Voorbereidingen voor de Raad Telecommunicatie (20 november)

woensdag 19 november 2003

The European Council of Telecommunications will meet in Brussels on 20th November 2003. Commissioner Erkki Liikanen will represent the European Commission.

Item 3: Adoption of Council Conclusions on the transition from analogue to digital broadcasting

    Background

Digital television was introduced in the EU in 1996, first via satellite and, soon after, via cable and terrestrial reception. It steadily progressed in several Member States (UK, France, Italy and Spain) driven by satellite pay-TV, but stagnated in 2001. In particular, digital terrestrial TV encountered many difficulties, with several business failures and other projects being postponed.

Television matters largely lie within national competence and no dominant EU switchover pattern can be identified, given the widely varying speed of market development across Member States and differing mixtures of cable, satellite and terrestrial reception. The eEurope 2005 Action Plan indicates that Member States should publish by the end of 2003, their intentions regarding a possible switchover.

On 17 September 2003, the Commission published a Communication on the transition from analogue to digital broadcasting (from digital "switchover" to analogue "switch-off")(1) (see IP/03/1276). The Communication addressed the switchover ;process, with a special focus on Member States' policies for digital TV migration. It provides orientations for Member States to help them prepare their switchover plans in order to comply with the eEurope request, notably the need for technological neutrality to ensure a level playing field between satellite, cable and terrestrial platforms.

The Communication also stresses the need for a consumer-friendly approach. In particular, market players and Member States should ensure there is adequate information for consumers regarding timing so they can plan their own migration to DTV. There should be an attractive range of services in order to drive the process. Digital service diversity means offering a portfolio of different services multi-channel, interactive services and high quality pictures and audio including wide-screen and HDTV rather than just offering one type of service.

This is more likely to achieve an inclusive approach than just depending on one type of service that might not interest everyone. The Communication rejects the alternative approach of forcing consumers to buy digital TV equipment, for instance by requiring all TV sets to be fitted with digital tuners.

    At this Council it is expected that

Council will adopt its conclusions, inviting the Commission to support Member States' initiatives to promote digital broadcasting within the limits of Community law and policy.

Council will invite the Member States to publish, by December 2003, their intentions regarding a possible switchover and to ensure that any policy interventions are transparent, justified, proportionate, timely and non-discriminatory.

Council will broadly endorse the orientations identified by the Commission, and the tasks that it indicated it would undertake in its Communication:

  • monitoring national switchover policies and the evolution of digital broadcasting markets;

  • analysing the information provided by Member States in the framework of the eEurope 2005 Action Plan and the annual report on the implementation of the electronic communications regulatory package;

  • exploring the possibility of a co-ordinated action to promote awareness of digital consumer equipment;

  • launching a debate with the Member States, on the implications of switchover for the new Community spectrum policy framework.

Following adoption of Council's conclusions and depending on Member States' delivering national switchover plans by 31.12.03, the Commission will adopt a follow-up Communication in the second quarter of 2004. This would summarise information received from Member States in the context of eEurope2005 and possibly suggest additional initiatives.

Item 4: Adoption of Council conclusions on barriers to widespread access to new services and applications of the information society through open platforms in digital television and third generation mobile communications

    Background

The Barcelona European Summit of March 2002 recognised that digital television and third-generation mobile communications (3G) are likely to play a key role in providing widespread access to interactive services. The Summit called upon the Commission and the Member States to foster the use of open platforms to provide freedom of choice for citizens accessing the applications and services of the Information Society, and asked for a report on remaining barriers to widespread access of such services.

On 9 July 2003, the Commission adopted a Communication on barriers to widespread access to new services and applications of the information society through open platforms in digital television and third generation mobile communications (see IP/03/978).

This communication confirmed that technical barriers to open platforms are not the most significant factor restricting widespread access.

Other factors related to security, consumer confidence and trust, and attractive services and content would influence widespread access to Information Society services much more significantly. Initiatives in ongoing policy areas such as eTEN and the eEurope 2005 Action Plan are also important for improving widespread access to services.

The communication commits to completing the examination of the interoperability of digital TV services as laid down in the framework directive.

