sou · GUB351 · 2007-01-01 00:00:00 — 1Advertising and tele-shopping shall be clearly distinguishable as such and recognisably separate from the other items of the programme service by optical and/or acoustic means. In principle, advertising and tele-shopping spots shall be transmitted in blocks. 2Advertising and tele-shopping shall not use subliminal techniques. 3Surreptitious advertising and tele-shopping shall not be allowed, in particular the presentation of products or services in programmes when it serves advertising purposes. 4Advertising and tele-shopping shall not feature, visually or orally, persons regularly presenting news and current affairs programmes. Article 14 – Insertion of advertising and tele-shopping (1) 1Advertising and tele-shopping shall be inserted between pro- grammes. Provided the conditions contained in paragraphs 2 to 5 of this article are fulfilled, advertising and tele-shopping spots may also be inserted during programmes in such a way that the integrity and value of the programme and the rights of the rights holders are not prejudiced. 2In programmes consisting of autonomous parts, or in sports programmes and similarly structured events and performances comprising intervals, advertising and tele-shopping spots shall only be inserted between the parts or in the intervals. 3The transmission of audiovisual works such as feature films and films made for television (excluding series, serials, light entertain- ment programmes and documentaries), provided their scheduled duration is more than forty-five minutes, may be interrupted once for each complete period of fourty-five minutes. A further inter- ruption is allowed if their scheduled duration is at least twenty minutes longer than two or more complete periods of fourty-five minutes. 4Where programmes, other than those covered by paragraph 2, are interrupted by advertising or tele-shopping spots, a period of at least twenty minutes should elapse between each successive adver- tising or tele-shopping break within the programme. 5Advertising and tele-shopping shall not be inserted in any broad- cast of a religious service. News and current affairs programmes, documentaries, religious programmes, and children's programmes, when their scheduled duration is less than thirty minutes, shall not be interrupted by advertising or tele-shopping. If their scheduled duration is thirty minutes or longer, the provisions of the previous paragraphs shall apply. (3), (1) Article 15 – Advertising and tele-shopping of particular products 1Advertising and tele-shopping for tobacco products shall not be allowed. 2Advertising and tele-shopping for alcoholic beverages of all varieties shall comply with the following rules: a.they shall not be addressed particularly to minors and no one associated with the consumption of alcoholic beverage in advertising or tele-shopping should seem to be a minor; b.they shall not link the consumption of alcohol to physical performance or driving; c.they shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal problems; d.they shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; e.they shall not place undue emphasis on the alcoholic content of beverages. 3Advertising for medicines and treatment which are only available on prescription in the transmitting Party shall not be allowed. 4Advertising for all other medicines and treatment shall be clearly distinguishable as such, honest, truthful and subject to verification and shall comply with the requirement of protection of the individual from harm. 5Tele-shopping for medicines and treatment shall not be allowed. Article 16 – Advertising and tele-shopping directed specifically at a single Party (1) 1 In order to avoid distortions in competition and endangering the television system of a Party, advertising and tele-shopping which are specifically and with some frequency directed to audiences in a single Party other than the transmitting Party shall not circumvent the television advertising and tele-shopping rules in that particular Party. 2 The provisions of the preceding paragraph shall not apply where: a.the rules concerned establish a discrimination between advertising and tele-shopping transmitted by a broad- caster within the jurisdiction of that Party and adver- tising and tele-shopping transmitted by a broadcaster or any other legal or natural person within the jurisdiction of another Party, or b.the Parties concerned have concluded bilateral or multi- lateral agreements in this area. CHAPTER IV – SPONSORSHIP Article 17 – General standards 1When a programme or series of programmes is sponsored in whole or in part, it shall clearly be identified as such by appropriate credits at the beginning and/or end of the programme. 2The content and scheduling of sponsored programmes may in no circumstances be influenced by the sponsor in such a way as to affect the responsibility and editorial independence of the broad- caster in respect of programmes. 3Sponsored programmes shall not encourage the sale, purchase or rental of the products or services of the sponsor or a third party, in particular by making special promotional references to those products or services in such programmes. Article 18 – Prohibited sponsorship (1) 1 Programmes may not be sponsored by natural or legal persons whose principal activity is the manufacture or sale of products, or the provision of services, the advertising and tele-shopping of which are prohibited by virtue of Article 15. 