a personal view

BRUSSELS – OCTOBER 2010

A PERSONAL VIEW

Mr. Robert MADELIN

To:

DIRECTOR – GENERAL DG “INFORMATION SOCIETY” THE EUROPEAN COMMISSION

From:

1

EUROPEAN COMMISSION Information Society and Media Directorate-General The Director-General

Brussels, 3 August 2010 INFSO/C1/JD/svc D(2010) 483128

eMail: [email protected]

NOTE FOR THE ATTENTION OF DR MARIUS-EUGEN OPRAN MEMBER OF THE EXECUTIVE BUREAU OF THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE GROUP I - RO / REX & TEN

Subject:

ICT4EU-SD and the Digital Agenda for Europe

Dear Dr. Opran, Many thanks for sending me your communication dated July 2008. I note with interest that you have pursued the work begun some two years ago in the Committee where INFSO contributed with views and advice. You will also have noted that the first of the Commission's seven flagship initiatives under Europe2020 – the Digital Agenda for Europe - was launched by Commissioner Kroes in May of this year. There are clear points of overlap and I would be interested in having your detailed comments on our flagship – which included no less than one hundred and one actions and some thirty potential legislative proposals.

(eSIGNED) Robert Madelin

Cc:

Z. Stančič, A. Peltomäki, Assistants, D. Eckert, K. Ducatel, J. Doyle 2

FEDERATIA NATIONALA A

Nr. 554/EC/11.08.2010

PATRONATELOR SERVICIILOR

EU NOT RESTRICTED

Distinguished Mr. Robert MADELIN DIRECTOR – GENERAL DG ”INFORMATION SOCIETY AND MEDIA” EUROPEAN COMMI SSION

Esteemed Director - General, Many thanks for Your letter dated August 3rd and for the remarks related to the content of the brochure ”ICT for the sustainable development of the European Union” published in 2008 under the auspices of the Group I ”Employers” of ECOSOC. More than this, I want to express my particular appreciation generated by the fact that You confirmed the existence of a number of points of overlap between our document content and the ambitious “The Digital Agenda for Europe” launched by H.E. Commissioner Neelie Kroes, Vice President of the European Commission, in May of this year.

First though, I feel very honored by Your proposal to develop a detailed opinion on your ambitious flagship program. After a brief review of its content, I found that, statistically, it refers to a total of 16 well-defined areas of interaction IT2G, IT2C and IT2B plus three topics related to Single Market, Intelligent Transport and International Cooperation. According with the DG “INFSO” Communication, the program will be implemented through a number of 21 individual - type "Action Key", accompanied by 45 other supporting actions, 23 obligations of the Member States and 11 adjacent tasks undertaken by the Commission – totally 100. Concerning the legislative action, the Commission is referring to a number of 6 themes, involving 13 key actions and 29 measures. The benchmarking will be applied for a number of 6 key performance targets, tracking the evolution of 13 indicators. As a first impression, I think that DG INFSO should pay a greater attention to “e-Inclusion” implementation, including emergency practical solutions for a range of current issues of priority in many Member States and whose solution is urgently required by the governments of those countries - such as the integration of Roma children by intensive IT training simultaneously in several EU countries during their schooling period, according with a special program developed within Digital Agenda. Other spot aspect is referring to the necessity to add to Key Action 7 a special task concerning the need to change the current training method preparing our technicians only as defenders, building up to our experts cyber-attack skills because if they will know how to attack, we’ll obtain a major improvement of our defence, the way of operation used by the cyber terrorists looking familiar to our specialists. Another important improvement of our defence capabilities in this field can be reached by setting up a mobile EU anti – cyber attack unit grouping the best professional EU experts and equipped with the most modern equipment installed in mobile containers, ready to assist the European countries and our allies facing cyber – terrorism threats and attacks.

Respected Director - General, I hope to successfully complete this task, forwarding You the final report not later than September 30th. Please accept, dear Mr. Robert Madelin, my sincere feelings of high respect and consideration. Best regards,

3

I wish to express my deep gratitude to Mrs. Irina SOCOL, President & CEO of SIVECO and to Prof. Dr. Traian C. IONESCU, SIVECO CEO's Adviser, for their professional remarks and permanent support. Marius – Eugen Opran Brussels – October 4th, 2010

4

- Key Action 1 Key Action 1: Simplify copyright clearance, management and cross-border licensing by : KA1(1): Enhancing the governance, transparency and pan European licensing for online rights management; KA1(2): Proposing a Directive on orphan works; KA1(3): Review the Directive on ReUse of Public Sector Information; KA1(4): Allowing EU citizens, to benefit from the full potential of the digital internal market, including cross-border and pan-European licenses; KA1(5): Issue a Green Paper on online distribution of audiovisual works; KA1(6): Protection of intellectual property rights in the online environment, with the guarantees provided in the Telecoms Framework. 5

ACTIONS

The Commission will: Key Action 1: Simplify copyright clearance, management and cross-border licensing by : KA1(1): Enhancing the governance, transparency and pan European licensing for online rights management by proposing a framework Directive on collective rights management by 2010; MEO: KA1(1) Since Europe is a union ship, it is desirable and normal to share not only legislation, economic values etc., but also cultural and historical heritage. Consequently, bringing down borders which prevent free, unhindered access to such values becomes more and more a necessity. The present structures for cross-border collective management of legitimate online music services - based on models developed for the analogue environment - need to be improved for music to fulfil its unique potential as a driver for online services. Revenue achieved with online content services in the US in 2004 was almost 8x higher than online content revenue produced in Western Europe. As music pervades European culture and society, only music has the real potential to kick-start online content services. Regarding the present structures for cross-border collective management of copyright for the provision of online music services: The absence of EU-wide copyright licences for online content services makes it difficult for these music services to take off. Improving cross-border licensing for music services requires the creation of entirely new structures for cross-border collective management of copyright. The optimal solution to improve the cross-border management of copyright should integrate: The right of the right-holders to authorise a collecting society of their choice to manage their works across the entire EU, enhancing the right – holders’ earning potential; The right of the cross-border collecting society outside their national territories to obtain EU-wide licensing of the use made of his works; The establishment of a competitive environment for management. With respect to cross-border distribution of royalties, the right-holders freedom to choose any collecting society in the EU, will be a powerful incentive for these societies to provide optimal services to all its right-holders, irrespective of their location – thereby enhancing cross-border royalty payments. The Member States would have to adopt and to implement a series of principles supporting this solution as a competitive model for the cross-border management of copyright works.

6

KA1(2): Create a legal framework to facilitate the digitisation and dissemination of cultural works in Europe by proposing a Directive on orphan works by 2010, to conduct a dialogue with stakeholders with a view to further measures on out-of print works, complemented by rights information databases; MEO: KA1(2) Although digital form is by no means a compensation for the original, wide availability of digitized works of art, orphan works, rare documents and like is a safe way towards increasing the quality of living by offering access virtually (in the proper sense and also as a figure or speech) to anybody seeking higher quality of education without necessarily using traditional ways (visits to museums, access to libraries located far away etc.). There are three long-standing assumptions on these orphan works: Orphan work issue is linked to the lack of appropriate attribution of authorship in many creative sectors, especially in the area of visual art and photography; Orphan works were mainly qualified as older works where copyright term by far exceeds their “commercial” life; The less commercially successful a work proved to be, the more administrative effort was necessary to search for possible authors. Questions concerning the fee to be paid for the digital use of an orphan waiting for a valid answer with the new Directive: Whether a collecting society should in fact be able to represent right owners who are unknown; Whether a collecting society, after having received the license fee for the use of an orphan would have any incentive to actively search for the orphan. Whether a distinction should be made between uses that are for commercial purposes and those that are exclusively for research and education; Whether a distinction should be made between published and unpublished orphan works; Whether a distinction should be made between published and unpublished orphan works; How to ensure that the costs of whatever constitutes a "reasonable" due diligence search do not outweigh the benefits of digitising the orphan work. Coupled with these issues is the fact that each sector (books, music, film, sound recordings, photographs, visual art) exhibit their own specific characteristics so that a one-size fits all approach to orphan works may not be feasible. Libraries - notably EBLIDA and the British Library - call for a legislative solution or a statutory exception: They further identified the need to couch the problem in terms that would make a distinction between commercial uses and non-commercial uses such as those for education and research. This was especially pertinent in view of the fact that much of what is contained in library collections and archives is in fact material that does not have an intrinsic commercial value or appeal but whose value is more academic or cultural. Both sides acknowledge difficulties relating to rights clearance for orphan works and further recognise that a reasonable, good-faith due diligence search to locate the owner of an orphan and/or their heirs should be undertaken prior to using an orphan work in the context of online libraries. Both sides recognize that users of orphan works should be protected from liability for copyright infringement in the event that a right holder would reappear.

7

MEO: KA1(2)/cont. The Commission should deal with a complex matrix of intentions, from the user and creators perspective. Either or both intentions can be commercial, academic or noncommercial, and therefore a single solution to orphan works may not fit everyone equally well. On the question of payment and license, therefore the evaluation should start from a perspective that: The common objective is the greatest dissemination of works possible; That overheads to any scheme should be small; That the intentions of creators are very important, be they public, private, commercial or non- commercial; That academic, non-commercial or commercial intent of the user may create different public policy objectives; That despite this inherent complexity, solutions should be clear, simple and work across Europe with as few barriers as possible On these grounds, we would favour legislation to establish a copyright exception to allow copyrighted works to be republished in certain special circumstances. We would favour a solution where: An exception would require a publisher would have to show that they had made reasonable efforts to search for the rights holder through specified European rights data bases, and also in the general public realm; An exception would then free a publisher from liability for damages if he has failed despite these reasonable efforts to identify the owner of the rights in a previously published work; An exception would allow rights holders to identify themselves and claim royalties forward of that date for their works; An exception would allow commercial reuse of commercial works, arguably including some payment, possibly kept in escrow for the rights holders for a specified period; An exception would respect that works previously published under non-commercial licenses or circumstances would remain non-commercial; The reuse of a work should be for reproduction only, in a manner which is sensitive to and in keeping with the original intent; and, The reuse must respect the moral rights of the authors. Works that have never been intentionally published have to be treated very sensitively. Privacy questions as well as historical value of works would be particular concerns. On the question of payment for use of commercial orphan works, the Commission should evaluate the option of selecting the principle of payment, but I have very big doubts that the payments will reach their creators’ bank accounts. As a private opinion, I consider that the Commission should avoid a general, paid-for solution delivered through existing collecting societies. This is for a number of reasons: Firstly, there are 27 member states – without legislation, which means 279 cross border licences. This is impractical.

8

MEO: KA1(2)/cont. A licensing solution through collecting societies would re-erect territorial boundaries member state by member state - this goes against everything the internet is, and everything the European Union is attempting to achieve. With the Union about to establish full competency over intellectual property issues, we should be looking to harmonise our approach to copyright, and remove the obvious barriers to trade it currently imposes. Monitoring and ensuring value for money from collecting societies across Europe could prove to be impossible. I do not believe this is a task the Commission wishes to take on. Overall, it is a must to restate that this is a complex issue, but one that must be addressed. The underlying problems with copyright should be addressed, such as term and registration. The academic, cultural and economic benefits of an orphan works solution could be very high, and the changes is technology demand that a solution to the problem of orphan works be found. As a final remark, I consider that the Broadcasters' archives need a different (regulatory) solution than orphan works.

KA1(3): By 2012, review the Directive on Re-Use of Public Sector Information, notably its scope and principles on charging for access and use; MEO: KA1(3) Large availability of public sector information allows for the dissemination of good practices and it should be favoured and encouraged by all means. Supplementary, the re-use of public sector information leads to reduction in resource consumption, acceleration of providing solutions to problems and to the possibility of enlarging the scope of public activities in the citizen’s benefit. Directive 2003/98/EC on the re-use of public sector information (PSI Directive): encourages EU Member States to make as much public sector information available for re-use as possible. Representing an attempt to remove barriers that hinder the re-use of public sector information throughout the Union, actually the common legislative framework provided by this directive seems to become obsolete, mainly because of the enormous technological step forward done by ICT sector during the last 7 years. All 27 EU Member States have implemented the PSI Directive into their national legal orders, each of them introducing in local legislation, of course, a “National touch”! PSI covers all sorts of data generated by public sector bodies - e.g. maps, meteorological, legal, traffic, financial and economic information - that can be re-used by anyone else in innovative products such as car navigation systems, weather forecasts, and travel information applications ("apps") that can be downloaded on smart phones. Public data that is reused (for free or for a fee) generates an estimated market turnover of at least € 27 billion in the EU every year, from which: “Only the mobile apps market, partly based on PSI-generated data, could grow to € 15 billion by 2013” - according with the declaration of H.E. Mrs Nelie Kroes, EU Commission Vice-President and European Commissioner for the Digital Agenda. 9

The Commission should act to realise the full potential of PSI for the EU economy, imposing to EU Member States to remove remaining barriers to re-use. These include: discrimination between potential users; excessive charges for public sector information; re-use and complex licensing policies; lack of awareness of what public sector information is available; public sector bodies fail to understand the real economic potential of their data. The Governments can stimulate content markets by making public sector information available on transparent, effective and non-discriminatory terms. This is an important source of potential growth of innovative on-line services

KA1(4): After an extensive stakeholder dialogue, report by 2012 on the need for additional measures beyond collective rights management allowing EU citizens, online content services providers and right-holders to benefit from the full potential of the digital internal market, including measures to promote crossborder and pan-European licenses, without excluding or favouring at this stage any possible legal option; MEO: KA1(4) This requires a careful approach, since benefiting freely of availability of information in digital form might infringe on the intellectual property rights or might hinder some delicate security issues, especially in connection to the person’s rights to privacy. We speak about Internet market and we know that anything could be sold, but selling of sensitive information in the name of freedom of access might have grave consequences! KA1(5): In preparation thereof, issue a Green Paper addressing the opportunities and challenges of online distribution of audiovisual works and other creative content by 2010; MEO: KA1(5) This should be a mandatory regulatory instrument, properly dealing with rights and obligations in connection to the access to information, whatever its form and purpose. KA1(6): On the basis of the review of the Directive on the Enforcement of Intellectual Property Rights, and following extensive stakeholder dialogue, report by 2012 on the need for additional measures to reinforce the protection against persistent violations of intellectual property rights in the online environment, consistent with the guarantees provided in the Telecoms Framework and fundamental rights on data protection and privacy. MEO: KA1(6) - This is a very serious challenge. The wide availability of piracy, practiced at international scale and encouraged by the uniform pricing policy (e.g. a genuine copy of a computer operating system has the same price in Germany as in Romania, despite the fact that the average income of a German is ten fold higher than that of a Romanian - hence the tendency to use and even abuse of pirate software; the same approach is also applicable in the entertainment and in other sectors).

10

GENERAL REMARKS ON KA1(4-to-6): MEO: KA1(4…6) Copyright laws have been standardized to some extent through international conventions such as the Berne Convention. Although there are consistencies among nations' intellectual property laws, each jurisdiction has separate and distinct laws and regulations about copyright, resulting huge discrepancies between the EU member states. It is the duty of the Commission to prepare and promote a new set of measures perfectly fitting, without any discrimination, the rights of the intellectual property owners from all Community members. (1) The performance, (2) the reproduction and (3) the distribution of the same musical works, even when the performance, reproduction and distribution all take place in the course of a single transmission. Any solution to the crisis in music licensing must make it easy for licensees to obtain, from a single source or at least a manageable number of sources, all the necessary rights for all the musical compositions licensees wish to offer to the public. Such “onestop shopping” is essentially available today with respect to performance rights. However, nothing approaching “one-stop shopping” exists with respect to reproduction and distribution rights. True “one-stop shopping” would involve: (1) all the musical compositions one wishes to license, and (2) all necessary rights one wishes to license.

11

- Key Action 2 -

The Single Euro Payment Area (SEPA) and the interoperable European eInvoicing - by : KA2(7): Ensure the completion of the Single Euro Payment Area (SEPA) and facilitate the emergence of an interoperable European eInvoicing framework through a Communication.

