EUR-Lex - 32002L0046 - EN Avis juridique important | 32002L0046 Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (Text with EEA relevance) Official Journal L 183 , 12/07/2002 P. 0051 - 0057 Directive 2002/46/EC of the European Parliament and of the Councilof 10 June 2002on the approximation of the laws of the Member States relating to food supplements(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) There is an increasing number of products marketed in the Community as foods containing concentrated sources of nutrients and presented for supplementing the intake of those nutrients from the normal diet.(2) Those products are regulated in Member States by differing national rules that may impede their free movement, create unequal conditions of competition, and thus have a direct impact on the functioning of the internal market. It is therefore necessary to adopt Community rules on those products marketed as foodstuffs.(3) An adequate and varied diet could, under normal circumstances, provide all necessary nutrients for normal development and maintenance of a healthy life in quantities which meet those established and recommended by generally acceptable scientific data. However, surveys show that this ideal situation is not being achieved for all nutrients and by all groups of the population across the Community.(4) Consumers, because of their particular lifestyles or for other reasons, may choose to supplement their intake of some nutrients through food supplements.(5) In order to ensure a high level of protection for consumers and facilitate their choice, the products that will be put on to the market must be safe and bear adequate and appropriate labelling.(6) There is a wide range of nutrients and other ingredients that might be present in food supplements including, but not limited to, vitamins, minerals, amino acids, essential fatty acids, fibre and various plants and herbal extracts.(7) As a first stage, this Directive should lay down specific rules for vitamins and minerals used as ingredients of food supplements. Food supplements containing vitamins or minerals as well as other ingredients should also be in conformity with the specific rules on vitamins and minerals laid down in this Directive.(8) Specific rules concerning nutrients, other than vitamins and minerals, or other substances with a nutritional or physiological effect used as ingredients of food supplements should be laid down at a later stage, provided that adequate and appropriate scientific data about them become available. Until such specific Community rules are adopted and without prejudice to the provisions of the Treaty, national rules concerning nutrients or other substances with nutritional or physiological effect used as ingredients of food supplements, for which no Community specific rules have been adopted, may be applicable.(9) Only vitamins and minerals normally found in, and consumed as part of, the diet should be allowed to be present in food supplements although this does not mean that their presence therein is necessary. Controversy as to the identity of those nutrients that could potentially arise should be avoided. Therefore, it is appropriate to establish a positive list of those vitamins and minerals.(10) There is a wide range of vitamin preparations and mineral substances used in the manufacture of food supplements currently marketed in some Member States that have not been evaluated by the Scientific Committee on Food and consequently are not included in the positive lists. These should be submitted to the European Food Safety Authority for urgent evaluation, as soon as appropriate files are presented by the interested parties.(11) The chemical substances used as sources of vitamins and minerals in the manufacture of food supplements should be safe and also be available to be used by the body. For this reason, a positive list of those substances should also be established. Such substances as have been approved by the Scientific Committee on Food, on the basis of the said criteria, for use in the manufacture of foods intended for infants and young children and other foods for particular nutritional uses can also be used in the manufacture of food supplements.(12) In order to keep up with scientific and technological developments it is important to revise the lists promptly, when necessary. Such revisions would be implementing measures of a technical nature and their adoption should be entrusted to the Commission in order to simplify and expedite the procedure.(13) Excessive intake of vitamins and minerals may result in adverse effects and therefore necessitate the setting of maximum safe levels for them in food supplements, as appropriate. Those levels must ensure that the normal use of the products under the instructions of use provided by the manufacturer will be safe for the consumer.(14) When maximum levels are set, therefore, account should be taken of the upper safe levels of the vitamins and minerals, as established by scientific risk assessment based on generally acceptable scientific data, and of intakes of those nutrients from the normal diet. Due account should also be taken of reference intake amounts when setting maximum levels.(15) Food supplements are purchased by consumers for supplementing intakes from the diet. In order to ensure that this aim is achieved, if vitamins and minerals are declared on the label of food supplements, they should be present in the product in a significant amount.(16) The adoption of the specific values for maximum and minimum levels for vitamins and minerals present in food supplements, based on the criteria set out in this Directive and appropriate scientific advice, would be an implementing measure and should be entrusted to the Commission.(17) General labelling provisions and definitions are contained in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(4), and do not need to be repeated. This Directive should therefore be confined to the necessary additional provisions.(18) Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs(5) does not apply to food supplements. Information relating to nutrient content in food supplements is essential for allowing the consumer who purchases them to make an informed choice and use them properly and safely. That information should, in view of the nature of those products, be confined to the nutrients actually present and be compulsory.(19) Given the particular nature of food supplements, additional means to those usually available to monitoring bodies should be available in order to facilitate efficient monitoring of those products.(20) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6),HAVE ADOPTED THIS DIRECTIVE:Article 11. This Directive concerns food supplements marketed as foodstuffs and presented as such. These products shall be delivered to the ultimate consumer only in a pre-packaged form.2. This Directive shall not apply to medicinal products as defined by Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use(7).Article 2For the purposes of this Directive:(a) "food supplements" means foodstuffs the purpose of which is to supplement the normal diet and which are concentrated sources of nutrients or other substances with a nutritional or physiological effect, alone or in combination, marketed in dose form, namely forms such as capsules, pastilles, tablets, pills and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids and powders designed to be taken in measured small unit quantities;(b) "nutrients" means the following substances:(i) vitamins,(ii) minerals.Article 3Member States shall ensure that food supplements may be marketed within the Community only if they comply with the rules laid down in this Directive.Article 41. Only vitamins and minerals listed in Annex I, in the forms listed in Annex II, may be used for the manufacture of food supplements, subject to paragraph 6.2. The purity criteria for substances listed in Annex II shall be adopted in accordance with the procedure referred to in Article 13(2), except where they apply pursuant to paragraph 3.3. Purity criteria for substances listed in Annex II, specified by Community legislation for their use in the manufacture of foodstuffs for purposes other than those covered by this Directive, shall apply.4. For those substances listed in Annex II for which purity criteria are not specified by Community legislation, and until such specifications are adopted, generally acceptable purity criteria recommended by international bodies shall be applicable and national rules setting stricter purity criteria may be maintained.5. Modifications to the lists referred to in paragraph 1 shall be adopted in accordance with the procedure referred to in Article 13(2).6. By way of derogation from paragraph 1 and until 31 December 2009, Member States may allow in their territory the use of vitamins and minerals not listed in Annex I, or in forms not listed in Annex II, provided that:(a) the substance in question is used in one or more food supplements marketed in the Community on the date of entry into force of this Directive,(b) the European Food Safety Authority has not given an unfavourable opinion in respect of the use of that substance, or its use in that form, in the manufacture of food supplements, on the basis of a dossier supporting use of the substance in question to be submitted to the Commission by the Member State not later than 12 July 2005.7. Notwithstanding paragraph 6, Member States may, in compliance with the rules of the Treaty, continue to apply existing national restrictions or bans on trade in food supplements containing vitamins and minerals not included in the list in Annex I or in the forms not listed in Annex II.8. Not later than 12 July 2007, the Commission shall submit to the European Parliament and the Council a report on the advisability of establishing specific rules, including, where appropriate, positive lists, on categories of nutrients or of substances with a nutritional or physiological effect other than those referred to in paragraph 1, accompanied by any proposals for amendment to this Directive which the Commission