules for online sale of (tangible) goods.

The two proposals are to be seen as a package with common objectives, notably to remove the main obstacles to cross-border e-

commerce in the EU, which are: i) legal fragmentation in the areas of consumer contract law and the resulting high costs for

businesses, and ii) the low consumer trust when buying online in another country.

By eliminating the key contract law-related barriers hindering cross-border trade, the new rulees would reduce the uncertainty faced

by businesses and consumers due to the complexity of the legal framework and the costs incurred by businesses resulting from


differences in contract law between Member States. The initiative will increase consumer trust by providing uniform rules with clear

consumer rights.

The new rule will contribute to open up new markets, especially for small and medium-sized enterprises (SMEs), increase competition

and contribute to economic growth: lower consumer prices are expected to boost consumption in the EU by €18 billion and EU GDP is

expected to increase by €4 billion from its current level.

As regards the proposal for a directive on contracts for supply of digital content to consumers, it would cover, with a single set of rules,

contracts for the sale of digital content (e.g. when consumers buy music, films, e-books or applications), for rental of digital content

(e.g. when consumers watch a movie online, but do not download a copy), as well as contracts for digital services, such as cloud

computing and social media. The proposal envisages a maximum level of harmonisation, meaning that it will be prohibited for

Member States to enact or retain more consumer-friendly rules within the directive's scope.

Currently, only the UK has rules designed specifically for contracts for supply of digital content. A similar legislative bill was recently

discussed in Ireland. Other Member States, such as Germany and the Netherlands, have extended the scope of existing contract rules,

especially on consumer sales, to include sale of digital content. Yet in other Member States, there are no explicit rules on supply of

digital content, which leads to legal uncertainty and practical difficulties regarding the rights and remedies available to consumers.

At present, the supply of digital content at EU level is partly regulated by the Consumer Rights Directive, Unfair Terms Directive and e-

Commerce Directive. Importantly, the Consumer Sales Directive is not applicable, as the definition of 'consumer goods' in that Directive

extends only to 'tangible moving items'.

The sale of digital content was to be included in the scope of the Common European Sales Law (CESL), an optional instrument of

contract law in the form of a regulation. However, despite receiving the backing of the Parliament in 2014, it was never endorsed by

the Council, and the Juncker Commission promised to withdraw it. The proposed directive is, in political terms, a replacement for the

withdrawn CESL proposal.

The most important features of the proposal are as follows:

• it is a maximum harmonisation instrument;

• it covers not only digital goods, such as computer programs, mobile applications, ebooks, films or music in digital form, but also

digital services, especially social media platforms and cloud computing;

• for a digital contract to be included in the scope of the directive, it must either provide for a price to be paid by the consumer, or

the consumer must oblige himself to provide personal data or other data as counter-performance; however, such data must go

beyond what is “strictly necessary” to perform the contract;

• with regard to criteria for determining the conformity of the businesses’ performance, the directive gives preference to the

contract (unlike the Consumer Sales Directive and the proposed Online Sale of Goods Directive, which give a prominent place to

objective expectations as to the quality of goods);

• the directive introduces a “hierarchy of remedies” meaning that the consumer must first seek specific performance from the

business, and only if that is impossible, illegal or impracticable, the consumer may cancel the contract and demand a refund;

• the directive harmonises the consumer’s right to damages caused to his digital environment;

• there are also rules on the termination of long-term (over 1 year) contracts for supply of digital content.

On 2 June 2016 the Council held a policy debate on the Digital Content Directive. In the meantime, the Working Party on Civil Law


Matters (Contract Law) managed to finalise a first examination of the substantial Articles of that Directive. Many delegations

emphasised that the overall consistency of EU consumer contract law must be maintained. It was also underlined that it is important

that Digital Content Directive fits well with national contract laws. Likewise, the delegations stressed the need for coherence between

the future Digital Content Directive and the existing Consumer Sales Directive, which is now subject to the REFIT exercise at the

Commission and is expected to be amended in the near future. Similar concerns were raised with regard to coherence with the

Consumer Rights Directive and the General Data Protection Regulation, which was recently adopted.

As regards the content of the Directive, the delegations agreed with the idea of covering digital content provided to consumers in

exchange for counter-performance other than money. They also support the current scope of the proposal as being limited to

consumer contracts only, and not applicable to commercial contracts between businesses. However, the Council is not favourable to

including a rule on damages in the Directive, arguing that it is not necessary to reach its objectives. The Council also stressed the need

to maintain a healthy balance between consumer-friendly and business-friendly approaches, as well as to ensure that the rules of the

Directive are genuinely technologically neutral. Another aspect picked up during discussions in the Council is the conformity test. The

Council would prefer to give precedence to objective, rather than subjective criteria of conformity meaning that digital content should

live up to general expectations of quality and not only to what is stipulated in the contract. This is in order to avoid a situation in which

the business lays down very low quality requirements in the contract to the detriment of the consumer. Discussions regarding the

remedies available to consumers and their possible hierarchy are still on-going.

The European Parliament Internal Market and Consumer Protection Committee and the Legal Affairs Committee are currently

preparing their positions on the proposal.

References:


• European Commission, Proposal for a Directive concerning contracts for the supply of digital content, COM(2015) 634

• Directive 2011/83/EU of 25 October 2011 on consumer rights

• European Commission, Proposal for a Common European Sales Law (withdrawn), COM/2011/0635

• European Parliament, Legislative resolution of 26 February 2014 on the proposal for a regulation on a Common European Sales

Law, first reading, 2011/0284(COD)


• EP Legislative Observatory, Procedure file of Directive on Contracts for the supply of digital content, 2015/0287(COD)

Further reading:

• European Parliament, EPRS, Contracts for supply of digital content, In-Depth Analysis, May 2016

• European Parliament, EPRS, Legislation in progress: Contracts for supply of digital content to consumers, Briefing, April 2016

• European Parliament, EPRS, Contract rules for online purchase of digital content and tangible goods, Implementation Appraisal, April

2016











http://www.europarl.europa.eu/RegData/etudes/IDAN/2016/582048/EPRS_IDA%282016%29582048_EN.pdf



