DG Enterprise and Industry European Commission Standardisation Aspects of ICT and e-Business Antonio Conte Unit D4 - ICT for Competitiveness and Innovation Brussels – 24 November 2009

DG Enterprise and Industry Legal Bases 1.Directive 98/34  formal recognition of the ESOs –ESOs standards can be associated with EU legislation/policies –ESOs relations with international standardisation –Basis for financing and standardisation mandates 2. Council Decision 87/95  introduces some flexibility for ICT –Interoperability –Functional standards –International standardisation –Flexibility for public procurement

DG Enterprise and Industry ICT Standardisation Policy - Background An efficient European ICT standardisation policy is key in support of innovation and competitiveness of European enterprises. At the same time, the formal and unofficial standardisation systems should combine their efforts to better respond to the needs of the society. DG ENTR study ( ) Open event of 12/2/2008 Steering Committee

DG Enterprise and Industry Stakeholders’ Expectations Linked to market and policy developments and thus supporting competitiveness and innovation Accommodate the dynamics of the ICT sector (infrastructures and applications) Allow for fast standard setting to provide industry/SMEs with high quality standards which balance competitiveness expectations with societal needs Re-position EU standardisation at global level and strengthen co-operation EU wide and globally Ensure consumer satisfaction Strengthen the internal market by fostering reference to standards in legislation /policy on the basis of common criteria for processes Increase quality, coherence and consistency of ICT standards Support implementation of standards

DG Enterprise and Industry The White Paper [COM(2009) 324] The White Paper of 3 July 2009 suggests some policy options: Defining the attributes which make ICT standards eligible for association with EU legislation and policies Updating the public procurement provisions of Council Decision 87/95/EEC Fostering synergy between ICT research, innovation and standardisation Implementing clear, transparent and balanced IPR policies Enabling the referencing of specific fora and consortia standards in relevant EU legislation and policies subject to a positive evaluation with regard to the above attributes Creating a permanent stakeholders’ platform

DG Enterprise and Industry Attributes for Eligibility (1) Standardisation Process Openness: The standardisation development process occurs within a non-profit making organisation on the basis of open decision making accessible to all interested parties. The open standardisation process is driven by the relevant stakeholder categories and reflects user requirements. Consensus: The standardisation process is collaborative and consensus based. The process does not favour any particular stakeholder. Balance: The standardisation process is accessible at any stage of development and decision making to relevant stakeholders. Participation of all interested categories of stakeholders is sought with a view to achieving balance. Transparency: The standardisation process is accessible to all interested parties and all information concerning technical discussions and decision making is archived and identified. Information on (new) standardisation activities is widely announced through suitable and accessible means. Consideration and response is given to comments by interested parties.

DG Enterprise and Industry Attributes for Eligibility (2) Standards Maintenance: Ongoing support and maintenance of published standards, including swift adaptation to new developments which prove their necessity, efficiency and interoperability, is guaranteed over a long period. Availability: Resulting standards are publicly available for implementation and use at reasonable terms (including for a reasonable fee or free of charge). Intellectual property rights: IP essential to the implementation of standards is licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND), which includes, at the discretion of the IPR holder, licensing essential IP without compensation. Relevance: The standard is effective and relevant. Standards need to respond to market needs and regulatory requirements, especially when those requirements are expressed in standardisation mandates. Neutrality and stability: Standards should whenever possible be performance oriented rather than based on design or descriptive characteristics. They should not distort the (global) market and should maintain the capacity for implementers to develop competition and innovation based upon them. Additionally, and in order to enhance their stability, standards should be based on advanced scientific and technological developments. Quality: The quality and level of detail are sufficient to permit the development of a variety of competing implementations of interoperable products and services. Standardised interfaces are not hidden or controlled by anyone other than standard setting organisations.

DG Enterprise and Industry Ongoing and Future Work Public consultation (until 15 September 2009) Impact assessment (January 2010?) Proposal for the revision of Council Decision 87/95 and/or Directive 98/34/EC (mid-2010)? –In co-ordination with the horizontal standardisation review

DG Enterprise and Industry E-Business Policy Developments Priority domain in the DG ENTR annual ICT Standardisation Work Programme –Ongoing activities on test beds, classification, catalogues, etc. e-Business Support Network (eBSN) e-Business Watch Future Internet Enterprise Systems (FInES) cluster Interoperability issues: –e-invoicing –Action Plan on e-signatures and e-identification –EIS, EIF v.2.0

DG Enterprise and Industry Further Information White Paper uri=COM:2009:0324:FIN:EN:PDF ICT Standardisation - DG ENTR