12

ACTIONS

The Commission will: Key Action 2: KA2(7): Ensure the completion of the Single Euro Payment Area (SEPA), eventually by binding legal measures fixing an end date for migration before 2010 (It’s Mid-October!) and facilitate the emergence of an interoperable European eInvoicing framework through a Communication on eInvoicing and by establishing a multi-stakeholder forum; MEO (KA2-7): Apart from eInvoicing framework, suitable attention must be given to payment instruments and, especially, to the security and safety of electronic transactions. It seems to me that eInvoicing is of a secondary importance since the huge increase of eCommerce. Here, the rules of the game have been established long time ago in the U.S. and Europe had no choice but follow suit. Although Europe has a common currency, it does not have a single market for electronic payments. Cross-border online transactions are complicated by technical and legal snags, such as refusal of non-domestic credit cards. Two key actions designed to facilitate cross-border transactions are proposed:  To complete the Single Euro Payment Area (SEPA) with binding legal measures. Member States will also be encouraged to implement swiftly the key directives supporting the Digital Single Market and to transpose by 2013 the VAT Directive;  To review the eSignature Directive in order to create an EU – wide secure eAuthentication system.

13

- Key Action 3 -

KA3(8): REVISION OF THE eSignature DIRECTIVE AND INTEROPERABILITY OF SECURE eAuthentication SYSTEMS: KA3(9): Impact of the eCommerce Directive on online; KA3(10): Implement the Key Directives supporting the Digital Single Market; KA3(11): Transpose the VAT Directive ensuring equal treatment for eInvoicing ;

14

KA3(8): In 2011 propose a revision of the eSignature Directive with a view to provide a legal framework for cross-border recognition and interoperability of secure eAuthentication systems; MEO: KA3(8) Ordinary people are still afraid that the personal details involved in communicating over Internet will be intercepted and misused. Authentication could use characteristics which cannot be mimicked or faked, such as biometric features, but this is still regarded as an invasion into a person’s privacy and the number of those who are reluctant in providing biometric samples is and it will remain high, despite the offered improvements regarding security. In this respect, the Commission should cooperate with civil society representative organizations, which can play the role of mediator, dismantling the false perception of the citizens on eSignature and eAuthentication. This is the only one way to convince the ordinary people to accept and to support these two performance and indispensable tools of the future generation of European eCitizen. The first step of the Directive’s revision should include a number of Citizen’s Debates Forums to be organized by the DG INFSO mainly in the less developed Member States, presenting the benefits of these technologies supporting the implementation and the safe use of the G2C and G2B applications – as basic components of the complex, universal and never-ending application “eServices” - targeting a better life for the EU citizens.

Other actions: KA3(9): Evaluate by end 2010 the impact of the e-Commerce Directive on online markets and make proposals. MEO: KA3(9) Please see the comment at Point 8. Again, much is to be learned (not necessarily copied) from the U.S. experience in the field. To stimulate online purchasing by consumers and SMEs, European e-Commerce must be reliable and easy to use, with safe and reliable payment systems and uniform EU complaint procedures. The Commission should consider an EU-wide system of online trader certification, similar to system in The Netherlands. In addition, when making cross-border purchases citizens need confidence that their personal data is secure; privacy must be guaranteed and personal data must be stored safely. Main focus to be put on e-Commerce involving children, with appropriate rules on Codes of Conduct. A special attention should be paid to Online Gambling, which is currently outside of the scope of the Directive and, in relation to which, there are a number of complaints concerning cross-border activities – i.e. the requests of the authorities from DK, DE, IT and NL demanding the online gambling service providers from other Member States to block access to their websites for citizens living in those states. It is the duty of the Commission to initiate the appropriate action to deal with these complaints and, to examine the need for and scope of a possible new Community initiative.

15

Member States should: KA-3(10): Implement swiftly and coherently the key Directives supporting the digital single market, including the Services Directive, Unfair Commercial Practices Directive and the Telecoms Framework; MEO: KA3(10) The notion should be properly defined and applied. Digital Single Market can easily convert into monopoly if free competition is not allowed to not only exist, but also develop. Without this, Digital Single Market will become yet another bureaucratic exercise. KA-3(11): Transpose by 2013 the VAT Directive ensuring equal treatment for eInvoicing with paper invoices. MEO: KA3(11) This is part of a far more complex and large issue, namely gradually replacing paperwork with electronic documents. This is a desirable action in any organization one could name: Government; Education; Health care; Justice; Local administration; Inter – state relationship. In many cases, a document is initially issued in paper form. To circulate it, review, amend etc. multiple copies of the same original are produced and distributed; tracking their circulation throughout an organization, even if small in size, becomes an ordeal, let alone the work required to collect and implement amendments, comments a.o. The alternative of electronic documents relieves the organizations from such burdens and, whenever needed, either a hard copy is made and authenticated or an electronic document endorsed by a proper digital signature is generated. This application can be developed and implemented only in connection with eSignature, eStamp and eBanking, and using strong encryption algorithms.

16

- Key Action 4 -

KA4(12): Review the EU Data Protection Regulatory framework KA4(13): An optional contract law instrument complementing the Consumer Rights Directive; KA4(14): An EU-wide Online Dispute Resolution system for eCommerce transactions; KA4(15): Proposals in the field of Collective Redress; KA4(16): Issue a Code of EU Online Rights; KA4(17): Create a stakeholder platform for EU online Trust Marks; KA4(18): An increased harmonisation of numbering resources for provision of Business Services across Europe; KA4(19): Improve the European Radio Spectrum Policy Programme; KA4(20): Investigate the cost of non-Europe in Telecommunication Markets.

17

ACTIONS

The Commission will: KA4(12): Review the EU data protection regulatory framework with a view to enhancing individuals' confidence and strengthening their rights, by the end of 2010; MEO: KA4(12) This is a MUST. It is obvious that, up to now, despite efforts made by those in charge with disseminating knowledge on data protection and providing lucrative tools to those interested has failed to convince the population at large about the benefits derived from enforcing strict data protection by using the fast developing ICT infrastructure and instruments. The Commission should cooperate with civil society representative associations, organizing a number of Citizen’s Debates Forums mainly in the less developed Member States, presenting the benefits of the ICT technologies and reinforcing the trust of citizens in eServices. Other actions: KA4(13): Propose by 2012 an optional contract law instrument complementing the Consumer Rights Directive to overcome the fragmentation of contract law, in particular as regards the online environment; MEO: KA4(13) We believe in the benefits brought about by transposing into reality this proposal. The consumer is often unaware of existing provisions defending his rights and, given the fragmentation and non-uniformity of the legislation in the field, he/she is unable to defend his/her legitimate rights. Unitary law instruments, widely advertised, would prevent the consumer falling into various traps set, at the boundary of law, by unscrupulous goods or service providers. KA4(14): Explore by 2011, via a Green Paper, initiatives on Consumer Alternative Dispute Resolution in the EU with a view to making proposals for an EU-wide Online Dispute Resolution system for eCommerce transactions by 2012; MEO: KA4(14) Should be accompanied by special IT training programs for the judges of the Commercial Courts and for the referees of the Commercial Disputes Courts with the National Chambers of Commerce and Industry.

KA4(15): Explore proposals in the field of collective redress, based on stakeholder consultation; MEO: KA4(15) Collective redress is a mechanism to seek redress when multiple consumers are harmed by the same or a similar practice of a trader (e.g. by regularly overcharging all their customers). In the EU, 76% of consumers would be more willing to defend their rights in court if they could join together with other consumers. 18

MEO: KA4(15) Putting in place a policy mix of tools which can be either non-binding or binding. The option combines; Promoting collective mediation or arbitration; Recommending to Member States that they allow consumers to bring small mass claims under their small claims procedure: Enabling consumer public authorities who are members of the EU enforcement network to require traders to compensate consumers or to skim off the profit of the traders; Encouraging business to improve complaint handling schemes and raising consumers’ awareness. Proposing a non-binding or binding EU measure to ensure that a judicial collective redress procedure exists in all Member States. This would mean that every consumer throughout the EU would be able to obtain adequate redress in mass cases. EU legal systems are very different from the US legal system, which is the result of a combination of several elements (punitive damages, contingency fees, opt-out, pre-trial discovery procedures etc.). US practice will be not introduced in Europe being inappropriate to EU traditions, generally encouraging a competitiveness culture and not a litigation one. Impact on business: Removing the unfair competitive advantage; Legal certainty; A EU solution will eliminate legal uncertainty with one EU wide system for the Single Market. KA4(16): Issue a Code of EU Online Rights by 2012 that summarises existing digital user rights in the EU in a clear and accessible way, complemented by an annual sweep of breaches of online consumer protection law and appropriate enforcement measures, in coordination with the European Network of Consumer Protection Agencies; MEO: KA4(16) Again, this is a MUST. On one hand, it will become easier to know, understand and properly use existing legislation, some provisions of which might be hidden in unexpected other legislative documents. On the other hand, the production of a Code of EU Online Rights will give the opportunity to account for and critically analyse the domain legislation in full, which would emphasize missing parts, contradicting parts or overlapping parts. THE MAIN PROBLEM: How to best convince the consumers to trust on the Web in order to start using intensively digital services such as online tax payment, car registration, shopping and banking?  European consumer will become a fan of online services only if he will trust the technology he is using.  The need of information about their online rights under EU law is crucial for the success implementation of the program.  In this respect it is the duty of the Commission to set up a.s.a.p. a Code of EU Online Rights informing EU citizens in an understandable manner about their Digital Rights.

19

KA4(17): Create a stakeholder platform by 2012 for EU online trust marks, notably for retail websites. MEO: KA4(17) - This might be one of the best ways to encourage people to use electronic preponderantly facilities as opposed to classical ways of procuring goods and services. People often believe in others’ experience and “good practices” are readily embraced by many. The danger that some villain businesses will intoxicate the public information with biased opinion still exist (see the blogs associated to press releases etc., on which a flood of ill intended comments could contribute by modifying the sense of the initial, genuine piece of information), but this can be fought against by using tight control on the access to trust mark site and processes and verifying opinions which look too far away from a decent average. Anyway, common sense should prevail. ACTIONS

The Commission will: KA4(18): Propose measures for an increased harmonisation of numbering resources for provision of business services across Europe by 2011; MEO: KA4(18) The action is not only desirable, but also needed. Registration will allow easier tracking of those offering business services in an electronic form by using specific protection instruments (electronic signature, secured communication channels, authentication by trusted agencies etc.). KA4(19): On the basis of the European Radio Spectrum Policy Programme, coordinate the technical and regulatory conditions applying to spectrum use and, where necessary, harmonise spectrum bands to create economies of scale in equipment markets and allow consumers to use the same equipment and avail themselves of the same services across the EU. MEO: KA4(19) Following a June decision by Obama Administration in the US to free up its 500 Mhz band as part of its wireless broadband initiative, in November 2009, the Parliament and the Council agreed to modify EU telecoms rules and called on the Commission to propose a multi-annual Radio Spectrum Policy Programme (RSPP). The objective of the programme is to “set out the policy orientations and objectives for the strategic planning and harmonization of the use of radio spectrum”. The EU spectrum policy, to be unveiled today, tells Member States to wind down analogue services to make way for more digital services, thus freeing up bandwidth to higher broadband penetration in rural areas, for example. The policy will also accommodate demand for mobile and wireless services, like satellite positioning system on smart phones. Switching from Analogue to Digital - the Digital Switchover: Brussels proposed to allocate the 790 – 860 MHz sub-band to telecom operators to allow them to exploit the “Digital Dividend”. The 800 MHz band ranks among the most valuable freed frequencies, since it travels long distances and through buildings. 20

MEO: KA4(19)/cont. The EU has laid down two deadlines in its RSPP :  Member States should have completed the transfer from analogue to digital broadcasting by January 2012;  Freed spectrum should be available for wireless services by 2013. In rural and remote areas in particular, wireless and mobile networks will play a fundamental role in bridging the gap between the digital “haves” and “have not”. Those rural areas that are not connected could be the focal point of public funding, but only if it does not distort healthy infrastructure competition. The Commission preference for wireless services has riled some interest groups, who argue that a push for wireless will tip the market in mobile operators’ favour. Actually we can conclude that the EU’s telecom market is not competitive enough. There are fears that the competitive situation will significantly worsen if measures are not take to prevent discriminatory conduct in the delivery of the next-generation services, where current evidence in a number of countries is not encouraging. Our service providers deploy between 100 and 200 Mb speeds throughout Europe. Reaching potentially over 100 Million European households, cable can help achieve 50% of the ”Digital Agenda”. The spectrum enabling high speed mobile broadband should be divided between operators in a fair and pro-competitive manner to ensure choice and affordability in mobile broadband services for consumers. The Commission’s 2013 objective of “Broadband for All” can only be met if satellite plays an integral role: satellite operators are already connecting thousands of users per month to broadband Internet. Satellite operators are also capable of providing 30 Mbps services, if market demand supports it. It is unfortunate that the Broadband Communication did not recognize that only through satellite coverage can these services be extended to all citizens in Europe, a strength which is, by contrast well – recognized in the RSPP Communication. An additional spanner in the works is that of interference – a buzzing noise – on devices. Questions: (1) What constitutes harmful interference? (2) How much of this will hit TV and radio once mobile gets hold of more of their spectrum? Making more and harmonized spectrum available quickly throughout the Union is crucial for mobile broadband. Opening up additional spectrum for mobile broadband services is essential to bridge the Digital Divide and to meet rapidly consumer demand. Considering the growing importance of mobile ICT, Europe should move quickly towards a more market-based approach to spectrum management, with more empowerment of market actors and the introduction of more widespread spectrum trading, and with less national bureaucratic prescription on bandwidth allocation. The Commission must be mindful to protect the interests of the citizens when working with global ICT companies to implement the Digital Agenda, because the interests of European citizens and those of the global ICT companies are not always aligned. As a general principle of policy, the public interest – the "public good" – should have primacy over private and business interests. It is clear that the market alone cannot properly regulate itself for the benefit of the public good. Therefore, a strong regulatory framework is needed to promote the interests of the greater number of citizens, as intended by the 2020 strategy.

21

MEO: KA4(19)/cont. The Commission should take any possible measures to ensure that Member States rigorously enforce the Regulatory Framework for Electronic Communications and that implementation is even, balanced and universal in all 27 member states. Member States should be encouraged by the Commission to assert their national interests in the development and use of trunk-level transmission and switching networks for the achievement of national policy objectives: like closing the broadband gap. This can be achieved by working with Telco’s in Public - Private Partnerships. The European Union should vest responsibility in an appropriate regulatory authority, including members of the European Agency for Fundamental Rights, to implement effectively the Critical Information Infrastructures Protection (CIIP) across the EU.

KA4(20): Conduct by 2011 an investigation into the cost of non-Europe in telecommunication markets to take further measures to reinforce the benefits of the single market. MEO: KA4(20) This seems to be a formidable task, albeit very useful. Non - EU market is very difficult to discover, let alone to evaluate. Globalization of electronic services and the huge and diverse arsenal of tools used by non-EU players can represent major obstacles in bringing to a successful end this project.

22

- Key Action 5 -

KA5(21): Reform the rules on implementation of ICT standards in EU KA5(22): Appropriate rules for essential intellectual property rights and licensing conditions in standard-setting, including for ex-ante disclosure; KA5(23): Link between ICT standardisation and public procurement to help public authorities to use standards to promote efficiency and reduce lock-in; KA5(24): Adopting a European Interoperability Strategy and European Interoperability Framework; KA5(25): Measures to lead significant market players to license Interoperability Information ; KA5(26): Apply the European Inter-operability Framework at national level; KA5(27): Implement commitments on interoperability and standards in the Malmö and Granada Declarations.

23

ACTIONS

The Commission will: KA5(21): As part of the review of EU standardisation policy, propose legal measures on ICT interoperability by 2010 to reform the rules on implementation of ICT standards in Europe to allow use of certain ICT for a home and consortia standards; MEO: KA5(21) PROPOSAL: Regarding the future Procurements for Computer Parts, Peripherals (also including Home Appliances and Real Estate) by Administration, companies and individuals, we should set up and implement a new EU Standard on Energy Consumption and Efficiency (SECE) for ICT hardware, home appliances, also homes and buildings. As EU replica of the US “Energy Star” Joint Program, SECE - as a pure European Extended Program for Energy Efficiency covering the IT&C, home appliances industries including lighting, also domestic, industrial, commercial & office homes and buildings - will allow EU Citizens and Community Business to choose properly their acquisitions in order:  to reduce the overall energy bill;  to protect the Environment through Energy Efficient Products and Practices. The main tasks of SECE will be:  to define new EU power consumption & energy efficiency – standards;  to classify and label according to those new standards, all existing IT&C and home appliances manufacturers, equipments and models. During the development process of SECE, the specialists should take into consideration two major critical factors:  The attempt to bridge the gap between ICT experts and Decision Makers on a political & economic standpoint is in this regard crucial;  The actual amplitude of “Digital Divide” phenomenon at the EU level - the enormous differences between countries inside Europe, despite the fact that WE share the same Legal Framework!