deems necessary.Article 51. Maximum amounts of vitamins and minerals present in food supplements per daily portion of consumption as recommended by the manufacturer shall be set, taking the following into account:(a) upper safe levels of vitamins and minerals established by scientific risk assessment based on generally accepted scientific data, taking into account, as appropriate, the varying degrees of sensitivity of different consumer groups;(b) intake of vitamins and minerals from other dietary sources.2. When the maximum levels referred to in paragraph 1 are set, due account should also be taken of reference intakes of vitamins and minerals for the population.3. To ensure that significant amounts of vitamins and minerals are present in food supplements, minimum amounts per daily portion of consumption as recommended by the manufacturer shall be set, as appropriate.4. The maximum and minimum amounts of vitamins and minerals referred to in paragraphs 1, 2 and 3 shall be adopted in accordance with the procedure referred to in Article 13(2).Article 61. For the purposes of Article 5(1) of Directive 2000/13/EC, the name under which products covered by this Directive are sold shall be "food supplement".2. The labelling, presentation and advertising must not attribute to food supplements the property of preventing, treating or curing a human disease, or refer to such properties.3. Without prejudice to Directive 2000/13/EC, the labelling shall bear the following particulars:(a) the names of the categories of nutrients or substances that characterise the product or an indication of the nature of those nutrients or substances;(b) the portion of the product recommended for daily consumption;(c) a warning not to exceed the stated recommended daily dose;(d) a statement to the effect that food supplements should not be used as a substitute for a varied diet;(e) a statement to the effect that the products should be stored out of the reach of young children.Article 7The labelling, presentation and advertising of food supplements shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients in general.Rules for implementing this Article may be specified in accordance with the procedure referred to in Article 13(2).Article 81. The amount of the nutrients or substances with a nutritional or physiological effect present in the product shall be declared on the labelling in numerical form. The units to be used for vitamins and minerals shall be those specified in Annex I.Rules for implementing this paragraph may be specified in accordance with the procedure referred to in Article 13(2).2. The amounts of the nutrients or other substances declared shall be those per portion of the product as recommended for daily consumption on the labelling.3. Information on vitamins and minerals shall also be expressed as a percentage of the reference values mentioned, as the case may be, in the Annex to Directive 90/496/EEC.Article 91. The declared values mentioned in Article 8(1) and (2) shall be average values based on the manufacturer's analysis of the product.Further rules for implementing this paragraph with regard in particular to the differences between the declared values and those established in the course of official checks shall be decided upon in accordance with the procedure referred to in Article 13(2).2. The percentage of the reference values for vitamins and minerals mentioned in Article 8(3) may also be given in graphical form.Rules for implementing this paragraph may be adopted in accordance with the procedure referred to in Article 13(2).Article 10To facilitate efficient monitoring of food supplements, Member States may require the manufacturer or the person placing the product on the market in their territory to notify the competent authority of that placing on the market by forwarding it a model of the label used for the product.Article 111. Without prejudice to Article 4(7), Member States shall not, for reasons related to their composition, manufacturing specifications, presentation or labelling, prohibit or restrict trade in products referred to in Article 1 which comply with this Directive and, where appropriate, with Community acts adopted in implementation of this Directive.2. Without prejudice to the Treaty, in particular Articles 28 and 30 thereof, paragraph 1 shall not affect national provisions which are applicable in the absence of Community acts adopted under this Directive.Article 121. Where a Member State, as a result of new information or of a reassessment of existing information made since this Directive or one of the implementing Community acts was adopted, has detailed grounds for establishing that a product referred to in Article 1 endangers human health though it complies with the said Directive or said acts, that Member State may temporarily suspend or restrict application of the provisions in question within its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its decision.2. The Commission shall examine as soon as possible the grounds adduced by the Member State concerned and shall consult the Member States within the Standing Committee on the Food Chain and Animal Health, and shall then deliver its opinion without delay and take appropriate measures.3. If the Commission considers that amendments to this Directive or to the implementing Community acts are necessary in order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure referred to in Article 13(2) with a view to adopting those amendments. The Member State that has adopted safeguard measures may in that event retain them until the amendments have been adopted.Article 131. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Regulation (EC) No 178/2002(8) (hereinafter referred to as "the Committee").2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 14Provisions that may have an effect upon public health shall be adopted after consultation with the European Food Safety Authority.Article 15Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 July 2003. They shall forthwith inform the Commission thereof.Those laws, regulations and administrative provisions shall be applied in such a way as to:(a) permit trade in products complying with this Directive, from 1 August 2003 at the latest;(b) prohibit trade in products which do not comply with the Directive, from 1 August 2005 at the latest.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be adopted by the Member States.Article 16This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 17This Directive is addressed to the Member States.Done at Luxembourg, 10 June 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué I Camps(1) OJ C 311 E, 31.10.2000, p. 207 andC 180 E, 26.6.2001, p. 248.(2) OJ C 14, 16.1.2001, p. 42.(3) Opinion of the European Parliament of 14 February 2001 (OJ C 276, 1.10.2001, p. 126), Council Common Position of 3 December 2001 (OJ C 90 E, 16.4.2002, p. 1) and Decision of the European Parliament of 13 March 2002. Council Decision of 30 May 2002.(4) OJ L 109, 6.5.2000, p. 29.(5) OJ L 276, 6.10.1990, p. 40.(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 311, 28.11.2001, p. 67.(8) OJ L 31, 1.2.2002, p. 1.ANNEX IVitamins and minerals which may be used in the manufacture of food supplements1. VitaminsVitamin A (μg RE)Vitamin D (μg)Vitamin E (mg α-TE)Vitamin K (μg)Vitamin B1 (mg)Vitamin B2 (mg)Niacin (mg NE)Pantothenic acid (mg)Vitamin B6 (mg)Folic acid (μg)Vitamin B12 (μg)Biotin (μg)Vitamin C (mg)2. MineralsCalcium (mg)Magnesium (mg)Iron (mg)Copper (μg)Iodine (μg)Zinc (mg)Manganese (mg)Sodium (mg)Potassium (mg)Selenium (μg)Chromium (μg)Molybdenum (μg)Fluoride (mg)Chloride (mg)Phosphorus (mg)ANNEX IIVitamin and mineral substances which may be used in the manufacture of food supplementsA. Vitamins1. VITAMIN A(a) retinol(b) retinyl acetate(c) retinyl palmitate(d) beta-carotene2. VITAMIN D(a) cholecalciferol(b) ergocalciferol3. VITAMIN E(a) D-alpha-tocopherol(b) DL-alpha-tocopherol(c) D-alpha-tocopheryl acetate(d) DL-alpha-tocopheryl acetate(e) D-alpha-tocopheryl acid succinate4. VITAMIN K(a) phylloquinone (phytomenadione)5. VITAMIN B1(a) thiamin hydrochloride(b) thiamin mononitrate6. VITAMIN B2(a) riboflavin(b) riboflavin 5'-phosphate, sodium7. NIACIN(a) nicotinic acid(b) nicotinamide8. PANTOTHENIC ACID(a) D-pantothenate, calcium(b) D-pantothenate, sodium(c) dexpanthenol9. VITAMIN B6(a) pyridoxine hydrochloride(b) pyridoxine 5'-phosphate10. FOLIC ACID(a) pteroylmonoglutamic acid11. VITAMIN B12(a) cyanocobalamin(b) hydroxocobalamin12. BIOTIN(a) D-biotin13. VITAMIN C(a) L-ascorbic acid(b) sodium-L-ascorbate(c) calcium-L-ascorbate(d) potassium-L-ascorbate(e) L-ascorbyl 6-palmitateB. Mineralscalcium carbonatecalcium chloridecalcium salts of citric acidcalcium gluconatecalcium glycerophosphatecalcium lactatecalcium salts of orthophosphoric acidcalcium hydroxidecalcium oxidemagnesium acetatemagnesium carbonatemagnesium chloridemagnesium salts of citric acidmagnesium gluconatemagnesium glycerophosphatemagnesium salts of orthophosphoric acidmagnesium lactatemagnesium hydroxidemagnesium oxidemagnesium sulphateferrous carbonateferrous citrateferric ammonium citrateferrous gluconateferrous fumarateferric sodium diphosphateferrous lactateferrous sulphateferric diphosphate (ferric pyrophosphate)ferric saccharateelemental iron (carbonyl+electrolytic+hydrogen reduced)cupric carbonatecupric citratecupric gluconatecupric sulphatecopper lysine complexsodium iodidesodium iodatepotassium iodidepotassium iodatezinc acetatezinc chloridezinc citratezinc gluconatezinc lactatezinc oxidezinc carbonatezinc sulphatemanganese carbonatemanganese chloridemanganese citratemanganese gluconatemanganese glycerophosphatemanganese sulphatesodium bicarbonatesodium carbonatesodium chloridesodium citratesodium gluconatesodium lactatesodium hydroxidesodium salts of orthophosphoric acidpotassium bicarbonatepotassium carbonatepotassium chloridepotassium citratepotassium gluconatepotassium glycerophosphatepotassium lactatepotassium hydroxidepotassium salts of orthophosphoric acidsodium selenatesodium hydrogen selenitesodium selenitechromium (III) chloridechromium (III) sulphateammonium molybdate (molybdenum (VI))sodium molybdate (molybdenum (VI))potassium fluoridesodium fluoride

