proposal for a regulation of the european ......2018/12/05 · 9 regulation (ec) no 733/2002 of the...

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Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the implementation and functioning of the .eu Top Level Domain name and repealing Regulation (EC) No 733/2002 and Commission Regulation (EC)No 874/2004

COMMISSION PROPOSAL EUROPEAN PARLIAMENT COUNCIL PROPOSAL

Coreper mandate Doc. 13158/18

POSSIBLE COMPROMISE

THE EUROPEAN PARLIAMENT ANDTHE COUNCIL OF THE EUROPEANUNION,

THE EUROPEAN PARLIAMENTAND THE COUNCIL OF THEEUROPEAN UNION,

THE EUROPEAN PARLIAMENTAND THE COUNCIL OF THEEUROPEAN UNION,

THE EUROPEAN PARLIAMENT ANDTHE COUNCIL OF THE EUROPEANUNION,

Having regard to the Treaty on theFunctioning of the European Union, and inparticular Article 172 thereof,

Having regard to the Treaty on theFunctioning of the European Union, andin particular Article 172 thereof,

Having regard to the Treaty on theFunctioning of the European Union, andin particular Article 172 thereof,

Having regard to the Treaty on theFunctioning of the European Union, and inparticular Article 172 thereof,

Having regard to the proposal from theEuropean Commission,




After transmission of the draft legislativeact to the national parliaments,



After transmission of the draft legislative actto the national parliaments,

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Having regard to the opinion of theEuropean Economic and SocialCommittee1,



Having regard to the opinion of theEuropean Economic and Social Committee4,

Having regard to the opinion of theCommittee of the Regions5,




Acting in accordance with the ordinarylegislative procedure,




Whereas: Whereas: Whereas: Whereas:

(1) The .eu Country Code Top LevelDomain (ccTLD) was established byRegulation (EC) No 733/2002 of theEuropean Parliament and of the Council9

and by Commission Regulation (EC) No

(1) The .eu Country Code TopLevel Domain (ccTLD) was establishedby Regulation (EC) No 733/2002 of theEuropean Parliament and of theCouncil11 and by Commission

(1) The .eu Country Code TopLevel Domain (ccTLD) was establishedby Regulation (EC) No 733/2002 of theEuropean Parliament and of the Council13


(1) The .eu Country Code Top LevelDomain (ccTLD) was established byRegulation (EC) No 733/2002 of theEuropean Parliament and of the Council15


1 OJ C , , p. .2 OJ C , , p. .3 OJ C , , p. .4 OJ C , , p. .5 OJ C , , p. .6 OJ C , , p. .7 OJ C , , p. .8 OJ C , , p. .9 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, p.

1).11 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, p.



1).

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874/200410. Since the adoption ofRegulation (EC) No 733/2002 andRegulation (EC) No 874/2004, the politicaland legislative context in the Union, theonline environment and the market havechanged considerably.

Regulation (EC) No 874/200412. Sincethe adoption of Regulation (EC) No733/2002 and Regulation (EC) No874/2004, the political and legislativecontext in the Union, the onlineenvironment and the market havechanged considerably.

874/200414. Since the adoption ofRegulation (EC) No 733/2002 andRegulation (EC) No 874/2004, thepolitical and legislative context in theUnion, the online environment and themarket have changed considerably.

874/200416. Since the adoption ofRegulation (EC) No 733/2002 andRegulation (EC) No 874/2004, the politicaland legislative context in the Union, theonline environment and the market havechanged considerably.

(1a) The rapid evolution of the top-level-domain (TLD) market and thedynamic digital landscape requires afuture-proof and flexible regulatoryenvironment. The purpose of the .euTLD is, through good management, tohelp enhance the Union identity andpromote Union values, such asmultilingualism, respect for users’privacy and security and respect forhuman rights, as well as onlinepriorities.

(1a) The rapid evolution of the top-level-domain (TLD) market and thedynamic digital landscape requires afuture-proof and flexible regulatoryenvironment. The purpose of the .eu TLDis, through good management, to helpenhance the Union identity and promoteUnion values online, such asmultilingualism, respect for users’ privacyand security and respect for human rights,as well as online priorities.

(2) TLDs are an essential componentin the hierarchical structure of the DomainName System (DNS) which ensure aninteroperable system of unique identifiers,

(2) TLDs are an essentialcomponent in the hierarchical structureof the Domain Name System (DNS)which ensure an interoperable system ofunique identifiers, available throughout

(2) TLDs are an essentialcomponent in the hierarchical structureof the Domain Name System (DNS)which ensure an interoperable system ofunique identifiers, available throughout

(2) TLDs are an essential component inthe hierarchical structure of the DomainName System (DNS) which ensure aninteroperable system of unique identifiers,

10 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 andthe principles governing registration (OJ L 162, 30.4.2004, p. 40).




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available throughout the world, on anyapplication and any network.

the world, on any application and anynetwork.

the world, on any application and anynetwork.

available throughout the world, on anyapplication and any network.

(2a) The .eu TLD is the eighthlargest country code Top Level Domain(ccTLD) and had over 3,8 millionregistrations in 2017. The .eu TLD isused by the Union institutions, agenciesand bodies, including for projects andinitiatives.

(2a) The .eu TLD is the eighth one ofthe largest country code Top LevelDomains (ccTLDs) and had over 3,8million registrations in 2017. The .eu TLDis used by the Union institutions, agenciesand bodies, including for Europeanprojects and initiatives.

(3) The .eu TLD should promote theuse of, and access to, the Internet networksin accordance with Articles 170 and 171 ofthe TFEU, by providing a complementaryregistration to existing country code TopLevel Domains (ccTLDs) or globalregistration in the generic Top Leveldomains.

(3) The .eu TLD should promotethe use of, and access to, the Internetnetworks in accordance with Articles 170and 171 of the TFEU, by providing acomplementary registration to existingcountry code Top Level Domains(ccTLDs) or global registration in thegeneric Top Level domains.

(3) The .eu TLD should promotethe use of, and access to, the Internetnetworks in accordance with Articles 170and 171 of the TFEU, by providing acomplementary registration to existingcountry code Top Level Domains(ccTLDs) or global registration in thegeneric Top Level domains.

(3) The .eu TLD should promote theuse of, and access to, the Internet networksin accordance with Articles 170 and 171 ofthe TFEU, by providing a complementaryregistration to existing country code TopLevel Domains (ccTLDs) or globalregistration in the generic Top Leveldomains.

(4) The .eu TLD should provide aclearly identified link with the Union andthe European market place. It shouldenable undertakings, organisations andnatural persons within the Union to registera domain name under the .eu TLD. Unioncitizens should be allowed to register a .eudomain name, regardless of their place ofresidence.

(4) The .eu TLD, as a specificdomain name for the Union under aclear and easily recognisable label,should provide a clearly identified linkwith the Union, and the European marketplace, and a Union online identity,creating a strong identity for the digitalsingle market, subject to Union law andtrading standards. It should enableundertakings and organisationsestablished within the Union or withinthe European Economic Area (EEA),and natural persons who are residents ofa Member State or of a third-countrymember of the EEA to register a domainname under the .eu TLD. Union citizens

(4) The .eu TLD should provide aclearly identified link with the Union andthe European market place. It shouldenable undertakings, organisations andnatural persons within the Union toregister a domain name under the .euTLD. Union citizens should be allowedto register a .eu domain name, regardlessof their place of residence.

(4) The .eu TLD, as a a specificdomain name for the Union under a clearand easily recognisable label, shouldprovide a clearly identified link with theUnion and the European market place, and aUnion online identity, creating a strongidentity for the digital single market,subject to Union law and trading standards.It should enable undertakings, andorganisations and natural personsestablished within the Union or within theEuropean Economic Area (EEA), who areresidents of a Member State or of a third-country member of the EEA to register adomain name under the .eu TLD. Unioncitizens should be allowed to register a .eu

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should be allowed to register a .eu TLDname, regardless of their place ofresidence. The existence of such adomain is an important part of theEuropean identity and users areresponsible for using it properly.

TLD name, regardless of their place ofresidence, from [six months after] theentry into force of this Regulation and theamendment of the respective provision inRegulation (EC) No 733/2002. Theexistence of such a domain name isimportant to strengthen the of theEuropean identity online and users shouldbe are responsible for using it properly.

(5) Domain names in the .eu TLDshould be allocated to the eligible partiessubject to availability.

(5) Domain names in the .eu TLDshould be allocated at a reasonableprice to the eligible parties subject toavailability.



(5 a) The Commission should assessthe potential role of the EuropeanUnion Intellectual Property Office(EUIPO) in the registration of domainnames in the .eu TLD in order to provideapplicants of the European Union trademarks (EUTM) or the registeredCommunity designs (RCD) with anallocation of the .eu TLDs applicable totheir trademarks or design, subject toavailability. That assessment shouldalso include other measures or agenciesthat could be engaged in preventingspeculative and abusive registrations(‘cybersquatting’) and facilitate simpleadministrative procedures, in particularfor small and medium-sized enterprises(SMEs).

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(6) To ensure better protection ofrights of the parties to contract with,respectively, the Registry and Registrars,the disputes on registrations of domainnames in the .eu TLD should be solved bybodies located in the Union applying therespective laws of Member States, withoutprejudice to rights and obligationsrecognised by the Member States or by theUnion arising from internationalinstruments.

(6) To ensure better protection ofrights of the parties to contract with,respectively, the Registry and Registrars,the disputes on registrations of domainnames in the .eu TLD should be solvedby bodies located in the Union applyingthe respective laws of Member States,without prejudice to rights andobligations recognised by the MemberStates or by the Union arising frominternational instruments.

(6) To ensure better protection ofrights of the parties to contract with,respectively, the Registry and Registrars,the disputes on registrations of domainnames in the .eu TLD should be solvedby bodies located in the Union applyingthe respective laws of Member States,without prejudice to rights andobligations recognised by the MemberStates or by the Union arising frominternational instruments.

(6) To ensure better protection of rightsof the parties to contract with, respectively,the Registry and Registrars, the disputes onregistrations of domain names in the .euTLD should be solved by bodies located inthe Union applying the respective laws ofMember States, without prejudice to rightsand obligations recognised by the MemberStates or by the Union arising frominternational instruments.

(7) The principles and procedures onthe functioning of the .eu TLD should beannexed to the contract between theCommission and the appointed Registry.

(7) The principles and procedureson the functioning of the .eu TLD shouldbe annexed to the contract between theCommission and the appointed Registry.

(7) The principles and procedureson the functioning of the .eu TLD shouldbe annexed to the contract between theCommission and the appointed Registry.

(7) The principles and procedures onthe functioning of the .eu TLD should beannexed to the contract between theCommission and the appointed Registry.

(8) In order to ensure uniformconditions for the implementation of thisRegulation, implementing powers shouldbe conferred to the Commission to adoptthe lists of reserved and blocked domainnames by Member States, to establish thecriteria and the procedure for thedesignation of the Registry and todesignate the Registry on duly justifiedgrounds of urgency. Those powers shouldbe exercised in accordance withRegulation (EU) No 182/2011 of theEuropean Parliament and of the Council of16 February 2011 laying down the rulesand general principles concerningmechanisms for control by Member Statesof the Commission’s exercise ofimplementing powers. Such lists should be

(8) In order to ensure uniformconditions for the implementation of thisRegulation, implementing powers shouldbe conferred to the Commission to adoptthe lists of reserved and blocked domainnames by Member States, to establish thecriteria and the procedure for thedesignation of the Registry and todesignate the Registry on duly justifiedgrounds of urgency. Those powersshould be exercised in accordance withRegulation (EU) No 182/2011 of theEuropean Parliament and of the Councilof 16 February 2011 laying down therules and general principles concerningmechanisms for control by MemberStates of the Commission’s exercise ofimplementing powers. Such lists should

(8) In order to ensure uniformconditions for the implementation of thisRegulation, implementing powers shouldbe conferred to the Commission to adoptthe lists of reserved and blocked domainnames by Member States, to establish thecriteria and the procedure for thedesignation of the Registry and todesignate the Registry on duly justifiedimperative grounds of urgency, inparticular to ensure the continuity ofthe service. Those powers should beexercised in accordance with Regulation(EU) No 182/2011 of the EuropeanParliament and of the Council of 16February 2011 laying down the rules andgeneral principles concerningmechanisms for control by Member

(8) In order to ensure uniformconditions for the implementation of thisRegulation, implementing powers should beconferred to the Commission to adopt thelists of reserved and blocked domain namesby Member States to establish the criteriaand the procedure for the designation of theRegistry and to designate the Registry onduly justified imperative grounds ofurgency, in particular to ensure thecontinuity of the service. Those powersshould be exercised in accordance withRegulation (EU) No 182/2011 of theEuropean Parliament and of the Council of16 February 2011 laying down the rules andgeneral principles concerning mechanismsfor control by Member States of theCommission’s exercise of implementing

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compiled subject to the domain names'availability taking into account domainnames at second level already reserved orregistered by the Member States.

be compiled subject to the domain names'availability taking into account domainnames at second level already reserved orregistered by the Member States.