• European Parliament, IPOL, The new proposal for harmonised rules on certain aspects concerning contracts for the supply of digital

content, In-Depth Analysis, January 2016


RAPPORTEUREvelyne GEBHARDT

RAPPORTEURAxel VOSS









• http://www.europarl.europa.eu/RegData/etudes/IDAN/2016/582048/EPRS_IDA(2016)582048_EN.pdf



• http://www.epgencms.europarl.europa.eu/cmsdata/upload/a6bdaf0a-d4cf-4c30-a7e8-31f33c72c0a8/pe__536.494_en.pdf


PROPOSAL FOR A WHOLESALE ROAMING REGULATION / 2016-6 [ DEPARTURES ]


CONTENT

Since 2006 the European Commission has taken action to address the high roaming charges paid by consumers for using their mobile


http://www.epgencms.europarl.europa.eu/cmsdata/upload/a6bdaf0a-d4cf-4c30-a7e8-31f33c72c0a8/pe__536.494_en.pdf

http://www.epgencms.europarl.europa.eu/cmsdata/upload/a6bdaf0a-d4cf-4c30-a7e8-31f33c72c0a8/pe__536.494_en.pdf


phones when travelling abroad in another EU Member State. Regulatory measures adopted by co-legislators in 2007, 2009 and 2012

introduced binding maximum retail and wholesale roaming charges.

In 2015, the European Parliament and the Council adopted a Roaming Regulation, which entered into force on 29 November 2015

(see the related file in the arrivals section 'the Connected Continent legislative package'). This regulation introduced the abolition of

retail roaming charges in the Union from 15 June 2017. After that date, there should be no more roaming charges and instead there

should be Roam-Like-At-Home (RLAH) across the EU. However, the Regulation did not provide for measures on the wholesale roaming

market, because additional investigation of market conditions was necessary. For the abolitionn of retail roaming charges to be

sustainable throughout the EU, national wholesale roaming markets need to be competitive and to enable operators offer retail

roaming services without any charges in addition to the domestic price. Wholesale prices are those which operators charge each other

for using their network.

Therefore, the European Commission conducted a review of the wholesale roaming market: To feed the review the European

Commission carried out a public consultation from 26 November 2015 to 18 February 2016, commissioned a Study on the Assessment

of the cost of providing wholesale roaming services in the EU and considered a related report from BEREC. The review of the wholesale

roaming markets prepared by the Commission shows that national wholesale roaming markets are not functioning well and need

improvement in order for the RLAH regime to operate successfully after 2017.

In January 2016, the European Parliament voted in its resolution Towards Single market Act 2015/2147 (INI) for a timely wholesale

review, to deliver the end of roaming charges for all European consumers by 15 June 2017. Similarly the European Council has asked

in its conclusion from 28th of June 2016 for a swift review of the wholesale roaming market in view of abolishing roaming surcharges

by June 2017.

Following the review the European Commission published a proposal for a Wholesale market Regulation 2016/0185(COD). The

legislative proposal and its impact assessment were published on 15 of June 2016 and will need to be adopted very fast to allow for

the end of retail roaming happening by mid-2017.

The European Commission proposes to make the following amendments to the Roaming Regulation:

• add the possibility for the parties to a wholesale agreement to waive the application of maximum wholesale caps provided in

Articles 7, 9 and 12 of the Roaming Regulation

• reduce the current wholesale roaming charges caps to EUR 0.04 per minutes of call made, EUR 0,01 per SMS and EUR 0,0085 per

megabyte of data transmitted

• ensure consultation of the Body of European Regulators for Electronic Communications (BEREC) in disputes concerning inputs

necessary for the provision of regulated wholesale roaming services

• ensure that the Commission submits a report to the European Parliament and the Council every two years after 15 June 2017

• clarify BEREC’s data-gathering powers: BEREC shall regularly collect data from national regulatory authorities on developments in


retail and wholesale charges for regulated voice, SMS and data roaming services, including wholesale charges applied for balanced

and unbalanced roaming traffic respectively.

The Council started to discuss the Commission proposal for a Regulation on reviewing the wholesale roaming market.

The European Parliament Committee on Industry, Research and Energy is responsible for the file (rapporteur Miapetra Kumpula-Natri,

S&D, Finland). A Committee draft report was published on 16/09/2016. Whereas the Commission proposed a single wholesale price

cap for data (€8.5 per gigabyte) for a five-year period, the rapporteur is proposing a wholesale price cap which is lower (€5 per

gigabyte) and that will drop on a yearly basis to take account of the falling unit price of data. The deadline for tabling amendments is

the 13th October 2016 and the vote in the committee is foreseen on the 29th November 2016.

References:

• European Commission, Proposal for a Regulation on amending Regulation (EU) No 531/2012 as regards rules for wholesale

roaming markets, COM(2016) 399

• EP Legislative Observatory, Procedure file of Regulation on wholesale roaming, 2016/0185(COD)

• European Parliament, Committee on Industry, Research and Energy, draft report on wholesale roaming markets 2016/0185(COD)

• European Commission, Assessment of the cost of providing wholesale roaming services in the EU, 2016


• European Council, Conclusions adopted by the European Council, EUCO 26/16, CO EUR 5, CONCL 3, 28 June 2016

• Regulation (EU) of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open

internet access 2015/2120

Further reading:

• European Parliament, EPRS, European single market for electronic communications, At a glance, October 2015

• European Parliament, EPRS, Wholesale Roaming Markets, Briefing, September 2016

• European Parliament, EPRS, The review of national wholesale roaming markets and the Roaming Regulation, Briefing, May 2016


RAPPORTEURMiapetra KUMPULA-NATRI





http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-589.188+01+DOC+PDF+V0//EN&language=EN

http://ec.europa.eu/newsroom/dae/document.cfm?action=display&doc_id=16200

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-0009+0+DOC+XML+V0//EN




http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-AaG-569027-European-single-market-for-electronic-communications-FINAL.pdf


http://www.eesc.europa.eu/resources/docs/the-review-of-national-wholesale-roaming-markets-and-the-roaming-regulation.pdf