Other actions: KA5(22): Promote appropriate rules for essential intellectual property rights and licensing conditions in standard-setting, including for ex-ante disclosure, in particular through guidelines by 2011; KA5(23): Issue a Communication in 2011 to provide guidance on the link between ICT standardisation and public procurement to help public authorities to use standards to promote efficiency and reduce lock-in. MEO: KA5(23) What can expect different categories of users from SECE, covering the hardware areas of IT&C, home & office appliances industries - incl. lighting, and domestic, industrial, commercial & office real estate and public buildings? SECE for domestic habitations:  Help Citizens to make Energy efficient choices; 24

MEO: KA5(23)/cont. 

Energy efficient choices potentially allows families to save one third of their Energy bill;  Offers tools and resources to individuals looking for major improvements in their homes, reducing the energy bills and increasing home comfort. SECE for Business Community and for Public Authorities:  A strategic approach to Energy Management, saving money on two sides: the bottom line and environment—as typical approaches;  Will also help to measure current energy performance, to set goals and track savings;  Offer a proven energy management strategy; KA5(24): Promote interoperability by adopting in 2010 a European Interoperability Strategy and European Interoperability Framework;

MEO-KA5(24): INTEROPERABILITY is, perhaps, the main issue in effectively implementing the full set of EU policies. Based on guide lines available, the EU Member States have adapted existing systems as to comply with EU recommendations and regulations. However, given the large spectrum of such systems, extreme diversity in economic power, culture and traditions and based on the need to keep restrictions to a minimum, the interoperability issue has been left so far as a rather second priority preoccupation. With the expansion of the freedom of movement, the effective materialization of the possibility of any EU citizen to seek employment anywhere within the community, it became evident that some sectors and services suffer from the lack of proper interoperability strategy and cannot operate in the proper manner. Healthcare and education systems are two obvious examples. Consequently, adoption of an Interoperability Strategy at European level will represent a great leap forward towards not only speaking about a united Europe, but also fully enjoying the benefits emerging from this reality.

KA5(25): Examine the feasibility of measures that could lead significant market players to license interoperability information to report by 2012. MEO: KA5(25) This matter is in tight connection to the previous point. Licensing interoperability cannot be governed only by market and competition forces; the minimal requirements provided in the Interoperability Strategy adopted by all member states is the solid background on which licensing interoperability could be performed. Consequently, adoption of an Interoperability Strategy at European level will represent a great leap forward towards not only speaking about a united Europe, but also fully enjoying the benefits emerging from this reality.

25

Member States should: KA5(26): Apply the European Interoperability Framework at national level by 2013; MEO: KA5(26) The need is too obvious to require further comments. Once a strategy in the field is approved, several frameworks (meant to accommodate the diversity of economic development and cultural specificities exhibited by the member states) shall be recommended and each state will be in a better position to choose what it suits best local conditions, WITHOUT conflicting with EU adopted regulations concerning Interoperability Defining a set of recommendations and guidelines for eGovernment services so that public administrations, enterprises and citizens can interact across borders, The European Interoperability Framework (EIF – 2004) established that the following principles, of a general nature, should be considered for any eGovernment services to be set up at a pan-European level:  Accessibility;  Multilingualism;  Security;  Privacy;  Subsidiarity;  Use of Open Standards;  Assess the benefits of Open Source Software;  Use of Multilateral Solutions; Version 2 of the EIF is currently the subject of a political debate, where main technology/commercial issues relate to the role of lobbying for proprietary software; What are we expecting from EIF v2: To serve as the basis for European seamless interoperability in public services delivery thereby providing better public services at EU level; To support the delivery of pan-European eGovernment services by furthering cross-border and cross-sector interoperability; To supplement the various National Interoperability Frameworks in the panEuropean dimension; Further non-technology obstacles that stand in the way of greater EIF adoption include the facts that EU Member States currently differ widely in terms of: Scope of Government - services provided, degree of state ownership of businesses, scale of armed forces, police and border control operations; Structure of Government - central/local government balance, what departments exist, how departments interact; Citizen / State Interaction models - processes related to key life events Structure of Government - central/local government balance, what departments exist, how departments interact; Use of Open Standards; Assess the benefits of Open Source Software; Use of Multilateral Solutions;

26

MEO: KA5(26)/cont. Speaking from an eGovernment perspective, INTEROPERABILITY refers to the collaboration ability of cross-border services for citizens, businesses and public administrations. Exchanging data can be a challenge due to language barriers, different specifications of formats and varieties of categorizations. Many more hindrances can be identified. Hence eGovernment applications need to exchange data in a semantically interoperable manner. This saves time and money and reduces sources of errors. Fields of practical use are found in every policy area, be it justice, trade or participation etc. Clear concepts of interpretation patterns are required. All the organizations dedicated to interoperability have in common that they want to push the development of the World Wide Web towards the semantic web. Some concentrate on eGovernment, eBusiness or data exchange in general. In Europe, for instance, the European Commission and its IDABC programme issue the European Interoperability Framework. They also initiated the Semantic Interoperability Centre Europe (SEMIC.EU). A European Land Information Service (EULIS) was established in 2006, as a consortium of European National Land Registers. The aim of the service is to establish a single portal through which customers are provided with access to information about individual properties, about land and property registration services, and about the associated legal environment.

KA5(27): Implement commitments on interoperability and standards in the Malmö and Granada Declarations by 2013. MEO: KA5(27) - This action could be taken ONLY after all EU member states participated in the process of generating and adopting a common Interoperability Strategy, detailed by sectors of activity, had the choice of framework best applicable in a specific country and, henceforth can commit themselves to implement the provisions of the interoperability strategy and emerging standards MALMO Ministerial Declaration on e-Government (18 November 2009) – main aspects: (1) Joint Vision and Policy Priorities for 2015; (2) Mobility in the Single Market reinforced by seamless eGovernment services for the setting up and running of a business and for studying, working, residing and retiring anywhere in the European Union; (3) Efficiency and effectiveness is enabled by a constant effort to use eGovernment to reduce the administrative burden, improve organizational processes and promote a sustainable lowcarbon economy; (4) The implementation of the policy priorities made possible by appropriate key enablers and legal and technical preconditions; (5) Joint Governance and Implementation of the Policy Priorities. GRANADA Ministerial Declaration on The European Digital Agenda (19 April 2010) – main subjects included: (1) Infrastructures; (2) Advanced use of the Open Internet, Security and Trust; (3) Digital User Rights; (4) Digital Single Market; (5) Public Digital Services; (6) Strengthening the Competitiveness of Europe's ICT sector; (7) International dimension of the Digital Agenda; (8) Benchmarking. The commitments on INTEROPERABILITY and STANDARDS perfectly fit both Declarations, as basic modules supporting the reinforcement of the Mobility in the Single Market by seamless eGovernment services for the setting up and running of a business and for studying, working, residing and retiring anywhere in the European Union. 27

Integrating these two modern eTools into the complex construction supporting the success of both targeted Shared Objectives by 2015 and Digital Agenda, Citizens and businesses will reach a better understanding and a high level of practical skills regarding the large portfolio of eGovernment services designed around users’ needs and developed in collaboration with third parties, as well as an increased access to public information, strengthening transparency and effective means for involvement of stakeholders in the policy process.

28

- Key Action 6 -

KA6(28): Measures aiming at a reinforced and high level Network and Information Security Policy - including: Legislative initiatives such as a modernised European Network and Information Security Agency (ENISA); Measures allowing faster reactions in the event of Cyber Attacks, including a CERT for the EU institutions. 29

ACTIONS

The Commission will: KA6(28): Present in 2010 measures aiming at a reinforced and high level Network and Information Security Policy, including legislative initiatives such as a modernised European Network and Information Security Agency (ENISA), and measures allowing faster reactions in the event of cyber attacks, including a CERT for the EU institutions; MEO: KA6(28) EU can successful approach a high level of cyber security based on a common framework only through close co-ordination and co-operation of both public and private sector, i.e. governments and industry. Moreover, an increasing number of services are available online for consumers, service providers, governments; they all expect online services to be available securely, at all times, in all places. The citizens need to trust governments in order for them to create an effective legal framework and to guarantee legal protection against data theft, as an ante-condition to use eServices, including eCommerce, eBanking etc. This includes a perfectly functioning communications infrastructure to support the demands of the Digital Society. Moreover, the service and infrastructure components will need to actively cooperate to provide a reliable environment for increasingly complex, interdependent and mashed-up services. We can not develop high quality IT systems and infrastructure without having globally applicable standards and easy-to-implement procedures. The wish of enhancing NIS can be obtained only by promoting the best practices and by raising the affordability of Internet technologies within the public-at-large, avoiding any discrimination. ICT is the backbone of both the European economy and its society. Securing Europe’s CII as well as its systems is vital to facilitate the smooth functioning of the Internal Market and to create a culture of NIS in Europe and globally. Recently the Agency identified the most five relevant research areas of network and information security within the next three to five years: cloud computing; real-time detection and diagnosis systems; future wireless networks; sensor networks; supply chain integrity. ENISA should continue its efforts in assisting the European Commission to develop a solid approach in CIIP, undertaking a number of new important tasks related to: Establishment of a Pan European Forum on Good Practices Exchanges; Establishment of a strategic Public Private Partnership for Resilience; Development of national CERT capabilities; Planning and execution of the first pan European Exercise. Recently the Agency has produced 20 recommendations to different target audiences, e.g.: Member States should establish a national information sharing platform and co-operate with other Member States and Allies; Private sector should be more transparent in sharing information, improve preparedness measures based on information exchanged;

30

MEO: KA6(28)/cont. Research and Academia should quantify the benefits and costs of participating in platforms; undertaking case-study research into where attacks might have been prevented, or their impact lessened; The EU Institutions and ENISA should establish a pan European information sharing platform for Member States and private stakeholders. The EU Commission’s European Public - Private Partnership for Resilience (EP3R) is the main policy initiative in this area.

31

- Key Action 7 -

KA7(29):

Measures aiming at a reinforced and high level Network and Information Security Policy including: Legislative initiatives such as a modernised European Network and Information Security Agency (ENISA); Measures allowing faster reactions in the event of cyber attacks, including a CERT for the EU institutions.

32

KA7(29):

Present measures, including legislative initiatives, to combat cyber attack against information systems by 2010, and related rules on jurisdiction in cyberspace at European and international levels by 2013;

MEO: KA7(29) Ref. Critical / weak aspects of actual situation and the threats of large-scale cyber-attacks on CII – GENERAL RECOMMENDATIONS : To speed up the implementation of “Five Pillar Action Plan”: 1. preparedness and prevention: to ensure preparedness at all levels; 2. detection and response: to provide adequate early warning mechanisms and to minimize the counter - reaction time; 3. mitigation and recovery: to reinforce EU defence mechanisms for CII’s; 4. international cooperation: to promote EU priorities internationally; 5. criteria for the ICT sector: to support the implementation of the Directive on the identification and designation of EU CII; Every Member State should have an organisation whose job it is to inform, educate and support the SME sector on issues regarding cyber security. The large firms can easily acquire the knowledge they need, but SME’s need support. EU should appoint an official with responsibility, and sufficient power, to implement effective protection for CII across the EU. All Member States should permanently act in order to improve the professional performances of the Computer Emergency Response Team (CERT) affiliated with EU Governmental Emergency Response Teams Group (EGC) The Commission should accelerate its work on the establishment of the European Public Private Partnership for Resilience (EP3R) and integrate it with the work of ENISA & EGC. Risk Management Best Practice should be the driver of the CIIP policy at all levels. In particular, potential cost of security and resilience failures should be quantified and made known to the relevant responsible stakeholders. Financial and other penalties should be imposed on stakeholders who fail to fulfil their responsibilities under a CIIP policy, proportionate to risk and cost of system failures due to their negligence.

MEO - PROPOSALS ON KA6&7: Although many EU countries may already have multiple security solutions in place, proper risk assessment may require the help of an experienced partner – a EU high – mobility CYBER COUNTER – ATTACK SPECIAL TASK FORCE including top - level experts with proven expertise in securing government environments. The need to BUILD UP TO OUR EXPERTS CYBER-ATTACK SKILLS because if they will know how to attack, we’ll obtain a major improvement of our defense because the way of operation used by the terrorist will look familiar to our technicians. WE SHOULD CHANGE THE CURRENT TRAINING DEVELOPING OUR EXPERTS ONLY AS DEFENDERS!

METHOD

BROADEN THE USE OF VIRTUAL PRIVATE NETWORKS (VPNS) – reduce mobile users’ exposure to eavesdropping at Wi-Fi hotspots by implementing a VPN, which allows 33 secure network accessibility for remote access and mobile computing.

MEO - PROPOSALS ON KA6&7/cont. BROADEN THE USE OF VIRTUAL PRIVATE NETWORKS (VPNS) – reduce mobile users’ exposure to eavesdropping at Wi-Fi hotspots by implementing a VPN, which allows secure network accessibility for remote access and mobile computing. CONTINUE TO USE DATA ENCRYPTION – avoiding the nightmare of handling the expiring keys and/or when employees leave or recovering keys and/or when users forget their passcode key information, maintaining strong encryption mechanisms is a must. The Governments should pay a SPECIAL ATTENTION DURING THE POLITICAL CAMPAIGNS, mainly because the increasing reliance of political campaigns on web sites for fundraising and organizing opens the door to serious security risks, including:  Diversion of online campaign donations or donor information;  Web site hacking to present misinformation about candidates’ positions and conduct;  Crashing of Web site at a crucial time. ANY CYBER-ATTACK AGAINST EU, NATO AND ALLIED COUNTRIES SHOULD BE PUNISHED!  EU and US should sign a common declaration, warning the Cyber Terrorists that: “IN THE CASE OF A CYBER ATTACK AGAINST THEM OR AGAINST THEIR ALLIES, THE RESPONSES WILL BE NOT LIMITED TO THE CYBER DOMAIN AND CAN ALSO INCLUDE STRONG MILITARY PUNISHING ACTIONS“! Other actions: KA7(30): Establish a European Cybercrime Platform by 2012; MEO: KA7(30) It might be possible. However, there are great chances that it will consist of merely documents without proper instruments to contain cybercrime. Cybercrime is nowadays close to perfection, the variety of means employed overtakes the most vivid imagination. It is, virtually, impossible to predict the occurrence and characteristics of new cybercrime attacks in order to prevent them. By consequence, the main role of the European Cybercrime Platform would be that of LIMITING the damage produced by an attack and, at the same time, elaborating arms to prevent occurrence of the SAME KIND OF ATTACK in the future. Even the most accurate and effective intelligence surveillance and activity cannot efficiently prevent the launching of cybercrime attacks not previously encountered. Some main aspects concerning the above-mentioned criminal activities: The organized crime is a very flexible phenomenon. It would “always go where the money is and the least risk”. This would require a flexible approach to the new trends, including large – scale use of Cyber Crime methods. As regards money laundering, there is a need to differentiate between acts of money laundering committed by organized crime groups and those committed by individuals or companies. Concerning the area of counterfeiting and product piracy, we should outline the importance of these areas, because it is first of all up to the trademark and copyright owners to protect their rights through preventive measures. Thus, national, European and international professional associations could supervise markets and new trends in counterfeiting and piracy by creating databases or cooperating with public authorities. This practice could be extended also to other public bodies, like customs authorities, police etc. I want to outline 34 also the importance of training measures and of information campaigns.