2Companies whose activity includes, inter alia, the manufacture or sale of medicines and treatments may sponsor pro- grammes by promoting the name, trademark, image or activities of the company, to the exclusion of any reference to medicines or specific treatment available only on prescription in the transmitting Party. 3Sponsorship of news and current affairs programmes shall not be allowed. CHAPTER IVbis – PROGRAMME SERVICES DEVOTED EXCLUSIVELY TO SELF-PROMOTION OR TELE-SHOPPING (4) Article 18bis – Programme services devoted exclusively to self- promotion 1The provisions of this Convention shall apply mutatis mutandis to programme services devoted exclusively to self-promotion. 2Other forms of advertising shall be allowed on such services within the limits established by Article 12, paragraphes 1 and 2. Article 18ter: Programme services devoted exclusively to tele- shopping 1The provisions of this Convention shall apply mutatis mutandis to programme services devoted exclusively to tele-shopping. 2Advertising shall be allowed on such services within the limits established in Article 12, paragraph 1. Article 12, paragraph 2, shall not apply. CHAPTER V – MUTUAL ASSISTANCE Article 19 – Co-operation between the Parties 1 The Parties undertake to render each other mutual assistance in order to implement this Convention. 2For that purpose: a.each designate one or more authorities, the name and address of each of which it shall communicate to the Secretary General of at the time of deposit of its instrument of ratifi- cation, acceptance, approval or accession; b.each which has designated more than one authority shall specify in its communication under sub-paragraph a. the competence of each authority. 3An authority designated by a Party shall: a.furnish the information foreseen under Article 6, para- graph 2, of this Convention; b.furnish information at the request of an authority designnated by another Party on the domestic law and practices in the fields covered by this Convention; c.co-operate with the authorities designated by the other Parties whenever useful, and notably where this would enhance the effectiveness of measures taken in imple- mentation of this Convention; d.consider any difficulty arising from the application of this Convention which is brought to its attention by an authority designated by another Party. CHAPTER VI – STANDING COMMITTEE Article 20 – (1) 1For the purposes of this Convention, a shall be set up. 2Each Party may be represented on by one or more delegates. Each delegation shall have one vote. Within the areas of its competence, Community shall exercise its right to vote with a number of votes equal to the number of its member States which are Parties to this Convention; Community shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely. 3Any State referred to in Article 29, paragraph 1, which is not a Party to this Convention may be represented on by an . 4The may seek the advice of experts in order to discharge its functions. It may, on its own initiative or at the request of the body concerned, invite any international or national, governmental or non-governmental body technically qualified in the fields covered by this Convention to be represented by an at one or part of one of its meetings. 5The shall be convened by the Secretary General of . Its first meeting shall be held within six months of the date of entry into force of the Convention. It shall subsequently meet whenever one-third of the Parties or so requests, or on the initiative of the Secretary General of in accordance with the provisions of Article 23, paragraph 2, or at the request of one or more Parties in accordance with the provisions of Articles 21, sub-paragraph c, and 25, paragraph 2. 6A majority of the Parties shall constitute a quorum for holding a meeting of . 7Subject to the provisions of Article 9bis, paragraph 3b, and Article 23, paragraph 3, the decisions of shall be taken by a majority of three-quarters of the members present. 8Subject to the provisions of this Convention, shall draw up its own Rules of Procedure. Article 21 – Functions of (1) 1 shall be responsible for following the application of this Convention. a. make recommendations to the Parties concerning the application of the Convention; b.suggest any necessary modifications of the Convention and examine those proposed in accordance with the provisions of Article 23; c.examine, at the request of one or more Parties, questions concerning the interpretation of the Convention; d.use its best endeavours to secure a friendly settlement of any difficulty referred to it in accordance with the provisions of Article 25; e.make recommendations to concerning States other than those referred to in Article 29, paragraph 1, to be invited to accede to this Convention. f.give opinions on abuse of rights under Article 24bis, paragraph 2c. 2In addition, shall: a.draw up the guidelines referred to in Article 9bis, paragraph 3b, in order to avoid differences between the implementation of the rules of this Convention con- cerning access of the public to events of major impor- tance for society and that of corresponding European Community provisions; b.give an opinion on the measures taken by Parties which have drawn up a list of national or non-national events which are considered by those Parties as being of major importance for society in accordance with Article 9bis, paragraph 2; c.publish once a year a consolidated list of the enlisted events and corresponding measures notified by Parties in accordance with Article 9bis, paragraph 2e. Article 22 – Reports of After each meeting, shall forward to the Parties and a report on its discussions and any decisions taken. CHAPTER VII – AMENDMENTS Article 23 – Amendments (1) 1Any Party may propose amendments to this Convention. 