Summary: Ensuring safe food supplements in the EU Ensuring safe food supplements in the EU SUMMARY OF: Directive 2002/46/EC — food supplements SUMMARY WHAT DOES THIS DIRECTIVE DO? It harmonises rules on food supplements* to protect consumers from potential health risks and to ensure that they are not provided with misleading information. KEY POINTS The law lays down a harmonised list of vitamins and minerals that may be used to make food supplements. Manufacturers recommend maximum and minimum levels of daily consumption. Food supplements must not be labelled, presented or advertised as being able to prevent, treat or cure a disease. Nor should it be suggested that a balanced and varied diet cannot provide appropriate quantities of nutrients. Labels must give details of: the nutrients and substances that the foodstuffs contain; recommended daily consumption with a warning as to not exceed that dose; and advice to store the product out of reach of young children. National authorities may require that manufacturers notify them by providing a copy of the label when they place a product on the market. National authorities may suspend or restrict the sale of a supplement if they believe that it could endanger human health. They immediately inform the European Commission and all countries in the European Economic Area – an area comprising the 28 EU countries (1), Iceland, Liechtenstein and Norway in which there is free movement of persons, goods, services and capital. The legislation does not apply to medicinal products. In addition: Regulation (EU) No 609/2013 lays down rules on the content and accompanying information of baby formula, processed cereal-based food, baby food, food for special medical purposes and total diet replacement for weight control; Regulation (EC) No 1924/2006 harmonises rules on nutrition and health claims for food sold to the public, including food supplied to restaurants, hospitals, schools, canteens and other mass caterers; Regulation (EC) No 1925/2006 harmonises rules on the addition of vitamins, minerals and certain other substances to food. FROM WHEN DOES THE DIRECTIVE APPLY? It entered into force on 12 July 2002. EU countries had to incorporate it into national law by 31 July 2003. BACKGROUND Food supplements European Food Safety Agency KEY TERM * Food supplements: concentrated sources of nutrients or other substances with nutritional or physiological benefits to supplement a normal diet. They may be sold as capsules, lozenges, tablets and sachets or in bottles. ACT Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, pp. 51-57) Successive amendments and corrections to Directive 2002/46/EC have been incorporated into the basic text. This consolidated version is of documentary value only. RELATED ACTS Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, pp. 35-56) Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, pp. 9-25). See consolidated version. Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (OJ L 404, 30.12.2006, pp. 26-38). See consolidated version. last update 03.02.2016(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.


EUR-Lex - 32002R0733 - EN Avis juridique important | 32002R0733 Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain (Text with EEA relevance) Official Journal L 113 , 30/04/2002 P. 0001 - 0005 Regulation (EC) No 733/2002 of the European Parliament and of the Councilof 22 April 2002on the implementation of the.eu Top Level Domain(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 156 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Following consultation of the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The creation of the.eu Top Level Domain (TLD) is included as one of the targets to accelerate electronic commerce in the e-Europe initiative as endorsed by the European Council at its meeting in Lisbon on 23 and 24 March 2000.(2) The communication from the Commission to the Council and the European Parliament on the organisation and management of the Internet refers to the creation of the.eu TLD and the Council resolution of 3 October 2000 on the organisation and management of the Internet(4) charges the Commission to encourage the coordination of policies in relation to the management of the Internet.(3) TLDs are an integral part of the Internet infrastructure. They are an essential element of the global interoperability of the World Wide Web ("WWW" or "the Web"). The connection and presence permitted by the allocation of domain names and the related addresses allow users to locate computers and websites on the Web. TLDs are also an integral part of every Internet e-mail address.(4) The.eu TLD should promote the use of, and access to, the Internet networks and the virtual market place based on the Internet, in accordance with Article 154(2) of the Treaty, by providing a complementary registration domain to existing country code Top Level Domains (ccTLDs) or global registration in the generic Top Level Domains, and should in consequence increase choice and competition.(5) The.eu TLD should improve the interoperability of trans-European networks, in accordance with Articles 154 and 155 of the Treaty, by ensuring the availability of.eu name servers in the Community. This will affect the topology and technical infrastructure of the Internet in Europe which will benefit from an additional set of name servers in the Community.(6) Through the.eu TLD, the Internal market should acquire higher visibility in the virtual market place based on the Internet. The.eu TLD should provide a clearly identified link with the Community, the associated legal framework, and the European market place. It should enable undertakings, organisations and natural persons within the Community to register in a specific domain which will make this link obvious. As such, the.eu TLD will not only be a key building block for electronic commerce in Europe but will also support the objectives of Article 14 of the Treaty.(7) The.eu TLD can accelerate the benefits of the information society in Europe as a whole, play a role in the integration of future Member States into the European Union, and help combat the risk of digital divide with neighbouring countries. It is therefore to be expected that this Regulation will be extended to the European Economic Area and that amendments may be sought to the existing arrangements between the European Union and European third countries, with a view to accommodating the requirements of the.eu TLD so that entities in those countries may participate in it.(8) This Regulation is without prejudice to Community law in the field of personal data protection. This Regulation should be implemented in compliance with the principles relating to privacy and the protection of personal data.(9) Internet management has generally been based on the principles of non-interference, self-management and self-regulation. To the extent possible and without prejudice to Community law, these principles should also apply to the.eu ccTLD. The implementation of the.eu TLD may take into consideration best practices in this regard and could be supported by voluntary guidelines or codes of conduct where appropriate.(10) The establishment of the.eu TLD should contribute to the promotion of the European Union image on the global information networks and bring an added value to the Internet naming system in addition to the national ccTLDs.(11) The objective of this Regulation is to establish the conditions of implementation of the.eu TLD, to provide for the designation of a Registry and establish the general policy framework within which the Registry will function. National ccTLDs are not covered by this Regulation.(12) The Registry is the entity charged with the organisation, administration and management of the.eu TLD, including maintenance of the corresponding databases and the associated public query services, the accreditation of Registrars, the registration of domain names applied for by accredited Registrars, the operation of the TLD name servers and the dissemination of TLD zone files. Public query services associated with the TLD are referred to as "Who is" queries. "Who is"-type databases should be in conformity with Community law on data protection and privacy. Access to these databases provides information on a domain name holder and is an essential tool in boosting user confidence.(13) After publishing a call for expressions of interest in the Official Journal of the European Communities, the Commission should, on the basis of an open, transparent and non-discriminatory selection procedure, designate a Registry. The Commission should enter into a contract with the selected Registry which should specify the conditions applying to the Registry for the organisation, administration and management of the.eu TLD and which should be limited in time and renewable.(14) The Commission, acting on behalf of the Community, has requested the delegation of the EU code for the purpose of creating an Internet ccTLD. On 25 September 2000, the Internet Corporation for Assigned Names and Numbers (ICANN) issued a resolution providing that "alpha-2 codes are delegable as ccTLDs only in cases where the ISO 3166 Maintenance Agency, on its exceptional reservation list, has issued a reservation of the code that covers any application of ISO 3166-1 that needs a coded representation in the name of the country, territory or area involved". Such conditions are met by the EU code which is therefore "delegable" to the Community.(15) ICANN is at present responsible for coordinating the delegation of codes representing ccTLD to Registries. The Council resolution of 3 October 2000 encourages the implementation of the principles applied to ccTLD Registries adopted by the Governmental Advisory Committee (GAC). The Registry should enter into a contract with ICANN respecting the GAC principles.