MEO: KA7(30)/cont. The issue of companies as victims of Cyber Crime had become a growing concern among stakeholders. Whilst “good management” had recognized the need for effective in-house fraud prevention through more accountability and transparency using ICT methods in order to limit the reputation damage, many small and medium-sized enterprises still did not have any anti-fraud mechanisms in place. Others are concerned rather about profit making than expensive crime prevention. Also, there is a trend only to comply with lawimposed action such as in the field of money laundering. Voluntary measures on the other hand in the field of fraud prevention are still perceived like as a nonvalue cost. FOR A BETTER UNDERSTANDING – SUPPORTING KA6 AND KA7: To fight Cyber Crime first of all it is necessary to identify the sectoral types of economic and financial crime generating an exponential growth of this phenomenon. Without implying any order of priority, we should examine the following clusters of crime, being organized or non-organized: Corruption; Fraud, notably with regard to product counterfeiting and piracy and the fraudulent use of non-cash means of payment; Theft in the area of intellectual property; Money laundering; Other major Cyber Crime issues. According with the same recent studies, corporate organizations did not want to share their bad experience because of fear for their reputation. Surprisingly, two thirds of crime-affected companies did not see the need to change their control procedures, which had apparently failed. Therefore, it proved difficult to persuade companies to introduce additional fraud prevention techniques. Cyber Crime issues turned out to be an ever-growing concern for the companies. Concerning Data Protection, we should highlight that a balanced approach of respecting these rules on the one hand and allowing data collection for investigative and preventive purposes would be indispensable. As regards the need to respect legitimate interests of private sector, we are obliged to take into account the fact that some professional groups are not determined by profit making. Also, the specificities of all independent professions should be respected. The business community should be strongly recognized as a partner in Cyber Crime prevention, working voluntarily mainly in three directions: applying business security practice and principles; issuing self-regulation in each commercial sector; adopting selfregulation code in a single corporation, which means an internal compliance system with ethical guidelines and control. More and more companies had to deal with infiltration of illicit activities and to face the penetration of their IT systems by intruders - on the one hand and the higher expectation of the consumers and of the public opinion - on the other hand, to provide not only quality goods and services, but also to do this in a sustainable and 35 ethical way. The private sector should try to meet these new trends with selfregulation mainly.

 The need to improve the co-operation between all actors concerned, users and consumers, industry and law enforcement;  the need for ongoing industry and community – led initiatives. My proposal is referring to the acceptance by consensus of the General Principles which can be applied successfully for all the sectors under the Cyber Crime threats - as guidelines for the future activity. Briefly, we should impose to all in-charge players and potential victim – authorities, companies or individuals - the need to respect: 1. the rights and freedoms of individuals 2. the applicable data protection rules 3. competition and public procurements rules 4. the legitimate interests of the industries and services involved 5. the rights and obligations of independent professions 6. the duties and competencies of the interest public authorities, in particular law enforcement and public regulatory and control bodies. Also, the need: 1. to have a fair share of responsibilities between public authorities and private sector in the implementation of crime prevention schemes 2. for partnerships based on voluntary approaches allowing for regular assessment of commitments and of results achieved with a view to permitting adjustments.

KA7(31): Examine the feasibility by 2011 to create a European Cybercrime Centre;

MEO: KA7(31) - Please see also the next remarks on the KA7(30…33) It might be possible to examine, by 2011, the feasibility and issue directions to be followed to build an European Cybercrime Centre. In my opinion, the time is too short and the actors are insufficiently prepared to have, indeed, such a Centre fully operational in 2011!

MEO: KA7(30…33) - PROPOSAL FOR A NEW KEY ACTION There are more and more complex crimes through computers and these threats represents an incredible challenge for law enforcement. Actually can be defined 3 large components: Cyber Crime, which is somebody using a computer to commit crime, to make money, to commit fraud or murder. Cyber-terrorism, which would be terrorists using computers to attack, to bring down the electrical grid, to attack air traffic control, those kinds of things. Information warfare – the most interesting, creative and difficult out of three. US and the European Union are the world's biggest targets. Nobody knows how much was lost, the estimation varying around hundreds of billions, which is probably pretty reasonable. Unfortunately, the Businesses won't report it and, generally speaking, nobody wants to talk about it. It's a major problem. We can't solve it on our own and we need to try to get other countries worldwide on board with us because it's international. In Cyber Crime, borders don't count! 36

Internet-related crime, like any other crime, should be reported to appropriate law enforcement investigative authorities at the local, national and Community levels, depending on the scope of the crime. It is the duty of the Commission to set-up a dedicated entity at the Union level – as part of ENISA or as an independent unit giving the victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. For law enforcement and regulatory agencies at the Community, national and local level, this unit should represent the central referral mechanism for complaints involving Internet related crimes in EU space.  Each of National Law Reinforcement Agencies acting in the area of Cybercrime should have offices conveniently located country – wide, to which crimes may be reported. Contact information regarding local and national offices should be found in local telephone directories. In general, cyber crime may be reported to the local office of the national law enforcement agency by using a telephone hotline and by requesting the "Duty Complaint Agent". Depending on the scope and the amplitude of crime, the citizens can also directly report to National Alert Platform or to Community Call Center by using dedicated public hotlines.  In this respect, the Commission should create a new independent entity - “The EU Internet Crime Complaint Center - EU-IC3”- the Community Central Focal Point, including the EU - level Central Calling Center - based on the partnership between the Member States’ Law Reinforcement Agencies acting in the area of cyber crime and hierarchically placed under the authority of the Commission as an independent unit. In this respect the EU-IC3 should include in his structure a high – mobility EU Task Force for rapid reaction and countermeasures against reported major threats.  EU-IC3's mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime, having also the capabilities to take active measures to neutralize and eliminate the reported threats. The EU-IC3 gives the victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. For law enforcement and regulatory agencies at the Community, member state, and local level, IC3 provides a central referral mechanism for complaints involving Internet - related crimes.  KA7(32): Work with global stakeholders notably to strengthen global risk management in the digital and in the physical sphere and conduct internationally coordinated targeted actions against computer-based crime and security attacks; MEO: KA7(32) An obvious need. It will be difficult to select the partners, given that interests are sometimes diverging and the objectives might not necessarily be given the same priority. Not all countries outside the EU, although victims of Cybercrime, are willing to commit themselves to an all-out war against this plague. If strong and resourceful potential partners (in this particular domain of interest), such as Russia, China, India do not want to participate in the initiative, the task accomplishment will encounter major obstacles. On 17 September 2010, US has urged the EU to make Cyber Security a larger priority as Washington begins to up the ante on its own defences. Basic reasons: 37

The US military services face over 100 threats a day; The Transatlantic partners should revive their Cold War alliance in fending off threats to network security in the Western world; MEO: KA7(32)/cont. NATO should build a Cyber Shield to protect the Transatlantic Alliance from network threats, in particular threats to its military and economic resources; The US recently devised a new strategy to tackle threats which would try to monitor and track down network intruders and retaliate more quickly and effectively; Threats are usually manifested in malware attached to innocuous-looking files; The networks are the country’s fifth domain of warfare after land, sea, air and space; The possible outcomes of a cyber attack could range from the crashing an entire country’s electricity grids to the infection of high-tech military equipment According with the Commission, the cost of cybercrime in the EU reached the value of Euro 750 Bn annually, vastly exceeding drug trafficking and is equivalent to 1% of global GDP. According with the Convention on Cybercrime adopted in 2001 by the Council of Europe, the EU countries could adopt a common position on practical issues such as blocking IP addresses and revoking domain names. Though Cyber Security has been more of a peripheral issue in the EU, recently policymakers have begun work on beefing up the bloc’s resources to fight possible attacks. In April 2010, EU ministers meeting in Luxembourg asked the Commission to “assess the feasibility” of setting up a single centre on cybercrime to pool Member States’ efforts and resources to fight Internet crime. Though network insecurity is commonly understood as a national security threat, academic and experts have been urging policymakers that cyber warfare does not know national borders. I highly appreciate and fully support the proposal of Prof. John Howorth from UK – quote: “EU SHOULD ESTABLISH (1) A EUROPEAN SECURITY COUNCIL, (2) A FORMAL COUNCIL OF DEFENCE MINISTERS, (3) A EUROPEAN WHITE BOOK ON SECURITY AND DEFENCE AND (4) AN INTEGRATED INTELLIGENCE AGENCY” – end of quote.

KA7(33): Support EU-wide cyber-security preparedness exercises, from 2010; MEO: KA7(33) Actually there is a critical need of information exchange on how Member States handle ICT incidents at national level and how they are protecting the CII. Moreover, the experts should define in a rigorous way what a Pan - European approach to a CIIP crisis management could be. The first Pan - European Exercise on CIIP in accordance with Tallinn Ministerial Declaration will represent a major step forward in this critical domain. The most important details of the exercise are referring to: (1) the establishment of the final list of events in the scenario, (2) the monitoring and evaluation, (3) the 38

technical implementation and (4) the efficiency of the tools the ENISA has at its disposal.

KA7(34): As part of the modernisation of the EU personal data protection regulatory framework to make it more coherent and legally certain, explore the extension of security breach notification provisions; MEO: KA7(34) - This point, as well as the next three, requires a massive campaign to better inform the public about their rights concerning privacy. This notion does not encompass bank accounts or life within family. It also concerns information about visited sites, habits and routines used when searching the net. Many features embedded in the cookies so often infiltrated in the software represent genuine invasion into a person’s privacy. Another aspect on which attention is to be focused is the employers’ tendency to expand supervision of employers at work, under the cover that, while at work, employees’ activity should be dedicated exclusively to the purpose. Regulations should be issued related to the use of cameras, microphones, authentication etc. at work. Only after the ordinary citizens know and understand their rights and what are the possible dangers and ways of infringing with their security breach notifications acquire meaning and substance. KA7(35): Give guidance by 2011 for the implementation of new Telecoms Framework with regard to the protection of individuals' privacy and personal data; MEO: KA7(35) In line with the periodic review by the Commission of the functioning of the five directives comprising the existing regulatory framework for electronic communications networks and services, in order to establish the need for modification in the light of technological and market developments. The competent national authorities should promote the interests of citizens by ensuring a high level of protection of personal data and privacy. To this end, competent national authorities should have the necessary means to perform their duties, including comprehensive and reliable data about security incidents that have led to the personal data of individuals being compromised. Providers should therefore maintain an inventory of personal data breaches to enable further analysis and evaluation by the competent national authorities. Software that surreptitiously monitors the actions of the user or subverts the operation of the user’s terminal equipment to the benefit of a third party (spyware) poses a serious threat to the privacy of users, as do viruses. A high and equal level of protection of the private sphere of users needs to be ensured, regardless of whether unwanted spying programmes or viruses are inadvertently downloaded via electronic communications networks or are delivered and installed in software distributed on other external data storage media, such as CDs, CD-ROMs or USB keys. Member States should encourage the provision of information to end-users about available precautions, and should encourage them to take the necessary steps to protect their terminal equipment against viruses and spyware. The implementation and enforcement of the provisions of the document often require cooperation between the national regulatory authorities of two or more Member States, 39 for example in combating cross-border spam and spyware. Such procedures will also allow the resulting obligations of market actors to be harmonised, contributing to the creation of a level playing field in the Community.

MEO: KA7(35)/cont. Technological progress allows the development of new applications based on devices for data collection and identification, which could be contactless devices using radio frequencies. For example, the wide use of RFIDs can bring considerable economic and social benefit and thus make a powerful contribution to the internal market, if their use is acceptable to citizens. It is necessary to ensure that all fundamental rights of individuals, including the right to privacy and data protection, are safeguarded. When RFID devices are connected to publicly available electronic communications networks or make use of electronic communications services as a basic infrastructure, the relevant provisions of Directive on privacy and electronic communications, including those on security, traffic and location data and on confidentiality, should apply. Support reporting points for illegal content online (hotlines) and awareness campaigns on online safety for children run at national level and enhance pan-European cooperation and sharing of best practice in this field. The new Act includes major Amendments to the Directive on privacy and electronic communications – as:  A precise and rigorous definition of the main tasks of the Directive:  To provide the required level of harmonisation of the national provisions;  To ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector;  To ensure the free movement of such data and of electronic communication equipment and services in the Community;  Ref. ‘Security of processing’, new specifications was included with respect to the processing of personal data:  To follow closely the use of IP addresses with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC.  Ensure that personal data can be accessed only by authorised personnel for legally authorised purposes;  Protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, and unauthorised or unlawful storage, processing, access or disclosure;  Ensure the implementation of a security policy with respect to the processing of personal data.

KA7(36):

Support reporting points for illegal content online (hotlines) and awareness campaigns on online safety for children run at national level and enhance pan-European cooperation and sharing of best practice in this field;

MEO (KA7-36): Please see Remarks on KA7(30…33).

40

KA7(37): Foster multi-stakeholder dialogue and self-regulation of European and global service providers (e.g. social networking platforms, mobile communications providers), especially as regards use of their services by minors.

MEO: KA7(37) - A lot of abuse is committed under the need to properly defend national security or to protect private property. Surveillance of all kind, gathering information while almost breaching legal provisions represent threats to freedom and democracy which should be subject to counteraction, including the domains within the scope of the Digital Agenda.

Member States should: KA7(38): Establish by 2012 a well-functioning network of CERTs at national level covering all of Europe; MEO: KA7(38) - CERTs (CSIRTs, IRTs, other kinds of the CERT teams) CERT stands for Computer Emergency Response Team. There exist various abbreviations for the same sort of teams: • CERT or CERT/CC (Computer Emergency Response Team / Coordination Centre) • CSIRT (Computer Security Incident Response Team) • IRT (Incident Response Team) • CIRT (Computer Incident Response Team) • SERT (Security Emergency Response Team) Recently the experts has warned that a broad array of network equipment used on the Internet -- including switches, routers, hubs, printers and operating systems -may be vulnerable to an SNMP-related attack that could cause equipment to fail or allow an attacker to take control of it.  The problem relates to half-dozen vulnerabilities discovered in Simple Network Management Protocol (SNMP) v1, a fundamental IP-based protocol for managing networks. The vulnerabilities, reveal precisely how SNMPv1, which is widely used by the network industry, can be exploited to disrupt systems through a denial-of-service attack or to allow a hacker to gain control of equipment.  Attackers could exploit technical weaknesses related to six classes of vulnerability -- overflow exceptions, format-string exceptions, bit-pattern exceptions, basic encoding rules, missing symbol exceptions and integral-value exceptions -- to knock equipment offline or gain control of it.

KA7(39): In cooperation with the Commission carry out large scale attack simulation and test mitigation strategies as of 2010; 41

MEO: KA7(39) - In order to be successful, such simulations should be well prepared. An essential element to be considered is the level of the infrastructure development and adequacy in each participant country. Such attacks are likely to be directed towards countries which have created and are currently in operation large and complex informatics systems. By no means the economic implications of such simulations (in terms of human resources, money and ICT infrastructure) should be overlooked. KA7(40): Fully implement hotlines for reporting offensive or harmful online content, organise awareness raising campaigns on online safety for children, and offer teaching online safety in schools, and encourage providers of online services to implement self-regulatory measures regarding online safety for children by 2013; MEO: KA7(40) Unless these hotlines are properly organized, with adequate measures to prevent hoax calls, the use of hotlines might be not as beneficial as theoretically possible. Failure in securing success in this action could disappoint bona fide users and compromise the effort. KA7(41): Set up or adapt national alert platforms to the Europol Cybercrime platform, by 2012, starting in 2010. MEO: KA7(41) I have doubts regarding the start of Platform in 2010 (unless we speak about a formal start), since such action needs preparation at EU level (the discussion about the need for interoperability should not be set aside).

42

- Key Action 8 -

Key Action 8 (42): Adopt a Broadband Communication that lays out a common framework to meet the Europe 2020 broadband targets, including:  Reinforce and rationalise the funding of highspeed broadband.  Attract capital for broadband investments through credit enhancement (backed by the EIB and EU funds).  Set up “European Spectrum Policy Programme”.  Encourage investment in competitive NGA networks.  Develop and make operational National Broadband Plans.  Use fully the Structural and Rural Development Funds.