• http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015R2120


• http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML COMPARL PE-589.188 01 DOC PDFV0//EN&language=EN

• http://ec.europa.eu/newsroom/dae/document.cfm?action=display&doc_id=16200

• http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT TA P8-TA-2016-0009 0 DOC XML V0//EN


• http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-AaG-569027-European-single-market-for-electronic-communications-FINAL.pdf


• http://www.eesc.europa.eu/resources/docs/the-review-of-national-wholesale-roaming-markets-and-the-roaming-regulation.pdf


REVISION OF THE EUROPEAN INTEROPERABILITY FRAMEWORK / AFTER 2016-6 [ DEPARTURES ]


CONTENT

In the second half of 2016, the European Commission will propose an up-date and extension of the European Interoperability

Framework (EIF) and of the European Interoperability Strategy (EIS) by reviewing the current Communication "Towards

interoperability for European public services", COM (2010)744.

The review is deemed necessary in order to align with the current policy, notably with the Digital Single Market (DSM) Strategy, or the

revised Directive on the reuse of Public Sector Information, as well as to align with emerging technological trends (cloud computing,

big and open data, etc.).

The European Commission also wants to put more focus on the implementation of the EIF rather than only on the alignment with the

national approaches on interoperability. This review will provide a coherent vision on interoperability in the EU in relation to

interactions between the European public administrations, and between them and citizens and businesses.

In order to preppare the review, the Commission carried out a public consultation on the issue between 6 April and 29 June 2016. A


proposal is expected during the second half of 2016.

References:

• European Commission, Communication Towards interoperability for European public services, COM(2010) 744

• European Commission, Open Public Consultation: Revision of the European Interoperability Framework, website.




• http://ec.europa.eu/isa/consultations/impact-assessment-for-the-revision-of-the-eis-eifl_en.htm


DIGITISING EUROPEAN INDUSTRY / 2016-4 [ DEPARTURES ]


CONTENT

Europe stands on the brink of a new industrial revolution, driven by new-generation information technologies such as the Internet of

Things (IoT), cloud computing, big data and data analytics, robotics and 3D printing. Recent studies estimate that digitisation of

products and services can add more than €110 billion of annual revenue in Europe in the next five years.

On 19 April 2016 the European Commission launched the first industry-related initiative of the Digital Single Market strategy, in its

Communication 'Digitising European industry'. The plan is to support and complement the various national initiatives for digitising

industry, such as Industry 4.0. In order to do that there will be different policy instruments, financial support, coordination and

legislative powers to trigger further public and private investments in all industrial sectors and create the framework conditions for the

digital industrial revolution. For instancee, supporting co-investment through partnerships in digital technologies value chains,

supporting digital innovation hubs in all regions and prioritising standards, by providing appropriate legislative framework conditions

(on free flow of data, data ownership and on autonomous systems and IoT) and supporting the preparation of the workforce for the

digital transformation.

In its own initiative report 'Reindustrialising Europe to promote competitiveness and sustainability' from 2013 the European



http://ec.europa.eu/isa/consultations/impact-assessment-for-the-revision-of-the-eis-eifl_en.htm


Parliament had asked the European Commission to come forward with proposals that would support innovation to be promoted

across the board in enterprises, particularly in SMES, involving employees pro-actively in the innovation process. And more recently in

its resolution on 'Towards a Digital Single Market Act', from January 2016 the EP asked the European Commission to propose rules fit

for the digital age which boost investment, competition and innovation.

References:

• European Commission, Digitising European industry - Reaping the full benefits of a digital single market, COM(2016)0180

• EP Legislative Observatory, procedure file Digitising European industry - Reaping the full benefits of a digital single market,

COM(2016)0180

• European Parliament, Towards a Digital Single Market Act, Resolution adopted on 19 January 2016

• European Parliament, Reindustrialising Europe to promote competitiveness and sustainability, 2013/2006(INI)

Further reading:

• European Parliament, EPRS , Industry 4.0 Digitalisation for productivity and growth, Briefing, September 2015


RAPPORTEURReinhard BÜTIKOFER



• http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=COM(2016)0180&l=en

• http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN

• http://www.oeil.ep.parl.union.eu/oeil/popups/ficheprocedure.do?reference=2013/2006(INI)&l=en

• http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-Briefing-568337-Industry-4-0-FINAL.pdf





http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2016-0009&language=EN


http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-Briefing-568337-Industry-4-0-FINAL.pdf


ACCESSIBILITY OF PUBLIC SECTOR WEBSITES [ EXPECTED ARRIVALS ]

CONTENT

Many national authorities in Europe are committed to the accessibility of public sector websites and most Member States have

introduced guidelines or regulation based on WCAG 2.0 (Web Content Accessibility Guidelines 2.0). However, the actual accessibility is

still low, even if higher than the access to private sites.

On 3 December 2012, the European Commission adopted a proposal for a directive on the accessibility of the public sector bodies'

websites, which would introduce mandatory EU standardised accessibility features for 12 types of public sector websites from the end

of 2015. The Directive on web accessibility along with the European Accessibility Act proposed in December 2015 which covers a much

wider number of products and services, are both part of the efforts to help people with disabilities to participate fully in society.

The European Parliament has sset out its position in first reading on 26 February 2014. It emphasized the need for all public websites

to be fully accessible. It also insisted that the new rules should also apply to websites run by private entities performing public tasks.

After almost four years since its publication, an agreement was reached on the directive on accessibility of public sector websites in

Trilogue negotiations under Dutch Presidency on 3rd of May 2016.

The agreed text of the Directive:

• covers websites and mobile apps of public sector bodies with a limited number of exceptions (e.g. broadcasters, livestreaming);

• refers to the standards to make websites and mobile apps more accessible. For example, such standards foresee that there

should be a text for images or that websites can be browsed without a mouse which can be difficult to use for some people with

disabilities.

• requires regular monitoring and reporting of public sector websites and mobile apps by Member States. These reports have to be

communicated to the European Commission and to be made public.