(16) The adoption of a public policy addressing speculative and abusive registration of domain names should provide that holders of prior rights recognised or established by national and/or Community law and public bodies will benefit from a specific period of time (a "sunrise period") during which the registration of their domain names is exclusively reserved to such holders of prior rights recognised or established by national and/or Community law and public bodies.(17) Domain names should not be revoked arbitrarily. A revocation may, however, be obtained in particular should a domain name be manifestly contrary to public order. The revocation policy should nevertheless provide for a timely and efficient mechanism.(18) Rules should be adopted on the question of bona vacantia to address the status of domain names the registration of which is not renewed or which, for example because of succession law, are left without holder.(19) The new.eu TLD registry should not be empowered to create second-level domains using alpha-2 codes representing countries.(20) Within the framework established by this Regulation, the public policy rules concerning the implementation and functions of the.eu TLD and the public policy principles on registration, various options including the "first come, first served" method should be considered when registration policy is formulated.(21) When reference is made to interested parties, provision should be made for consultation encompassing, in particular, public authorities, undertakings, organisations and natural persons. The Registry could establish an advisory body to organise such consultation.(22) The measures necessary for the implementation of this Regulation, including criteria for the selection procedure of the Registry, the designation of the Registry, as well as the adoption of public policy rules, should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(23) Since the objective of the proposed action, namely to implement the.eu TLD, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,HAVE ADOPTED THIS REGULATION:Article 1Objective and scope1. The objective of this Regulation is to implement the.eu country code Top Level Domain (ccTLD) within the Community. The Regulation sets out the conditions for such implementation, including the designation of a Registry, and establishes the general policy framework within which the Registry will function.2. This Regulation shall apply without prejudice to arrangements in Member States regarding national ccTLDs.Article 2DefinitionsFor the purposes of this Regulation:(a) "Registry" means the entity entrusted with the organisation, administration and management of the.eu TLD including maintenance of the corresponding databases and the associated public query services, registration of domain names, operation of the Registry of domain names, operation of the Registry TLD name servers and dissemination of TLD zone files;(b) "Registrar" means a person or entity that, via contract with the Registry, provides domain name registration services to registrants.Article 3Characteristics of the Registry1. The Commission shall:(a) establish, in accordance with the procedure referred to in Article 6(3), the criteria and the procedure for the designation of the Registry;(b) designate, in accordance with the procedure referred to in Article 6(2), the Registry after publishing a call for expressions of interest in the Official Journal of the European Communities and after the procedure for such call has been completed;(c) enter into, in accordance with the procedure referred to in Article 6(2), a contract which shall specify the conditions according to which the Commission supervises the organisation, administration and management of the.eu TLD by the Registry. The contract between the Commission and the Registry shall be limited in time and renewable.The Registry may not accept registrations until the registration policy is in place.2. The Registry shall be a non-profit organisation, formed in accordance with the law of a Member State and having its registered office, central administration and principal place of business within the Community.3. Having obtained the prior consent of the Commission, the Registry shall enter into the appropriate contract providing for the delegation of the.eu ccTLD code. To this effect the relevant principles adopted by the Governmental Advisory Committee shall be taken into account.4. The.eu TLD Registry shall not act itself as Registrar.Article 4Obligations of the Registry1. The Registry shall observe the rules, policies and procedures laid down in this Regulation and the contracts referred to in Article 3. The Registry shall observe transparent and non-discriminatory procedures.2. The Registry shall:(a) organise, administer and manage the.eu TLD in the general interest and on the basis of principles of quality, efficiency, reliability and accessibility;(b) register domain names in the.eu TLD through any accredited.eu Registrar requested by any:(i) undertaking having its registered office, central administration or principal place of business within the Community, or(ii) organisation established within the Community without prejudice to the application of national law, or(iii) natural person resident within the Community;(c) impose fees directly related to costs incurred;(d) implement the extra-judicial settlement of conflicts policy based on recovery of costs and a procedure to resolve promptly disputes between domain name holders regarding rights relating to names including intellectual property rights as well as disputes in relation to individual decisions by the Registry. This policy shall be adopted in accordance with Article 5(1) and take into consideration the recommendations of the World Intellectual Property Organisation. The policy shall provide adequate procedural guaranties for the parties concerned, and shall apply without prejudice to any court proceeding;(e) adopt procedures for, and carry out, accreditation of.eu Registrars and ensure effective and fair conditions of competition among.eu Registrars;(f) ensure the integrity of the databases of domain names.Article 5Policy framework1. After consulting the Registry and following the procedure referred to in Article 6(3), the Commission shall adopt public policy rules concerning the implementation and functions of the.eu TLD and the public policy principles on registration. Public policy shall include:(a) an extra-judicial settlement of conflicts policy;(b) public policy on speculative and abusive registration of domain names including the possibility of registrations of domain names in a phased manner to ensure appropriate temporary opportunities for the holders of prior rights recognised or established by national and/or Community law and for public bodies to register their names;(c) policy on possible revocation of domain names, including the question of bona vacantia,(d) issues of language and geographical concepts;(e) treatment of intellectual property and other rights.2. Within three months of the entry into force of this Regulation, Member States may notify to the Commission and to the other Member States a limited list of broadly-recognised names with regard to geographical and/or geopolitical concepts which affect their political or territorial organisation that may either:(a) not be registered, or(b) be registered only under a second level domain according to the public policy rules.The Commission shall notify to the Registry without delay the list of notified names to which such criteria apply. The Commission shall publish the list at the same time as it notifies the Registry.Where a Member State or the Commission within 30 days of publication raises an objection to an item included in a notified list, the Commission shall take measures, in accordance with the procedure referred to in Article 6(3), to remedy the situation.3. Before starting registration operations, the Registry shall adopt the initial registration policy for the.eu TLD in consultation with the Commission and other interested parties. The Registry shall implement in the registration policy the public policy rules adopted pursuant to paragraph 1 taking into account the exception lists referred to in paragraph 2.4. The Commission shall periodically inform the Committee referred to in Article 6 on the activities referred to in paragraph 3 of this Article.Article 6Committee1. The Commission shall be assisted by the Communications Committee established by Article 22(1) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(6). Until the Communications Committee is established pursuant to Decision 1999/468/EC, the Commission shall be assisted by the Committee established by Article 9 of Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunication services through the implementation of open network provision(7).2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.4. The Committee shall adopt its rules of procedure.Article 7Reservation of rightsThe Community shall retain all rights relating to the.eu TLD including, in particular, intellectual property rights and other rights to the Registry databases required to ensure the implementation of this Regulation and the right to re-designate the Registry.Article 8Implementation reportThe Commission shall submit a report to the European Parliament and the Council on the implementation, effectiveness and functioning of the.eu TLD one year after the adoption of this Regulation and thereafter every two years.Article 9Entry into forceThis Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Luxembourg, 22 April 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentM. Arias Cañete(1) OJ C 96 E, 27.3.2001, p. 333.(2) OJ C 155, 29.5.2001, p. 10.(3) Opinion of the European Parliament of 4 July 2001 (OJ C 65 E, 14.3.2002, p. 147), Council Common Position of 6 November 2001 (OJ C 45 E, 19.2.2002, p. 53) and Decision of the European Parliament of 28 February 2002 (not yet published in the Official Journal). Council Decision of 25 March 2002.(4) OJ C 293, 14.10.2000, p. 3.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 108, 24.4.2002, p. 33.(7) OJ L 192, 24.7.1990, p. 1. Directive as last amended by Directive 97/51/EC of the European Parliament and of the Council (OJ L 295, 29.10.1997, p. 23).