43

ACTIONS

The Commission will:

Key Action 8: KA8(42): Adopt in 2010 a Broadband Communication that lays out a common framework for actions at EU and Member State to meet the Europe 2020 broadband targets, including: MEO: KA8(42) – The major ideas to be included, imposed by the international practices: Open a wireless broadband pipe to each individual home after clearing spectrum currently used by UHF-TV stations and dedicating it to wireless broadband. Encourage fibre to the home A comprehensive broadband plan for EU would copy the successes in Korea, Japan and elsewhere that were based on modest but effective government support to national communications companies, so as to create effective business cases for deploying fibre to homes. Wireless broadband is not the only solution to putting all of EU on a ubiquitous broadband network fiber ought to be part of the network as well. Establish an inter-carrier transfer plan Foster media diversity Introduce spectrum reform A great failing of the current situation is its inability to translate the basic principles into rules. For example, spectrum should be freely transferable, unlimited in its use and widely available in both licensed and unlicensed formats. Develop an international agenda Reconcile programming access Currently, different distribution systems have different obligations and rights with respect to programming. Given the competition that stems from convergence, the Commission should reconcile the different regulatory regimes under a paradigm of neutrality. Reform Universal Service Outline public interest. Introduce management reform KA8(43): Reinforce and rationalise, in this framework, the funding of high-speed broadband through EU instruments (e.g. ERDF, ERDP, EAFRD, TEN, CIP) by 2014 and explore how to attract capital for broadband investments through credit enhancement (backed by the EIB and EU funds); MEO: KA8( 42 & 43) Ubiquitous high-speed connectivity must be included within the scope of the Universal Service definition. All citizens in the Union should have the legal right to access, at affordable prices, fast Internet connections as soon as possible. EU 44

businesses can’t continue to compete against Asian businesses with Internet 100 times faster than our own. The key concerns of broadband users are bandwidth, ease-of-use and security. Legal right and resonable prices are somewhat contradicting issues in a free market economy. The reasonable price can be achieved only as result of mass use of Internet and as result of a fair competition based on openness, transparency, fairness, quality of service. This service should be offered to the Citizens anytime and anywhere inside the EU territory and legally guaranteed by a European Directive promoted by the Commission and adopted by the European Parliament and by the Council of the European Union, declaring the people’s right to access Internet as the second Universal Service in the ICT area. To speed up the evaluation and the financing of the best proposals, the Commission should evaluate the opportunity to set up a “Joint Evaluation & Support Team” including experts of DG “INFSO”, EIB and independents, having as main task the reduction of the implementation period of the best projects. KA8(44):

Propose an ambitious European Spectrum Policy Programme in 2010 decision by the European Parliament and the Council that will create a ordinated and strategic spectrum policy at EU level in order increase efficiency of radio spectrum management and maximise the benefits consumers and industry;

for cothe for

MEO: KA8(44) Considering the growing importance of mobile ICT, Europe should move quickly towards a more Market-based Approach to Spectrum Management, with more empowerment of market players and the introduction of more widespread spectrum trading, and with less national bureaucratic prescription on bandwidth allocation. The Commission must be mindful to protect the interests of the citizens when working with global ICT companies to implement the Digital Agenda, because the interests of European citizens and those of the global ICT companies are not always aligned. As a general principle of policy, the public interest – the "Public Good" – should have primacy over private and business interests. It is clear that the market alone cannot properly regulate itself for the benefit of the public good. Therefore, a strong regulatory framework is needed to promote the interests of the greater number of citizens, as intended by the 2020 strategy. The Commission should take any possible measures to ensure that Member States rigorously enforce the regulatory framework for electronic Communications and that implementation is even, balanced and universal in all 27 member states. The European Union should vest responsibility in an appropriate regulatory authority, including members of the European Agency for Fundamental Rights, to implement effectively the Critical Information Infrastructures Protection (CIIP) across the EU. 45

The new, five-year Radio Spectrum Policy Programme (RSPP), aimed at harmonising the use of frequencies across EU, which proposes opening up the valued 800 MHz band currently used by broadcasters for wireless broadband operators, which is being freed up by switching to digital TV.

MEO: KA8(44)/cont. In practice, however, the Commission's ultimatum can do little to change frequency allocation plans because harmonization is a taboo word when it comes to radio frequencies and the approval of MS is still essential to push through binding measures on the matter. Note: Germany is the only EU country so far to make the broadcast spectrum available for mobile broadband. Airwaves auction were held in May, with Deutsche Telekom and Vodafone acquiring many of the new radio frequencies. SPECIAL REMARKS: In other countries, the entrenched interests of national politicians and public broadcasters represent a powerful opposition lobby against the use of spectrum for purposes other than broadcasting. The Commission should pay a special attention to the case of Italy, where all bidders for the freed frequencies are at present exclusively broadcasters, not Internet service providers. KA8(45): Issue a Recommendation in 2010 to encourage investment in competitive Next Generation Access networks through clear and effective regulatory measures. MEO: KA8(45) In order to boost growth in the sector, the European Commission should focus on promoting the roll-out of new high – speed, Next Generation Access Networks based on optical fibre and / or new wireless technologies such as WiMax—602.16a and UWB - 802.15.3a. Recommendations:  Implementing the Broadband ladder of investment (i.e. local loop unbundling and bit-stream access);  Ensuring competitive access across the spectrum;  Promoting wireless development for large - area coverage. Create financial facilities in order to attract investors in PPP arrangements.  Unfortunately, opposition to the plans already looks strong. The incumbent operators that have invested in new fiber-based networks warn that the proposal would give competitors easy access to their infrastructure. This would stifle investment in the sector, according to ETNO.  New operators, represented by the European Competitive Telecommunication Association (ECTA), sent the opposite warning, because accessing networks may end up being too costly if European regulators are unable to impose the right price. ECTA stressed that this ability will remain within the competence of national authorities. 46

The deployment of Next - Generation Networks (NGNs) will further reduce Telcos' energy consumption, whereas the real threats are represented by services and applications which rely on new infrastructure. Member States should: KA8(46): Develop and make operational national broadband plans by 2012 that meet the coverage and speed and take-up targets defined in Europe 2020, using public financing in line with EU competition and state aid rules. The Commission will report annually on progress as part of the Digital Agenda governance. MEO: KA8(46) The Broadband Strategy recognises the role of national and public authorities in order to co-ordinate investors and to give a clear understanding when and where the market will rely on competing infrastructures, where it will be a single commercially deployed infrastructure and where public finance may be available. Calling for Member States to develop a national broadband plan is the key to making this a reality. The Broadband Communication that sets out a coherent framework for meeting the Digital Agenda's broadband targets and, in particular, outlines how best to encourage public and private investment in fast and ultra-fast broadband networks. The EU Member States should:  introduce operational broadband plans for high and ultra high speed networks with concrete implementing measures;  provide guidance on how to cut investment costs,  indicate how public authorities may support broadband investment, including making better use EU funds. As a must, the broadband strategy should emphasize and recognise the role of public authorities in order to co-ordinate investors. PROPOSAL: Following the NZ success story, the Commission should take the initiative to set up “The EU Broadband Fund”, having as shareholders the EIB, EUROFOUND and all Member States, as a financing tool supporting the technological efforts at national level.

KA8(47): Take measures, including legal provisions, to facilitate broadband investment, such as making sure that civil engineering works systematically involve potential investors, clearing rights of way, mapping available passive infrastructure suitable for cabling and upgrading in-building wiring;

MEO: KA8(47) The Broadband Communication in particular should outline how best to encourage public and private investment in fast and ultra-fast broadband networks, including large – scale use of PPP arrangements.. The European Commission and the European Investment Bank will bring forward broadband finance instruments, offering their services to the Member States. 47

PROPOSAL: Following the NZ success story, to set up “The EU Broadband Fund”, having as shareholders the EIB, EUROFOUND and all Member States, as a financing tool supporting the technological effort of Member States to implement the Broadband requirements included in the “Digital Agenda”

KA8(48): Full use of the Structural and Rural Development Funds that are already earmarked for investment in ICT infrastructures and services; MEO: KA8(48) - With regard to individual liberties of the citizens and the development of the local communities, using the Structural and Rural Development Funds, the Commission should pay a great attention to the principle that Community Radio and Multimedia Centres represents a crucially important communication and information tool for developing communities and bringing them together. KA8(49): Implement the European Spectrum Policy Programme, so as to ensure the coordinated allocation of the spectrum needed to meet the target of 100% coverage of 30 Mbps Internet by 2020, and the NGA Recommendation. MEO: KA8(48) The main social impact derived from freeing up the 800 MHz spectrum would be greater broadband access for all. The “Digital Dividend” will be a major source for financing the Broadband implementation at EU and national scales. PROPOSAL: Following the NZ success story, to set up “The EU Broadband Fund”, having as shareholders the EIB, EUROFOUND and all Member States, as a financing tool supporting the implementation of this modern technology.

48

- Key Action 9 -

Key Action 9 (50): Leverage more Private Investment Key Action 9 (51): Reinforce the coordination and pooling of resources with Member States and industry; Key Action 9 (52): Measures for “Light & Fast” access to EU research funds in ICT 49

ACTIONS

The Commission will: KA9(50): Leverage more private investment through the strategic use of pre-commercial procurement1 and public-private partnerships, by using structural funds for research and innovation and by maintaining a pace of 20% yearly increase of the ICT R&D budget at least for the duration of FP7; MEO: KA9-50 – Universal aspects: ICT represents a powerful driver of innovation in the EU economy as a whole; The technologies developed for ICT provide spin-off in many different sectors; It makes extreme demands on its products, requiring simultaneously: • safety and reliability • low weight • good economics • minimal environmental impact • enhanced power • high efficiency As beneficiary of the ICT "state – of – the art" products and applications, the EU economy has: • delivered immense social and economic benefits to the citizens at global level; • massively multiplied and facilitated business, leisure opportunities and cultural exchanges; • facilitated the development of international institutions and political relationships. Investing in ICT industry, Europe can reach three major objectives: • global leadership in the sector; • a world class operational ICT system; • spread of new technologies and innovation to other industry sectors and services. Other actions: KA9(51): Reinforce the coordination and pooling of resources with Member States and industry, and put greater focus on demand - and user - driven partnerships in EU support to ICT research and innovation; MEO: KA9(51) The EU should create a special programme to foster the development of European IT companies that can compete on a global scale with US giants like Google, Microsoft and Intel. The Commission should pay a greater attention not only about the undoubted differences between the US and EU in the area of R&D and of Implementation of new Digital Technologies, but also about the actual amplitude of “Digital Divide” phenomenon at the EU level - the enormous Differences between Countries inside.

1

In 2011-13, the Commission will co-finance five new actions on pre-commercial procurement involving Member States.

50

MEO: KA9(51) In order to increase the financial support for R & D activities, the EU should evaluate the possibility to adapt the “Dual – Use” solution promoted by the US Government through Defence Advanced Research Projects Agency - DARPA, mainly in the area of Defence, Aerospace and ICT: finance the R&D for new products with military funds and transfer the resulting technologies to the civilian sector! KA9(52): Starting in 2011 propose measures for ‘light and fast’ access to EU research funds in ICT, making them more attractive notably to SMEs and young researchers in view of a wider implementation within the revision of the EU. MEO: KA9(52) This is a highly desirable achievement. Much has been said and promised about it throughout the time, with very few notable results. Acceding EU funds is a dream far away from fulfilment. The draconic conditions imposed on applicants, combined with infernal bureaucracy make securing of EU funding so difficult that may give up from the beginning or after surrendering the results and documents of the first project. This will perpetuate unless drastic steps will be taken to reduce red tape, to emphasize more results rather than the ability to gather a consortium. “Light and fast” is a very nice promise. Let us all strive to make it fact! KA9(53): Ensure sufficient financial support to joint ICT research infrastructures and innovation clusters, develop further eInfrastructure and establish an EU strategy for cloud computing notably for government and science; MEO: KA9(53) - In many EU member countries research activity is carried out mostly within the academic surroundings. The commercial business does R&D work mainly for the niche domains they are attempting to conquer and the Government controlled research institutes have disappeared or have a negligible weight in the research world of research. The role of carrying out work and getting results regarding ICT research infrastructures and innovation clusters should be awarded to universities and they should conclude partnership with selected commercial companies needed to bring practical, applicative value to the research results. This could represent also an advance in improving the quality of the academic activity as a whole, with great impact on training qualified personnel so much in demand if the provision of Digital Agenda are to be converted in realities. KA9(54): Work with stakeholders to develop a new generation of web-based applications and services, including for multilingual content and services, by supporting standards and open platforms through EU-funded programmes. MEO: KA9(54) - Please see also remarks on KA5(26). In the general consumer markets, business growth is foreseen in the short to mid term in new Web and Internet-based services taking advantage of the new generations of smart phones, networked sensors and convergence around IP (Internet Protocol). In addition to access to digital media through new generation user interfaces and interaction paradigms, and generation of content and leisure services, new opportunities are foreseen e.g. in energy efficiency at home, personalised health systems and location-based services. 51

MEO: KA9(54)/cont. Trusted Network and Service Infrastructures  Future Networks that support the convergence and interoperability of heterogeneous mobile, wired and wireless broadband network technologies, including notably novel Internet architectures;  Cloud computing, Internet of Services and advanced software engineering  Architecture and technological foundations for Internet-connected sensors, actuators and other smart devices and objects.  Trustworthy ICT including security in networked service and computing environments;  Networked media and search systems, including digital media delivery platforms, Wireless and mobile broadband systems  LTE-Advanced and post-LTE systems; with focus on medium term evolution of LTE systems towards higher rate LTE-Advanced with support to standardisation;  Enabling technologies for flexible spectrum usage for mobile broadband, Novel radio network topologies;  Integration of radio technologies with optical fibre networks, for consolidation of mobile and wireless networks into integrated communication systems (using e.g. femto-cells) which can deliver ultra high speed wireless access in the home, the street or in the enterprise. High capacity end-to-end infrastructure technologies  Ubiquitous fast broadband access: convergence and interoperability of dynamic heterogeneous broadband and mobile network technologies;  Ultra high capacity all-optical networks supporting ever-increasing service bandwidth demands: Novel Internet architectures, management and operation frameworks  Future Internet architectures that are resilient, trustworthy and energy-efficient and designed to support open access, increasing heterogeneity of end-points (multimode devices, people, things) and networks (ad-hoc networks, opportunistic networks, networks of networks).  Visionary and "clean-slate" multi-disciplinary research on new architectures  Network management and operation frameworks to support generic service platforms, information exchange, addressing and naming, personal networks, scalability issues, agile connectivity, and the explosion of traffic and endpoints. Flexible, resilient, broadband and integrated satellite communication  Innovative system architectures and technologies making possible the advent of ultra high capacity satellite communication systems, and seamless integration capabilities with Future Internet terrestrial based networks.  Novel technologies and architectures for resilient and flexible networks enabling global, multi service, secure and dependable communication (including mobility), for institutional missions. Cloud Computing, Internet of Services and Advanced Software Engineering  Cloud Computing  Intelligent and autonomic management of cloud resources, ensuring agile elastic scalability. 52

MEO: KA9(54)/cont.  Scalable data management strategies, addressing the issues of heterogeneity, consistency, availability, privacy and supporting security.  Interoperability amongst different clouds, portability, protection of data in cloud environments, control of data distribution and latency.  Seamless support of mobile, context-aware applications.  Energy efficiency and sustainability for software and services on the cloud.  Architectures and technologies supporting integration of computing and networking environments; implications of Cloud Computing paradigm on networks  Open Source implementations of a software stack for Clouds Internet of Services  Service engineering principles, methods and tools supporting development for the Internet of Services, including languages and tools to model parallelism.  Services enabled by technologies for seamless integration of real and virtual worlds, through the convergence with Internet of Things and Internet of Contents.  Massive scalability, self-management, verification, validation and fault localisation for software-based services.  Methods and tools to manage life cycle of secure and resilient Internet-scale applications from requirements to run-time and their adaptive evolution over time. Advanced software engineering  Advanced engineering for software, architectures and front ends spanning across all abstraction levels.  Quality measure and assurance techniques which adapt to changing requirements and contexts, to flexibly deal with the complexity and openness of the Future Internet.  Management of non-functional requirements typical of Internet-scale applications, like concurrency levels which will be orders of magnitude larger than in today's applications, huge data stores and guaranteed performance over time.  Tools and methods for community-based and open source software development, composition and life cycle management.  Technologies for infrastructure virtualisation, cross platforms execution as needed for service composition across multiple, heterogenic environments, autonomous management of hardware and software resources. MEO: GENERAL REMARKS ON KA9 THE BASIC AXIOM The major factor to be considered under all evaluations processes regarding the impact of ICT to any economic and/or social sector – stands under the following Axiom: “ICT cannot bring any major contribution to the Sustainable Development of the European Union in all economic and social sectors without a Permanent Self-Improvement of its current Core Applications: Internet, Broadband, Multiplexing, Networking and the Development of the next Generation of High-Performance Microprocessors”. 53

MEO: GENERAL REMARKS ON KA9/cont. Today, the process of globalisation coincides with a fundamental transformation to a Knowledge-Based Society (KBS), largely driven by ICT, where knowledge and information increasingly determine new patterns of growth and wealth-creation and open up possibilities for more effective poverty reduction and Sustainable Development. In addition to increasing the flow of funds to ICT innovation and R&D, the Commission must ensure that there is proper accountability and value for the money invested. Proper investment management practices should apply: investments should be granted on the basis of expected economic and/or societal returns, and all investments should be subject to rigorous stewardship to ensure that projected benefits are delivered. Governance of R&D investment must ensure that there is good coordination across programmes to maximize benefits and avoid wastage through duplication of effort. Priority could be given to funding innovative technologies that would build on Europe’s global lead in wireless and mobile communications, to provide universal highspeed Internet connectivity, possibly using radio spectrum that becomes available as broadcasting and other activities reduce their demand for radio bandwidth. Funding should also be made available to stimulate technology and applications that will be able to use the highly accurate location signals provided by Galileo’s services. The EU should continue to fund R&D around the Internet of Things, which will be manifested by technological advances in wireless technologies, the Internet and Galileo. Investment should be targeted at finding innovative solutions to the challenges caused by language diversity in the EU. The US and other large economies with a linguafranca have an advantage when it comes to developing a single, coherent online market for goods and service. Language diversity is a special challenge for the 2020 vision. After a careful evaluation, it is crystal clear for all of us the role and the huge potential of ICT in Sustainable Development, outlining that this contribution should be directed to the following 7 domains of major interest, already targeted by the DG “INFSO”: a) Greater energy efficiency in enabling more efficient business and working practices; b) More intelligent use of energy in buildings; c) More intelligent mobility, with more intelligent vehicles and public transport services; d) ICT equipment and services emerging as major additional users of energy; e) Increasing the energy–saving potential and the CO2 emission-reduction of ICTbased services; f) Optimising benefits of ICT-based innovations without a substantial rebound; g) ICT-supported R&D on sustainable issues (e.g., modelling and simulation procedures and storage and evaluation of data on the environment). PROPOSAL: A new dedicated programme under the frame of "The Digital Agenda” to address the current negative effects of using ICT, entitled “My Computer – My Healthy & Wealthy Friend!”, based on a strategy including an ADVERTISING CAMPAIGN TO EDUCATE THE EUROPEAN CONSUMERS - on: 54

a. b. c. d. e.