On 18th of July 2016 the Council adopted its position, which fully reflects the previous compromise reached in the negotiations.

The European Parliament Committee on the Internal Market and Consumer Protection has presented a draft report recommendation

for second reading on 19th of September 2016 where it recommends to the Plenary that the Council's position be accepted without

amendments at Parliament's second reading. The vote in Plenary scheduled for 25/10/2015.

Until December 2015, the process had been slow. The following issues were at the centre of the debate and hindered progress on the

file: 1) the scope of the directive: the Council wanted to include all public sector websites (which is broader than the Commission

Proposal), whilst the Parliament wished to enlarge the scope to include all websites operated by entities performing public tasks

(services of general interest), which represent a larger amount of operators in areas such as of energy or transport (and are not

necessarily publicly owned/managed); 2) the issue of the audio-visual content and obligations of public broadcasters.

References:

• European Commission, Proposal for a Directive on the accessibility of public sector bodies' websites, COM(2012)721



• EP Legislative Observatory, Procedure file of Directive on accessibility of public sector bodies' websites, 2012/0340(COD)

• European Commission, Commission proposes to make products and services more accessible to the disabled persons, Press

release, 2 December 2015


RAPPORTEURDita CHARANZOVÁ



• http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2012/0340(OLP)



IDENTIFICATION AND TRUST SERVICES FOR ELECTRONIC TRANSACTIONS [ ARRIVED ]

CONTENT

A lot remains to be done to enhance trust in the Digital Single Market and enhance cyber-security. Yet, the adoption of a Regulation on

Electronic identification and trust services for electronic transactions of 28 August 2014 marks a first step forward in providing a

regulatory environment for secure and seamless electronic interactions.

The Regulation enables the use of electronic identification means and trust services (i.e. electronic signatures, electronic seals, time

stamping, registered electronic delivery and website authentication) to access on-line services or manage electronic transactions.


http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2012/0340(OLP)



The regulation was adopted by the European Parliament in first reading on 3 April 2014 (Rapporteur: MEP M. ULVSKOG).

During the negotiations, the European Parliament succeeded in bringing forward the date when the rules would enter into force.

Member States would be able to start taking part in the system for mutual recognition of national systems of e-identificatiion on 1 July

2015. The EP also managed to ensure that, not only national, but also local and regional authorities would need to recognise electronic

identification systems from another EU Member State. Thus, the Regulation was the first EU law to oblige EU Member States to

mutually recognise and accept electronic identifications issued in other EU member states.

Furthermore, the European Parliament also ensured that the final act should contain specific provisions regarding interoperability of

national electronic identification schemes. Indeed, the EP stressed the need for the interoperability framework to aim at being

technology neutral, and not to discriminate between specific national technical solutions. The EP also managed to insert provisions

specifying that electronic identification systems notified according to the Regulation should specify three assurance levels - “low”,

“substantial” and/or “high” - for electronic identification means issued.

The Council adopted the Act in first reading on 23 July 2014.

The final Act was published in the Official Journal on 28 August 2014.

The Regulation entered into force on the 17 September 2014.

After the adoption of relevant implementing acts, Member States may voluntarily recognise notified e-identification of the other

Member States. The rules for trust services will apply from 01 July 2016. The mandatory mutual recognition of eIDs will apply from

mid-2018.

References:

• Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the

internal market

• EP Legislative Observatory, Procedure file of Regulation on Electronic transactions in the internal market: electronic identification

and trust services, COD/2012/146



http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0910&from=EN

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0910&from=EN

http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2012/0146%28COD%29&l=en



RAPPORTEURMarita ULVSKOG


• http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0910&from=EN



E-INVOICING IN PUBLIC PROCUREMENT / UP TO €100BN [ ARRIVED ]

CONTENT

Economic potential up to €100 billion after phasing-in by Member States (Commission figure - Public Procurement factsheet No. 4:

eprocurement)

In April 2012, the European Commission adopted a Communication setting out a strategy for e-procurement to become the rule rather than

the exception, by making it the standard method of procurement in the EU by mid-2016. The Directive on e-invoicing in public

procurement which was adopted on 16 April 2014, is a legislative milestone in this respect.

When adopting its report on the draft legislation on 6 January 2014 the European Parliament Committee on the Internal Market and

Consumer Protection took the following position:

• The directive should not apply to certain contracts awarded under Directive 2009/81/EC on the coordination of procedures for the

award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence

annd security.

• The European standard should remain technologically neutral and interoperable, integrating personal data protection aspects,

taking into account the needs of SMEs and allowing for the establishment of practical user-friendly and flexible e-invoicing systems.

• The directive should include the possibility of formal objections to the European standard by the Member States or the European

Parliament.

• A test phase should be conducted after the adoption of the European standard.

The European Parliament adopted its position in first reading on 11 March 2014. It was the result of a compromise between the

European Parliament and the Council based on the amendments proposed by the EP Committee on the Internal Market and


Consumer Protection.

The Council adopted the Act after Parliament's 1st reading on 14 April 2014.

The final act published in Official Journal on 6 May 2014.

The Directive foresees for the reception and processing of e-invoices, using the new European standard, to become mandatory four

and a half years after the entry into force of the directive (November 2018). However, Member States will have the possibility to

postpone this deadline by a further 12 months for regional and local authorities, due to the special requirements of these bodies, such

as their more limited resources and potentially less developed infrastructure.

The Directive also calls for the development of a new European e-invoicing standard by the European Committee for Standardisation

(CEN). This process is expected to last approximately 3 years. Therefore, most of the implementation period referred to in the Directive

will be taken up by the development of the standard.

In conjunction with the recent revision of EU public procurement rules in April 2014, a wider use of e-procurement could provide a

new source of economic growth and increase the participation/ visibility of SMEs in public calls for tender.