States of the Commission’s exercise ofimplementing powers. Such lists shouldbe compiled subject to the domain names'availability taking into account domainnames at second level already reserved orregistered by the Member States.

powers. Such lists should be compiledsubject to the domain names' availabilitytaking into account domain names at secondlevel already reserved or registered by theMember States.

(9) The Commission should, on thebasis of an open, transparent and non-discriminatory selection procedure,designate a Registry for the .eu TLD. TheCommission should enter into a contractwith the selected Registry which shouldinclude the detailed principles andprocedures applying to the Registry for theorganisation, administration andmanagement of the .eu TLD. The contractshould be limited in time and renewable.

(9) The Commission should, on thebasis of an open, transparent and non-discriminatory selection procedure,taking into account cost-efficiency andadministrative simplicity, designate aRegistry for the .eu TLD. In order toestablish the criteria for the designationof a registry and an open, transparentand non-discriminatory selectionprocedure for that designation thepower to adopt acts in accordance withArticle 290 of the Treaty on theFunctioning of the European Unionshould be delegated to the Commission.It is of particular importance that theCommission carry out appropriateconsultations during its preparatorywork, including at expert level, and thatthose consultations be conducted inaccordance with the principles laiddown in the InterinstitutionalAgreement of 13 April 2016 on BetterLaw-Making1a. In particular, to ensureequal participation in the preparation ofdelegated acts, the EuropeanParliament and the Council receive alldocuments at the same time as MemberStates' experts, and their expertssystematically have access to meetings

(9) The Commission should, on thebasis of an open, transparent and non-discriminatory selection procedure,designate a Registry for the .eu TLD. TheCommission should enter into a contractwith the selected Registry which shouldinclude the detailed principles andprocedures applying to the Registry forthe organisation, administration andmanagement of the .eu TLD. Thecontract should be limited in time andrenewable once.

(9) The Commission should, on thebasis of an open, transparent and non-discriminatory selection procedure, takinginto account cost-efficiency andadministrative simplicity, designate aRegistry for the .eu TLD. In order toestablishing the eligibility and selectioncriteria and the procedure for the designationof the Registry the power to adopt acts inaccordance with Article 290 of the Treatyon the Functioning of the European Unionshould be delegated to the Commission. Itis of particular importance that theCommission carry out appropriateconsultations during its preparatory work,including at expert level, and that thoseconsultations be conducted in accordancewith the principles laid down in theInterinstitutional Agreement of 13 April2016 on Better Law-Making1a. Inparticular, to ensure equal participation inthe preparation of delegated acts, theEuropean Parliament and the Councilreceive all documents at the same time asMember States' experts, and their expertssystematically have access to meetings ofCommission expert groups dealing with thepreparation of delegated acts.

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of Commission expert groups dealingwith the preparation of delegated acts.

(9a) The Commission should enterinto a contract with the selected Registrywhich should include the detailedprinciples and procedures that apply tothe Registry for the organisation,administration and management of the.eu TLD. The contract should be of afixed duration and renewable.

(9a) The Commission should enter intoa contract with the selected Registry whichshould include the detailed principles andprocedures that apply to the Registry for theorganisation, administration andmanagement of the .eu TLD. The contractshould be of a fixed duration andrenewable once without organising a newselection procedure.

(10) This Regulation is withoutprejudice to the application of the rules oncompetition provided in Articles 101 and102 TFEU.

(10) This Regulation is withoutprejudice to the application of the ruleson competition provided in Articles 101and 102 TFEU.

(10) This Regulation is withoutprejudice to the application of the ruleson competition provided in Articles 101and 102 TFEU.

(10) This Regulation is withoutprejudice to the application of the rules oncompetition provided in Articles 101 and102 TFEU.

(11) The Registry should comply withthe principles of non-discrimination andtransparency and should implementmeasures to safeguard fair competition, tobe authorised in advance by theCommission, in particular when it providesservices to undertakings with whom itcompetes on downstream markets.

(11) The Registry should complywith the principles of non-discriminationand transparency and should implementmeasures to safeguard fair competition,to be authorised in advance by theCommission, in particular when itprovides services to undertakings withwhom it competes on downstreammarkets.

(11) The Registry should complywith the principles of non-discriminationand transparency and should implementmeasures to safeguard fair competition,to be authorised in advance by theCommission, in particular when itprovides services to undertakings withwhom it competes on downstreammarkets.

(11) The Registry should comply withthe principles of non-discrimination andtransparency and should implementmeasures to safeguard fair competition, to beauthorised in advance by the Commission, inparticular when it provides services toundertakings with whom it competes ondownstream markets.

(12) The Internet Corporation forAssigned Names and Numbers (ICANN) isat present responsible for coordinating thedelegation of codes representing ccTLD toRegistries. The Registry should enter intoappropriate contract with ICANNproviding for the delegation of the .euccTLD code taking account of the relevant

(12) The Internet Corporation forAssigned Names and Numbers (ICANN)is at present responsible for coordinatingthe delegation of codes representingccTLD to Registries. The Registryshould enter into appropriate contractwith ICANN providing for the delegationof the .eu ccTLD code taking account of

(12) The Internet Corporation forAssigned Names and Numbers (ICANN)is at present responsible for coordinatingthe delegation of codes representingccTLD to Registries. The Registry shouldenter into appropriate contract withICANN providing for the delegation ofthe .eu ccTLD code taking account of the

(12) The Internet Corporation forAssigned Names and Numbers (ICANN) isat present responsible for coordinating thedelegation of codes representing ccTLD toRegistries. The Registry should enter intoappropriate contract with ICANN providingfor the delegation of the .eu ccTLD codetaking account of the relevant principles

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principles adopted by the GovernmentalAdvisory Committee (GAC).

the relevant principles adopted by theGovernmental Advisory Committee(GAC).

relevant principles adopted by theGovernmental Advisory Committee(GAC).

adopted by the Governmental AdvisoryCommittee (GAC).

(13) The Registry should enter into anappropriate escrow agreement to ensurecontinuity of service, and in particular toensure that in the event of re-delegation orother unforeseen circumstances it ispossible to continue to provide services tothe local Internet community withminimum disruption. The Registry shouldsubmit to the escrow agent on a daily basisan electronic copy of the current content ofthe .eu database.

(13) The Registry should enter intoan appropriate escrow agreement toensure continuity of service, and inparticular to ensure that in the event of re-delegation or other unforeseencircumstances it is possible to continue toprovide services to the local Internetcommunity with minimum disruption.The Registry should submit to the escrowagent on a daily basis an electronic copyof the current content of the .eu database.

(13) The Registry should enter intoan appropriate escrow agreement toensure continuity of service, and inparticular to ensure that in the event of re-delegation or other unforeseencircumstances it is possible to continue toprovide services to the local Internetcommunity with minimum disruption.The Registry should submit to the escrowagent on a daily basis an electronic copyof the current content of the .eu database.

(13) The Registry should enter into anappropriate escrow agreement to ensurecontinuity of service, and in particular toensure that in the event of re-delegation orother unforeseen circumstances it is possibleto continue to provide services to the localInternet community with minimumdisruption. The Registry should submit tothe escrow agent on a daily basis anelectronic copy of the current content ofthe .eu database.

(14) Alternative Dispute Resolution(ADR) procedures should take intoaccount the international best practices inthis area and in particular the relevantWorld Intellectual Property Organization(WIPO) recommendations, to ensure thatspeculative and abusive registrations areavoided as far as possible. ADR shouldrespect a minimum of uniform proceduralrules, in line with the ones set out in theUniform Dispute Resolution Policyadopted by ICANN.

(14) Alternative Dispute Resolution(ADR) procedures should take intoaccount the international best practices inthis area and in particular the relevantWorld Intellectual Property Organization(WIPO) recommendations, to ensure thatspeculative and abusive registrations areavoided as far as possible. ADR shouldrespect a minimum of uniformprocedural rules, in line with the ones setout in the Uniform Dispute ResolutionPolicy adopted by ICANN.

(14) Alternative Dispute Resolution(ADR) procedures should comply withDirective 2013/11/EU and take intoaccount the international best practices inthis area and in particular the relevantWorld Intellectual Property Organization(WIPO) recommendations, to ensure thatspeculative and abusive registrations areavoided as far as possible. ADR shouldrespect a minimum of uniformprocedural rules, in line with the ones setout in the Uniform Dispute ResolutionPolicy adopted by ICANN.

14) Alternative Dispute Resolution(ADR) procedures should comply withDirective 2013/11/EU and take intoaccount the international best practices inthis area and in particular the relevant WorldIntellectual Property Organization (WIPO)recommendations, to ensure that speculativeand abusive registrations are avoided as faras possible. ADR should respect a minimumof uniform procedural rules, in line with theones set out in the Uniform DisputeResolution Policy adopted by ICANN.

(15) The policy on abusive registrationof .eu domain names should provide forverification by the Registry of data itreceives, specifically concerning theidentity of registrants, as well as revocationand blocking from future registration of

(15) The policy on abusiveregistration of .eu domain names shouldprovide for verification by the Registryof data it receives, specificallyconcerning the identity of registrants, aswell as revocation and blocking from

(15) The policy on abusiveregistration of .eu domain names shouldprovide for verification by the Registry ofdata it receives, specifically concerningthe identity of registrants, as well asrevocation and blocking from future

(15) The policy on abusive registrationof .eu domain names should provide forverification by the Registry of data itreceives, specifically concerning the identityof registrants, as well as revocation andblocking from future registration of domain

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domain names considered by a finaldecision of a Member State court to bedefamatory, racist or otherwise contrary tothe law of the Member State. The Registryshould undertake utmost care to ensure thecorrectness of the data it receives andholds.

future registration of domain namesconsidered by a final decision of aMember State court to be defamatory,racist or otherwise contrary to the law ofthe Member State. The Registry shouldundertake utmost care to ensure thecorrectness of the data it receives andholds.

registration of domain names consideredby a final decision of a Member Statecourt to be defamatory, racist orotherwise contrary to the law of theMember State. The Registry shouldundertake utmost care to ensure thecorrectness of the data it receives andholds.

names considered by a final decision of aMember State court to be defamatory, racistor otherwise contrary to the law of theMember State. The Registry shouldundertake utmost care to ensure thecorrectness of the data it receives and holds.The revocation prodecure should allow thedomain name holder a reasonableopportunity to rectify any breach of theelegibility criteria, registrationrequirements or outstanding debts beforerevocation takes effect.

(16) The Registry should support lawenforcement agencies in the fight againstcrime by implementing technical andorganisational measures aimed atenabling competent authorities to haveaccess to the data in the Registry forpurposes of prevention, detection,investigation and prosecution of crimes, asprovided by Union or national law.

(16) The Registry should supportlaw enforcement agencies in the fightagainst crime by implementing technicaland organisational measures aimed atenabling competent authorities to haveaccess to the data in the Registry forpurposes of prevention, detection,investigation and prosecution of crimes,as provided by Union or national law.

(16) The Registry should support lawenforcement agencies in the fight againstcrime by implementing technical andorganisational measures aimed atenabling competent authorities to haveaccess to the data in the Registry forpurposes of prevention, detection,investigation and prosecution of crimes,as provided by Union or national law.

