# EUR-Lex - 51995IP0140 - EN

Avis juridique important

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# 51995IP0140

**Resolution on the Green Paper, ' Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union' (COM(94) 0096 - C3-0222/94) **

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Official Journal C 249 , 25/09/1995 P. 0219 *

A4-0140/95

Resolution on the Green Paper, 'Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union' (COM(94)0096 - C3-0222/94)

The European Parliament,

- having regard to its resolution of 15 February 1990 on media takeovers and mergers ((OJ C 68, 19.3.1990, p. 137.)),

- having regard to its resolution of 16 September 1992 on media concentration and diversity of opinions ((OJ C 284, 2.11.1992, p. 44.)),

- having regard to its resolution of 20 January 1994 on the Commission's Green Paper 'Pluralism and media concentration in the internal market' ((OJ C 44, 14.2.1994, p. 177.)),

- having regard to its opinion of 19 April 1994 on the proposal for a European Parliament and Council Directive on the use of standards for the transmission of television signals ((OJ C 128, 9.5.1994, p. 54.)),

- having regard to its resolution of 19 April 1994 on the communication from the Commission to the Council and the European Parliament on digital video broadcasting - a framework for Community policy and on the draft Council resolution on a framework for Community policy on digital video broadcasting ((OJ C 128, 9.5.1994, p. 57.)),

- having regard to its resolution of 6 May 1994 on the Commission communication on the application of Articles 4 and 5 of Directive 89/552/EEC - television without frontiers ((OJ C 205, 25.7.1994, p. 558.)),

- having regard to its opinion of 6 May 1994 on the proposal for a Council Decision amending Council Decision 90/685/EEC concerning the implementation of an action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995) ((OJ C 205, 25.7.1994, p. 555.)),

- having regard to its resolution of 27 October 1994 on concentration of the media and pluralism ((OJ C 323, 21.10.1994, p. 157.)),

- having regard to its resolution of 30 November 1994 on the recommendation to the European Council: 'Europe and the global information society' and the Commission communication: 'Europe's way to the information society: an action plan' ((OJ C 363, 19.12.1994, p. 33.)),

- having regard to its resolution of 16 February 1995 on the G7 conference on the information society ((OJ C 56, 5.3.1995, p. 97.)),

- having regard to the Commission's Green Paper, 'Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union' (COM(94)0096 - C3-0222/94),

- having regard to the proposal for a European Parliament and Council directive amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities of 31 May 1995 (COM(95)0086),

- having regard to the report of the think-tank on the audiovisual policy of the European Union,

- having regard to the conclusions of the European audiovisual conference from 30 June to 1 July 1994 in Brussels,

- having regard to the opinions of the Economic and Social Committee ((OJ C 393, 31.12.1994, p. 25.)) and the Committee of the Regions ((CdR 178/94.)),

- having regard to Rule 145 of its Rules of Procedure,

- having regard to the report of the Committee on Culture, Youth, Education and the Media and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on External Economic Relations and the Committee on Legal Affairs and Citizens' Rights (A4-0140/95),

A. whereas the Commission's proposal that a special strategy be adopted to promote the European programme industry for audiovisual products is justified, as a complement to existing national measures, and whereas a strong and competitive programme industry is an essential strategic part of the audiovisual sector which deserves Community support, both in the creation and promotion of European works and in audiovisual broadcasting,

B. whereas this aspect has regrettably hitherto not been satisfactorily taken into account, and authors of cultural works have not been appropriately involved in the numerous measures relating to the information society so far adopted,

C. whereas audiovisual products and works do have an economic, public service and above all cultural dimension and therefore require special attention,

D. deploring the present weakness of the European programme industry, whose European Union market share is less than 20% in the case of cinema films, less than 25% in the case of multimedia products, and only 40% in the case of documentary films, and deploring also the fact that too little importance has been given to improving archives, which is an important precondition for development of new audiovisual services,

E. supporting the Commission's principle that the diversity of European production should be taken as a starting point for a specifically European road to success,

F. whereas the future development of the European programme industry cannot be viewed in isolation from technological and economic developments in other fields, arising from moves towards the information society,

G. whereas the arrival of new partners from central and eastern Europe gives a different character and potential to the European audiovisual market,

H. whereas the growing information society is likely to boost the programme industry, which will derive new marketing opportunities from the new multimedia services,

I. fearing that an approach excessively oriented to the demands of the world market will disregard European demands necessary for productions of a local, regional and national character and for interest in avantgarde or creative productions,