References:

• Directive (EU) No 2014/55 of 16 April 2014 on electronic invoicing in public procurement

• EP Legislative Observatory, Procedure file of Directive on Electronic invoicing in public procurement, 2013/0213(COD)


RAPPORTEURBirgit COLLIN-LANGEN









CONNECTED CONTINENT TELECOM PACKAGE / €12BN [ ARRIVED ]

CONTENT

On 12 September 2013 the European Parliament adopted a Resolution on the 'Digital Agenda for Growth, Mobility and Employment:

time to move up a gear ' 2013/2593(RSP), (rapporteur MEP Jens ROHDE, ALDE, Denmark). The resolution asked the EC to put forward

proposals to boost Europe's digital single market, and more specifically emphasised three demands to the EC: stopping of the roaming

practice by 2015, improving fast-broadband deployment including better spectrum coordination and putting forward a full legal

revision of the current regulatory telecom framework

Proposed by the Commission in September 2013, the ‘Connected Continent’ telecoms Package aimed to create a true Telecoms Single

Market. Its original scope included rules to 1) put an end to roaming charges on 15 June 2017, 2) set strong net neutrality rules

protecting the right of every European to access Internet content, without discriminatiion.

The European Parliament adopted its first reading position on 3 April 2014.

More specifically, the European Parliament voted in favour of:

• abolishing retail roaming charges in the EU by 15 December 2015 and improving coordination of radio spectrum management in

Europe to develop 4G and 5G mobile networks throughout the EU;

• transparent rules preventing internet access providers from favoring some services at the expense of others. Specialised services

of higher quality could still be offered by the providers under the condition that they are not supplied to "the detriment of the

availability or quality of internet access services" offered to other companies or service suppliers;

• limiting the European Commission's list of exceptions under which providers could block or slow down the internet;

• applying the principle of net neutrality to the internet access. This principle means that data communications over the network are

all processed in the same way regardless of sender, receiver, application or content.

The European Parliament also supported the banning of roaming charges for voice, SMS and data across the EU as of 15 December

2015. However, the MEPs have allowed the possibility of imposing capped charges in order to prevent anomalous or abusive usage of

the roaming services. Contrary to the Commission, the EP considered that there is no need to regulate prices for international phone

calls.

The Council adopted a general approach on 4 March 2015 under Latvian Presidency. Yet, the scope of the mandate was reduced

compared to the Commission proposal, covering only roaming and net neutrality, and excluding spectrum co-ordination from the

negotiations.

In the meantime however, the Juncker-Commission has announced new proposals for an ambitious overhaul of the telecom rules in

the second half of 2016, which has led to favour a partial agreement.


A political agreement was reached in Trilogue negotiations between Council and Parliament on 30 June 2015.

The agreed text of the Regulation was submitted to the Coreper on 8 July 2015, and formally endorsed by Council in early second

reading on 1 October 2015.

Then, the European Parliament Plenary endorsed the Regulation in second reading on 27 October 2015.

The final Act was signed on 25 November 2015. Regulation (EU) 2015/2120 was published in the Official Journal on 26 November

2015.

The Regulation immediately entered into force in all Member States. Then, six months after the entry into force, the Body of European

Regulators for Electronic Communications issued general guidelines for national regulators, responsible for overseeing the

implementation.

The "Connected Continent Package" is an important step towards a Telecoms Single Market. These common EU-wide Internet rules

will avoid fragmentation in the single market, creating legal certainty for businesses and making it easier for them to work across

borders. The Package contains the following points:

• Abolition of Roaming charges: they will cease to exist in the EU as of 15 June 2017. Consumers will pay the same price for calls,

texts and mobile data wherever they are travelling in the EU. To abolish roaming charges a series of technical conditions will have to be

fulfilled. Roaming, although up to 91% cheaper than in 2007, still accounts for about 10% of EU operators' revenues, and on average,

industry and consumers pay double the price for roaming calls that operators have to pay in the wholesale market.

• Net neutrality: Under the first EU-wide open internet access rules, operators will have to treat all traffic in an "equal and non-

discriminatory" manner when providing internet access services. The agreement enshrines for the first time the principle of net

neutrality into EU law: internet providers would not be permitted to block or slow down internet speeds for certain services for

commercial reasons. Blocking or throttling will be allowed only in a limited number of circumstances, for instance to counter a cyber-

attacks and prevent traffic congestion. Agreements on services requiring a specific level of quality will be allowed, but operators will

have to ensure the general quality of internet access services;

• Specialised services: The Regulation foresees that, in addition to the "open internet", specialised services of higher quality, such

as Internet TV and new innovative applications, could be offered to both end-users and companies willing to pay more to gain priority

in online traffic. However, the new rules guarantee that these pay-for-priority services cannot be offered if they restrict bandwidth and

speed for everyday internet users and websites. Priority in online traffic will be given to matters such as sensitive healthcare date,

emote surgery, driverless cars and preventing terrorist attacks.

Even in this narrower scope the potential economic gain from the Connected Continent Package may be significant. According to an EP

study, the total welfare gains of a better regulation on contract termination rates and of cross-border mobile roaming would be at


least €12 billion per year.

References:

• Regulation (EU) 2015/2120 of 25 November 2015 laying down measures concenring open internet access

• EP Legislative Observatory, Procedure file of Regulation on Open internet access, 2013/0309(COD)

• European Parliament, Ensure open access for internet service suppliers and ban roaming fees, say MEPs, Press release, 3 April 2014.

• European Parliament, Resolution of 12 September 2013 on the Digital Agenda for Growth, Mobility and Employment: time to

move up a gear, 2013/2593(RSP).


RAPPORTEURPilar DEL CASTILLO VERA


• http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015R2120&from=en


• http://www.europarl.europa.eu/news/en/news-room/20140331IPR41232/ensure-open-access-for-internet-service-suppliers-and-ban-roaming-fees-say-meps



HIGH COMMON LEVEL OF NETWORK AND INFORMATION SECURITY [ ARRIVED ]

CONTENT

Put forward in February 2014 as part of the EU Cybersecurity Strategy, the Directive on high common level of network and information

security (NIS) across the EU (cyber security for companies) aims at preventing security incidents. Given that the number of cyber-attacks

is increasing significantly, the purpose of the Directive is to ensure that the Member States, key Internet service providers and critical

infrastructure operators are guaranteed a securitised digital environment throughout EU territory. Closing legal loopholes is notably

vital to boost trust and ensure the smooth functioning of the Internal Market. Meeting these aims also implies intensified co-


http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015R2120&from=en


http://www.europarl.europa.eu/news/en/news-room/20140331IPR41232/ensure-open-access-for-internet-service-suppliers-and-ban-roaming-fees-say-meps




operation, both strategic and operational, between EU- Member States.