(16) The Registry should support lawenforcement agencies in the fight againstcrime by implementing technical andorganisational measures aimed atenabling competent authorities to haveaccess to the data in the Registry forpurposes of prevention, detection,investigation and prosecution of crimes, asprovided by Union or national law.

(17) This Regulation should beimplemented in compliance with theprinciples relating to privacy and theprotection of personal data. The Registryshould comply with relevant Union dataprotection rules, principles and guidelines,in particular, with relevant securityrequirements, the principles of necessity,proportionality, purpose limitation andproportionate data retention period. Also,personal data protection by design and dataprotection by default should be embedded

(17) This Regulation should beimplemented in compliance with theprinciples relating to privacy and theprotection of personal data. The Registryshould comply with relevant Union dataprotection rules, principles andguidelines, in particular, with relevantsecurity requirements, the principles ofnecessity, proportionality, purposelimitation and proportionate dataretention period. Also, personal dataprotection by design and data protectionby default should be embedded in all data

(17) This Regulation should beimplemented in compliance with theprinciples relating to privacy and theprotection of personal data. The Registryshould comply with relevant Union dataprotection rules, principles andguidelines, in particular, with relevantsecurity requirements, the principles ofnecessity, proportionality, purposelimitation and proportionate dataretention period. Also, personal dataprotection by design and data protectionby default should be embedded in all data

(17) This Regulation should beimplemented in compliance with theprinciples relating to privacy and theprotection of personal data. The Registryshould comply with relevant Union dataprotection rules, principles and guidelines,in particular, with relevant securityrequirements, the principles of necessity,proportionality, purpose limitation andproportionate data retention period. Also,personal data protection by design and dataprotection by default should be embedded in

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in all data processing systems anddatabases developed and/or maintained.

processing systems and databasesdeveloped and/or maintained.

processing systems and databasesdeveloped and/or maintained.

all data processing systems and databasesdeveloped and/or maintained.

(18) In order to ensure effectiveperiodic supervision, the Registry shouldbe audited at its own expense at least everytwo years by an independent body with thepurpose of confirming that the Registrycomplies with the requirements laid downin this Regulation. The Registry shouldsubmit the resulting conformityassessment report to the Commission inaccordance with the procedure laid downin the contract with the Registry.

(18) In order to ensure effectiveperiodic supervision, the Registry shouldbe audited at its own expense at leastevery two years by an independent bodywith the purpose of confirming that theRegistry complies with the requirementslaid down in this Regulation. TheRegistry should submit the resultingconformity assessment report to theCommission in accordance with theprocedure laid down in the contract withthe Registry.

(18) In order to ensure effectiveperiodic supervision, the Registry shouldbe audited at its own expense at leastevery two years by an independent bodywith the purpose of confirming that theRegistry complies with the requirementslaid down in this Regulation. TheRegistry should submit the resultingconformity assessment report to theCommission in accordance with theprocedure laid down in the contract withthe Registry.

(18) In order to ensure effective periodicsupervision, the Registry should be auditedat its own expense at least every two yearsby an independent body with the purpose ofconfirming that the Registry complies withthe requirements laid down in thisRegulation. The Registry should submit theresulting conformity assessment report tothe Commission in accordance with theprocedure laid down in the contract with theRegistry.

(19) The contract concluded with theRegistry should provide for procedures toimprove the organisation, administrationand management of the .eu TLD by theRegistry in line with the instructions of theCommission resulting from thesupervisory activities provided by thisRegulation.

(19) The contract concluded with theRegistry should provide for proceduresto improve the organisation,administration and management of the.eu TLD by the Registry in line with theinstructions of the Commission resultingfrom the supervisory activities providedby this Regulation.

(19) The contract concluded with theRegistry should provide for procedures toimprove the organisation, administrationand management of the .eu TLD by theRegistry in line with the instructions ofthe Commission resulting from thesupervisory activities provided by thisRegulation.

(19) The contract concluded with theRegistry should provide for procedures toimprove the organisation, administrationand management of the .eu TLD by theRegistry in line with the instructions of theCommission resulting from the supervisoryactivities provided by this Regulation.

(20) The Council Conclusions onInternet Governance of 27 November 2014reaffirmed the European Union'scommitment to promote multistakeholdergovernance structures that are based on acoherent set of global Internet governanceprinciples. An inclusive Internetgovernance refers to the development andapplications by governments, the privatesector, civil society, internationalorganisations and the technical

(20) The Council Conclusions onInternet Governance of 27 November2014 reaffirmed the European Union'scommitment to promotemultistakeholder governance structuresthat are based on a coherent set of globalInternet governance principles. Aninclusive Internet governance refers tothe development and applications bygovernments, the private sector, civilsociety, international organisations and

(20) The Council Conclusions onInternet Governance of 27 November2014 reaffirmed the European Union'scommitment to promotemultistakeholder governance structuresthat are based on a coherent set of globalInternet governance principles. Aninclusive Internet governance refers tothe development and applications bygovernments, the private sector, civilsociety, international organisations and

(20) The Council Conclusions onInternet Governance of 27 November 2014reaffirmed the European Union'scommitment to promote multistakeholdergovernance structures that are based on acoherent set of global Internet governanceprinciples. An inclusive Internet governancerefers to the development and applicationsby governments, the private sector, civilsociety, international organisations and thetechnical community, in their respective

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community, in their respective roles, ofshared principles, norms, rules, decision-making procedures and programmes thatshape the evolution and use of Internet.

the technical community, in theirrespective roles, of shared principles,norms, rules, decision-makingprocedures and programmes that shapethe evolution and use of Internet.

the technical community, in theirrespective roles, of shared principles,norms, rules, decision-makingprocedures and programmes that shapethe evolution and use of Internet.

roles, of shared principles, norms, rules,decision-making procedures andprogrammes that shape the evolution and useof Internet.

(21) A .eu Multistakeholder Councilshould be set up with an advisory role tothe Commission in order to strengthen andwiden input into the good governance ofthe Registry and the matters covered by theprinciples and procedures on thefunctioning of the .eu TLD and increasethe transparency of the Registry'scommercial and operational practices. Themembers of the group should reflectInternet Governance multistakeholdermodel and be appointed by theCommission on the basis of an open andtransparent procedure.

(21) A .eu Multistakeholder Councilshould be set up with an advisory role tothe Commission in order to strengthenand widen input into the goodgovernance of the Registry and thematters covered by the principles andprocedures on the functioning of the .euTLD and increase the transparency of theRegistry's commercial and operationalpractices. The members of the groupshould reflect Internet Governancemultistakeholder model and be appointedby the Commission on the basis of anopen and transparent procedure.

(21) A .eu Multistakeholder CouncilGroup should be set up with an advisoryrole to the Commission in order tostrengthen and widen input into the goodgovernance of the Registry and thematters covered by the principles andprocedures on the functioning of the .euTLD and increase the transparency of theRegistry's commercial and operationalpractices. The members of the groupshould reflect Internet Governancemultistakeholder model and be appointedby the Commission on the basis of anopen, non-discriminatory andtransparent procedure. In order toensure continuity, the representativedrawn from the Member States shouldbe a member of the group of the threeMember States holding the rotatingPresidency of the Council during thecorresponding 18 months period.

(21) A .eu Multistakeholder CouncilAdvisory Group should be set up with anadvisory role to the Commission in order tostrengthen and widen input into the goodgovernance of the Registry and the matterscovered by the principles and procedures onthe functioning of the .eu TLD and increasethe transparency of the Registry'scommercial and operational practices. Themembers of the Group should reflectInternet Governance multistakeholdermodel and its members, other thanMember States’ authorities andinternational organisations, should beappointed by the Commission on the basis ofan open, non-discriminatory andtransparent procedure. In order to ensurecontinuity, The representative drawnfrom the Member States should beappointed on the basis of a rotationsystem ensuring sufficient continuity inthe participation to the Group a memberof the group of the three Member Statesholding the rotating Presidency of theCouncil during the corresponding.

(22) The Commission should carry outan evaluation on the effectiveness and

(22) The Commission should carryout an evaluation on the effectiveness

(22) The Commission should carryout an evaluation on the effectiveness and

(22) The Commission should carry outan evaluation on the effectiveness and

13

functioning of the .eu TLD. The evaluationshould have regard to the designatedRegistry working practices and therelevance of its tasks.

and functioning of the .eu TLD. Theevaluation should have regard to thedesignated Registry working practicesand the relevance of its tasks. TheCommission should also, every threeyears, present a report on thefunctioning of the .eu TLD name.

functioning of the .eu TLD. Theevaluation should have regard to thedesignated Registry working practicesand the relevance of its tasks.

functioning of the .eu TLD. The evaluationshould have regard to the designatedRegistry working practices and therelevance of its tasks. The Commissionshould also, regularly, present a report onthe functioning of the .eu TLD name.

(23) Since the objective of thisRegulation, namely the implementation ofa pan-European TLD in addition to thenational ccTLDs, cannot be sufficientlyachieved by the Member States, but canrather, by reason of its scale and effects, bebetter achieved at Union level, the Unionmay adopt measures, in accordance withthe principle of subsidiarity as set out inArticle 5 of the Treaty on European Union.In accordance with the principle ofproportionality, as set out in that Article,this Regulation does not go beyond what isnecessary in order to achieve thatobjective.

(23) Since the objective of thisRegulation, namely the implementationof a pan-European TLD in addition to thenational ccTLDs, cannot be sufficientlyachieved by the Member States, but canrather, by reason of its scale and effects,be better achieved at Union level, theUnion may adopt measures, inaccordance with the principle ofsubsidiarity as set out in Article 5 of theTreaty on European Union. Inaccordance with the principle ofproportionality, as set out in that Article,this Regulation does not go beyond whatis necessary in order to achieve thatobjective.

(23) Since the objective of thisRegulation, namely the implementationof a pan-European TLD in addition to thenational ccTLDs, cannot be sufficientlyachieved by the Member States, but canrather, by reason of its scale and effects,be better achieved at Union level, theUnion may adopt measures, inaccordance with the principle ofsubsidiarity as set out in Article 5 of theTreaty on European Union. Inaccordance with the principle ofproportionality, as set out in that Article,this Regulation does not go beyond whatis necessary in order to achieve thatobjective.

(23) Since the objective of thisRegulation, namely the implementation of apan-European TLD in addition to thenational ccTLDs, cannot be sufficientlyachieved by the Member States, but canrather, by reason of its scale and effects, bebetter achieved at Union level, the Unionmay adopt measures, in accordance with theprinciple of subsidiarity as set out in Article5 of the Treaty on European Union. Inaccordance with the principle ofproportionality, as set out in that Article, thisRegulation does not go beyond what isnecessary in order to achieve that objective.

(24) In order to limit any risks ofdisruption of services of the .eu TLD in theshifting between the old and newregulatory framework, transitionalprovisions are foreseen by this Regulation.

(24) In order to limit any risks ofdisruption of services of the .eu TLD inthe shifting between the old and newregulatory framework, transitionalprovisions are foreseen by thisRegulation.

(24) In order to limit any risks ofdisruption of services of the .eu TLD inthe shifting between the old and newregulatory framework, transitionalprovisions are foreseen by thisRegulation.

(24) In order to limit any risks ofdisruption of services of the .eu TLD in theshifting between the old and new regulatoryframework, transitional provisions areforeseen by this Regulation.

(25) Regulation (EC) No 733/2002 ofthe European Parliament and of the

(25) Regulation (EC) No 733/2002of the European Parliament and of theCouncil and Commission Regulation

(25) Regulation (EC) No 733/2002of the European Parliament and of theCouncil and Commission Regulation

(25) Regulation (EC) No 733/2002 ofthe European Parliament and of the Council

14

Council and Commission Regulation (EC)No 874/2004 should therefore be repealed.

(EC) No 874/2004 should therefore berepealed.

(EC) No 874/2004 should therefore berepealed.

and Commission Regulation (EC) No874/2004 should therefore be repealed.