Summary: The .eu top-level domain (until 2022) The .eu top-level domain (until 2022) SUMMARY OF: Regulation (EC) 733/2002 — on the implementation of the .eu top level domain WHAT IS THE AIM OF THE REGULATION? It establishes how the ‘.eu’ internet address suffix, known as the top-level domain (TLD) is implemented. In particular, the regulation provides for a registry to be set up and establishes the general rules for the functioning of this registry. KEY POINTS The ‘.eu’ top-level internet domain gives the EU its own internet identity. It aims to boost the visibility of the EU on the internet, increase users' choice of domain names and promote the development of electronic commerce within the internal market. The creation of the ‘.eu’ TLD is one of the objectives set out in the eEurope 2002 action plan in order to accelerate electronic commerce and promote the use of the internet. The ‘.eu’ domain is additional to those which already exist within the EU, it does not replace them. It gives users the option of having a pan-European internet identity (mainly website or e-mail addresses). Objectives The implementation of the ‘.eu’ TLD addresses several objectives: to promote the use of internet networks and increase users' choice by providing an alternative to existing country code top-level domains (e.g. ‘.fr’ for France or ‘.it’ for Italy) or global generic top-level domains (e.g. ‘.com’, ‘.net’); to improve the interoperability of trans-European servers (i.e. their ability to operate with one another and exchange and make use of information) by ensuring the availability of .eu name servers in the EU; to increase the visibility of the EU internal market on the world network and promote the image of the EU on global information networks. Registry The registry is run by a non-governmental organisation under a contract with the European Commission.It has the following tasks: register domain names in the .eu TLD, through accredited .eu registrars, for companies, organisations or individuals established or resident in the EU; adopt the registration policy for the .eu TLD in consultation with the Commission and other interested parties, in accordance with public policy rules; impose fees directly related to the costs incurred; implement the out-of-court conflict settlements policy to resolve any disputes over domain names or registry decisions; adopt and implement procedures for the accreditation of .eu registrars; ensure the integrity of the databases of domain names. Policy rules The Commission is responsible for adopting the public policy rules concerning the implementation and functions of the .eu TLD and the public policy principles on registration. These rules include in particular: an out-of-court conflict settlement policy; public policy on speculative and abusive registration of domain names; a policy on possible revocation of domain names; issues of language and geographical concepts; treatment of intellectual property and other rights. Reservation of rights The EU retains all rights relating to the ‘.eu’ TLD including, in particular, intellectual property rights and other rights to the registry databases. Implementation The Commission must submit a report to the European Parliament and the Council on the implementation, effectiveness and functioning of the .eu TLD every two years. Repeal Regulation (EC) No 733/2002 has been repealed by Regulation (EU) 2019/517 on the .eu top-level domain. Regulation (EC) No 733/2002 will be in force until 12 October 2022. FROM WHEN DOES THE REGULATION APPLY? It has applied since 30 April 2002. BACKGROUND In April 2016, the .eu TLD celebrated its 10th anniversary. For more information, see The top-level domain .eu (European Commission). MAIN DOCUMENT Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain (OJ L 113, 30.4.2002, pp. 1-5) Subsequent amendments to Regulation (EC) No 733/2002 have been incorporated into the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and functioning of the .eu top-level domain name and amending and repealing Regulation (EC) No 733/2002 and repealing Commission Regulation (EC) No 874/2004 (OJ L 91, 29.3.2019, pp. 25-35) Report from the Commission to the European Parliament and the Council on the implementation, functioning and effectiveness of the .eu Top-Level Domain (COM/2017/0725 final of 4.12.2017) Report from the Commission to the European Parliament and the Council on the implementation, functioning and effectiveness of the .eu Top-Level Domain (COM(2015) 680 final of 18.12.2015) Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration (OJ L 162, 30.4.2004, pp. 40-50). See consolidated version. last update 29.08.2019


EUR-Lex - 32003G0118(03) - EN Avis juridique important | 32003G0118(03) Council Resolution of 19 December 2002 on interactive media content in Europe Official Journal C 013 , 18/01/2003 P. 0008 - 0009 Council Resolutionof 19 December 2002on interactive media content in Europe(2003/C 13/04)THE COUNCIL OF THE EUROPEAN UNION,1. NOTES the extensive use of interactive media especially among the younger generations whose everyday life, conditions and education are increasingly influenced by computers, Internet and mobile communication services.2. NOTES that the skills required in the information society are changing from passive reception of knowledge to active exploration and problem solving.3. NOTES that interactive media can play an important role for individual enlightenment, innovation in the public and private sector and cultural diversity. The cultural and linguistic diversity in Europe can and should manifest itself in the interactive media content of the future for the benefit of the continued development of cultures in Europe.4. NOTES that creative interactive media content at both a European and a global level constitute an important and growing market.5. RECALLS the strategic goal set by the European Council in Lisbon on 23 and 24 March 2000 that the European Union should "become the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion".6. RECALLS that the Council on several occasions has stressed the importance of the creative industries - most recently the Council Resolution of 25 June 2002 on a new work plan on European cooperation in the field of culture(1) includes as priority topics encouragement to the development of cultural and creative industries in the Community and development and promotion of mobility of persons and circulation of works in the cultural sector.7. WELCOMES the relevant studies and activities already under way in the Community as well as at Member State level.8. STRESSES THE IMPORTANCE in the light of the development of the knowledge society and the development of cultural and creative industries to ensure quality in the content for the new media by combining artistic freedom, creativity, innovation as well as cultural and linguistic diversity. This is a cultural and audiovisual policy challenge that can also be viewed in connection with an industrial policy objective of promoting innovation and securing European businesses a fair share of the market for interactive media content.9. STRESSES THE IMPORTANCE of consumer protection and youth protection in this context as well as the need to promote access of all citizens to interactive media.10. CONSIDERS that because interactive media content is a growth sector with wide-ranging cultural and media policy perspectives but still largely at an initial stage when it comes to investments and revenues, there is a need for a stronger focus within both public and private sectors on such content as a new cultural, audiovisual and business phenomenon.11. RECOGNISES that the European interactive media content industries have a large development potential, contain a high proportion of small and medium sized companies and need to attract finance to underpin their potential.12. RECOGNISES the importance of public service broadcasters for the development of interactive media content.13. CONSIDERS that in order to combine cultural diversity and a coherent and integrated European market for interactive cultural content it would be advantageous to focus inter alia on:- frameworks for transnational European networks of professionals contributing to the diffusion of successes, experiences and development of competence within the interactive media content industries in Europe,- availability and adequacy of financing for the development of creative interactive media content in order to strengthen the market position of European interactive media content producers,- distribution and marketing of European interactive media content.14. INVITES Member States and the Commission, according to their respective competences, to:- collect information and experience as well as monitor the development of interactive media content production,- consider if on the basis of national experiences and actions there is need for initiatives to exchange good practice about the cultural, economic and social dimension of interactive media content,- consider how interactive media content industries could benefit from enhanced possibilities to network in order to promote competence development,- consider if interactive content poses specific challenges for existing national or Community actions within development, distribution and marketing,- consider how interactive media content should be used for promoting and disseminating the cultural and linguistic diversity of Europe,- consider how the interests of consumers, in particular of young people, are to be taken into account.15. INVITES the Commission to consider the cultural, linguistic and economic challenges that interactive media content poses at European level and to assess if there is need for adjusted, supplementary or new Community actions to ensure the cultural diversity and the economic development of the sector.(1) OJ C 162, 6.7.2002, p. 5.