Permanently measuring / monitoring hardware power consumption; Using fewer servers and printers by increasing the use of virtual servers; Stop over–provisioning and improving capacity planning; Improving cooling efficiency; Turning power management on, turning to stand-by or turning equipment off after hours; f. Extending the life of assets by re-use both within the enterprise and externally; g. Ensuring and validating the correct distribution of all electronic equipment; h. Analysing all waste. Having the programme in place, in order to reduce the negative effect of using ICT and to increase the impact of the package promoted under The Digital Agenda, the DG “INFSO” can evaluate the option to take the following actions: a. To fully support the initiatives promoted by Climate Savers Smart Computing, ETNO, WWF and other similar projects, taking the proper measures to discourage the use of equipment not in compliance with the new standards for electrical power consumption; b. Recommend that IT leaders develop initiatives that use ICT to reduce the enterprise’s overall environmental presence; c. Require that ICT equipment suppliers gain a better understanding of the product life cycle; d. Reduce CO2 emissions throughout the life cycle; e. Increase the efficiency and effectiveness of old ICT hardware recycling and the use of recycled materials. The Next Generation of High Energy-Efficiency ICT Hardware The current predictions envisage four main trajectories for this next generation of reduced power-consumption ICT systems, specially developed to answer the challenges now confronting the sector: a) Networked, mobile, seamless and scalable, offering the capability to be always best connected at any time, anywhere and to anything b) Embedded into the things of everyday life in a way that is either invisible to the user or brings new form-fitting solutions c) Intelligent and personalised, and therefore more centred on the user and their needs d) Rich in content and experiences and in visual and multimodal interaction. The most advanced and fastest growing ICT sectors to receive special attention during new R&D innovation/implementation/regulation/networking activities are: a) Broadband; b) Mobile Internet including new technologies to increase the range of Wi-Fi Coverage; c) On–line against Aging / Long–life IT; d) Booster e-Learning, e-Health, Life-long Education and Training; 55

e) Personalisation with more effective targeting; f) User – generated Content (RSS, blogs, reviews, video, images, audio …); g) On–line Music Download; h) Fully secured On–Line Payments; i) Short– and Full-length Video; j) Interactive Entertainment; k) VoIP; l) Pay per Call; m) Digital Rights Management (DRM); n) Ubiquitous Connectivity. Reinforcing ICT Global Leadership: ICT 4 ICT Priority Programs – according with my view – for a better life of our Citizens: “ICT - for - Intell€nergy” Sectoral Action Plan, structured in line with the newest technical and technological R & D in the area of energy supported by ICT, to face and solve current challenges, with particular reference to: a) Providing more efficient energy and electricity services to all households, including the connection for those currently lacking access (at least several million in EU countries and in potential candidate countries); b) Increasing the use of environmentally appropriate and sustainable fuels, such as renewable fuels; c) Reducing losses in energy systems, both technical as well as anti-theft devices; d) Reducing the impact of energy usage on the environment, ranging from local to global; e) Providing better energy security for users and countries, including price stability/predictability; f) Providing high–level security and environmental safeguards when using nuclear materials; g) Developing appropriate adaptation strategies for climate change and sea–level rise. “Intell@Building” Initiative Sectoral Action Plan: Supporting “Intelligent Building for a better life for EU Citizens”. The action plan should be structured in line with the newest technical and technological R&D projects supported by ICT in order to face and solve current challenges, with particular reference to: a) Adopting an EU set of integrated standards for “Intell@Buildings” by 2015 to cover interoperability of technologies; b) Developing low-cost technologies (e.g. sensors), together with suitable power management technologies for operation in homes; c) Developing expertise in software at EU level for optimisation and control of networks of multiple buildings; d) Training specialists to provide high quality energy services; e) Building regulations to improve the demands for increased energy efficiency; 56

f) Establishing a strong body in each Member State for the new area of “Intell@Buildings” which drives standards, provides an effective forum and competence centre for members and lobbies national governments; g) Supporting SME growth to produce new eligible energy service providers at EU level; h) Developing new ICT applications dedicated to network monitoring and optimisation software. “Intell@Transport for EU Citizens” Sectoral Action Plan: ICT – Supporting the EU Intelligent Transportation Program. In fact, promoting the initiative entitled “ICT for EU Intell@Transport”, a specific action plan focusing on operational activities directly supported by ICT to face and solve current challenges in the transportation sector: a) Reducing congestion and overcrowding in all transport systems and on the roads within cities b) Improving public transport systems including affordability and deploy innovative solutions for meeting both peak and off-peak transport needs c) Building safe and efficient rapid transport options between urban centres, including the development of modern port facilities d) Connecting rural areas with urban centres with all–weather roads and other transportation systems, improve connectivity between areas of greatest demand e) Improving inland waterway usage for low–cost bulk transportation f) Improving the environment in urban and rural areas, as affected by transportation g) Increasing the safety of transportation systems h) Improving the sustainability of transportation systems, especially regarding fuel usage i) Improving access for persons with special needs. Member States should: KA9(55): By 2020, double annual total public spending on ICT research and development spending from €5.5bn to €11bn (which includes EU programmes), in ways that leverage an equivalent increase in private spending from € 35 billion to € 70 billion; MEO: KA9(55) - This has been said and planned in the past. Remember European Computer Driving License and the amount of money and effort involved. The results are far from satisfactory. ICT literacy should begin form the age of four and improvement is to be sought throughout the person’s life (of course, adequate means must be used according to age and level acquired). Much attention is to be paid to the education curricula in primary and secondary schools. Like foreign languages, this is the stage at which the knowledge acquired earlier improves and gets implanted in one’s mind until life comes to an end. Merely doubling the amount of public spending does not bear fruit if well designed and well monitored Action Plans do not accompany this needed effort. NOTE: “The National eAdministration Strategy of Romania” approved by the Government in September 2001 imposed to all Romanian civil servants the obligation to graduate the ECDL course.

57

KA9(56): Engage in large scale pilots to test and develop innovative and interoperable solutions in areas of public interest that are financed by the CIP. MEO: KA9(56) – Despite of the fact that the Large Scale Pilots bring not too much news, the pilots are organic parts of a well designed strategy, implemented consequently, step by step. Much effort has been wasted with pilots which proved something, but in many cases the work continuation for industrial implementation did not take place!

W IRELESS DATA TRAN SM ISSION STAN DARDS BANDWIDTH ASSUMPTIONS

802.20

MOBILITY

MOBILE (VEHICLES)

PEDESTRIAN (NOMADIC)

WWAN 2G/2.5G (IMT-2000) cdma2000® 1xEV-DO, Cellular cdma2000® 1xEV-DV WCDMA HSDPA

FIX (STATIONARY)

802.15.1 (Bluetooth)

0.1

802.16e 802.16a (WiMAX)

802.11 (WLAN)

1.0

3.1

BAND WIDTH (MHZ)

2G/2.5G

1.25

1xEVDO 1xEVDV 802.20

1.25

HSDPA

5

802.16

20

BLUE TOOTH

79 x 1 MHz

UWB

> 100

802.15.3a (UWB)

10

100

COMERCIALLY PROPOSED

Fig.3: WIRELESS STANDARDS CHART (Data Transmission Rate - in Mbit/s)

2

THECONTRIBUTION OF INFORMATION & COMMUNICATIONS TECHNOLOGIES TO SUSTAINABLE DEVELOPMENT

MAY 8rd, 2007

58

- Key Action 10 -

Key Action 10 (57): DIGITAL LITERACY AND COMPETENCES - A PRIORITY FOR THE EUROPEAN SOCIAL FUND REGULATION (2014-2020) 59

ACTIONS

The Commission will: Key Action 10(57): Propose digital literacy and competences as a priority for the European Social Fund regulation (2014-2020); MEO: KA10(57) Europe is suffering from a growing professional ICT skills shortage and a digital literacy deficit. These failings are excluding many citizens from the digital society and economy and are holding back the large multiplier effect of ICT take-up to productivity growth. Again, this is part of a large and unsolved (yet) problem: computer literacy. For so long so much was done to make each and every member of EU familiar with those aspects of ICT which affect our day-to-day life. The results are far from expectations. Many still prefer the use of traditional means of conducting their activity; others are reluctant to switch over to new technologies, since the perspective for a senior person to look less able and familiar to use a computer based system in comparison to his/her junior colleague or even subordinate is, indeed, frightening for that person and determines a passive attitude regarding introduction and use of electronic data processing.

60

- Key Action 11 Key Action 11 (58): European Framework for ICT Professionalism Key Action 11 (59): Make digital literacy and skills a priority of the "New skills for new jobs" Flagship Key Action 11 (60): A higher participation of Young Women and Women Returners in the ICT workforce Key Action 11(61): Develop in 2011 an Online Consumer Education Tool on new media technologies Key Action 11(62): EU-wide Indicators of Digital Competences and Media Literacy; Key Action 11(63): Evaluate accessibility in revisions of legislation undertaken under the Digital Agenda 61

Key Action 11(58): By 2012, develop tools to identify and recognise the competences of ICT practitioners and users, linked to the European Qualifications Framework and to EUROPASS and develop a European Framework for ICT Professionalism to increase the competences and the mobility of ICT practitioners across Europe; MEO: KA11(58) Tools are good, but not enough (at least – at this moment). They should be only tools aiding trained personnel in assessing the quality of those attempting to become the ICT mass of people the Digital Agenda needs for stepping down from the high spheres of thinking at high level into the surrounding reality, bringing the expected results As I already mentioned, according with The Law on Public Function and with “The National Strategy on e-Administration”, in Romania the civil servants can not apply for promotion without graduating the course and obtaining the “European Computer Driving License” certificate. Other actions: Key Action 11(59): Make digital literacy and skills a priority of the "New skills for new jobs" Flagship to be launched in 2010, including the launch of a multistakeholder sectoral Council for ICT Skills and Employment to address demand and supply aspects; OK - NC Key Action 11(60): Promote a higher participation of young women and women returners in the ICT workforce through support for web-based training resources, game based eLearning and social networking; OK - NC Key Action 11(61): Develop in 2011 an Online Consumer Education Tool on new media technologies (e.g. consumer rights on the Internet, eCommerce, data protection, media literacy, social networks etc.). This tool will provide customised information and education materials for consumers, teachers and other multipliers in the 27 Member States; MEO: KA11(61) – SOME IDEAS AND OPPORTUNITIES The New Customer Migration: Where are your customers going, why, and how can you influence it?  Customers are migratory creatures. They consume content, comparison shop, make

purchase decisions and purchases, and share their opinions where and when it best serves them - on websites, in stores, at call centers, with mobile devices and through social media. Our collective challenge is to figure out how to paint a complete customer picture of this customer journey in a way that is at once measurable and approachable - and ultimately profitable. The key problem is how to do just that through mapping your customer's multichannel migration patterns - their channel arrival and departure habits - and influence their behaviours. 62

MEO: KA11(61)/cont. Email Marketing: The Digital Glue of Social Media  Engagement is more important than ever. More marketers are using the social web and email marketing as channels to connect, start conversations, and build relationships. When working together, these channels can help build your community, create brand awareness, and drive sales. The Social Enabled Enterprise - Better products, services, relationships & support  Social media is enabling businesses to build much closer customer relationships than ever before. As the space matures smart businesses are realizing that game has changed and they need to either adjust their approach to the market or risk being left behind. We should focus on how companies are taking advantage of this shift in the communication landscape to improve their approach to marketing, customer service, product development and sales. Key Action 11(62): Propose by 2013 EU-wide Indicators of Digital Competences and Media Literacy; MEO: KA11(62) - It has been mentioned early (see comments above) that education in ITC starts with acquiring basic literacy knowledge at an early age, consolidate this knowledge when the person becomes more aware of the realities in which he/she lives and continue the improvement throughout the whole life, both active and as a senior citizen. UNLESS THIS IS CARRIED OUT ACCORDING TO A PLAN REZULTED FOLLOWING CONSULTATIONS AND USING THE SYNERGIES OF ALL SOCIAL AND ECONOMIC FACTORS, THE ACTION WILL FAIL SHORT OF ATTAINING ITS OBJECTIVES. Too often we do assist to chaotic, apparently unsynchronized, uncorrelated launch of initiatives, consuming time and money and ending up in results without a great deal of significance. This is why a concerted, minutely designed approach MUST be taken. Key Action 11(63): Systematically evaluate accessibility in revisions of legislation undertaken under the Digital Agenda, e.g. eCommerce, eIdentity & eSignature, following the UN Convention on the Rights of Persons with Disabilities; OK - NC KA11(64): Based on a review of options, make proposals by 2011 that will make sure that public sector websites (and websites providing basic services to citizens) are fully accessible by 2015; MEO: KA11(64) - A necessary condition for the public sectors to be accessible is that they should exist. In quite a few member countries such sites, although declared, are far from the standards needed for them to accomplish the mission for which they have been generated. Perhaps some basic principles (recommendations) underlining the main requirements for an effective and efficient public sector website should be issued by the EU as support to those in need. KA11(65): Facilitate by 2012, in cooperation with Member States and relevant stakeholders, a Memorandum of Understanding on Digital Access for persons with disabilities in compliance with the UN Convention.