HAVE ADOPTED THIS REGULATION: HAVE ADOPTED THISREGULATION:

HAVE ADOPTED THISREGULATION:

HAVE ADOPTED THIS REGULATION:

CHAPTER I CHAPTER I CHAPTER I CHAPTER I

General Provisions General Provisions General Provisions General Provisions

Article 1 Article 1 Article 1 Article 1

Subject-matter and objectives Subject-matter and objectives Subject-matter and objectives Subject-matter and objectives

-1. This Regulation aims tosupport the digital single market,building an online European identityand encouraging online cross-borderactivities, by promoting thecompetitiveness of the .eu TLD name.

-1. This Regulation aims to supportthe digital single market, building anonline European identity and encouragingonline cross-border activities, by promotingthe competitiveness of the .eu TLD name.

EP to merge with Para 1.

1. This Regulation implements the.eu country code Top Level Domain(‘ccTLD’) and lays down the conditionsfor its implementation, including thedesignation and characteristics of theRegistry. This Regulation also establishesthe legal and general policy frameworkwithin which the designated Registry willfunction.

1. This Regulation implements the.eu country code Top Level Domain(‘ccTLD’) and lays down the conditionsfor its implementation, including thedesignation and characteristics of theRegistry. This Regulation alsoestablishes the legal and general policyframework within which the designatedRegistry will function.

1. This Regulation implements the.eu country code Top Level Domain(‘ccTLD’) and its available variants inother scripts and lays down theconditions for its implementation,including the designation andcharacteristics of the Registry. ThisRegulation also establishes the legal andgeneral policy framework within whichthe designated Registry will function.

1. This Regulation implements the .eucountry code Top Level Domain (‘ccTLD’)and its available variants in other scriptsaiming to support the digital single market,building an online European identity andencouraging online cross-border activitiesand lays down the conditions for itsimplementation, including the designationand characteristics of the Registry. ThisRegulation also establishes the legal and

15

general policy framework within which thedesignated Registry will function.

2. This Regulation shall applywithout prejudice to arrangements inMember States regarding their nationalccTLDs.



2. This Regulation shall apply withoutprejudice to arrangements in Member Statesregarding their national ccTLDs.


Definitions Definitions Definitions Definitions

For the purposes of this Regulation: For the purposes of this Regulation: For the purposes of this Regulation: For the purposes of this Regulation:

(a) "Registry" means the entity entrustedwith the organisation, administration andmanagement of the.eu TLD includingmaintenance of the correspondingdatabases and the associated public queryservices, registration of domain names,operation of the Registry of domain names,operation of the Registry TLD nameservers and dissemination of TLD zonefiles;

(a) "Registry" means the entity entrustedwith the organisation, administration andmanagement of the.eu TLD includingmaintenance of the correspondingdatabases and the associated public queryservices, registration of domain names,operation of the Registry of domainnames, operation of the Registry TLDname servers and dissemination of TLDzone files where appropriate;

(a) "Registry" means the entity entrustedwith the organisation, administration andmanagement of the.eu TLD includingmaintenance of the correspondingdatabases and the associated public queryservices, registration of domain names,operation of the Registry of domainnames, operation of the Registry TLDname servers and the distribution of theTLD zone files across name serversdissemination of TLD zone files;

(a) "Registry" means the entity entrustedwith the organisation, administration andmanagement of the.eu TLD includingmaintenance of the corresponding databasesand the associated public query services,registration of domain names, operation ofthe Registry of domain names, operation ofthe Registry TLD name servers and thedistribution of the TLD zone files acrossname servers;

(b) "Registrar" means a natural or legalperson that, on the basis of a contract withthe Registry, provides domain nameregistration services to registrants;

(b) "Registrar" means a natural or legalperson that, on the basis of a contractwith the Registry, provides domain nameregistration services to registrants;



(c) "Internationalised Domain Names(IDNs) protocols" mean standards andprotocols that support the use of domainnames in characters that are not American

(c) "Internationalised Domain Names(IDNs) protocols" mean standards andprotocols that support the use of domainnames in characters that are not

(c) "Internationalised Domain Names(IDNs) protocols" mean standards andprotocols that support the use of domainnames in characters that are not

(c) "Internationalised Domain Names(IDNs) protocols" mean standards andprotocols that support the use of domainnames in characters that are not American

16

Standard Code for InformationInterchange (ASCII) characters;

American Standard Code for InformationInterchange (ASCII) characters;

American Standard Code for InformationInterchange (ASCII) characters;

Standard Code for Information Interchange(ASCII) characters;

(d) "WHOIS database" means a collectionof data containing information on thetechnical and administrative aspects of the.eu Top Level Domain registrations;

(d) "WHOIS database" means acollection of data containing informationon the technical and administrativeaspects of the .eu Top Level Domainregistrations;

(d) "WHOIS database" means acollection of data containing informationon the technical and administrativeaspects of the .eu Top Level Domainregistrations;

(d) "WHOIS database" means a collection ofdata containing information on the technicaland administrative aspects of the .eu TopLevel Domain registrations;

(e) "principles and procedures on thefunctioning of the .eu TLD" meansdetailed rules concerning the functioningand management of the .eu TLD;



(e) "principles and procedures on thefunctioning of the .eu TLD" means detailedrules concerning the functioning andmanagement of the .eu TLD;

(f) "registration" means a series of acts andprocedural steps, from initiation tocompletion, taken by Registrars and/or theRegistry upon the request of a natural orlegal person aimed at implementing theregistration of a domain name for aspecified duration.

(f) "registration" means a series of actsand procedural steps, from initiation tocompletion, taken by Registrars and/orthe Registry upon the request of a naturalor legal person aimed at implementingthe registration of a domain name for aspecified duration.

(f) "registration" means a series of actsand procedural steps, from initiation tocompletion, taken by Registrars and/orthe Registry upon the request of a naturalor legal person aimed at implementingthe registration of a domain name for aspecified duration.

(f) "registration" means a series of acts andprocedural steps, from initiation tocompletion, taken by Registrars and/or theRegistry upon the request of a natural orlegal person aimed at implementing theregistration of a domain name for a specifiedduration.

CHAPTER II CHAPTER II CHAPTER II CHAPTER II

Implementation of the .eu TLD Implementation of the .eu TLD Implementation of the .eu TLD Implementation of the .eu TLD

Section 1 Section 1 Section 1 Section 1

GENERAL PRINCIPLES GENERAL PRINCIPLES GENERAL PRINCIPLES GENERAL PRINCIPLES


Eligibility criteria Eligibility criteria Eligibility criteria Eligibility criteria

17

Registration of one or more domain namesunder the .eu TLD can be requested by anyof the following:

Registration of one or more domainnames under the .eu TLD can berequested by any of the following:

Registration of one or more domainnames under the .eu TLD can berequested by any of the following:

Registration of one or more domain namesunder the .eu TLD can be requested by anyof the following:

(i) a Union citizen, independently of theirplace of residence; or




(ii) a natural person who is not a Unioncitizen and who is resident of a MemberState; or

(ii) a third-country national who isresident in a Member State or in a third-country member of the EEA; or



(iii) an undertaking established within theUnion; or (iii) an undertaking established in a

Member State or a third-countrymember of the EEA; or

(iii) an undertaking established within theUnion; or


(iv) an organisation established within theUnion without prejudice to the applicationof national law.

(iv) an organisation established in aMember State or in a third-countrymember of the EEA without prejudice tothe application of national law.

(iv) an organisation established withinthe Union without prejudice to theapplication of national law.

(iv) an organisation established within theUnion without prejudice to the application ofnational law.


Registration and revocation of domainnames

Registration and revocation ofdomain names

Registration and revocation ofdomain names

Registration and revocation of domainnames

1. A domain name shall be allocatedto the eligible party whose request has beenreceived first by the Registry in thetechnically correct manner as laid down bythe procedures for registration requests onthe basis of point (b) of Article 11.

1. A domain name shall beallocated to the eligible party whoserequest has been received first by theRegistry in the technically correctmanner as laid down by the proceduresfor registration requests on the basis ofpoint (b) of Article 11.

1. A domain name shall beallocated to the eligible party whoserequest has been received first by theRegistry in the technically correctmanner as laid down by the proceduresfor registration requests on the basis ofpoint (b) of Article 11.

1. A domain name shall be allocatedto the eligible party whose request has beenreceived first by the Registry in thetechnically correct manner as laid down bythe procedures for registration requests onthe basis of point (b) of Article 11.

18

2. A registered domain name shallbe unavailable for further registration untilthe registration expires without renewal, oruntil the domain name is revoked.

2. A registered domain name shallbe unavailable for further registrationuntil the registration expires withoutrenewal, or until the domain name isrevoked.

2. A registered domain name shallbe unavailable for further registrationuntil the registration expires withoutrenewal, or until the domain name isrevoked.

2. A registered domain name shall beunavailable for further registration until theregistration expires without renewal, or untilthe domain name is revoked.

3. The Registry may revoke adomain name at its own initiative andwithout submitting the dispute to anyextrajudicial settlement of conflicts, on thefollowing grounds:

3. The Registry may revoke orsuspend a domain name at its owninitiative and without submitting thedispute to any extrajudicial settlement ofconflicts, on the following grounds:

3. The Registry may revoke adomain name at its own initiative andwithout submitting the dispute to anyprior alternative dispute resolution(‘ADR’) or extrajudicial proceduresettlement of conflicts, on the followinggrounds:

3. The Registry may revoke a domainname at its own initiative and withoutsubmitting the dispute to any prioralternative dispute resolution (‘ADR’) orjudicial procedure, on the followinggrounds:

EP explains in Rec (15)

(a) outstanding unpaid debts owed to theRegistry;




(b) non-fulfilment by the domain nameholder of the eligibility criteria pursuant toArticle 3;

(b) non-fulfilment by the domain nameholder of the eligibility criteria pursuantto Article 3;

(b) non-fulfilment by the domain nameholder of the eligibility criteria pursuantto Article 3;

(b) non-fulfilment by the domain nameholder of the eligibility criteria pursuant toArticle 3;

(c) breach by the domain name holder ofthe requirements for registration requestslaid down on the basis of point (b) ofArticle 11.

(c) breach by the domain name holder ofthe requirements for registration requestslaid down on the basis of point (b) ofArticle 11.

(c) breach by the domain name holder ofthe requirements for registration requestslaid down on the basis of point (b) and(c) of Article 11.

(c) breach by the domain name holder of therequirements for registration requests laiddown on the basis of point (b) and (c) ofArticle 11.

4. A domain name may also berevoked, and where necessarysubsequently transferred to another party,subject to an appropriate alternativedispute resolution (‘ADR’) or judicialprocedure, where that name is identical orconfusingly similar to a name in respect ofwhich a right is established by national orUnion law, and where it:

4. A domain name may also berevoked, and where necessarysubsequently transferred to anotherparty, subject to an appropriatealternative dispute resolution (‘ADR’) orjudicial procedure, where that name isidentical or confusingly similar to a namein respect of which a right is established

4. A domain name may also berevoked, and where necessarysubsequently transferred to another party,subject to following an appropriatealternative dispute resolution (‘ADR’) orjudicial procedure, where that name isidentical or confusingly similar to a namein respect of which a right is establishedby national or Union law, and where it:

NEW RECITAL 15a:

(15a) A domain name that is identical orconfusingly similar to a name in respect ofwhich a right is established by national orUnion law and wich has been registeredwithout rights or legitimate interest in thename should be in principle be revokedand, where necessary, transferred to thelegitimate holder. When such a domain

19

by national or Union law. A domainname shall be revoked, and where it:

name has been established to have beenused in bad faith, it should always berevoked.

A domain name may also be revoked, andwhere necessary subsequently transferred toanother party, subject to following anappropriate alternative dispute resolution(‘ADR’) or judicial procedure, in line withthe principles and procedures on thefunctioning of the .eu TLD laid downpursuant to Article 11, where that name isidentical or confusingly similar to a name inrespect of which a right is established bynational or Union law, and where it:

In any event a domain name shall berevoked, and where it:

(a) has been registered by its holderwithout rights or legitimate interest in thename; or



(a) has been registered by its holder withoutrights or legitimate interest in the name; or

(b) has been registered or is being used inbad faith.