Summary: Interactive media content in Europe Interactive media content in Europe Interactive content has a large potential in terms of cultural, linguistic and economic development. This Resolution aims at creating the best conditions to ensure the economic development of this sector and, at the same time, promote cultural and linguistic diversity in Europe. ACT Council Resolution of 19 December 2002 on interactive media content in Europe. [Official Journal C 13, 18.1.2003]. SUMMARY The sector of interactive media content is a growth sector which offers broad prospects for cultural and media policy. However, as it is still largely at an initial stage when it comes to investments and revenues, there is a need for a stronger focus on such content. The use of interactive media is expanding, especially among the younger generations. Computers, Internet and mobile communication services play an increasing role in schools and everyday life. Interactive media can play an important role in individual learning, innovation and cultural diversity. Ensuring cultural diversity Cultural and linguistic diversity in Europe should manifest itself in the interactive media content of the future for the benefit of the development of culture in Europe. In order to combine cultural diversity and a coherent and integrated European market for interactive cultural content, it would be advantageous to focus on: frameworks for transnational European networks of professionals contributing to the dissemination of best practices, the exchange of experience and the development of competence within the interactive media content industries in Europe; availability of adequate financing to develop creative interactive media content; distribution and marketing of European interactive media content. Underpinning development In light of the development of the European interactive content market, particular attention should be attached to: ensuring content quality for the new media by combining artistic freedom, creativity, innovation and cultural and linguistic diversity; paying particular attention to consumer protection and youth protection; promoting access to interactive media for all citizens; taking the necessary action so that more attention is paid within both public and private sectors to interactive media content to attract investments. Action to be undertaken In particular, Member States and the Commission are invited to: study how interactive media content industries could benefit from the creation of networks to promote competence development; consider whether interactive content poses specific challenges for existing national or Community actions within development, distribution and marketing; study how interactive media content should be used to promote and disseminate cultural and linguistic diversity in Europe; study how the interests of consumers, in particular of young people, are to be taken into account. The Commission is also asked to: assess the cultural, linguistic and economic challenges posed by interactive media content; consider if there is need for adjusted, supplementary or new Community actions to ensure the cultural diversity and the economic development of the sector. Background This Resolution on interactive media content in Europe is part of the Lisbon strategy, which set the objective for Europe to become "the most competitive and dynamic knowledge-based economy in the world". The Council has stressed, on several occasions, the importance of the creative industries for achieving this objective - most recently in a 2002 Council Resolution on a new work plan on European cooperation in the field of culture (PDF). The work plan includes, in particular, promoting the development of cultural and creative industries in the Community and the mobility of persons and circulation of works in the cultural sector. RELATED ACTS Council Resolution of 25 June 2002 on a new work plan on European cooperation in the field of culture (OJ C 162, 6.7.2002). Last updated: 01.09.2006


EUR-Lex - 32002D0676 - EN Avis juridique important | 32002D0676 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) Official Journal L 108 , 24/04/2002 P. 0001 - 0006 Decision No 676/2002/EC of the European Parliament and of the Councilof 7 March 2002on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3).Whereas:(1) On 10 November 1999 the Commission presented a communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions proposing the next steps in radio spectrum policy on the basis of the results of the public consultation on the Green Paper on radio spectrum policy in the context of European Community policies such as telecommunications, broadcasting, transport and research and development (R & D). This Communication was welcomed by the European Parliament in a Resolution of 18 May 2000(4). It should be emphasised that a certain degree of further harmonisation of Community policy on the radio spectrum is desirable for services and applications, in particular for services and applications with Community or European coverage, and that it is necessary to ensure that the Member States make applicable in the required manner certain decisions of the European Conference of Postal and Telecommunications Administrations (CEPT).(2) A policy and legal framework therefore needs to be created in the Community in order to ensure coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas, such as electronic communications, transport and R & D. The policy approach with regard to the use of radio spectrum should be coordinated and, where appropriate, harmonised at Community level, in order to fulfil Community policy objectives efficiently. Community coordination and harmonisation may also help achieving harmonisation and coordination of the use of the radio spectrum at global level in certain cases. At the same time, appropriate technical support can be provided at national level.(3) Radio spectrum policy in the Community should contribute to freedom of expression, including freedom of opinion and freedom to receive and disseminate information and ideas, irrespective of borders, as well as freedom and plurality of the media.(4) This Decision is based on the principle that, where the European Parliament and the Council have agreed on a Community policy which depends on radio spectrum, committee procedures should be used for the adoption of accompanying technical implementing measures. Technical implementing measures should specifically address harmonised conditions with regard to the availability and efficient use of radio spectrum, as well as the availability of information related to the use of radio spectrum. The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(5) Any new Community policy initiative depending on radio spectrum should be agreed by the European Parliament and the Council as appropriate, on the basis of a proposal from the Commission. Without prejudice to the right of initiative of the Commission, this proposal should include, inter alia, information on the impact of the envisaged policy on existing spectrum user communities as well as indications regarding any general radio frequency reallocation that this new policy would require.(6) For the development and adoption of technical implementing measures and with a view to contributing to the formulation, preparation and implementation of Community radio spectrum policy, the Commission should be assisted by a committee, to be called the Radio Spectrum Committee, composed of representatives of the Member States and chaired by a representative of the Commission. The Committee should consider proposals for technical implementing measures related to radio spectrum. These may be drafted on the basis of discussions in the Committee and may in specific cases require technical preparatory work by national authorities responsible for radio spectrum management. Where committee procedures are used for the adoption of technical implementing measures, the Committee should also take into account the views of the industry and of all users involved, both commercial and non-commercial, as well as of other interested parties, on technological, market and regulatory developments which may affect the use of radio spectrum. Radio spectrum users should be free to provide all input they believe is necessary. The Committee may decide to hear representatives of radio spectrum user communities at its meetings where necessary to illustrate the situation in a particular sector.(7) Where it is necessary to adopt harmonisation measures for the implementation of Community policies which go beyond technical implementing measures, the Commission may submit to the European Parliament and to the Council a proposal on the basis of the Treaty.(8) Radio spectrum policy cannot be based only on technical parameters but also needs to take into account economic, political, cultural, health and social considerations. Moreover, the ever increasing demand for the finite supply of available radio spectrum will lead to conflicting pressures to accommodate the various groups of radio spectrum users in sectors such as telecommunications, broadcasting, transport, law enforcement, military and the scientific community. Therefore, radio spectrum policy should take into account all sectors and balance the respective needs.(9) This Decision should not affect the right of Member States to impose restrictions necessary for public order and public security purposes and defence. Where a technical implementing measure would affect inter alia radio frequency bands used by a Member State exclusively and directly for its public security and defence purposes, the Commission may, if the Member State requests it on the basis of justified reasons, agree to transitional periods and/or sharing mechanisms, in order to facilitate the full implementation of that measure. In this regard, Member States may also notify the Commission of their national radio frequency bands used exclusively and directly to pursue public security and defence purposes.(10) In order to take into account the views of Member States, Community institutions, industry and of all users involved, both commercial and non-commercial, as well as of other interested parties on technological, market and regulatory developments which may affect the use of radio spectrum, the Commission may organise consultations outside the framework of this Decision.(11) Radio spectrum technical management includes the harmonisation and allocation of radio spectrum. Such harmonisation should reflect the requirements of general policy principles identified at Community level. However, radio spectrum technical management does not cover assignment and licensing procedures, nor the decision whether to use competitive selection procedures for the assignment of radio frequencies.