2Any proposal for amendment shall be notified to the Secretary General of who shall communicate it to the member States of , to the other States party to Cultural Convention, to Commu- nity and to any non-member State which has acceded to, or has been invited to accede to this Convention in accordance with the provisions of Article 30. The Secretary General of shall convene a meeting of at the earliest two months following the communication of the proposal. 3The shall examine any amendment pro- posed and shall submit the text adopted by a majority of three- quarters of the members of to for approval. After its approval, the text shall be forwarded to the Parties for acceptance. 4Any amendment shall enter into force on the thirtieth day after all the Parties have informed the Secretary General of their acceptance thereof. 5However, may, after consulting , decide that a particular amendment shall enter into force following the expiry of a period of two years after the date on which it has been opened to acceptance, unless a Party has notified the Secretary General of objection to its entry into force. Should such an objection be notified, the amendment shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of . 6If an amendment has been approved by , but has not yet entered into force in accordance with paragraphs 4 or 5, a State or Community may not express their consent to be bound by the Convention without accepting at the same time the amendment. CHAPTER VIII – ALLEGED VIOLATIONS OF THIS CONVENTION Article 24 – Alleged violations of this Convention 1When a Party finds a violation of this Convention, it shall communicate to the transmitting Party the alleged violation and the two Parties shall endeavour to overcome the difficulty on the basis of the provisions of Articles 19, 25 and 26. 2If the alleged violation is of a manifest, serious and grave nature which raises important public issues and concerns Articles 7, para- graphs 1 or 2, 12, 13, paragraph 1, first sentence, 14 or 15, paragraphs 1 or 3, and if it persists within two weeks following the communication, the receiving Party may suspend provisionally the retransmission of the incriminated programme service. 3In all other cases of alleged violation, with the exception of those provided for in paragraph 4, the receiving Party may suspend provisionally the retransmission of the incriminated programme service eight months following the communication, if the alleged violation persists. 4The provisional suspension of retransmission shall not be allowed in the case of alleged violations of Articles 7, paragraph 3, 8, 9 or 10. Article 24bis – Alleged abuses of rights conferred by this Convention (2) 1 When the programme service of a broadcaster is or principally directed at the territory of a Party other than that which has jurisdiction over the broadcaster (the "receiving Party"), and the broadcaster has established itself with a view to evading the laws in the areas covered by the Convention which would have applied to it had it fallen within the jurisdiction of that other Party, this shall constitute an abuse of rights. 2Where such an abuse is alleged by a Party, the following proce- dure shall apply: a.the Parties concerned shall endeavour to achieve a friendly settlement; b.if they fail to do so within three months, the receiving Party shall refer the matter to ; c.having heard the views of the Parties concerned, shall, within six months of the date on which the matter was referred to it, give an opinion on whether an abuse of rights has been committed and shall inform the Parties concerned accordingly. 3If has concluded that an abuse of rights has occurred, the Party whose jurisdiction the broadcaster is deemed to be within shall take appropriate measures to remedy the abuse of rights and shall inform measures. 4If the Party whose jurisdiction the broadcaster is deemed to be within has failed to take the measures specified in paragraph 3 within six months, the arbitration procedure set out in Article 26, paragraph 2, and the appendix of the Convention shall be pursued by the Parties concerned. 5A receiving Party shall not take any measures against the pro- gramme service concerned until the arbitration procedure has been completed. 6Any measures proposed or taken under this article shall comply with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. CHAPTER IX – SETTLEMENT OF DISPUTES Article 25 – Conciliation 1 In case of difficulty arising from the application of this Convention, the parties concerned shall endeavour to achieve a friendly settlement. 2 Unless one of the parties concerned objects, may examine the question, by placing itself at the disposal of the parties concerned in order to reach a satisfactory solution as rapidly as possible and, where appropriate, to formulate an advisory opinion on the subject. 