    At this Council it is expected that

The Council will invite the Commission to:

  • actively extend its investigations on widespread access to new services and applications of the Information Society to ;platforms other than digital television and third generation mobile communications;

  • monitor developments in multi-platform delivery systems with a view to encouraging interoperability of digital interactive services and the freedom of choice for users;(2)

  • ensure mandates for standardisation programmes are issued and completed in a timely fashion; inter alia those covering ;electronic communications as mandated to CEN, CENELEC and ETSI in pursuit of the objectives laid down in Articles 17 and 18 of Directive 2002/21/EC.

The Council will invite the Member States to:

  • ensure, where possible, that electronic public services are accessible via different platforms;

  • ensure full and effective implementation of the EU regulatory framework for electronic communications networks and services, in order to have a coherent set of rules that provide technologically neutral conditions for competition, without giving preference to one platform over others;

  • support the Commission in its efforts to take forward the standardisation programme.

The Council will broadly endorse the orientations identified in the Commission's Communication and its indications that it would:

  • take a series of follow-up actions in regulatory and research areas, including ongoing support for private sector measures, access to Information Society services by disabled users, and multi-national measures;

  • undertake a public consultation on the interoperability of interactive digital TV as part of its examination of how far interoperability and freedom of choice have been achieved for digital television services in Member States;

  • promote the principles of openness and interoperability at international level in its relations with third countries and regions.

Following the adoption of the conclusions the Commission will welcome the Council's endorsement of its analysis and proposed action items. The Commission will re-iterate its intention to report on interoperability in interactive digital television services by July 2004.

The Commission will accept the Council's suggestion to actively extend its investigations on ;the achievement of widespread access to new services and applications of the Information Society to ;platforms other than digital television and third generation mobile communications, which builds on the Commission's own proposal to monitor multi-platform developments to determine if the use of proprietary technology unreasonably limits users choice of services.

Item 5: Proposal for a Regulation of the European Parliament and of the Council establishing the European Network and Information Security Agency political agreement

    Background

The European Parliament, the Council and the Commission have during the last years been advocating closer cooperation on network and information security. This was expressed in the Commission Communication on Network and Information Security of June 2001(3), where a number of measures were proposed including the establishment of a European warning and information system. The Council Resolution of 28 January 2002 advocated a common approach to specific actions in the area of network and information security, and welcomed the intention of the Commission to make proposals for the establishment of a "cyber security task force". The establishment of such a task force was one of the actions in the Europe 2005 action plan.

The cyber security task force developed into a proposal to establish a European Network and Information Security Agency, adopted by the Commission in its proposal of 11 February 2003(4) (see IP/03/208). In the Telecom Council on 5 June the Member States agreed on a general approach re-confirming that the legal base of the proposal was Article 95 of the Treaty i.e. Internal Market.

After the last Telecom Council the three institutions negotiated a compromise which is expected to be adopted by the European Parliament on 19 November.

    At this Council it is expected that

Member States will reach a political agreement on the compromise.

Council will make a special declaration stating that until the permanent seat of the Agency has been decided by the Heads of States, the Agency will temporarily be located in Brussels.

According to the agreement the Agency shall assist the Commission and the Member States by helping them to meet requirements for network and information security, thereby facilitating the smooth functioning of the Internal Market.

The tasks of the Agency shall be to:

  • Analyse current and emerging risks that could impact on the resilience and availability of electronic communications networks

  • Provide advice and assistance to Commission, European Parliament, Member States or Member States bodies,

  • Facilitate cooperation and information exchange between all stakeholders in the area of network and information security:

  • Contribute to awareness raising and the availability of information on network and information security

  • Assist Commission and Member States in their dialogue with industry to address security related problems in hard- and software products;

  • Follow the development of standards in this area

  • Promote risk assessment activities

  • Contribute to the Community efforts to cooperate with third countries and international organisations

On an organisational level the Agency will consist of:

  • A Management Board, composed of one member per Member State, three representatives appointed by the Commission and three representatives of different stakeholder groups

  • An Executive Director, responsible for the day-to-day management of the Agency and

  • A Permanent Stakeholders Group; composed of experts representing relevant stakeholders. This group shall advise the Executive Director in his duties.

The number of staff is estimated to 44 people when fully functional with the 10 new Member States. The Executive Director will be able to set up ad hoc working groups for specific areas.

The budget is 33.3 M € with 25 Member States.

An evaluation shall show whether the Agency has achieved its objectives and tasks and whether it shall continue to function after the first 5 years.