The Registry shall, after consulting theCommission and the .euMultistakeholder Advisory Grouppursuant to point (ca) of Article 14(3),adopt transparent and predictablepolicies in order to ensure the timelyidentification of any registrations

20

referred to in point (a) or (b) of the firstsubparagraph of this paragraph. To thatend, the Registry shall, where necessary,cooperate with law enforcementagencies and national computeremergency response teams (CERTs).

(4bis) The Registry shall adopt atransparent policy in order to ensure thetimely identification of any registrationsreferred to in Paragraphs (a) or (b) ofthis Article, including, to the extentnecessary to achieve this end, policieson cooperation with competentauthorities and other relevant publicbodies.COM to redraft

REC:

(15a - bis) The Registry should also adoptclear policies aimed at ensuring the timelyidentification of such registrations and,where necessary, cooperate withcompetent authorities and other relevantpublic bodies relevant to cybersecurity andinformation security, such as nationalComputer Emergency Response Teams(CERTs), specifically involved in the fightagainst abusive domain nameregistrations.

5. Where a domain name isconsidered by a court of a Member State tobe defamatory, racist or contrary to publicpolicy, it shall be blocked by the Registryupon notification of a court decision andshall be revoked upon notification of afinal court decision.

5. Where a domain name isconsidered by a court of a Member State,and under Union or national law, to bedefamatory, racist or contrary to publicpolicy or public security, it shall beblocked by the Registry upon notificationof a court decision. The Registry shall,upon notification of such a courtdecision, revoke the domain name.

By derogation from the first paragraph,the domain name shall not be blockedby the Registry if the court’s decision is

5. Where a domain name isconsidered by a court of a Member Stateto be defamatory, racist or contrary topublic policy, it shall be blocked by theRegistry upon notification of a courtdecision and shall be revoked uponnotification of a final court decision.

RECITAL

(22a) This Regulation respects andprovides safeguards for fundamental rightsand observes the principles recognised inparticular by the Charter of FundamentalRights of the European Union, notably theprotection of personal data, the freedom ofexpression and information and consumerprotection. Appropriate Union proceduresshould be observed when ensuring thatprovisions in national law, affecting thisRegulation, complies with Union law and

21

relevant for the purpose of animplementing act or a Council decisionadopted pursuant to Article 5 ofRegulation .../... [on the protection ofthe Union’s budget in case ofgeneralised deficiencies as regards therule of law in the Member States,2018/0136 (COD)]. That domain nameshall be revoked by the Registry uponnotification of a final court decision.

The Registry shall block from futureregistration those domain names, whichhave been subject to such a court order aslong as such order remains valid.

especially the Charter. The Registry shouldseek guidance from the Commission in caseof doubt on the compliance with Union law.

5. Where a domain name isconsidered by a court of a Member Stateunder Union law or national law thatcomplies with Union law, to be defamatory,racist or contrary to public policy or publicsecurity, it shall be blocked by the Registryupon notification of a court decision andshall be revoked upon notification of a finalcourt decision.

The Registry shall block from futureregistration those names which have beensubject to such a court order as long as suchorder remains valid.

The Registry shall block from futureregistration those domain names whichhave been subject to such a court order aslong as such order remains valid.

The Registry shall block from futureregistration those names which have beensubject to such a court order as long assuch order remains valid.

The Registry shall block from futureregistration those domain names which havebeen subject to such a court order as long assuch order remains valid.

5 a. Domain names registeredunder the .eu TLD shall be transferableonly to parties eligible for registration of.eu TLD names

5 a. Domain names registered underthe .eu TLD shall be transferable only toparties eligible for registration of .eu TLDnames.


Languages, applicable law andjurisdiction




22

1. The registration of domain namesshall be performed in all the alphabeticcharacters of the official languages of theUnion in accordance with the availableinternational standards as allowed by therelevant Internationalised Domain Names(IDNs) protocols.

1. The registration of domainnames shall be performed in all thealphabetic characters of the officiallanguages of the Union in accordancewith the available international standardsas allowed by the relevantInternationalised Domain Names (IDNs)protocols.

1. The registration of domainnames shall be performed in all thealphabetic characters of the officiallanguages of the Union in accordancewith the available international standardsas allowed by the relevantInternationalised Domain Names (IDNs)protocols.

1. The registration of domain namesshall be performed in all the alphabeticcharacters of the official languages of theUnion in accordance with the availableinternational standards as allowed by therelevant Internationalised Domain Names(IDNs) protocols.

2. Without prejudice to Regulation(EU) No 1215/2012 and rights andobligations recognised by the MemberStates or by the Union arising frominternational instruments, contractsbetween the Registry and Registrars aswell as contracts between Registrars andregistrants of domain names shall notdesignate, as applicable law, a law otherthan the law of one of the Member States,nor shall they designate as dispute-resolution body, a court, an arbitrationcourt or another body located outside theUnion.



2. Without prejudice to Regulation(EU) No 1215/2012 and rights andobligations recognised by the MemberStates or by the Union arising frominternational instruments, contracts betweenthe Registry and Registrars as well ascontracts between Registrars and registrantsof domain names shall not designate, asapplicable law, a law other than the law ofone of the Member States, nor shall theydesignate as dispute-resolution body, acourt, an arbitration court or another bodylocated outside the Union.


Reservation of domain names Reservation of domain names Reservation of domain names Reservation of domain names

1. The Registry may reserve anumber of domain names considerednecessary for its operational functions inaccordance with the contract referred to inArticle 8 (3).

1. The Registry may reserve anumber of domain names considerednecessary for its operational functions inaccordance with the contract referred toin Article 8 (3).

1. The Registry may reserve orregister a number of domain namesconsidered necessary for its operationalfunctions in accordance with the contractreferred to in Article 8 (3).

1. The Registry may reserve orregister a number of domain namesconsidered necessary for its operationalfunctions in accordance with the contractreferred to in Article 8 (3).

2. The Commission may instruct theRegistry to introduce domain names

2. The Commission may instructthe Registry to introduce domain names

2. The Commission may instructthe Registry to introduce reserve or to

2. The Commission may instruct theRegistry to introduce reserve or to register

23

directly under the .eu TLD for use by theUnion institutions and bodies.

directly under the .eu TLD for use by theUnion institutions and bodies.

register domain names directly underthe .eu TLD for use by the Unioninstitutions and bodies.

domain names directly under the .eu TLDfor use by the Union institutions and bodies.

3. Member States, without prejudiceto domain names already reserved orregistered, may notify to the Commission alist of domain names which:

3. Member States, withoutprejudice to domain names alreadyreserved or registered, may notify to theCommission a list of domain nameswhich:

3. Member States, withoutprejudice to domain names alreadyreserved or registered, may notify to theCommission a list of domain nameswhich:

3. Member States, without prejudiceto domain names already reserved orregistered, may notify to the Commission alist of domain names which:

(a) may not be registered, based onnational law; or



(a) may not be registered, based on nationallaw; or

(b) may be registered or reserved onlyunder a second level domain by theMember States. These domain names mustbe limited to broadly-recognisedgeographical and/or geopolitical termswhich affect the Member States' politicalor territorial organisation.

(b) may be registered or reservedonly at second level domain by theMember States. These domain namesshall be limited to broadly-recognisedgeographical and/or geopolitical termswhich affect the Member States' politicalor territorial organisation.

(b) may be registered or reserved onlyunder at a the second level domain by theMember States. These domain namesmust be limited to broadly-recognisedgeographical and/or geopolitical termswhich affect the Member States' politicalor territorial organisation.

3(b) may be registered or reserved only atthe second level by the Member States.These domain names must be limited tobroadly-recognised geographical and/orgeopolitical terms which affect the MemberStates' political or territorial organisation.

4. The Commission shall adopt thelists notified by the Member States bymeans of implementing acts. Thoseimplementing acts shall be adopted inaccordance with the examinationprocedure referred to in Article 17(2).



4. The Commission shall adopt thelists notified by the Member States by meansof implementing acts. Those implementingacts shall be adopted in accordance with theexamination procedure referred to in Article17(2).


Registrars Registrars Registrars Registrars

1. The Registry shall accreditregistrars in accordance with reasonable,transparent and non-discriminatoryaccreditation procedures, which have beenapproved in advance by the Commission.The Registry shall make the accreditation

1. The Registry shall accreditregistrars in accordance with reasonable,transparent and non-discriminatoryaccreditation procedures, which havebeen approved in advance by theCommission. The Registry shall make

1. The Registry shall accreditregistrars in accordance with reasonable,transparent and non-discriminatoryaccreditation procedures, which havebeen approved in advance by theCommission. The Registry shall make

1. The Registry shall accreditregistrars in accordance with reasonable,transparent and non-discriminatoryaccreditation procedures, which have beenapproved in advance by the Commission.The Registry shall make the accreditation

24

procedures publicly available in readilyaccessible form.

the accreditation procedures publiclyavailable in readily accessible form.

the accreditation procedures publiclyavailable in readily accessible form.

procedures publicly available in readilyaccessible form.

2. The Registry shall applyequivalent conditions in equivalentcircumstances in relation to the accredited.eu registrars providing equivalentservices, and provide them with servicesand information under the same conditionsand of the same quality as provided for itsown equivalent services.

2. The Registry shall applyequivalent conditions in equivalentcircumstances in relation to theaccredited .eu registrars providingequivalent services, and provide themwith services and information under thesame conditions and of the same qualityas provided for its own equivalentservices.

2. The Registry shall applyequivalent conditions in equivalentcircumstances in relation to theaccredited .eu registrars providingequivalent services, and provide themwith services and information under thesame conditions and of the same qualityas provided for its own equivalentservices.

2. The Registry shall apply equivalentconditions in equivalent circumstances inrelation to the accredited .eu registrarsproviding equivalent services, and providethem with services and information underthe same conditions and of the same qualityas provided for its own equivalent services.


REGISTRY REGISTRY REGISTRY REGISTRY


Designation of the Registry Designation of the Registry Designation of the Registry Designation of the Registry

1. The Commission shall establishthe criteria and the procedure for thedesignation of the Registry by means ofimplementing acts. Those implementingacts shall be adopted in accordance withthe examination procedure referred to inArticle 17(2).

1. The Commission shall adoptdelegated acts in accordance withArticle 17a to supplement thisRegulation by establishing the criteriaand the procedure for the designation ofthe Registry, and criteria establishingminimum requirements forcircumstances other than those referredto in Article 4, in which the registry is toblock, suspend or revoke a domainname, in order to safeguard Unionvalues, such as multilingualism, respect

1. The Commission shall establishthe eligibility and selection criteria andthe procedure for the designation of theRegistry, including the rules for a callfor expression of interests, and a draftcontract by means of implementing acts.Those implementing acts shall beadopted in accordance with theexamination procedure referred to inArticle 17(2).

1.The Commission shall adopt delegatedacts in accordance with Article 17a tosupplement this Regulation by establishingthe eligibility and selection criteria and theprocedure for the designation of the Registry

1a. The Commission shall establishthe principles to be included in thecontract between the Commission and theRegistry by means of implementing acts.Those implementing acts shall be adopted inaccordance with [the examination procedurereferred to in Article 17(2).

25

for users’ privacy and security, andrespect for human rights.

2. The Commission shall designatethe Registry following the completion ofthe procedure referred to in paragraph 1.

2. The Commission shalldesignate the Registry following thecompletion of the procedure referred toin paragraph 1.

2. The Commission shalldesignate the Registry following thecompletion of the procedure referred to inparagraph 1.

2. The Commission shall designatethe Registry following the completion of theprocedure referred to in paragraph 1.

3. The Commission shall enter intoa contract with the designated Registry.The contract shall specify the rules,policies and procedures for the provisionof services by the Registry and theconditions according to which theCommission supervises the organisation,administration and management of the.euTLD by the Registry. The contract shall belimited in time and renewable and shallinclude the principles and procedures onthe functioning of the .eu TLD laid downon the basis of Article 11.

3. The Commission shall enterinto a contract with the designatedRegistry. The contract shall specify therules, policies and procedures for theprovision of services by the Registry andthe conditions according to which theCommission supervises the organisation,administration and management of the.euTLD by the Registry. The contract shallbe limited in time and renewable andshall include the principles andprocedures on the functioning of the .euTLD laid down on the basis of Articles10 and 11 of this Regulation.