The European Parliament adopted its first reading position on 13 March 2014. The Committee adopted a decision to enter in early

second reading negotiations on 6 October 2014.

It its 1st reading position in March 2014, the European Parrliament took the view that information society services should not be

included in the list of market operators in Annex II of the draft directive (such as internet payment gateways, social networks, search

engines, cloud computing services). The EP considered that the compulsory measure from Chapter IV should be limited to

infrastructures that are critical in a stricter sense.

The European Parliament also proposed that Member States may request the assistance of the European Union Agency for Network

and Information Security (ENISA) in developing their national NIS strategies and national NIS cooperation plans, based on a common

minimum NIS strategy. The EP also proposed amending the text of the proposed directive to authorise the designation of one or more

competent authorities by Member States, but insisted that just one single point of contact should be appointed so as to ensure

coherent application within each Member State and across the EU.

During the trilogue negotiations, the European Parliament’s negotiators sought some additional safeguards to be introduced to the

procedure of the identification of the operators, so as to avoid the creation of loopholes and increased fragmentation of the internal

market at the EU level. It insisted on the true added value of the proposal, which is why also additional discussions were needed on

the issue of strategic and operational cooperation.

In addressing the request of the European Parliament, the Commission presented additional input to address some other outstanding

issues such as applicable law and jurisdiction, measures allowing for higher degree of harmonisation and mitigating risk of

fragmentation, definition related to Annex II and possible overlap of the NIS and other sector specific legislation.

The Council adopted a mandate for negotiations in May 2015.

On 7 December 2015, under Luxembourg Presidency, a political agreement was found in trilogue meetings on the first EU-wide

legislation on cybersecurity.

On 17 May 2016 the Council approved the legislative act with all Member States in favour.

On 14 June 2016, the IMCO Committee approved the Council position at first reading, by adopting of draft recommendation for second

reading.

The European Parliament held a debate on the proposal in July plenary and voted on its legislative resolution at second reading on 6

July 2016.


The final act - Directive (EU) 2016/1148 - was published in the Official Journal on 19 July 2016.

The new rules include measures to:

• improve cybersecurity capabilities in Member States: Member States will be required to adopt a national NIS strategy defining the

strategic objectives and appropriate policy and regulatory measures in relation to cybersecurity. Member States will also be required

to designate a national competent authority for the implementation and enforcement of the Directive, as well as Computer Security

Incident Response Teams (CSIRTs) responsible for handling incidents and risks.

• improve Member States' cooperation on cybersecurity: The new rules will create a ‘Cooperation Group’ between Member States,

in order to support and facilitate strategic cooperation and the exchange of information among Member States and to develop trust

and confidence amongst them. The Commission will provide the secretariat for the Cooperation Group. The Directive will also create a

network of Computer Security Incident Response Teams, known as the CSIRTs Network, in order to promote swift and effective

operational cooperation on specific cybersecurity incidents and sharing information about risks. The EU Agency for Network and

Information Security (ENISA) will provide the secretariat for the CSIRTs Network.

• require operators of essential services to take appropriate security measures and report incidents to the national authorities: this

applies to businesses with an important role for society and economy, referred in the Directive as "operators of essential services"

(energy, transport, banking and healthcare sectors, and providers of key digital services).

The new rules will require designated operators that provide essential services in areas such as energy and transport to take measures

to manage risks to their networks and report incidents to authorities. Member States will identify the essential operators based on

clear criteria. In that context, digital services platforms would be treated in a different manner from essential services. As for Member

States, they will be required to establish an NIS plan and designate competent authorities. An EU-level cooperation group will be

created to address NIS matters at strategic level and guide operational activities. For this operational co-operation, a network of

national Computer Security Incident Response Teams (CSIRTs) will be set up.

The Commission is building on this achievement and on 5 July 2016 launched a public-private partnership on cybersecurity, as

previously announced in the Digital Single Market strategy in May 2015.

References:

• EP Legislative Observatory, Procedure file of Directive on High common level of network and information security across the

Union, 2013/0027(COD)

• Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the

Union

• European Commission, Commission signs agreement with industry on cybersecurity and steps up efforts to tackle cyber-threats,

Press release, 5 July 2016








RAPPORTEURAndreas SCHWAB






INTEROPERABILITY PROGRAMME FOR 2016-2020 (ISA2) [ ARRIVED ]

CONTENT

Digital interoperability refers to communication between devices, networks or services such that they can work effectively with each

other. For more than 15 years, the EU has supported programmes encouraging the digitalisation and cross-border interoperability of

public administrations at all levels. The most recent programme, Interoperability solutions for European public administrations (ISA),

ends in 2015. Yet, an interim evaluation in 2012 indicated that Member States still had needs.

Greater interoperability will improve the services offered, cut costs and reduce the administrative burden. At the same time it will

contribute to the smooth functioning of the internal market.

In 2014, the Commission proposed a new programme on interoperability solutions for European public administration, businesses and citizens

(ISA2), to continue support for modernisation of public administrations in the EU and governments' digital services. ISA2 will replace

and exxpand on the current ISA programme, which is due to expire at the end of 2015. The financial envelope of ISA2 for 2016-2020 is

about €131 million.

Support for interoperability and better coordination across all eGovernment work is essential to ensure better access to public services

across the EU at a time when both of citizens and businesses move much more across the Union. This requires frequent interaction



electronically with member state administrations. Currently problems such as organisational complexity, outdated and cumbersome

procedures, and lack of cooperation create electronic barriers. These prevent citizens and businesses from using public services

efficiently and impede the smooth functioning of the internal market.