Item 6: Situation in the electronic communications sector

    Background

The Italian Presidency presented a paper for discussion of the situation of electronic communications in Europe. The paper recalls the adjustment period undertaken by the sector since the burst of the Internet bubble in 2000, and addresses the challenges for the future. Opportunities appear in the further provision of broadband access and deployment of 3rd Generation mobile communication (3G) networks. Provision of new services is expected to impact on the various actors of the value chain, such as telecom operators, equipment manufacturers, software and content providers.

The role of broadband as a source of growth for the European economy has recently been underlined by the Commission proposal on the Growth initiative. EU Member States are expected to put national broadband strategies in place by the end of 2003, facilitating further roll out. Launch of 3G services has already taken place in some countries, and further launches are expected in 2004.

The further development of the broadband and 3G markets relies on predictable rules and a harmonised framework. Hence the importance of transposition of the new regulatory framework for electronic communications. The framework will enhance competition and stimulate investment, essential conditions for an improved development of the sector. The Commission will report on the recent developments in the electronic communications sector to the next Spring European Summit.

    At this Council it is expected that

The Telecom Council will have an orientation debate on the issues of broadband, 3G and the situation in Member States in terms of transposition of the new regulatory framework.

Item 7: Council conclusions on "The role of eGovernment for Europe's future

    Background

At the Como Conference on eGovernment, organised last July, jointly by the Italian Presidency and the European Commission, European ministers declared the importance of having first class eGovernment in Europe.

The Commission issued a communication on "The role of eGovernment for Europe's future" (see IP/03/1300) in September which was submitted to the Council working group in October. The Communication signals the importance role of eGovernment in eEurope 2005 Action Plan as well as for achievement of the Lisbon strategy. eGovernment initiatives focus on the use of ICT combined with organisational change and new skills in order to improve public services, democratic processes and public policies. They analyse the current state of play, identify key issues and barriers, propose measures to accelerate the take up of eGovernment and present a coherent set of actions that reinforce eGovernment within the eEurope 2005 context. The Communication calls upon Member States to express political commitment, leadership and co-operation at European level and to increase efforts with all actors in the private and public sector.

    At this Council it is expected that

The Council will adopt conclusions regarding "The role of eGovernment for Europe's future". ;

These conclusions express strong political support by the Member States to advance eGovernment. They are to improve the efficiency, the openness and the transparency of public administrations, while ensuring access for all.

The conclusions present practical steps to accelerate the development and deployment of eGovernment in Europe. These include:

  • work on authentication, interoperability and multi-platform solutions,

  • identification of remaining legal and regulatory barriers to eGovernment,

  • the launch of pan-European eGovernment pilots such as eProcurement or company registration,

  • reinforcement of synergies for research and innovation between EU and national programmes

  • benchmark and measurement of the benefits of eGovernment.

The conclusions invite the Commission to propose a framework for the exchange of best practices, in order to increase synergies and promote and facilitate re-use of eGovernment solutions across Member States.

Item 8: Proposal for a Decision of the European Parliament and of the Council on Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC)

    Background

On 8 July 2003, the Commission proposed a Decision of the Council and the European Parliament establishing a new multi-annual programme succeeding the present IDA programme that expires on 31 December 2004. The objective of the IDABC programme is to identify, support and promote the development of pan-European eGovernment services to public administrations, businesses and citizens as well as the underlying interoperable telematic networks.

While still incorporating the main features of the current IDA programme, notably with respect to the interchange of data between administrations, the scope of the follow-on Programme IDABC will be broader providing a more comprehensive coverage of pan-European eGovernment services to administrations, while extending to citizens and businesses the benefits resulting from the co-operation between public administrations across Europe. Consequently, the deployment of trans-European telematic networks will not be the end, but the means to achieve interoperable information and interactive services at the pan-European level.

The IDABC Programme is contributing strongly to the achievement of the Lisbon goals, an important component of which is eGovernment, as highlighted in the eEurope Action plan and in the Ministerial Declaration from the Como Conference in July this year.

Like the IDA programme, the IDABC Programme will support the functioning of the Internal Market and facilitate inter-institutional communication as well as the Community decision-making process.

The IDABC Programme will continue to:

  • provide the infrastructure services as IT solutions and guidelines that Member States and Community Institutions can use to work together electronically and

  • support the creation of telematic networks to support the interchange of information between administrations

It will also support, initiate and enable the delivery of pan-European eGovernment services with a view to giving businesses and citizens easier access to cross-border information and transactions.