3. The Commission shall enter intoa contract with the designated Registry.The contract shall specify the rules,policies and procedures for the provisionof services by the Registry and theconditions according to which theCommission supervises the organisation,administration and management of the.euTLD by the Registry. The contract shallbe limited in time and renewable onceand shall include the principles andprocedures on the functioning of the .euTLD laid down on the basis of Article 11.

3. The Commission shall enter intocontract with the designated Registry. Thecontract shall specify the rules, policies andprocedures for the provision of services bythe Registry and the conditions according towhich the Commission supervises theorganisation, administration andmanagement of the.eu TLD by the Registry.The contract shall be limited in time andrenewable once without organising a newselection procedure and shall reflect theobligations of the Registry and include theprinciples and procedures on the functioningof the .eu TLD laid down on the basis ofArticles 10 and 11 of this Regulation.

4 By way of derogation from theprocedures referred to in paragraphs 1 and2, on imperative grounds of urgency, theCommission may designate the Registryby means of immediately applicableimplementing acts in accordance with theprocedure referred to in Article 17(3).

4 By way of derogation from theprocedures referred to in paragraphs 1and 2, on imperative grounds of urgency,the Commission may designate theRegistry by means of immediatelyapplicable implementing acts inaccordance with the procedure referredto in Article 17(3).

4 By way of derogation from theprocedures referred to in paragraphs 1and 2, on imperative grounds of urgency,the Commission may designate theRegistry by means of immediatelyapplicable implementing acts inaccordance with the procedure referred toin Article 17(3).

4 By way of derogation from theprocedures referred to in paragraphs 1 and 2,on imperative grounds of urgency, theCommission may designate the Registry bymeans of immediately applicableimplementing acts in accordance with theprocedure referred to in Article 17(3).

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Characteristics of the Registry Characteristics of the Registry Characteristics of the Registry Characteristics of the Registry

1. The Registry shall have itsregistered office, central administrationand principal place of business within theterritory of the Union.

1. The Registry shall have itsregistered office, central administrationand principal place of business within theterritory of the Union.

1. The Registry shall be a non-profit organisation haveing itsregistered office, central administrationand principal place of business within theterritory of the Union.

1. The Registry shall be a non-profitorganisation haveing its registered office,central administration and principal place ofbusiness within the territory of the Union.

2. The Registry may impose feesdirectly related to costs incurred, in so faras authorised by the contract concludedpursuant to Article 8 (3).

2. The Registry may impose feesdirectly related to costs incurred, in so faras authorised by the contract concludedpursuant to Article 8 (3).

2. The Registry may impose feesdirectly related to costs incurred, in so faras authorised by the contract concludedpursuant to Article 8 (3). Those fees shallbe directly related to the costsincurred.

2. The Registry may impose feesdirectly related to costs incurred, in so far asauthorised by the contract concludedpursuant to Article 8 (3). Those fees shall bedirectly related to the costs incurred.


Obligations of the Registry Obligations of the Registry Obligations of the Registry Obligations of the Registry

The Registry shall: The Registry shall: The Registry shall: The Registry shall:

(-a) promote the .eu TLD across theUnion and in third countries in order toensure its competitiveness;

(-a) promote the .eu TLD across theUnion and in third countries;

(a) observe the rules, policies andprocedures laid down in this Regulationand the contract referred to in Article 8 (3);

(a) observe the rules, policies andprocedures laid down in this Regulationand the contract referred to in Article 8(3), and in particular Union dataprotection law;;

(a) observe the rules, policies andprocedures laid down in this Regulationand the contract referred to in Article 8(3);

(a) observe the rules, policies and procedureslaid down in this Regulation and the contractreferred to in Article 8 (3) and in particularUnion data protection law;

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(b) organise, administer and manage the.eu TLD in the general interest and on thebasis of principles of quality, efficiency,reliability, transparency, accessibility andnon-discrimination and by ensuring fairconditions of competition;

(b) organise, administer and manage the.eu TLD in the general public interest andon the basis of principles of quality,efficiency, reliability, transparency,accessibility and non-discrimination andby ensuring fair conditions ofcompetition;

(b) organise, administer and manage the.eu TLD in the general interest and on thebasis of principles of quality, efficiency,reliability, security, stability,transparency, accessibility and non-discrimination and by ensuring fairconditions of competition;

(b) organise, administer and manage the .euTLD in the general public interest andensure in all aspects of the administrationand management of the .eu TLD, highquality, transparency, security, stability,predictability, reliability, accessibility,efficiency, non-discrimination fairconditions of competition and theapplication of consumer protectionmeasures for a .eu TLD name;

(b a) in all aspects of theadministration and management of the.eu TLD, ensure high quality,transparency, predictability, reliability,accessibility, efficiency, non-discrimination fair conditions ofcompetition and the application ofconsumer protection measures for a .euTLD name;

Moved to (b)

(c) enter into an appropriate contractproviding for the delegation of the .eu TLDcode, subject to prior consent of theCommission;

(c) enter into an appropriate contractproviding for the delegation of the .euTLD code, subject to prior consent of theCommission;

(c) enter into an appropriate contractproviding for the delegation of the .euTLD code, subject to prior consent of theCommission;

(c) enter into an appropriate contractproviding for the delegation of the .eu TLDcode, subject to prior consent of theCommission;

(d) perform the registration of domainnames in the .eu TLD where requested byany eligible party referred to in Article 3;



(d) perform the registration of domain namesin the .eu TLD where requested by anyeligible party referred to in Article 3;

(e) ensure, without prejudice to any courtproceedings and subject to adequateprocedural guarantees for the parties




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concerned, the possibility for Registrarsand registrants to bring any contractualdispute with the Registry to an AlternativeDispute Resolution (ADR) body;

concerned, the possibility for Registrarsand registrants to bring any contractualdispute with the Registry to anAlternative Dispute Resolution (ADR)body;

concerned, the possibility for Registrarsand registrants to bring any contractualdispute with the Registry to anAlternative Dispute Resolution (ADR)body;

concerned, the possibility for Registrars andregistrants to bring any contractual disputewith the Registry to an Alternative DisputeResolution (ADR) body;

(f) ensure the availability and authenticityof the databases of domain names;

(f) ensure the availability andauthenticity of the databases of domainnames;

(f) ensure the availability and integrityauthenticity of the databases of domainnames;

(f) ensure the availability and integrityauthenticity of the databases of domainnames;

(g) enter into an agreement, at its ownexpenses and with the consent of theCommission, with a reputable trustee orother escrow agent established within theterritory of the Union designating theCommission as the beneficiary of theescrow agreement and submit to therespective trustee or escrow agent, on adaily basis, an electronic copy of thecontent of the .eu TLD database;

(g) enter into an agreement, at its ownexpenses and with the consent of theCommission, with a reputable trustee orother escrow agent established within theterritory of the Union designating theCommission as the beneficiary of theescrow agreement and submit to therespective trustee or escrow agent, on adaily basis, an electronic copy of thecontent of the .eu TLD database;

(g) enter into an agreement, at its ownexpenses and with the consent of theCommission, with a reputable trustee orother escrow agent established within theterritory of the Union designating theCommission as the beneficiary of theescrow agreement and submit to therespective trustee or escrow agent, on adaily basis, an up-to-date electroniccopy of the content of the .eu TLDdatabase;

(g) enter into an agreement, at its ownexpenses and with the consent of theCommission, with a reputable trustee orother escrow agent established within theterritory of the Union designating theCommission as the beneficiary of the escrowagreement and submit to the respectivetrustee or escrow agent, on a daily basis, anup-to-date electronic copy of the content ofthe .eu TLD database;

(h) implement the lists referred to inArticle 6 (3);



(h) implement the lists referred to in Article6 (3);

(i) promote the objectives of the Union inthe field of internet governance; (i) promote the objectives of the

Union in the field of internet governanceinter alia by participating ininternational fora;

(i) promote the objectives of the Union inthe field of internet governance;

(i) promote the objectives of the Unionin the field of internet governance inter aliaby participating in international fora;

(j) publish the principles and procedures onthe functioning of the .eu TLD laid downon the basis of Article 11 in all officiallanguages of the Union;

(j) publish the principles and procedureson the functioning of the .eu TLD laiddown on the basis of Article 11 in allofficial languages of the Union;

(j) publish the principles and procedureson the functioning of the .eu TLD laiddown on the basis of Article 11 in allofficial languages of the Union;

(j) publish the principles and procedures onthe functioning of the .eu TLD laid down onthe basis of Article 11 in all officiallanguages of the Union;

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(k) undertake an audit by an independentbody at its own expense and at least everytwo years to certify compliance with thepresent Regulation and send the outcometo the Commission;

(k) undertake an audit by an independentbody at its own expense and at least everytwo years to certify compliance with thisRegulation and send the outcome to theCommission;

(k) undertake an audit by an independentbody at its own expense and at least everytwo years to certify compliance with thepresent Regulation and send the outcometo the Commission;

(k) undertake an audit by an independentbody at its own expense and at least everytwo years to certify compliance with thisRegulation and send the outcome to theCommission;

(l) participate, at the request of theCommission, in the work of the .euMultistakeholder Council and cooperatewith the Commission for improving thefunctioning and management of the .euTLD.

(l) participate, at the request of theCommission, in the work of the .euMultistakeholder Council and cooperatewith the Commission for improving thefunctioning and management of the .euTLD.

(l) participate, at the request of theCommission, in the work of the .euMultistakeholder Council Group andcooperate with the Commission forimproving the functioning andmanagement of the .eu TLD.

(l) participate, at the request of theCommission, in the work of the .euMultistakeholder Advisory Group andcooperate with the Commission forimproving the functioning and managementof the .eu TLD.


Principles and procedures on thefunctioning of the .eu TLD




The contract, concluded between theCommission and the designated Registryin accordance with Article 8 (3), shallcontain the principles and proceduresconcerning the functioning of the .eu TLD,in compliance with this Regulation,including the following:

1. The contract, concluded between theCommission and the designated Registryin accordance with Article 8(3), shallcontain the principles and proceduresconcerning the functioning of the .euTLD, in compliance with thisRegulation, including the following:

The contract, concluded between theCommission and the designated Registryin accordance with Article 8 (3), shallcontain the principles and proceduresconcerning the functioning of the .euTLD, in compliance with this Regulation,including the following:

The contract, concluded between theCommission and the designated Registry inaccordance with Article 8 (3), shall containthe principles and procedures concerning thefunctioning of the .eu TLD, in compliancewith this Regulation, including thefollowing:

(a) an ADR policy; (a) an ADR policy; (a) an ADR policy; (a) an ADR policy;

(b) requirements and procedures forregistration requests, policy on verificationof registrants data and speculativeregistration of domain names;

(b) requirements and proceduresfor registration requests, systems forverification that the criterion forregistration are fulfilled, includingverification of the identity of registrants,

(b) requirements and procedures forregistration requests, policy onverification of registrants data andspeculative registration of domainnames;

(b) requirements and procedures forregistration requests, policy on verificationof registration criteria, policy onverification of registrants data andspeculative registration of domain names;

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data and speculative registration ofdomain names;

(c) policy on abusive registration ofdomain names;



(c) policy on abusive registration of domainnames and policy on timely identifcation ofdomains registered and used in bad faithreferred to in Article 4;

(d) policy on revocation of domain names; (d) policy on revocation of domainnames;

(d) policy on revocation of domainnames;

(d) policy on revocation of domain names;

(e) treatment of intellectual property rights; (e) treatment of intellectual propertyrights;

(e) treatment of intellectual propertyrights;

(e) treatment of intellectual property rights;

(f) measures aimed at enabling competentauthorities to have access to the data in theRegistry for the purposes of prevention,detection, investigation and prosecution ofcrime, as provided by Union or nationallaw;

(f) measures aimed at enablingcompetent authorities to have access tothe data in the Registry for the purposesof prevention, detection, investigationand prosecution of crime, as provided byUnion or national law subject to theappropriate checks and balances;

(f) measures aimed atenabling competent authorities to haveaccess to the data in the Registry for thepurposes of prevention, detection,investigation and prosecution of crime, asprovided by Union or national law;

(f) measures aimed at enablingcompetent authorities to have access to thedata in the Registry for the purposes ofprevention, detection, investigation andprosecution of crime, as provided by Unionlaw or national law that complies withUnion law, subject to the appropriatechecks and balances;

(g) detailed procedures to amend thecontract.