(12) With a view to the adoption of technical implementing measures addressing the harmonisation of radio frequency allocation and of information availability, the Committee should cooperate with radio spectrum experts from national authorities responsible for radio spectrum management. Building on the experience of mandating procedures gained in specific sectors, for example as a result of the application of Decision No 710/97/EC of the European Parliament and of the Council of 24 March 1997 on a coordinated authorisation approach in the field of satellite personal-communication services in the Community(6) and Decision No 128/1999/EC of the European Parliament and of the Council of 14 December 1998 on the coordinated introduction of a third generation mobile and wireless communications system (UMTS) in the Community(7), technical implementing measures should be adopted as a result of mandates to the CEPT. Where it is necessary to adopt harmonised measures for the implementation of Community policies which do not fall within the remit of CEPT, the Commission could adopt implementation measures with the assistance of the Radio Spectrum Committee.(13) The CEPT comprises 44 European countries. It drafts technical harmonisation measures with the objective of harmonising the use of radio spectrum beyond the Community borders, which is particularly important for those Member States where the use of radio spectrum may be affected by that of the non-EU members of CEPT. Decisions and measures taken in accordance with this Decision should take account of the specific situation of Member States with external frontiers. Where necessary, the Commission should be able to make the results of mandates issued to CEPT compulsory for Member States, and where the results of such mandates are not available or deemed not acceptable, to take appropriate alternative action. This will in particular provide for the harmonisation of use of radio frequencies across the Community, in line with Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(8) and taking into account the provisions of Directive 2002/20/EC of the European Parliament and the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)(9).(14) The coordinated and timely provision to the public of appropriate information concerning the allocation, availability and use of radio spectrum in the Community is an essential element for investments and policy making. So are technological developments which will give rise to new radio spectrum allocation and management techniques and radio frequency assignment methods. Development of long-term strategic aspects require proper understanding of the implications of how technology evolves. Such information should therefore be made accessible in the Community, without prejudice to confidential business and personal information protection under Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector(10). The implementation of a cross-sectoral radio spectrum policy makes the availability of information on the whole radio spectrum necessary. In view of the general purpose of harmonising radio spectrum use in the Community and elsewhere in Europe, the availability of such information needs to be harmonised at European level in a user-friendly manner.(15) It is therefore necessary to complement existing Community and international requirements for publication of information on use of radio spectrum. At international level, the reference paper on regulatory principles negotiated in the context of the World Trade Organisation by the Group on Basic Telecommunications also requires that the existing state of allocated radio frequency bands be made publicly available. Commission Directive 96/2/EC of 16 January 1996 amending Directive 90/388/EEC with regard to mobile and personal communications(11) required Member States to publish every year or make available on request the allocation scheme of radio frequencies, including plans for future extension of such frequencies, but covered only mobile and personal communications services. Moreover, Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(12), as well as Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services(13), require Member States to notify the Commission of the interfaces which they have regulated so as to assess their compatibility with Community law.(16) Directive 96/2/EC was at the origin of the adoption of a first set of measures by CEPT such as European Radiocommunications Committee Decision (ERC/DEC/(97)01) on the publication of national tables of radio spectrum allocations. It is necessary to ensure that CEPT solutions reflect the needs of Community policy and are given the appropriate legal basis so as to be implemented in the Community. For that purpose, specific measures have to be adopted in the Community both on procedure and substance.(17) Community undertakings should obtain fair and non-discriminatory treatment on access to radio spectrum in third countries. As access to radio spectrum is a key factor for business development and public interest activities, it is also necessary to ensure that Community requirements for radio spectrum are reflected in international planning.(18) Implementation of Community policies may require coordination of radio spectrum use, in particular with regard to the provision of communications services including Community-wide roaming facilities. Moreover, certain types of radio spectrum use entail a geographical coverage which goes beyond the borders of a Member State and allow for transborder services without requiring the movement of persons, such as satellite communications services. The Community should therefore be adequately represented in the activities of all relevant international organisations and conferences related to radio spectrum management matters, such as within the International Telecommunication Union (ITU) and its World Radiocommunications Conferences.(19) The existing preparation and negotiation mechanisms for ITU World Radiocommunication Conferences have generated excellent results due to willing cooperation within the CEPT, and the Community's interests have been taken into account in the preparations. In international negotiations, Member States and the Community should develop a common action and closely cooperate during the whole negotiations process so as to safeguard the unity of the international representation of the Community in line with the procedures which had been agreed in the Council conclusions of 3 February 1992 for the World Administrative Radio Conference and as confirmed by the Council conclusions of 22 September 1997 and 2 May 2000. For such international negotiations, the Commission should inform the European Parliament and the Council whether Community policies are affected, with a view to obtaining endorsement by the Council on the Community policy objectives to be achieved and on the positions to be taken by Member States at international level. In order to ensure that such positions also appropriately address the technical dimension related to radio spectrum management, the Commission may issue mandates to the CEPT for this purpose. Member States should accompany any act of acceptance of any agreement or regulation within international fora in charge of, or concerned with, radio spectrum management by a joint declaration stating that they will apply such agreement or regulation in accordance with their obligations under the Treaty.(20) In addition to international negotiations specifically addressing radio spectrum, there are other international agreements involving the Community and third countries which may affect radio frequency bands usage and sharing plans and which may address issues such as trade and market access, including in the World Trade Organisation framework, free circulation and use of equipment, communications systems of regional or global coverage such as satellites, safety and distress operations, transportation systems, broadcasting technologies, and research applications such as radio astronomy and earth observation. It is therefore important to ensure compatibility between the Community's arrangements for negotiating trade and market access issues with the radio spectrum policy objectives to be pursued under this Decision.(21) It is necessary, due to the potential commercial sensitivity of information which may be obtained by national authorities in the course of their action relating to radio spectrum policy and management, that the national authorities apply common principles in the field of confidentiality laid down in this Decision.(22) Since the objective of the proposed action, namely to establish a common framework for radio spectrum policy, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.(23) Member States should implement this common framework for radio spectrum policy in particular through their national authorities and provide the Commission with the relevant information required to assess its proper implementation throughout the Community, taking into account international trade obligations of the Community and its Member States.(24) Decisions No 710/97/EC and No 128/1999/EC remain in force.