The new IDABC Programme will comprise two strands, namely Projects of Common Interest in support of sectoral policies and Horizontal Measures in support of interoperability between networks and services as well as the establishment of pan-European eGovernment services to businesses and citizens. They are all co-operative activities that need to be carried out at the European level with the objective of establishing pan-European eGovernment services to administrations, businesses and citizens in support of existing and new policies.

    At this Council it is expected that

The Telecom Council will reach a political agreement on the text to be adopted as the Council's Common Position with a view to achieving a final adoption of the proposal by late spring 2004, following the second reading of the European Parliament.

Item 9: World Summit on the Information Society

    Background

The World Summit on the Information Society (WSIS) is to be held in two phases. The Swiss government will host the first Summit in Geneva from 10 to 12 December 2003. The second will take place in Tunisia from 16 to 18 November 2005, and will be the single most important political event in that area since the term Information Society was coined.

The Summit was initiated by an ITU resolution(5) in 1998 and further supported by a resolution of the United Nations General Assembly(6) adopted in January 2002. Its aim is "to develop a common vision and understanding of the Information Society and to draw up a strategic plan of action for concerted development towards realising this vision". It takes place at a moment when there is world-wide recognition that society has changed, and is continuing to change as a result of the fast-moving developments in information and communications technologies. Such technological advances are driving economic, social, and cultural changes to an extent never before thought possible.

The preparatory process and the Summit itself are open to the participation of the civil society and the private sector.

Four regional preparatory conferences have already been held, as well as three preparatory committees and an Intersessional meeting in Paris in July 2003. The 3rd preparatory committee (PrepCom-3) in September failed to agree on drafts for the Political Declaration and the Plan of Action. The Committee therefore reconvened and resumed the session from 10 to 14 November 2003. At this meeting, agreement was reached on large parts of the texts, though some issues still remain open. A next resumed session to finalise the Declaration and the Plan of Action is foreseen for 5 and 6 December 2003.

    At this Council it is expected that

The Presidency will give information on the state of the WSIS preparatory process after the resumed third PrepCom. The Presidency will also inform the Council about the remainder of the preparatory process. The Council is expected to reconfirm the EU negotiation position.

Item 10: Stimulating the European digital content: legislation and policies

    Background

Digital content covers all types of information, text, images and sounds that exist in digital format. It has a key role in the further development of the Information Society. The advance of broadband critically depends on the availability of suitable content, since it is not enough just to have the infrastructure in place. Digital content has significant economic importance. It is a tradable good in itself, but also has an impact on all other sectors. Therefore digital content is a source of job-creation, in particular in small and medium-sized firms.

The economic importance of digital content is expected to grow in the coming years. Seen from a cultural and social point of view, such content represents European cultural values and can play a role in bridging the digital divide.

The digital content sector presents numerous opportunities, but there are also a number of barriers remaining in place, as outlined in the Presidency discussion document:

  • legal and administrative disparities between the Member States (e.g. in relation to public sector information, intellectual property rights);

  • technical barriers (e.g. interoperability);

  • issues related to the multilingual character of the European Union;

  • uncertainty about market developments (e.g. take-up of mobile broadband, lack of clear business models).

These barriers have to be addressed to realise the potential of digital content, and governments can help to do so.

At the same time, Member States and the Union have to tackle problems related to illegal and harmful content. These problems will continue to grow, following the distribution opportunities of the Information Society.

Several measures are underway at European level to promote digital European content and to ensure a safer Internet:

  • Parliament and Council recently adopted a directive to facilitate the re-use of public sector information. A rapid transposition of this directive will contribute to the strengthening of content industries.

  • The eContent programme promotes European digital content on global networks. The Commission is at present preparing a follow-on programme.

  • The Safer Internet programme deals with the issue illegal and harmful content. The Commission is at present preparing a follow-on programme.

At this Council it is expected that

Ministers will have an exchange of views on the best way to promote European digital content. To structure the discussion the Presidency has proposed three questions dealing with content policies in general, the relation between content and intellectual property rights and the issue of illegal and harmful content.

(1)COM(2003) 541 final

(2)Germany has a reserve on this bullet point, which is expected to be lifted following contacts between the Commission services and the German authorities.

(3)COM(2001) 298 final

(4)COM(2003) 63 final

(5)Resolution 73 adopted during the ITU Plenipotentiary Conference Minneapolis 1998.

(6)A/RES/56/183

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