1a. However, measures as referredto in point (f) of paragraph 1, providedfor by national law, shall not be appliedif they are relevant for the purpose of animplementing act or a Council decisionadopted pursuant to Article 5 ofRegulation .../... [on the protection ofthe Union’s budget in case of

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generalised deficiencies as regards therule of law in the Member States,2018/0136 (COD)]. That measure maybe used based on a final court decisionor other final administrative action.


WHOIS database WHOIS database WHOIS database WHOIS database

1. The Registry shall set up andmanage a WHOIS database facility for thepurpose of providing accurate and up todate registration information about thedomain names under the .eu TLD.

1. The Registry shall set up andwith due diligence manage a WHOISdatabase facility for the purpose ofproviding accurate and up to dateregistration information about thedomain names under the .eu TLD.

1. The Registry shall set up andmanage a WHOIS database facility forthe purpose of ensuring transparencyby providing accurate and up to dateregistration information about thedomain names under the .eu TLD.

1. The Registry shall set up and withdue diligence manage a WHOIS databasefacility for the purpose of ensuring thesecurity, stability and resilience of the .euTop Level Domain by providing accurateand up to date registration information aboutthe domain names under the .eu TLD.

2. The WHOIS database shallcontain relevant information, which is notexcessive in relation to the purpose of thedatabase, about the points of contactadministering the domain names under the.eu TLD and the holders of the domainnames. Where the domain name holder is anatural person, the information that is to bemade publicly available shall be subject tothe domain name holder’s consent withinthe meaning of Regulation 2016/679.

2. The WHOIS database shallcontain relevant information, inaccordance with Regulation (EU)2016/679. In particular, the informationcollected shall not be excessive inrelation to the purpose of the database,about the points of contact administeringthe domain names under the .eu TLD andthe holders of the domain names. Wherethe domain name holder is a naturalperson, the information that is to be madepublicly available shall be subject to thedomain name holder’s consent within themeaning of Regulation 2016/679.

2. The WHOIS database shallcontain relevant information, which isnot excessive in relation to the purpose ofthe database, about the points of contactadministering the domain names underthe .eu TLD and the holders of thedomain names. Where the domain nameholder is a natural person suchinformation relates to an identified oridentifiable natural person, theinformation that is to be made publiclyavailable shall be subject to the domainname holder’s data subject's consentwithin the meaning of Regulation2016/679.

2. The WHOIS database shall containrelevant information, which is not excessivein relation to the purpose of the database,about the points of contact administering thedomain names under the .eu TLD and theholders of the domain names, in fullcompliance with Regulation 2016/679.

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OVERSIGHT OF THE REGISTRY OVERSIGHT OF THE REGISTRY OVERSIGHT OF THE REGISTRY OVERSIGHT OF THE REGISTRY


Supervision Supervision Supervision Supervision

1. The Commission shall monitorand supervise the organisation,administration and management of the .euTLD by the Registry.

1. The Commission shall monitorand supervise the organisation,administration and management of the.eu TLD by the Registry.

1. The Commission shall monitorand supervise the organisation,administration and management of the.eu TLD by the Registry.

1. The Commission shall monitor andsupervise the organisation, administrationand management of the .eu TLD by theRegistry.

2. The Commission shall ascertainthe soundness of financial management,the compliance with the Regulation andwith the principles and procedures on thefunctioning of the .eu TLD referred to inArticle 11 by the Registry and may requestinformation for that purpose.

2. The Commission shall ascertainthe soundness of financial management,the compliance with the Regulation andwith the principles and procedures on thefunctioning of the .eu TLD referred to inArticle 11 by the Registry and mayrequest information for that purpose.

2. The Commission shall ascertainthe soundness of financial management,the compliance with the Regulation andwith the principles and procedures on thefunctioning of the .eu TLD referred to inArticle 11 by the Registry and mayrequest information for that purpose.

2. The Commission shall ascertain thesoundness of financial management, thecompliance with the Regulation and with theprinciples and procedures on the functioningof the .eu TLD referred to in Article 11 bythe Registry and may request information forthat purpose.

3. In accordance with itssupervisory activities, the Commissionmay convey specific instructions to theRegistry for correcting and/or improvingthe organisation, administration andmanagement of the .eu TLD.



3. In accordance with its supervisoryactivities, the Commission may conveyspecific instructions to the Registry forcorrecting and/or improving theorganisation, administration andmanagement of the .eu TLD.

4. The Commission may, asappropriate, consult stakeholders and seekexpert advice on the results of thesupervisory activities provided in thisArticle and on ways to improve the

4. The Commission may, asappropriate, consult the .euMultistakeholder Advisory Group andother stakeholders and seek expertadvice on the results of the supervisory

4. The Commission may, asappropriate, consult the relevantstakeholders and seek expert advice onthe results of the supervisory activitiesprovided in this Article and on ways to

4. The Commission may, asappropriate, consult the .euMultistakeholder Advisory Group andother relevant stakeholders and seek expertadvice on the results of the supervisory

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organisation, administration andmanagement of the .eu TLD by theRegistry.

activities provided in this Article and onways to improve the organisation,administration and management of the.eu TLD by the Registry.

improve the organisation, administrationand management of the .eu TLD by theRegistry.

activities provided in this Article and onways to improve the organisation,administration and management of the .euTLD by the Registry.


.eu Multistakeholder Council.eu Multistakeholder Advisory Group

.eu Multistakeholder Council Group.eu Multistakeholder Advisory Group

1. A .eu Multistakeholder Councilshall be established to advise theCommission on the implementation of thepresent Regulation.

1. A .eu MultistakeholderAdvisory Group shall be established toadvise the Commission on theimplementation of this Regulation. TheCommission shall take account of anyadvice and recommendations providedby the .eu Multistakeholder AdvisoryGroup in implementing all aspects ofthis Regulation.

1. The Commission shallestablish aA .eu MultistakeholderCouncil Group shall be established toadvise the Commission on theimplementation of the presentRegulation. which shall have thefollowing tasks:

1. The Commission shall establish a.eu Multistakeholder Advisory Groupwhich shall have the following tasks:

(a) assist and advise theCommission in theimplementation of the presentRegulation;

(a) advise the Commission in theimplementation of the presentRegulation;

(b) issue opinions to theCommission on strategicmatters of management,organisation and administrationof the .eu TLD;

(b) issue opinions to theCommission on strategic mattersof management, organisation andadministration of the .eu TLD,including issues related tocybersecurity and data protection;

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(c) advise the Commission onmatters of monitoring andsupervision of the Registry.

(c) advise the Commission onmatters of monitoring andsupervision of the Registry, inparticular with regard to the auditreferred to in point (k) of Article10;

(c a) advise the Commission on bestpractices as regards policies andmeasures enabling the Commission toidentify and, where necessary, takeappropriate actions against domainnames registered by its holder withoutrights or legitimate interest in the name,domain names being used in bad faith,including on cooperation with lawenforcement agencies and CERTs.

New Recital (16bis):

In order to timely identify domainsregistered and used in bad faith referredto in Article 4 of this Regulation, e.g. byundermining public security or publicorder by means of disinformation, theRegistry should cooperate with lawenforcement agencies and other publicbodies relevant to cybersecurity andinformation security, such as nationalComputer Emergency Response Teams(CERTs). Such cooperation shouldinclude, inter alia, measures to facilitateinformation exchange. To this end andwith regard to the best practice, theRegistry should consult the Commission

(c a) advise the Commission on bestpractices as regards policies and measuresenabling the Commission to identify and,where necessary, take appropriate actionsagainst abusive registrations of domainnames, in particular registrations withoutrights or legitimate interests and bad faithusage being used in bad faith. registered byits holder without rights or legitimateinterest in the name, domain names beingused in bad faith. including on cooperationwith law enforcement agencies and CERTs.

35

and other relevant public and privatestakeholders.

1a. The Commission shall take account ofany advice and recommendations providedby the .eu Multistakeholder AdvisoryGroup in implementing all aspects of thisRegulation.

2. The .eu Multistakeholder Councilshall be composed of representativesdrawn from the private sector, the technicalcommunity, Member States andinternational organisations, civil societyand academia and appointed by theCommission on the basis of an open andtransparent procedure.

2. The .eu MultistakeholderAdvisory Group shall be composed ofrepresentatives drawn from the privatesector, the technical community,Member States and from internationalorganisations, civil society and academiaand appointed by the Commission on thebasis of an open and transparentprocedure, taking utmost account theprinciple of gender equality.

2. The .eu MultistakeholderCouncil Group shall be composed ofrepresentatives from stakeholdersestablished in the European Uniondrawn from the private sector, thetechnical community, the Member Statesand international organisations, civilsociety and academia and appointed bythe Commission on the basis of an open,non-discriminatory and transparentprocedure.

The .eu Multistakeholder Group mayinvite stakeholders established outsidethe Union to its meetings, on a case-by-case basis.

Com to redraft especially the second para.

2. The .eu Multistakeholder AdvisoryGroup shall be composed of representativesfrom stakeholders established in theEuropean Union drawn from the privatesector, the technical community, civilsociety and academia, as well as fromRepresentatives other than those ofMember States’ authorities and frominternational organisations. Members otherthan Member States’ authorities andinternational organisations shall be andappointed by the Commission on the basis ofan open, non-discriminatory andtransparent procedure, taking utmostaccount the principle of gender equality.

The .eu Multistakeholder AdvisoryGroup may include no more than onerepresentative of stakeholders establishedoutside the Union.

3. The .eu Multistakeholder Councilshall have the following tasks: 3. The .eu Multistakeholder

Advisory Group shall have the followingtasks:

3. The .eu MultistakeholderCouncil shall have the following tasks:

Moved to Paragraph 1.

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(a) assist and advise the Commission in theimplementation of the present Regulation; (a) assist and advise the Commission in

the implementation of the presentRegulation;

(a) assist and advise the Commission inthe implementation of the presentRegulation;

(b) issue opinions on matters ofmanagement, organisation andadministration of the .eu TLD;

(b) issue opinions on matters ofmanagement, organisation andadministration of the .eu TLD, includingissues related to cybersecurity and dataprotection;

(b) issue opinions on matters ofmanagement, organisation andadministration of the .eu TLD;

(c) advise the Commission on matters ofmonitoring and supervision of theRegistry.

(c) advise the Commission onmatters of monitoring and supervision ofthe Registry, in particular with regard tothe audit referred to in point (k) ofArticle 10.

(c) advise the Commission on matters ofmonitoring and supervision of theRegistry.

4. The .eu Multistakeholder Groupshall be chaired by a representative ofthe Commission or by a personappointed by the Commission. TheCommission shall provide secretarialservices to the .eu MultistakeholderGroup.

4. The .eu Multistakeholder AdvisoryGroup shall be chaired by arepresentative of the Commission or by aperson appointed by the Commission. TheCommission shall provide secretarialservices to the .eu MultistakeholderGroup.

CHAPTER III CHAPTER III CHAPTER III CHAPTER III

Final provisions Final provisions Final provisions Final provisions

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Reservation of rights Reservation of rights Reservation of rights Reservation of rights

The Union retains all rights relating tothe .eu TLD including, in particular,intellectual property rights and other rightsto the Registry databases required toensure the implementation of thisRegulation and the right to re-designate theRegistry.

The Union retains all rights relating tothe .eu TLD including, in particular,intellectual property rights and otherrights to the Registry databases requiredto ensure the implementation of thisRegulation and the right to re-designatethe Registry.

The Union retains all rights relating tothe .eu TLD including, in particular,intellectual property rights and otherrights to the Registry databases requiredto ensure the implementation of thisRegulation and the right to re-designatethe Registry.