Actions that have received support from the ISA programme include eSignature creation and verification tools to support cross-border

access to eServices for businesses, the eHealth European Interoperability Framework to bring cross-border interoperability to

healthcare, and an open source software to support the European Citizens' Initiative.

The Council adopted a general approach on the new ISA Programme on 12 June 2015.

The European Parliament Committee on Industry, Research and Energy adopted a report on 16 June 2015, as well as a mandate to

enter inter-institutional negotiations. The ITRE Committee considered that the new programme should focus on end-users and on data

protection and maintain the possibility to access services by way of non-electronic means. It should also pay attention to the needs of

micro and small enterprises and contribute to the development of a more effective, simplified and user-friendly e-administration. The

programme should also help identify best practices and develop guidelines. The Committee also asked the Commission to develop a

communication and training strategy to increase awareness about the programme. The Commission should also monitor if the

programme has a positive impact on modernising the public sectors and addresses efficiently the needs of the citizens and SMEs. The

Committee tool the decission to

After negotiations with the Council, the European Parliament requests were integrated in the final decision, notably regarding:

• The social dimension of the programme, making it not only a technical programme, but one also guaranteeing accessibility for all

(citizens and companies, especially SMEs).

• The development of a platform for the access and collaboration on best practices to disseminate available solutions with the

development of open specifications and standards.

The political agreement was reached on 2 September 2015 at the first informal Trilogue meeting.

The Coreper approved the agreement on behalf of Council on 23 September 2015.

Following the endorsement of the agreement by the European Parliament in first reading on 11 November 2015, the Council adopted

the act on 23 November 2015.

The Act establishing a programme on interoperability solutions and common frameworks for European public administrations,

businesses and citizens (ISA2 programme - decision 2015/2240 of 25 November 2015) was published in the Official Journal on 4

December 2015.


References:

• Decision (EU) 2015/2240 of 25 November 2015 establishing a programme on interoperability solutions and common frameworks

for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector

• EP Legislative Observatory, Procedure file of Decision on ISA2 programme, 2014/0185(COD)


RAPPORTEURCarlos ZORRINHO


• http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015D2240&from=EN



COMMON EUROPEAN SALES LAW (CESL) [ DERAILED ]

CONTENT

Applying the principle of discontinuity, the Juncker-Commission has listed in its 2015 Annual Work Programme a series of legislative

proposals that it intends to withdraw or modify after consulting the Parliament and the Council, amongst which the draft Regulation on

a Common European Sales Law (CESL) submitted in October 2011.

The objective of the proposal on a CESL was to establish an optional EU-wide sales law that consumers and SMEs would be able to use

when buying digital products such as music or software by downloading them from the cloud. The CESL was due to stimulate trade by

encouraging cross-border sales and to enhance consumer trust in the purchasing of goods abroad. Consumers were to benefit from

increased choice, and business, in particular SMEs, would have found it easier to extend their market.

The aim of the Commission is to replace the existing proposal it by a modified text, which could better contribute to unleashing the

potential of e-commerce in tthe digital Single Market. The Commission in its Work Programme for 2015 expressed its intention to

present a new proposal in the course of 2015.


http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015D2240&from=EN






As announced in the 2015 Work Programme, the Commission presented new contractual rules for online sales aimed at easing e-

commerce on 9 December 2015.

The proposed digital contract rules include two draft pieces of legislation:

• contracts for the supply of digital content; and

• contracts for the on-line and other distant sales of goods

The two proposals draw on the experience acquired during the negotiations for the Regulation on a Common European Sales Law

(CESL). In particular, they no longer follow the approach of an optional regime and a comprehensive set of rules. Instead, the

proposals contain a targeted and focused set of fully harmonised rules. The proposals also build on a number of amendments

adopted by the European Parliament in first reading concerning the proposal for a Regulation on the Common European Sales Law, in

particular the restriction of the scope to online and other distance sales of goods and the extension of the scope to certain digital

content which is provided against another counter-performance than money.

References:

• European Commission, Work Programme 2016, COM(2015) 610.

• European Commission, Work Programme 2015, COM(2014) 910.

• EP Legislative Observatory, Procedure file of Regulation on Common European Sales Law, 2011/0284(COD).


RAPPORTEURLuigi BERLINGUER

RAPPORTEURKlaus-Heiner LEHNE











DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE / UP TO €204 BN+€47BN+€58BN

CONTENT

€415 billion Euros after phasing-in of all measures (development of e-commerce + European Cloud)

Creating a connected digital single market is a core priority of the Junker Commission. On 6 May 2015, the Commission presented its

comprehensive Digital Single Market Strategy with a set of legislative and non-legislative targeted actions to be delivered by the end of

2016.

The Digital Single Market Package is expected to constitute one of core achievements of the new Commission, capable of generating up

to €415 billion of additional growth in Europe over the next years, thereby creating hundreds of thousands of new jobs, notably for

younger job-seekers, and a vibrant knowledge-based society.

The Digital Single Market Strategy sets out 16 key measures organised in 3 pillars:

Pillar I: Better access to digital goods and services

1. Easing e-commerce: Harmonisation of contractual rules for online sales. The legislativee proposals on digital contract rights has

been presented on 9 December 2015;

2. Review of the Consumer Protection Cooperation Regulation: a proposal was submitted on 25 May 2016;

3. Affordable cross-border parcel delivery, with a legislative proposal presented on 25 May 2016;

4. End to unjustified geo-blocking: a legislative proposal was put forward on 25 May 2016;

5. Legislation on a modern European copyright: a Communication on a European approach to copyright was presented on 9

December 2015. It was followed by four legislative proposals on 14th of September 2016, which set a framework of new rules aimed

at reducing the differences between national copyright regimes and allowing wider online access to works across the EU;

6. Review of the Satellite and Cable Directive: the proposal is awaited for the second half of 2016, though some related aspects are

considered in the new copyright rules proposed in September 2016;

7. Simpler VAT administrative regime and common VAT threshold: the EC Action Plan on VAT put forward by the EC on 7th of April