63

MEO: KA11(65) Agreed, provided that also the addressed party thinks in the same way. Again, the keyword is education. If education and life philosophy given to a small child are far away from the ideals of a citizen living in a world in which ICT is a manner of living, it would be extremely difficult and costly to redress this at a later age. This is the right place to emphasize the major role can be played by e-Inclusion as Aa potential major solution for Roma minority integration (I’m referring to actual scholar generation). Member States should: KA11(66): Implement by 2011 long-term e-Skills and digital literacy policies and promote relevant incentives for SMEs and disadvantaged groups; MEO: KA11(66) - The main factors to be considered are: ICT enable new types of innovations in products, processes and services. People often have misperceptions of the nature and need for ICT related careers, and especially young people and women do not necessarily see them attractive. e-Skilled practitioners and managers are needed in all sectors, not only on ICT sector. Despite the crisis, the demand for e-skills increases in long term, especially for higher level strategic e-Skills for innovation. Multi-stakeholder partnerships and social dialogue are crucial for a sustainable and successful long term skills agenda. European e-Skills agenda has accomplished several achievements but there is need for further awareness raising and investment e-Skills for new jobs are interdisciplinary and closely related to higher level innovation skills, which needs to be taken into account in future actions. New alliances and approaches are needed for providing lifelong learning opportunities of relevant e-Skills and innovation skills. New modes of collaboration enabled by ICT need to be taken into account in developing education, business and strategic co-operation. Both lower and higher level e-Skills need attention, in order to enhance citizens’ well-being, knowledge society, and competitiveness in Europe. e–Skills can be used to promote social inclusion for groups which might otherwise face the risk of exclusion, such as Roma children. KA11(67): Implement by 2011 the provisions on disability in the Telecoms Framework and the Audiovisual Media Services Directive; OK - NC KA11(68): Mainstream eLearning in national policies for the modernisation of education and training, including in curricula, assessment of learning outcomes and the professional development of teachers and trainers. MEO: KA11(68) - Emphasis on using eLearning and, moreover, Collaborative eLearning principles and tools must be made. In a world which generates a new piece of information at a speed higher than the speed required to assimilate it, only Collaborative eLearning can hope to keep pace with the fantastically fast information augmentation and renewal. 64

- Key Action 12 Key Action 12 (69): Common Measurement Methodologies for the Sector's Own Energy performance and Greenhouse Gas Emissions Key Action 12 (70): Partnerships between the ICT sector and major Emitting sectors to improve the Energy Efficiency and Greenhouse Gas Emissions Key Action 12 (71): Contribution of Smart Grids to the decarbonisation of Energy Supply in Europe / promote the Interoperability of Smart Grids Key Action 12(72): Green Paper on Solid State Lighting (SSL)

65

ACTIONS

The Commission will: KA12(69): Assess by 2011 whether the ICT sector has complied with the timeline to adopt common measurement methodologies for the sector's own energy performance and greenhouse gas emissions and propose legal measures if appropriate; OK - NC Other actions: KA12(70): Support partnerships between the ICT sector and major emitting sectors (e.g. buildings and construction, transport and logistics, energy distribution) to improve the energy efficiency and greenhouse gas emissions of these sectors; MEO: KA12(70) First target is represented by the ICT sector itself – so-called “ICT4ICT” - because: The Sustainable Growth at EU level for any economic and social sector by ICT’s can be reached only if the ICT sector itself is under a permanent modernisation by R&D - regarding Innovation/Implementation/Regulation/Networking for the most advanced and fastest growing ICT sectors: Broadband; Mobile Internet, including new technologies to: (1) Increase the Range of WiFi Coverage; (2) On-Line AntiAging/Long Life IT; (3) Boosting e-Learning, e-Health, Continuous Education & Training; (4) Personalisation with more effective targeting; (5) User - generated Content (RSS, blogs, reviews, video, images, audio); (6) On-Line Music download; (7) On-Line Payments; (8) Short- and long-size video; (9) Interactive Entertainment; (10) VoIP; (11) Pay per Call; (12) Digital Rights Management; (13) Ubiquitous Connectivity; (14) RFID etc. The total estimated electricity used in powering and cooling the 2 million servers of the 5 major search engines amounts to around 5 GW - enough to power a metropolitan area of 10 million inhabitants during a full hot summer day. The IT Industry should embrace new revolutionary technologies for desktop and server manufacturing, as the new heavily processors that can execute many threads (up to 32 instruction sequences for the Niagara” and “Piranha" new models, using eight processing cores on a chip – called "Chip Multiprocessor Technology" - CMP). CMPs can not solve alone the power - efficiency challenge in the field of PCs and servers. Fundamental circuits and architectural innovations are still needed to address longer - term trends. The continuous development of this sector should represent a permanent concern for the Commission. Start an advertising campaign to educate consumers on:

66

MEO: KA12(70) a. b. c. d. e.

Permanently measuring / monitoring hardware power consumption Using fewer servers and printers by increasing the use of virtual servers Stop over–provisioning and improving capacity planning Improving cooling efficiency Turning power management on, turning to stand-by or turning equipment off after hours f. Extending the life of assets by re-use both within the enterprise and externally g. Ensuring and validating the correct distribution of all electronic equipment h. Analysing all waste. Once the programme is in place, in order to reduce the negative effect of using ICT the following actions should be applied: a. Fully support the initiatives promoted by Climate Savers Smart Computing, ETNO, WWF and other similar projects, taking the proper measures to discourage the use of equipment not in compliance with the new standards for electrical power consumption; b. Recommend that IT leaders develop initiatives that use ICT to reduce the enterprise’s overall environmental presence; c. Require that ICT equipment suppliers gain a better understanding of the product life cycle; d. Reduce CO2 emissions throughout the life cycle; e. Increase the efficiency and effectiveness of recycling and the use of recycled materials. KA12(71): Assess by 2011 the potential contribution of smart grids to the decarbonisation of energy supply in Europe and define a set of minimum functionalities to promote the interoperability of Smart Grids at European level by the end of 2010; MEO: KA12(71) – The actual crisis should be seen as an opportunity to boost the current framework for investments in generation, restructure grids, and create a smart, integrated and carbon-neutral energy economy. The Commission should evaluate and offer practical answers on four major aspects of the EU electricity industry: Decarbonising the power sector To meet the 60-80% emissions reductions necessary to stabilise atmospheric CO2 emissions at 440ppm, the European power sector would have to be virtually carbon free by 2050. The actual Electricity project showed that under the most favourable scenario for meeting a 50% reduction for the EU 27, the carbon intensity for the European power sector would reduce significantly. The proposed Key Action should clarify the opportunities and barriers to achieve a EU decarbonised power sector. Building a Smart Electricity Infrastructure for the Future 67

MEO: KA12(71)/cont. The environmental targets of the EU cannot be achieved without changes in Europe’s electricity grid. The emergence of renewables, distributed generation and electric vehicles demand an infrastructure that actively integrates the actions of generators, consumers and parties that do both. First we should emphasize the benefits as well as technical and regulatory challenges of the future network and the smart grids concept in particular. Integration of Renewable Energy in the Market The prospects of developing large share of RES generation in the near future can be seen as an opportunity for electricity markets rather than a challenge. If properly organised, renewables can play a positive role in the functioning of electricity markets and their integration into regional markets. The Commission should evaluate the potential distortions of the market arising from the continuation under the new Renewable Energy Directive of 27 separate national RES support schemes. The Member States should make full use of the flexible cooperation mechanisms provided by the Directive so as to promote regional market integration and to develop intra-day and day-ahead markets at a cross-border, regional level so as to better integrate new RESpower. Security of Supply – Implementing CIP on Electricity sector Security of supply implies not only secure fuel supplies, but also adequate transmission and distribution infrastructure, as well as sufficient and reliable generating plant. Clear strategies need to be in place to ensure that current problems in the capital and credit markets do not threaten the ability of utilities to deliver in full secure conditions. KA12(72): In 2011 publish a Green Paper on Solid State Lighting (SSL) to explore the barriers and to put forward policy suggestions; it will in parallel support demonstration projects using the CIP. MEO: KA12(72) Europe’s lamp manufacturers also published three years ago (2007) the details of an initiative aiming at phasing out the least efficient household lamps from the European market by 2015. Targets: 60% reduction of CO2 emissions (23 MT annually) in domestic lighting = 7Bn Euro = 63,000 GWh Electricity annual savings. The proposed Green Paper should combine the technical progress and potential of semiconductor light emitting materials with an analysis of market adoption, revealing the useful insights into challenges and opportunities in the growing field of solid state lighting. As the LED lighting market moves from niche applications into the mainstream of general illumination, a large number of companies are being founded to develop innovative technology at all levels of the supply chain, ranging from light sources, to drivers, optics and thermal management solutions, to complete luminaires. 68

MEO: KA12(72)/cont. The proposed Green Paper should combine the technical progress and potential of semiconductor light emitting materials with an analysis of market adoption, revealing the useful insights into challenges and opportunities in the growing field of solid state lighting. As the LED lighting market moves from niche applications into the mainstream of general illumination, a large number of companies are being founded to develop innovative technology at all levels of the supply chain, ranging from light sources, to drivers, optics and thermal management solutions, to complete luminaires. The integration of discrete LEDs into solid state lighting systems should be identified as a critical area of both technical and business development and the key to creating useful products and expanding new markets. Analysis of conventional and emerging opto-semiconductor lighting industries highlights important differences of influence within the value chain. For solid state lighting, the significance of system integration shifts control away from large LED manufacturers and closer to the end user and to the niche players. Based on technology capability, industry conditions, and historical analogy, solid state lighting can achieve wider adoption primarily through the growth of new applications and markets, not through the substitution of existing lighting business. Member States should: KA12(73):

Agree by the end of 2011 common additional functionalities for smart meters;

MEO: KA12(73) Potential ICT applications to be directly implemented with the energy sector:  Data collection and system level use: a. Metering at all levels: Real-time transfer and distribution (T&D) status data; b. Supervisory control and data acquisition (SCADA) systems; c. New protocols for smart control; d. T&D efficiency and loss reduction; e. Smart control of distributed resources and micro–grids.  Examples of R&D activities needed: a. Low-cost, reliable digital meters with ICT enhancements, such as control and communications; b. Convenient low–cost Sensors, efficient End–Use Devices with options for Demand Management; c. Transparency/clarification of decision-making authority for ongoing operations; d. ICT enabled externality metering, such as congestion pricing; e. New ICT innovations for Peak Management and Daylight Adjustment.

69

KA12(74): By 2012 include specifications for total lifetime costs (rather than initial purchase costs) for all public procurement of lighting installations. MEO: KA12(74) – Can be defined only after the new specific standards will enter into force, including minimum lifetime, electrical consumption vs lighting power etc.

70

- Key Action 13 -

Key Action 13 (76): Secure Online Access to Citizen’s Medical Health Data

71

ACTIONS

The Commission will work with Member States competent authorities and all interested stakeholders to: KA13(76): Undertake pilot actions to equip Europeans with secure online access to their medical health data by 2015 and to achieve by 2020 widespread deployment of telemedicine services; MEO: KA13(76) - The comment refers also to the Points 77 – 79. This is only the top of the iceberg. Again, online access must be based on the assumption that the accessed object DOES EXIST. Without massive introduction of ICT al medical service provider level (MDs, pharmacists, hospitals, health emergency services) access to medical health data is pointless, since such data exists, perhaps, only on paper, it might be duplicated, it might show lots of incoherency, one has to retrieve it from archives stored on paper, kept in humid basements of hospitals and medical cabinets a.s.o. By consequence, we should speak first of providing informatics system at medical service provider level and ONLY after that about the person’s access to his/her medical file. The above assertion is valid for many EU countries, including those which enjoy a comfortable economic and well being level. Wording such as the one used in Point 76 is deceiving and non-lucrative for the countries in the situation described above. This remark is made as result of participating in many events on eHealth, held both in Europe and also in the U.S. Tens of pages can be written on the subject. Practically, the security of the on-line access of citizens to their private health data can be easy solved by using a slightly modified e-Banking application based on “token” device (a random generator of numeric sequences) in connection with a high-speed Internet link.

72

- Key Action 14 -

Key Action 14 (77): Patient Records to be Accessed or Exchanged Electronically across Member States Key Action 14 (78): Interoperability testing and certification of eHealth systems Key Action 14 (79): Reinforce the

Ambient Assisted Living (AAL) Joint Programme

73

ACTIONS

KA14(77): Propose a recommendation defining a minimum common set of patient data for interoperability of patient records to be accessed or exchanged electronically across Member States by 2012; PLEASE SEE MEO: KA14(78) Other actions: KA14(78): Foster EU-wide standards, interoperability testing and certification of eHealth systems by 2015 through stakeholder dialogue; MEO: KA14(77&78) Main Task: to engage leaders and organisations, including professional organisations, national competence centres, industrial associations and standards development organisations to define and implement a research agenda on the semantic interoperability of health information systems and particularly electronic health records, including the definition of a minimum common set of patient data. Participants: European and international organisations in the domains of medical terminology, record architecture, standards, medical logic and workflow are expected to participate. The work should also include set up and a governance of a European virtual organisation for multilingual, multicultural adaptation of international classifications and terminology and propose means for the sustainability and governance of health information info-structure. KA14(79): Reinforce the Ambient Assisted Living (AAL) Joint Programme to allow older people and persons with disabilities to live independently and be active in society. MEO: KA14(79) – Practically, this Key Action is referring to: Smart and self-adaptive environments prolonging independent living: Focus is on flexible ICT solutions able:  to provide early detection and adaptive support to changing individual needs related to ageing:  increased risk of falls;  depression;  sleep deprivation;  cognitive decline;  to support timely involvement of careers and family. The aim is to promote better prediction, prevention and support through long-term trend analysis of basic daily behavioural and physiological data, building on unobtrusive sensing and advanced reasoning with humans-in-the-loop. Major challenges to be addressed include:  self-learning solutions building on open platforms, which can share contextual information with other artefacts in the surroundings of the user;  low maintenance systems capable of graceful degradation in case of failure  affective and empathetic user interaction, taking into account the capabilities of elderly users. 74

Funding should be increased for ICT skills development and knowledge & awareness programmes for citizens and SMEs. Information and support functions should be established in Member States to help SMEs and citizens understand and participate in the Digital Economy. The Commission should support initiatives across the EU to introduce school children, senior citizens, people with disabilities and socially disadvantaged citizens to the use of broadband technology (e.g. Web-based learning, video conferencing, on-line public services, etc.).

75

- Key Action 15 -

Key Action 15 (80): Sustainable Model for financing the EU Public Digital Library

Key Action 15 (81):

Green Paper on "Unlocking the potential of Cultural and Creative industries" Key Action 15 (82): Promoting Digitisation of European Cinema Key Action 15 (83): Implementation of the Audiovisual Media Services Directive concerning Cultural Diversity

76

ACTIONS

The Commission will: KA15(80): By 2012 propose a sustainable model for financing the EU public digital library Europeana and digitisation of content; MEO: KA15(80) - A comment relevant to this has been made at the beginning of the documents, regarding copyrights and connected issues on multimedia, cultural and historical heritage etc.

Other actions: KA15(81): By 2012 propose measures following the results of the consultation on its Green Paper on "Unlocking the potential of cultural and creative industries"; MEO: KA15(81) The target is to exploit Europe’s vast and exclusive cultural resources and learning traditions as a source of innovation and creativity, for businesses, researchers, educational organisations and the general public. The measures should refer to the need for flexible and efficient access to information and knowledge, for educational, training and cultural purposes. Should focus on advances in how we learn through ICT and on enhancing the meaning and experiences from digital cultural and scientific resources and respond to societal (active and responsible learners) and economic needs of individuals and organisations (better skilled and creative workforce). The proposals under this Challenge should fuel progress in a wide range of applications from schools to workplaces, museums, libraries and other cultural institutions. Individual personal spheres should be treated and extended by advances in areas like pervasive network environments, social networking technology and mobile computing, rising the expectations of users and consumers of the digital learning and cultural resources in terms of level of interaction and engagement. The target is to exploit Europe’s vast and exclusive cultural resources and learning traditions as a source of innovation and creativity, for businesses, researchers, educational organisations and the general public. What can we expect:  Affordability and widespread availability of tools and services for releasing the economic potential of cultural heritage in digital form and for adding value to cultural content in educational, scientific and leisure contexts;  Wider range of users of cultural resources in diverse real and virtual contexts and considerably altered ways to experience culture in more personalised and adaptive interactive settings. KA15(82): Issue by 2011 a Recommendation on promoting digitisation of European Cinema; 77

MEO: KA15(82) The European Media sector need a new strategy helping European cinemas to go digital and to encourage more of them to screen European-made films, thus ensuring a wider choice for cinema-goers. Because the cost of digital equipment is prohibitive for many small cinemas, the new strategy should set out options for financial support, including state-aid and backing from the European Regional Development Fund and EU MEDIA program. The major opportunity created by the move to digital is to increase the feasibility of converting films made in the first years of cinema to preserve them for future generations. KA15(83): Ensure the implementation of the provisions of the Audiovisual Media Services Directive concerning cultural diversity, where appropriate through co- and selfregulation and request information from Member States on their application by the end of 2011. OK – NC.

78

- Key Action 16 Key Action 16 (84…101): Mutual Recognition of e-Identification and e-Authentication across the EU-based Online 'Authentication Services'; Green Paper on "Unlocking the Potential of Cultural and Creative Industries"; Public Access to Environmental Information Directive; Cross-Border eEnvironment Services; eProcurement Inter - Connection; eCommission 2011-2015 Action Plan; eGovernment Services fully interoperable; The Points of Single Contact function as fully fledged eGovernment centres; A common list of key Cross-Border Public Services; Increase the speed of ITS take-up; Adopt the Air Traffic Management Solutions for the Single European Sky (SESAR) deployment strategy; Deployment of e-Maritime services; Telematic applications for Rail Passenger Services; European Rail Traffic Management System (ERTMS); Promote the internationalisation of Internet Governance and Global Cooperation; Support the continuation of the Internet Governance Forum beyond 2010; Improve International Trade conditions for Digital Goods and Services, including with regard to Intellectual Property Rights.