The Union retains all rights relating tothe .eu TLD including, in particular,intellectual property rights and other rightsto the Registry databases required to ensurethe implementation of this Regulation andthe right to re-designate the Registry.


Evaluation and review Evaluation and review Evaluation and review Evaluation and review

1. No later than five years after thedate of application of this Regulation, andeach three years thereafter, theCommission shall assess theimplementation, effectiveness andfunctioning of the .eu TLD.

1. No later than three years afterthe date of application of this Regulation,and each three years thereafter, theCommission shall assess theimplementation, effectiveness andfunctioning of the .eu TLD, based inparticular on the information submittedby the Registry pursuant to point (k) ofArticle 10.

1. No later than five years after thedate of application of this Regulation,and each three years thereafter, theCommission shall assess theimplementation, effectiveness andfunctioning of the .eu TLD.

1. No later than five years after thedate of application of this Regulation, andeach three years thereafter, the Commissionshall assess the implementation,effectiveness and functioning of the .euTLD, based in particular on theinformation submitted by the Registrypursuant to point (k) of Article 10.

1 a. The Commission shall, by ...[insert date three years after the date ofapplication of this Regulation], assessthe role of this Regulation in preventingcybersquatting and providing simpleadministrative procedures, in particularfor SMEs. It shall also assess the

(5 a) The Commission should promotethe cooperation between the Registry andthe European Union Intellectual PropertyOffice (EUIPO) and other Union agencieswith the objective to fight speculative andabusive registrations of domain names,including cybersquatting, and provide

38

potential role of EUIPO and otherUnion agencies in the registration of .euTLD names and, if appropriate, takeappropriate action such as, proposingappropriate legislative measures.

simple administrative procedures, inparticular for SMEs.

1.a The Commission shall assess by [June2020], also taking into account currentpractice, whether and how the Registrymay cooperate with the European UnionIntellectual Property Office (EUIPO)and/or other Union agencies with a viewto fight against speculative and abusiveregistrations of domain names andprovide simple administrativeprocedures, in particular for SMEs, and,where necessary, take action. and,propose, if necessary, further measures inthis regard.

1b. No later than [two years after the date ofapplication of this Regulation] TheCommission shall assess the possibility ofextending the eligitibility criteria set out inArticle 9 and, if approporiate, theCommission may present a legislativeproposal.

2. The Commission shall submit areport to the European Parliament and theCouncil on the findings of the assessmentreferred to in paragraph 1.

2. The Commission shall submit areport to the European Parliament and theCouncil on the findings of the assessmentreferred to in paragraphs 1 and 1a,accompanied, if necessary, byappropriate legislative proposals.

2. The Commission shall submit areport to the European Parliament and theCouncil on the findings of the assessmentreferred to in paragraph 1.

2. The Commission shall submit areport to the European Parliament and theCouncil on the findings of the assessmentreferred to in paragraphs 1 and 1a

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Committee procedure Committee procedure Committee procedure Committee procedure

1. The Commission shall be assistedby a committee. That committee shall be acommittee within the meaning ofRegulation (EU) No 182/2011.

1. The Commission shall beassisted by a committee. That committeeshall be a committee within the meaningof Regulation (EU) No 182/2011.

1. The Commission shall beassisted by athe Communicationscommittee (COCOM) established by[../..]. That committee shall be is acommittee within the meaning ofRegulation (EU) No 182/2011.

1. The Commission shall be assistedby athe Communications committee(COCOM) established by [../..]. Thatcommittee shall be is a committee within themeaning of Regulation (EU) No 182/2011.

2. Where reference is made to thisparagraph, Article 5 of Regulation (EU)No 182/2011 shall apply.



2. Where reference is made to thisparagraph, Article 5 of Regulation (EU) No182/2011 shall apply.

3. Where reference is made to thisparagraph, Article 8 of Regulation (EU)No 182/2011, in conjunction with Article 5thereof, shall apply.

3. Where reference is made to thisparagraph, Article 8 of Regulation (EU)No 182/2011, in conjunction withArticle 5 thereof, shall apply.

3. Where reference is made to thisparagraph, Article 8 of Regulation (EU)No 182/2011, in conjunction withArticle 5 thereof, shall apply.

3. Where reference is made to thisparagraph, Article 8 of Regulation (EU) No182/2011, in conjunction with Article 5thereof, shall apply.

Article 17aArticle 17a

Exercise of the delegationExercise of the delegation

1. The power to adopt a delegatedact referred to in Article 8(1) isconferred on the Commission subject tothe conditions laid down in this Article.

1. The power to adopt a delegated actreferred to in Article 8(1) is conferred onthe Commission subject to the conditionslaid down in this Article.

2. The power to adopt delegatedacts referred to in Article 8(1) shall beconferred on the Commission for aperiod of five years from ... [the date ofentry in to force of this Regulation]. TheCommission shall draw up a report inrespect of the delegation of power notlater than nine months before the end of

2. The power to adopt delegated actsreferred to in Article 8(1) shall be conferredon the Commission for a period of fiveyears from ... [the date of entry in to forceof this Regulation]. The Commission shalldraw up a report in respect of thedelegation of power not later than ninemonths before the end of the five-yearperiod. The delegation of power shall be

40

the five-year period. The delegation ofpower shall be tacitly extended forperiods of an identical duration, unlessthe European Parliament or theCouncil opposes such extension notlater than three months before the endof each period.

tacitly extended for periods of an identicalduration, unless the European Parliamentor the Council opposes such extension notlater than three months before the end ofeach period.

3. The delegation of powerreferred to in Article 8(1) may berevoked at any time by the EuropeanParliament or by the Council. Adecision to revoke shall put an end to thedelegation of the power specified in thatdecision. It shall take effect the dayfollowing the publication of the decisionin the Official Journal of the EuropeanUnion or at a later date specifiedtherein. It shall not affect the validity ofany delegated acts already in force.

3. The delegation of power referredto in Article 8(1) may be revoked at any timeby the European Parliament or by theCouncil. A decision to revoke shall put anend to the delegation of the power specifiedin that decision. It shall take effect the dayfollowing the publication of the decision inthe Official Journal of the European Unionor at a later date specified therein. It shallnot affect the validity of any delegated actsalready in force.

4. Before adopting a delegatedact, the Commission shall consultexperts designated by each MemberState in accordance with the principleslaid down in the Inter-institutionalAgreement of 13 April 2016 on BetterLaw-Making.

4. Before adopting a delegated act,the Commission shall consult expertsdesignated by each Member State inaccordance with the principles laid down inthe Inter-institutional Agreement of 13April 2016 on Better Law-Making.

5. As soon as it adopts a delegatedact, the Commission shall notify itsimultaneously to the EuropeanParliament and to the Council.

5. As soon as it adopts a delegatedact, the Commission shall notify itsimultaneously to the EuropeanParliament and to the Council.

6. A delegated act adoptedpursuant to Article 8(1) shall enter into

6. A delegated act adopted pursuantto Article 8(1) shall enter into force only if

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force only if no objection has beenexpressed either by the EuropeanParliament or the Council within aperiod of two months of notification ofthat act to the European Parliament andthe Council or if, before the expiry ofthat period, the European Parliamentand the Council have both informed theCommission that they will not object.That period shall be extended by twomonths at the initiative of the EuropeanParliament or of the Council.

no objection has been expressed either bythe European Parliament or the Councilwithin a period of two months ofnotification of that act to the EuropeanParliament and the Council or if, before theexpiry of that period, the EuropeanParliament and the Council have bothinformed the Commission that they will notobject. That period shall be extended by twomonths at the initiative of the EuropeanParliament or of the Council.


Transitional provisions Transitional provisions Transitional provisions Transitional provisions

1. Domain name holders that havedomain names registered pursuant to point(b) of Article 4 (2) of Regulation (EC) No733/2002 shall retain the rights on theexisting registered domain names underthe .eu TLD.

1. Domain name holders that havedomain names registered pursuant topoint (b) of Article 4 (2) of Regulation(EC) No 733/2002 shall retain the rightson the existing registered domain namesunder the .eu TLD.

1. Domain name holders that havedomain names registered pursuant topoint (b) of Article 4 (2) of Regulation(EC) No 733/2002 shall retain the rightson the existing registered domain namesunder the .eu TLD.

1. Domain name holders that havedomain names registered pursuant to point(b) of Article 4 (2) of Regulation (EC) No733/2002 shall retain the rights on theexisting registered domain names under the.eu TLD.

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2. By [date – no later than two yearsafter the entry into force] the Commissionshall take the necessary measures todesignate and to enter into a contract withthe Registry pursuant the presentRegulation. The contract shall produceeffects as from [date – of the application ofpresent regulation: no later than threeyears after the entry into force].

2. By [date – no later than twoyears after the entry into force] theCommission shall take the necessarymeasures to designate and to enter into acontract with the Registry pursuant thepresent Regulation. The contract shallproduce effects as from [date – of theapplication of present regulation: nolater than three years after the entry intoforce].

2. By [date – no later than twoyears after the entry into force] theCommission shall take the necessarymeasures to designate and to enter into acontract with the Registry pursuant thepresent Regulation. The contract shallproduce effects as from [date – of theapplication of present regulation: nolater than three years after the entry intoforce].

2. By [12 October 2021] the Commissionshall take the necessary measures todesignate and to enter into a contract withthe Registry pursuant the presentRegulation. The contract shall produceeffects as from [13 October 2022].

3. The contract concluded betweenthe Commission and the Registry pursuantto point (c) of Article 3 (1) of Regulation(EC) No 733/2002 shall continue toproduce effects until [date – minus 1 dayof the date of application of presentregulation: no later than three years afterthe entry into force].

3. The contract concludedbetween the Commission and theRegistry pursuant to point (c) of Article 3(1) of Regulation (EC) No 733/2002 shallcontinue to produce effects until [date –minus 1 day of the date of application ofpresent regulation: no later than threeyears after the entry into force].

3. The contract concluded betweenthe Commission and the Registrypursuant to point (c) of Article 3 (1) ofRegulation (EC) No 733/2002 shallcontinue to produce effects until [date –minus 1 day of the date of application ofpresent regulation: no later than threeyears after the entry into force].

3. The contract concluded between theCommission and the Registry pursuant topoint (c) of Article 3 (1) of Regulation (EC)No 733/2002 shall continue to produceeffects until [12 October 2022].

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ARTICLE 18a

Article 18a - Amendment of Regulation(EC) No 733/2002

Article 4 (2), point (b) of Regulation (EC)No 733/2002 is replaced by the following:

‘(b) register domain names in the .eu TLDthrough any accredited .eu Registrarrequested by:




(iv) an organisation established within theUnion without prejudice to the applicationof national law.’.


Repeal Repeal Repeal Repeal

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Regulation (EC) No 733/2002 andCommission Regulation (EC) No874/2004 are repealed with effect from[date – of the application of presentregulation: no later than three years afterthe entry into force].

Regulation (EC) No 733/2002 andCommission Regulation (EC) No874/2004 are repealed with effect from[date – of the application of presentregulation: no later than three yearsafter the entry into force].

Regulation (EC) No 733/2002 andCommission Regulation (EC) No874/2004 are repealed with effect from[date – of the application of presentregulation: no later than three years afterthe entry into force].

Regulation (EC) No 733/2002 andCommission Regulation (EC) No 874/2004are repealed with effect from [13 October2022].


Entry into force Entry into force Entry into force Entry into force

This Regulation shall enter into force onthe twentieth day following that of itspublication in the Official Journal of theEuropean Union.



This Regulation shall enter into force on thetwentieth day following that of itspublication in the Official Journal of theEuropean Union.

It shall apply from [date – no later thanthree years after the entry into force].



It shall apply from [13 October2022], except for Article 18a which shallapply from [six months ] after the entry intoforce of this Regulation.

This Regulation shall be binding in itsentirety and directly applicable in allMember States.




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Done at Brussels, Done at Brussels, Done at Brussels, Done at Brussels,

For the European Parliament For the European Parliament For the Council For the European ParliamentThe President The President The President The President

proposal for a regulation of the european ......2018/12/05 · 9 regulation (ec) no 733/2002 of the...

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