Comunicación CE sobre coordinación internacional en materia de comercio electrónico

AutorJavier Ribas
Cargo del AutorAbogado
Páginas#1011

EUROPEAN COMMISSION

Directorate-General XIII

Telecommunications, Information Market and Exploitation of Research

COM (98) 50

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS THE NEED FOR STRENGTHENED INTERNATIONAL COORDINATION

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TABLE OF CONTENTS

  1. INTRODUCTION: NEW POLICY CHALLENGES

  2. PROGRESSING TOWARDS THE GLOBAL ELECTRONIC MARKETPLACE

    2.1 The emergence of a global electronic marketplace

    2.2 The need for interoperable technical solutions

    2.3 Ensuring market access and competition

    2.4 The need for a consistent legal framework

    2.5 Conclusions: requirements for an international framework

  3. DEFINING THE WAY FORWARD FOR INTERNATIONAL COORDINATION

    3.1 Strengthening international coordination

    3.2 Identifying the most urgent issues and ways to tackle them

    3.3 Developing a method of coordination: An International Charter

  4. THE NEXT STEPS

    Glossary

  5. INTRODUCTION: NEW POLICY CHALLENGES

    The European Union has made substantial progress in putting in place the necessary framework conditions for the development of the Information Society with a view to unleashing its growth and employment potential bringing benefits to all. The dynamism of the Information Society is putting pressure on both public and private sectors to be more flexible and to rapidly take up new challenges.

    For this reason the Commission has recently launched a broad consultation to explore the nature and regulatory implications of convergence between the telecommunications, media and information technology sectors .

    The present Communication responds to the need for strengthened international coordination in order to create an enabling framework for the global electronic marketplace ("on-line" economy) which is a fundamental element of the Information Society.

    The European Union has begun to formulate several policy lines on electronic commerce by stimulating the development of an internal market for those services whilst safeguarding public interests (cf. Communications on "A European Initiative in Electronic Commerce" , "Harmful and Illegal Content on the Internet" and "Ensuring Security and Trust in Electronic Communication" , and the Green Paper on "Protection of Minors and Human Dignity in Audiovisual and Information Services ).

    In parallel, the European Union is contributing to the development of favourable conditions at international level for electronic communications and commerce, for instance through the WTO agreement on basic telecommunication services, the ITA agreement on tariffs for information technology products, and the WIPO agreement on the protection of intellectual property. This policy is based on the conviction that the Information Society can only be a global one, with the wide participation of the international community, including developing countries .

    Many of the Union’s partners are actively involved in building a framework for the electronic marketplace. Worldwide there are now numerous initiatives and regulatory actions at national and regional levels. These activities are not always coordinated and sometimes reveal divergent approaches. Ill-adapted or fragmented regulation, however, will hinder the development of the "on-line" economy from which business and citizens have much to gain. Decision makers in the public and private sectors are becoming aware of the fact that greater consistency in these national and regional approaches is needed and that this need is becoming increasingly acute.

    Against this background, there is a need for the European Union and its Member States to examine their policies with a view to adapting or clarifying traditional regulation to the requirements of the "on-line" economy. This does not mean delaying legislative activities at Member States or Union level until global rules are settled in the respective fields. Equally it does not mean surrendering national or regional traditions and cultures. What it does require, however, is to engage in an open debate and awareness-raising exercise about the implications of the global electronic marketplace and its particular characteristics on certain rules and their application. Progress should be made in parallel on technology changes, national and European regulatory actions, and cooperation at international level on regulatory principles.

    Provided it acts quickly and boldly, the European Union has all the potential to make a positive contribution to the shaping of the new environment, drawing on its rich scientific, cultural and social assets. The Union should signal to the international community that it is determined to contribute its experience and vision to building a framework based on fair competition, private sector investments, open markets, and social inclusion, accompanied by appropriate safeguards covering both the wider public interest and the interests of the individual.

    This Communication advances views on how to define the key issues that require strengthened international coordination. It does not propose concrete solutions to these issues as such, in particular it is not suggesting that there is a need for global regulation of the Internet or for the creation of new international organisations. The Communication essentially argues that the time is ripe to seek a better international understanding on how to proceed in the near future to achieve a "friction" free and borderless marketplace while meeting general public interest objectives.

    In this way, the global community can work together to maximise the potential of the Information Society to stimulate growth and innovation, to create new employment, and to promote social and economic cohesion.

    To this end, it is proposed to invite experts from industry and other involved parties to a round table meeting in 1998, to initiate a debate at Ministerial level, and to seek an understanding on a method of coordination in the form of an International Charter.

  6. PROGRESSING TOWARDS THE GLOBAL ELECTRONIC MARKETPLACE

    2.1 The emergence of a global electronic marketplace

    Growth in trans-border traffic over the last two decades has been a striking feature of the communications landscape. International telephone calls have risen from under 4 billion minutes in 1975 to over 80 billion (estimated by ITU) in 1997 - a growth rate of 15 per cent a year. At the same time, they have contributed over 8 per cent of telecommunications service revenue worldwide. This growth is forecast to continue.

    More recently, digital mobile communications, in particular through GSM, are providing global mobility in personal communications. Today, more than 200 GSM networks are in live commercial operation in over 100 countries worldwide serving 55 million users.

    In the future, new satellite systems will have a major impact on the development of global communications services. The total addressable market for broadband multimedia world-wide is expected to grow steadily from 100 million users up to 330 millions in 2010 of which about 16 per cent (i.e. 50 million users) are forecast to be captured by satellite systems. The cumulative service revenues for satellite systems over the period 2000-2010 is estimated to be around 110 billion ECU.

    This considerable growth over recent years has coincided with significant price reductions driven by falling costs and increasing competition, and the expansion of data networks, in particular the Internet, which will account for a growing proportion of international traffic in coming years.

    Approximately 100 countries now enjoy Internet access. Recent surveys report that there are around 20 million Internet hosts worldwide, and the number of actual Internet users is currently estimated to be in the region of 100 million . It is forecast that this figure will increase to a quarter of a billion users by the year 2000 .

    The scope of activities possible (e.g. medical, educational, recreational, commercial) and the number of different actors concerned has expanded through liberalisation and the development of new multimedia products and services.

    Example: Electronic Commerce

    Electronic commerce definitions may differ and estimates may vary, but nevertheless there are clear indications of strong growth. Estimates published in July 1997 indicate that business-to-business commerce over the Internet will reach 7 billion ECU in 1997 - a tenfold increase from 1996. In 2002, it is forecast that the value of goods and services traded between companies over the Internet will approach 300 billion ECU.

    These developments are giving rise to the emerging electronic marketplace. Not only is communication itself emerging as a worldwide business, it is also underpinning the globalisation and networking of economic activities.

    New business configurations are appearing, particularly in information-based sectors. Companies, including SMEs, are establishing worldwide networks linking...

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