2016 plans to modernise VAT rules for ecommerce

8. Antitrust competition inquiry into the e-commerce sector; (ongoing)

Pillar II: Better business environment for digital networks and innovative services

1/5

1. Overhaul of EU Telecoms rules: the EC proposal was published on the 14th of September 2016

2. Review the Audio-visual Media Framework: The legislative proposal was presented by the EC on 25 May 2016;

3. Review the e-Privacy Directive: the proposal is expected for the second half of 2016

4. Public Private Partnerships for increased cybersecurity. The partnership was launched on the 7th of July 2016

5. Assessment of online platforms and proposals to tackle illegal content; (ongoing)

Pillar III: Maximising the growth potential of the digital economy

1. European Cloud Initiative - Communication on building a competitive data and knowledge economy: the Communication was

presented by the EC 19 April 2016

2. Revision of the Interoperability Framework making it mandatory: the proposal is expected for the second half of 2016

3. New e-Government Action Plan.2016-2020: it was put forward by the EC on 19 April 2016.

With the harmonisation of contractual rules for and the removal of barriers and discriminatory practices in online sales, the major

impact expected from the Digital Single Market package is the creation of Single European space for e-commerce.

Such a development would represent a major change from the present situation: there is a relatively low level of cross-border e-

commerce at a time when such activity within Member States has been growing rapidly. Too many barriers still block on-line services

and on-line transactions. The most serious impediment relate to e-privacy, e-payment, VAT payments, data protection and the large

number of geographic restrictions. The effect is to partly renationalise the supply for good and services. These obstacles clearly

jeopardise the Single market.

If e-commerce were to grow to 15% of the total retail sector and if all barriers were to be eliminated in the Single Market, the total

increase of EU GDP could reach €204 billion per year after full phasing-in. Furthermore, as highlighted by the EP study on the

"Mapping the Cost of Non-Europe", an important public good could be created by the establishment of a comprehensive consumer

protection fit for the Digital Age. With the planned measures, consumers are set to benefit from a wider range of rights and offers. If at

the same time, effective pan-European legislation were to protect consumers from fraud, rogue-trading and identity theft, this would

boost confidence to shop and sell across borders, and the welfare gain would be substantial.

Finally, according to the EP Cost of Non-Europe Study, the development of cloud computing in Europe would lead to an estimated

added-value for the EU GDP of €47 billion yearly. Thus, the economic and commercial prospects of the Cloud are indeed promising

and there is a business case for its development.

On 19 January 2016, the European Parliament adopted a resolution entitled ‘Towards a Digital Single Market Act’ 2015/2147(INI)

(rapporteurs: MEP Evelyne Gebhardt, S&D, Germany and MEP Kaja Kallas, ALDE, Estonia), as a follow-up to the Digital Single Market

(DSM) strategy for Europe presented by the Commission on 6 of May 2015. The report calls for swift implementation of its initiatives.


The European Parliament has stressed the immediate need for the Commission and the Member States to support a more dynamic

economy which is conducive to innovation, eliminates barriers for businesses (especially for innovative enterprises, SMEs, start-ups

and scale-ups), and creates a level playing field through development of e-government, a future-proof regulatory and non-regulatory

framework, a long-term digital investment strategy and better access to finance. More efforts are also needed to promote

entrepreneurial culture and innovative business models.

Yet, the European Parliament expresses concern over the diverging national approaches that Member States have pursued on

regulating the internet and the sharing economy. The European Parliament underlines that online and offline sales should be treated

equally in terms of consumer protection, and that the Commission's proposals for cross-border contract rules should avoid creating

different legal standards applicable to these two kinds of purchases.

The EP also supports the Commission's commitment to end unjustifiable geo-blocking practices, which often produce undesirable

consequences such as creation of monopolies and switching to illegal content by consumers. Consequently, the EP welcomes the

proposal to strengthen portability and interoperability in the DSM, to boost undeterred circulation of legally acquired content or

services.

The EP calls on the Commission to assess the appropriateness of existing rules in resolving potential issues related to online platforms,

and to establish guidelines on application of consumer legislation to traders using these platforms. The report also urges the

Commission to develop a strategy addressing shortages of e-skills, especially among young people.

References:

• European Commission, Digital Single Market Strategy for Europe, COM(2015) 192

• European Commission Communication, A comprehensive approach to stimulating cross-border e-Commerce for Europe's citizens and

businesses, COM(2016) 320

• EPRS, Mapping the Cost of Non-Europe, 2014 -19 - Third edition, April 2015

• European Parliament resolution of 19 January 2016 on Towards a Digital Single Market Act, 2015/2147(INI)

Further reading:

• European Parliament, EPRS , A Digital Single Market Strategy for Europe, Briefing, September 2015





http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU%282015%29536364


http://www.eprs.sso.ep.parl.union.eu/lis/lisrep/09-Briefings/2015/EPRS-Briefing-568325-Digital-single-market-strategy-for-Europe-FINAL.pdf

BETTER ACCESS TO DIGITAL GOODS & SERVICES / UP TO €204BN

CONTENT

Pillar I: Better access to digital goods and service

LEGISLATIVE FILE(S) INCLUDED

Geo-blocking

MODERN EUROPEAN COPYRIGHT RULES

Consumer protection co-operation (CPC) regulation

Cross-border parcel delivery

Portability of online content

JD - Consumer sale of goods

JD - Digital content and digital services

BETTER BUSINESS ENVIRONMENT FOR DIGITAL NETWORKS & SERVICES / UP TO €58BN

CONTENT

Pillar II: Better business environment for digital networks and innovative services


OVERHAUL of EU-TELECOMS RULES

JD - Audiovisual media framework

JD - e-privacy reform

Public-private partnerships for cybersecurity

Assessment of platforms and tackling illegal content

Spectrum coordination

Wholesale roaming regulation


MAXIMISING THE GROWTH POTENTIAL OF THE DIGITAL ECONOMY / UP TO €47BN

CONTENT

Pillar III: Maximising the growth potential of the digital economy


European cloud initiative

New e-Government action plan 2016-2020

JD - Free flow of non-personal data

European interoperability framework

Digitising European Industry


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