3 Each party concerned undertakes to accord without delay all information and facilities necessary for the discharge of its functions under the preceding paragraph. Article 26 – Arbitration 1If the parties concerned cannot settle the dispute in accordance with the provisions of Article 25, they may, by common agreement, submit it to arbitration, the procedure of which is provided for in the appendix to this Convention. In the absence of such an agreement within six months following the first request to open the procedure of conciliation, the dispute may be submitted to arbitration at the request of one of the parties. 2Any Party may, at any time, declare that it recognises as compulsory, ipso facto and without special agreement in respect of any other Party accepting the same obligation, the application of the arbitration procedure provided for in the appendix to this Convention. CHAPTER X – OTHER INTERNATIONAL AGREEMENTS AND THE INTERNAL PARTIES Article 27 – Other international agreements or arrangements (1) 1In their mutual relations, Parties which are members of Community shall apply Community rules and shall not therefore apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned. 2Nothing in this Convention shall prevent the Parties from concluding international agreements completing or developing its provisions or extending their field of application. 3 In the case of bilateral agreements, this Convention shall not alter the rights and obligations of Parties which arise from such agreements and which do not affect the enjoyment of other Parties of their rights or the performance of their obligations under this Convention. Article 28 – Relations between the Convention and the internal law of the Parties (1) Nothing in this Convention shall prevent the Parties from applying stricter or more detailed rules than those provided for in this Convention to programme services transmitted by a broadcaster deemed to be within their jurisdiction, within the meaning of Article 5. CHAPTER XI – FINAL PROVISIONS Article 29 – Signature and entry into force (1) 1This Convention shall be open for signature by the member States of other States party to Cultural Convention, and by Community. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of . 2This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which seven States, of which at least five member States of , have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph. 3A State may, at the time of signature or at any later date prior to the entry into force of this Convention in respect of that State, declare that it shall apply the Convention provisionally. 4In respect of any State referred to in paragraph 1, or Community, which subsequently express their consent to be bound by it, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval. Article 30 – Accession by non-member States 1After the entry into force of this Convention, , after consulting the Contracting States may invite any other State to accede to this Convention by a decision taken by the majority provided for in Article 20d. of the Statute of the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. 2In respect of any acceding State, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of . Article 31 – Territorial application 1Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2Any State may, at any later date, by a declaration addressed to the Secretary General of , extend the application of this Convention to any other territory specified in the declaration. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be with- drawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General. Article 32 – Reservations (1) 1At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession any State may declare that it reserves the right of restrict the retransmission on its territory, solely to the extent that it does not comply with its domestic legislation, of programme services containing advertising for alcoholic beverages according to the rules provided for in Article 15, paragraph 2, of this Convention. No other reservation may be made. 2A reservation made in accordance with the preceding paragraph may not be the subject of an objection. 3Any which has made a reservation under paragraph 1 may or partly withdraw it by means of a notification addressed to the Secretary General of . The withdrawal shall take effect on the date of receipt of such notification by the Secretary General. 4A Party which has made a reservation under paragraph 1 may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. Article 33 – Denunciation 1Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of . 2Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General. Article 34 – Notifications (1) The Secretary General of shall notify the member States of , the other States party to Cultural Convention, Community and any State which has acceded to, or has been invited to accede to this Convention of: b.the deposit of any instrument of ratification, acceptance, approval or accession; c.any date of entry into force of this Convention in accordance with the provisions of Articles 29, 30 and 31; d.any report established in accordance with the provisions of Article 22; e.any other act, declaration, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at , the 5th day of 1989, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of .