79

ACTIONS

The Commission will: KA16(84): Propose by 2012 a Council and Parliament Decision to ensure mutual recognition of e-Identification and e-Authentication across the EU based on online 'Authentication Services' to be offered in all Member States (which may use the most appropriate official citizen documents – issued by the public or the private sector); MEO: KA16(84) - Here there is a gap between Point 84 and Point 93. The problem of interoperability has been addressed earlier in this document. The same comment is valid also about identification and authentications. More detailed explanations could be added if needed. This comment encompasses Point 84 and also Points 93 – 97. Other actions: KA16(85): Support seamless cross-border eGovernment services in the single market through the Competitiveness and Innovation Programme (CIP) and Interoperability Solutions for European Public Administrations (ISA) Programme; MEO: KA16(85) - The expansion of the European Union has led to a significant increase in the number of cross-border activities, also growing the demand for cross-border services. The complexity of cross-border services provision is mostly caused by the various interoperability issues that come up when actors from different Member States have to cooperate in the workflow of a cross-border service. Therefore solving interoperability problems would promote the development of cross-border services. The development of cross-border services is not only in line with the principle of free flow of goods, persons, capital and services; it also acts as an essential enabler to transform this principle from theory to practice. More specifically, developing crossborder services can bring a number of benefits to European citizens and businesses including gain of competitiveness for businesses, gain of time and alleviation of cost etc. In order to discuss and analyze the “cross-border” services, a new term was introduced: “Pan-European Public Services” (henceforth referred to as PEPS) - describing the services in which actors from more than one country are involved. To facilitate the execution of PEPS and support it in an electronic way, interoperability among the information systems of different Member States Administrations (henceforth referred to as MSAd) is of vital importance, since a PEPS cannot be executed or delivered electronically unless the systems of the engaged PA agencies have solved problems in communication, exchange of data, data meaning, etc. Defining Inter-Operability  Interoperability means the ability of information and communication technology (ICT) systems and of the business processes they support to exchange data and to enable sharing of information and knowledge.  According to EPAN (The eGovernment Working Group of the European PA Network), the use of common standards is central in achieving interoperability. 80

MEO: KA16(85)/cont.  The following three types of interoperability are identified:  Organizational interoperability, which deals with cases where the organizations that have to cooperate have differences in their structure and in their business processes.  Semantic interoperability, which deals with cases where the information exchanged between organizations, is interpreted differently by each side.  Technical interoperability, which deals with the technical issues of linking computer systems and services. Other important issues like open interfaces, interconnection services, data integration and middleware, data presentation and exchange, accessibility and security services are also included here  Generally, the interaction model should answer to a three-layers requirement:  Communication: exchanging messages among remotely located partners.  Content: Languages and models to describe and organize information to be understood and used.  Business Process: Enable autonomous and heterogeneous partners to interactions. In 2010 Europe's first cross-border e-Government service has been launched. RISER (Registry Information Service on European Residents), currently available as a pilot scheme, allows companies across Europe to obtain official address information for Germany, Austria and Ireland. By logging on and registering with the web portal www.riser.eu.com, businesses can verify the addresses of potential and current customers in these countries, as the portal provides access to EU member states' individual civil registry databases. KA16(86): Review by 2011 the Public access to Environmental Information Directive; MEO: KA16(86) The review of the Directive should integrate three important factors : Climate change mitigation, social justice in Europe and a non-restricted access of the people to the environmental information. Also, the new document should take in consideration a set of recommendations coming from the Civil Society organisations, providing ideas for policy makers at EU, national and local levels to tackle the potential impact of climate change policies on the most vulnerable people in European societies and to improve the access of the citizen to the related information. Five specific recommendations relate to buildings, mobility, power generation and manufacturing, consumption and attitudes, and social protection can be considered as major requests of the European citizens. More specifically, it has been proposed that :  Social impact assessments of climate change mitigation policies should include indicators linking social justice, poverty and environmental justice, i.e. from a social justice perspective most climate change mitigation instruments such as taxes, emission trading or biofuels make some products more expensive and could 81

therefore have a disproportionate impact on low-income households’ purchasing power ; MEO: KA16(86)/cont. 

 







The use of energy should reflect its costs and impacts on the climate and the environment. However, higher energy prices will have a significant impact on people living on lower incomes. This should be taken into account in the policymaking process ; Concrete actions should be taken to address the problem of fuel and energy poverty and its health impacts at EU level ; Public transport networks should be improved to support social inclusion, access to employment, and access to consumer goods whilst reducing "last mile" delivery emissions and ensuring that those on low incomes are not worse off ; Emissions trading schemes should be expanded at the global level, but their implications for social justice should be further explored. Income generated by such schemes should be used for environmental and social purposes ; Amove to a low-carbon economy will mean higher unemployment in carbonintensive industries (located mainly in poorer EU regions). While this could be compensated by employment opportunities within low-carbon sectors, such jobs will not necessarily be accessible to low-income groups : this should be attended to ; In order to adopt more sustainable consumption patterns there should be available, accessible and acceptable practical information on low-cost, low-carbon consumption for all households, with tailored information for low-income and socially disadvantaged groups. Although now the focus is on "greener", it still demands the same consumption levels rather than emphasising the need to cut them.

KA16(87): Work with Member States and stakeholders to implement cross-border eEnvironment services, notably advanced sensor networks; MEO: KA16(87) – The implementation should take into consideration that the Security of the Environment goes hand in hand with the development and delivery of PanEuropean eGovernment Services. The involved actors should first clearly define the key issues that need to be addressed, prioritize them, and recommend appropriate policy actions. Multi-stakeholder position and proposals are vital in order to ensure a measured and perceptive solution. Also:  Base line overview of key security issues and research needs for developing secure pan-European eGovernment services;  Greater awareness of the importance of security in the development of crossborder eGovernment services;  Policy recommendations: Security guarantees required to create a trusted environment

for mobile European citizens. 82

KA16(88): Define by 2011 concrete steps in a White Paper on how to inter-connect e-Procurement capacity across the single market; KA16(89): Lead by example on open and transparent eGovernment by creating in 2010 and implementing an ambitious eCommission 2011-2015 action plan, including full electronic procurement. Member States should: KA16(90): Make eGovernment services fully interoperable, overcoming organisational, technical or semantic barriers and supporting IPv6; MEO: KA16(90) - The current trend in e-Government applications calls for joined-up services that are effective, simple to use, shaped around and responding to the needs of the Citizen, and not merely arranged for the provider’s convenience. In this way, the users need have no knowledge of – nor direct interaction with – the Government entities involved. Thus, services need to be interoperable in order to allow for data and in-formation to be exchanged and processed seamlessly across Government. Interoperability is a key issue in the development of current eGovernment services. Its role should be emphasized, not only as a technical issue concerned with linking up computer networks, but also as a fundamental requirement to share and re-use knowledge between networks, and re-organize administrative processes to better support the services themselves. The integration of services is a basic requirement of Public Administrations (PA) portals, which aim at gathering and transforming processes – needed for a particular citizen’s life event – into one single service and the corresponding back-office practices. A promising solution is offered by the “One –Stop” Government Portals, that are unified on-line Access Points, where various PAs collaborate for the provision of integrated services. Major requirements: To support citizen mobility across European countries by the integration of administrative process, based on the use of an individual smart card provided to each citizen for the storage of all personal information and documents. Services are delivered through dedicated kiosks. To build a Unitary European Network Architecture based on a middleware solution - to connect heterogeneous systems of different public administration and to enable a service-based cooperation between public administrations. To support the automation of administrative process by involving several administrations and allowing there use of data. Advantages of the proposed solution are: Providing a single Access Point to Government services via the Web, Providing citizen oriented services by means of the life event metaphor, providing the tools for collecting information from autonomous PAs, while keeping their internal processes and legacy systems intact.

83

KA16(91): Ensure that the Points of Single Contact function as fully fledged eGovernment centres beyond requirements and areas covered by the Services Directive; MEO: KA16(91) The action should focus on identifying, understanding and sharing good practices and their context. This may entail various mechanisms such as benchmarking, joint workshops, training, twinning schemes and the operation of an effective partner search mechanism across the network of PSCs. Practical initiatives to benefit cross-border audiences may also be included, such as trans-national brokerage events. The specific approach should be adapted to the nature of the theme and to the capacities and priorities of the PSCs concerned. A degree of collaboration and networking with similar projects in parallel themes – especially in the context of joint/coordinated activities in the areas covered by the Service Directive should be encouraged. Special attention should be given to helping less experienced PSCs to access the knowhow accumulated by their colleagues from other countries and to apply it in a locally relevant and efficient manner. KA16(92): Agree by 2011 on a common list of key cross-border public services that correspond to well defined needs – enabling entrepreneurs to set up and run a business anywhere in Europe independently of their original location, and allowing citizens to study, work, reside and retire anywhere in the European Union. These key services should be available online by 2015. OK – NC. ACTIONS

The Commission will: KA16(93): Increase the speed of ITS take-up, in particular for road and urban transport by, applying the proposed ITS Directive in support of interoperability and rapid standardisation; MEO: KA16(93) The priority areas for the development and use of specifications and standards to be supported by new ICT dedicated applications 1. Optimal use of road, traffic and travel data, 2. Continuity of traffic and freight management ITS services, 3. ITS road safety and security applications, 4. Linking the vehicle with the transport infrastructure. Priority actions 1. The provision of EU-wide multimodal travel information services; 2. The provision of EU-wide real-time traffic information services; 3. Data and procedures for the provision, where possible, of road safety related minimum universal traffic information free of charge to users; 4. The harmonised provision for an interoperable EU-wide eCall; (e) the provision of information services for safe and secure parking places for trucks and commercial vehicles; (f) the provision of reservation services for safe and secure parking places for trucks and commercial vehicles. 84

KA16(94): By 2010, adopt the Air Traffic Management Solutions for the Single European Sky (SESAR) deployment strategy; MEO: KA16(94) SESAR main aims are: To enable the European sky to handle three times more traffic; To ensure the safety and fluidity of air transport; To decrease environmental damage by 10%. Air Traffic Flow Management (ATFM) ATFM system provides a system-wide view for managing an entire country or region, utilizing real time end-to-end Collaborative Decision Making (CDM) to increase capacity utilization. This enables airlines to optimize operations by dynamically managing their routes and allocated slots. The new ATFM Engine (Java – based) will generate a complete framework for air situation display applications, incorporating OpenGL for high performance graphics that provide advanced display capabilities to present safety critical information to air traffic controllers.

KA16(95): Propose by 2011 a Directive for the deployment of e-Maritime services; MEO: KA16(95) The final target for the EU e-Maritime initiative is to make maritime transport: safer, more secure, more environmentally friendly more competitive by improving: knowledge, facilitating business networking dealing with externalities. The new document should recognize the critical role of ICT for productivity and innovation, and anticipating a new era of e-business solutions, based on integrated ICT systems and tools. The new Upgraded e-Maritime solutions should facilitate decision making and information exchange between different stakeholder groups involved in: Improving the safety and security of maritime transport services and assets and environmental protection. Increasing the competitiveness of the EU maritime transport industry and strengthening the EU presence on the international scene. Integrating sustainable waterborne transport services into efficient door-todoor transport services in Europe and beyond. Reinforcing the human factor particularly supporting competence development and welfare for seafarers.

85

MEO: KA16(95)/cont.

Improved Administration Domain Applications:  Common Reporting Interface including dynamic integration with Single Windows;  Integrated Maritime Surveillance for cargo and ship movements facilitating EU and national administrations to collaborate in safety, security and environmental risk management. Improved Business Domain Applications: Improved Shipping Operations; Improved Port Operations; Integration into Logistic chains; Promotion of seafaring profession.

The EU e-Maritime initiative is also closely aligned with the objectives of TEN-T programme aimed at developing an efficient trans-European transport network (TEN-T) to support the re-launched Lisbon strategy for competitiveness and employment in Europe. The TEN-T programme is the main instrument for EU financing of transport infrastructure developments including Motorways of the Sea which invariably rely on advanced ICT integration technologies. The TEN-T can therefore be seen an important route to the actual application of e-Maritime solutions in the development of the trans-European transport network. KA16(96): Propose in 2011 a Directive setting out technical specifications for Telematic applications for Rail Passenger Services. MEO: KA16(96) of "Telematics Applications For Passenger Services" of the transEuropean rail system. is to cover the definitions of procedures and interfaces between all types of actors (Passengers, Railway Undertakings, Infrastructure Managers, Station Managers, local authorities, Tour Operators and Ticket Vendors) in order to guarantee an interoperable and cost-efficient information exchange to provide an appropriate information and to issue tickets to Passengers in Europe via broadly available technologies. The Telematics Applications for Passenger Services Subsystem of the transEuropean Rail System includes the provision of information for following aspects: The TECHNICAL SCOPE

86

    

Systems providing Passenger with information before and during the Journey; Reservation and Payment systems; Luggage management; Management of connection between trains and with other modes of transport; Issuing of tickets via ticket offices or selling machines or telephone or internet or any other widely available information technology and on board trains.

Member States should: KA16(97): Fulfil their obligations under the European Rail Traffic Management System (ERTMS) deployment plan, in particular as regards the lines due to be equipped by 2015. ACTIONS

The Commission will: KA16(98): Promote the internationalisation of Internet governance and global cooperation to maintain the stability of the internet, on the basis of the multistakeholder model; MEO: KA16(98) Regarding the need for joint action at European level to develop the Future Internet, I welcome the Commission's intention to involve the Future Internet Forum (FIF) in implementing the proposals set out in the communication, in so far as it is necessary to coordinate activities at European level in order to avoid efforts being too scattered and to establish shared objectives of public interest. Given that local and regional authorities are important players in the development of the Future Internet, I feel that they should have the option of participating in the FIF, and I call on the Commission to make proposals to this end. KA16(99): Support the continuation of the Internet Governance Forum beyond 2010; OK - NC KA16(100): Work with third countries to improve international trade conditions for digital goods and services, including with regard to intellectual property rights;

MEO: KA16(100) - The ICT Theme supports activities such as the RSFF scheme, the Cordis

service, EUREKA membership, the COST Programme, cross-cutting ERA-NETs, the International Human Frontier Science Programme and the Intelligent Manufacturing Systems secretariat.

KA16(101): Seek a mandate to update international agreements in line with technological progress or, where appropriate, propose new instruments. 87

MEO: KA16(101) International cooperation aims to support European competitiveness and to jointly address, with other regions of the world, issues of common interest and mutual benefit, thereby supporting also other EU policies (sustainable development, environmental protection, disaster response, security etc). International cooperation activities should have three main objectives:  To jointly respond to major global technological challenges by developing interoperable solutions and standards;  To jointly develop ICT solutions to major global societal challenges;  To improve scientific and technological cooperation for mutual benefit. Enable Partnership building in low and middle income countries  The aim is to leapfrog from traditional promotion support action projects and launch a set of targeted research projects (STREP/SICAs) addressing at the same time technology and business model innovations. Specific technological targets could include for example low-cost technologies, intuitive user interfaces and local content provisioning.  Targeted countries: Low and middle income countries, including Africa Expected impact :  Reinforcement of strategic partnerships with selected countries and regions in areas of mutual interest and added value in jointly addressing important issues.  Reinforced international dimension of the EU ICT research programme and higher level of international cooperation with low and middle income countries in ICT R&D with a focus on areas where the EU has a comparative advantage and where there are new leadership opportunities for Europe.

88

FINAL RECOMMENDATIONS

1. The EU Civil Society should play a greater active role in the development of policy for executing the Digital Agenda and to be part of its governance structure. This could ideally be achieved by having a permanent representation in the Digital Agenda Commissioner’s Group, proposed to ensure effective policy coordination across the different policy areas. 2. The Civil Society looks forward to consultation too, in due course, on the specific Communications from the Commission regarding each detailed aspect of the Digital Agenda.

Finally, I will try to explain and to motivate my decision to not express a personal position towards some of the Key Actions included in “Digital Agenda”: 

I do not have much more to add as comments on the remaining points.



If I commented, the ideas would express bitterness created by the sad remark that the United Europe is, in fact, divided by the enormous differences in economic potential and ways of tackling and solving problems.



These points, I am sure, are relevant for 12-15 countries, but seem as distant dreams to the rest.

Again, more – and less pessimistic remarks – will be added if needed!

Marius – Eugen Opran Brussels – October 4th, 2010

89

90