(25) The Commission should report annually to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions. This may allow the European Parliament and the Council to express their political support, where appropriate,HAVE ADOPTED THIS DECISION:Article 1Aim and scope1. The aim of this Decision is to establish a policy and legal framework in the Community in order to ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and research and development (R & D).2. In order to meet this aim, this Decision establishes procedures in order to:(a) facilitate policy making with regard to the strategic planning and harmonisation of the use of radio spectrum in the Community taking into consideration inter alia economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of Community policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and of avoiding harmful interference;(b) ensure the effective implementation of radio spectrum policy in the Community, and in particular establish a general methodology to ensure harmonised conditions for the availability and efficient use of radio spectrum;(c) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio spectrum in the Community;(d) ensure the effective coordination of Community interests in international negotiations where radio spectrum use affects Community policies.3. Activities pursued under this Decision shall take due account of the work of international organisations related to radio spectrum management, e.g. the International Telecommunication Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT).4. This Decision is without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy, to the provisions of Directive 1999/5/EC and to the right of Member States to organise and use their radio spectrum for public order and public security purposes and defence.Article 2DefinitionFor the purposes of this Decision, "radio spectrum" includes radio waves in frequencies between 9 kHz and 3000 GHz; radio waves are electromagnetic waves propagated in space without artificial guide.Article 3Committee procedure1. The Commission shall be assisted by a committee ("the Radio Spectrum Committee").2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.4. The Committee shall adopt its rules of procedure.Article 4Function of the Radio Spectrum Committee1. In order to meet the aim set out in Article 1, the Commission shall submit to the Radio Spectrum Committee, in accordance with the procedures set out in this Article, appropriate technical implementing measures with a view to ensuring harmonised conditions for the availability and efficient use of radio spectrum, as well as the availability of information related to the use of radio spectrum, as referred to in Article 5.2. For the development of technical implementing measures referred to in paragraph 1 which fall within the remit of the CEPT, such as the harmonisation of radio frequency allocation and of information availability, the Commission shall issue mandates to the CEPT, setting out the tasks to be performed and the timetable therefor. The Commission shall act in accordance with the procedure referred to in Article 3(2).3. On the basis of the work completed pursuant to paragraph 2, the Commission shall decide whether the results of the work carried out pursuant to the mandates shall apply in the Community and on the deadline for their implementation by the Member States. These decisions shall be published in the Official Journal of the European Communities. For the purpose of this paragraph, the Commission shall act in accordance with the procedure referred to in Article 3(3).4. Notwithstanding paragraph 3, if the Commission or any Member State considers that the work carried out on the basis of a mandate issued pursuant to paragraph 2 is not progressing satisfactorily having regard to the set timetable or if the results of the mandate are not acceptable, the Commission may adopt, acting in accordance with the procedure referred to in Article 3(3), measures to achieve the objectives of the mandate.5. The measures referred to in paragraphs 3 and 4 may, where appropriate, provide the possibility for transitional periods and/or radio spectrum sharing arrangements in a Member State to be approved by the Commission, where justified, taking into account the specific situation in the Member State, on the basis of a reasoned request by the Member State concerned and provided such exception would not unduly defer implementation or create undue differences in the competitive or regulatory situations between Member States.6. To achieve the aim set out in Article 1, the Commission may also adopt technical implementing measures referred to in paragraph 1 which are not covered by paragraph 2, acting in accordance with the procedure referred to in Article 3(3).7. With a view to contributing to the formulation, preparation and implementation of Community radio spectrum policy, and without prejudice to the procedures set out in this Article, the Commission shall consult the Radio Spectrum Committee periodically on the matters covered by Article 1.Article 5Availability of informationMember States shall ensure that their national radio frequency allocation table and information on rights, conditions, procedures, charges and fees concerning the use of radio spectrum, shall be published if relevant in order to meet the aim set out in Article 1. They shall keep this information up to date and shall take measures to develop appropriate databases in order to make such information available to the public, where applicable in accordance with the relevant harmonisation measures taken under Article 4.Article 6Relations with third countries and international organisations1. The Commission shall monitor developments regarding radio spectrum in third countries and in international organisations, which may have implications for the implementation of this Decision.2. Member States shall inform the Commission of any difficulties created, de jure or de facto, by third countries or international organisations for the implementation of this Decision.3. The Commission shall report regularly on the results of the application of paragraphs 1 and 2 to the European Parliament and the Council and may propose measures with the aim of securing the implementation of the principles and objectives of this Decision, where appropriate. When necessary to meet the aim set out in Article 1, common policy objectives shall be agreed to ensure Community coordination among Member States.4. Measures taken pursuant to this Article shall be without prejudice to the Community's and Member States' rights and obligations under relevant international agreements.Article 7NotificationMember States shall give the Commission all information necessary for the purpose of verifying the implementation of this Decision. In particular, Member States shall immediately inform the Commission of the implementation of the results of the mandates pursuant to Article 4(3).Article 8Confidentiality1. Member States shall not disclose information covered by the obligation of business confidentiality, in particular information about undertakings, their business relations or their cost components.2. Paragraph 1 shall be without prejudice to the right of relevant authorities to undertake disclosure where it is essential for the purposes of fulfilling their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of undertakings in the protection of their business secrets.3. Paragraph 1 shall not preclude publication of information on conditions linked to the granting of rights to use radio spectrum which does not include information of a confidential nature.Article 9ReportThe Commission shall report on an annual basis to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision, as well as on future actions envisaged pursuant to this Decision.Article 10ImplementationMember States shall take all measures necessary, by laws, regulations and administrative provisions, for the implementation of this Decision and all resulting measures.Article 11Entry into forceThis Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 12AddresseesThis Decision is addressed to the Member States.Done at Brussels, 7 March 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. C. Aparicio(1) OJ C 365 E, 19.12.2000, p. 256 and OJ C 25 E, 29.1.2002, p. 468.(2) OJ C 123, 25.4.2001, p. 61.(3) Opinion of the European Parliament of 5 July 2001 (not yet published in the Official Journal), Council Common Position of 16 October 2001 (OJ C 9, 11.1.2002, p. 7) and Decision of the European Parliament of 12 December 2001 (not yet published in the Official Journal). Council Decision of 14 February 2002.(4) OJ C 59, 23.2.2001, p. 245.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 105, 23.4.1997, p. 4. Decision as amended by Decision No 1215/2000/EC (OJ L 139, 10.6.2000, p. 1).(7) OJ L 17, 22.1.1999, p. 1.(8) See page 33 of this Official Journal.(9) See page 21 of this Official Journal.(10) OJ L 24, 30.1.1998, p. 1.(11) OJ L 20, 26.1.1996, p. 59.(12) OJ L 91, 7.4.1999, p. 10.(13) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

Summary: Regulating the radio spectrum Regulating the radio spectrum Radio frequencies, vital to the operation of many things we take for granted, such as our mobile phones, broadcasting and broadband Internet or remote control devices, are a scarce resource. To ensure their optimal use, the European Union agreed on how to coordinate its policy in this field to prevent interference in important communications, for example. ACT Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision). SUMMARY This decision seeks to coordinate policy within the EU on the availability of radio spectrum and technical conditions for its efficient use. It applies the allocation of radio and wireless communication frequencies, including GSM, third and fourth generation mobile communications (3G, 4G) for frequencies between 9 kHz and 3000 GHz relevant for the internal market. Actions under the decision take into account the work of international organisations, such as the international telecommunication union (ITU) in managing the radio spectrum and the European conference of postal and telecommunications administrations (CEPT), an intergovernmental organisation with 48 member countries. Radio Spectrum Committee Building also on the general principles contained in the radio spectrum policy programme adopted in 2012, the Radio Spectrum Committee assists the Commission in defining, developing and implementing EU radio spectrum policy. Chaired by the Commission, it comprises representatives of the member countries and examines proposals on technical measures to harmonise conditions for the availability and use of the radio spectrum. It also issues opinions on the mandates transmitted by the Commission to the CEPT on the harmonisation of radio frequency allocation and availability of information relating to the use of the spectrum. The Commission’s draft measures, once approved by the committee and adopted by the Commission, are binding throughout the EU and have to be followed by Member States when granting rights to use spectrum. Background Radio frequencies are allocated by international bodies, particularly the World Radiocommunication Conferences (WRC) of the ITU and, in Europe, by the CEPT. Through this decision, the EU also assumes a role in ensuring the optimal use of the radio spectrum. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision 676/2002/EC 24.2.2002 - OJ L 108 of 24.4.2002, pp. 1-6 RELATED ACTS HARMONISATION OF FREQUENCY BANDS Most of the decisions adopted by the Commission in view of the harmonisation of the technical conditions for the availability and efficient use of spectrum are available on the Commission website on Radio Spectrum Decisions. RADIO SPECTRUM POLICY GROUP Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group (Official Journal L 198 of 27.7.2002, pp. 49-51). This decision establishes a consultative group, the radio spectrum policy group, to assist and advise the Commission on issues such as radio spectrum availability and use, the harmonisation and allocation of frequencies, the issue of rights to use the spectrum, pricing, etc. See consolidated version. RADIO SPECTRUM POLICY PROGRAMME Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (Official Journal L 81 of 21.3.2012, pp. 7-17). Last updated: 18.07.2014