J. whereas it is vital that active measures be taken to guide European production towards its place in the international market in audiovisual products, taking the necessary steps towards adaptation and promotion, and whereas recent technological developments can contribute greatly to reducing the language barriers which hinder such measures,

K. whereas the audiovisual industry will create numerous new job opportunities, but there is reason to fear that there will also be considerable losses through rationalization,

L. in the justified hope that the changes and improvements which are being sought in European subsidy schemes to be financed from Community and the Member States' resources in the areas of training, distribution and production will help to make the European programme industry and cinema more viable and their products more marketable, largely through the Media II programme and a European guarantee fund,

M. whereas the objectives of securing diversity, promoting culture and preserving or creating jobs can be achieved only if it proves possible to meet demand, which on the one hand involves appealing to a wide public and on the other hand reflects local, regional and national cultural diversity,

N. whereas European audiovisual products and works funded by the European Union should be identified by an indication or logo so that people may see the results of Community action in the audiovisual sector,

O. whereas broadcasters, especially in the public domain, have an important role, not only in commissioning, producing and co-producing audiovisual products, but in particular as broadcasters of programmes, which make them a decisive factor in the democratic opinion-forming process,

P. stressing the vital necessity that television broadcasters should continue to broadcast full and balanced programmes, to which the whole population should have access and which should be subject to effective social control,

Q. assuming that the introduction of new technologies and new methods of exploitation and marketing will be accompanied by an expansion rather than a restriction of the scope for action by broadcasters, as they have successful production arrangements which have grown up over time and as they can achieve new market successes with the aid of subsidy measures,

R. having regard to the importance which the European Parliament attaches to the desire for legislation to liberalize markets for the programme industry by approximating the rules applied in the Member States to media concentration in order to guarantee diversity of opinion,

S. having regard to the importance of the revision of the Directive on 'Television without Frontiers' for the future of the European programme industry, particularly as regards the definition of 'broadcasting' and the quota scheme,

T. having regard to the demand of European film-makers for 1% of Structural Fund resources to be used to promote the programme industry,

1. Supports the Commission's intention of creating a competitive European programme industry by means of a targeted subsidy scheme (mainly through the Media II programme and a European guarantee fund), while noting that particular priority should be given to breaking into the pan-European market which is not so far being exploited, but deplores the lack of funding granted by the Council to develop a true European audiovisual policy;

2. Believes that any policy designed to develop the information society must form part of a strategy to encourage audiovisual production and develop use of the new technologies by the media;

3. Considers that the Commission should immediately submit a specific proposal for a European guarantee fund to facilitate support for major film productions, but considers that these should not be of an exclusive nature since this would restrict cultural diversity which is also reflected in 'niche products';

4. Calls on the Commission to ensure in particular that funding is provided to genuinely independent producers, including capable small producers, who are not linked to any commercial group; the funding must be used within time limits according to the principle of 'help for self-help' and must not distort competition;

5. Calls on the Commission to draw up measures to encourage the major production and distribution firms to take an interest in creative and avant- garde productions, with a view to ensuring that such audiovisual productions gradually become distributed on a wider scale;

6. Considers that the production costs of films receiving subsidies should no longer be limited, in order to make it easier to market them;

7. Acknowledges the need to permit the enterprises concerned to acquire all exploitation rights (cinema, TV, video, multimedia services) in order to reduce the risk that it may not even be possible to cover distribution costs;

8. Considers it essential to strengthen the marketing and distribution system and proposes that steps be taken to establish a close network among the remaining independent distributors;

9. Observes that it is important to facilitate coordinated and simultaneous exploitation of European films in European cinemas and other media in all countries, as only simultaneous exploitation strategies can reach a broad public, and the Media II programme must make a decisive contribution to this;

10. Considers it necessary, in the case of low and medium budget productions, that the Media II programme and national or regional film promotion measures are also geared to ensuring that adequate promotion and marketing funds are available after completion of a production, in order to arouse international interest;

11. Calls on the Commission and Member States to create tax incentives for investment of private capital in the European television and film industry to finance the production of programmes, and to improve the tax base of the programme industry, for example by limiting corporation tax to ten per cent;

12. Recognizes the dual broadcasting system which has come into existence in Europe, but stresses the need for public broadcasters to be given equal opportunities to compete on the growing market of the information society;

13. Notes that it is essential, in the interests of equality of opportunity between commercial suppliers and public organizations, to guarantee the survival and development, including the financing, of public broadcasting;

14. Recognises the high standard of programming set by public service broadcasters, which act as a benchmark for all quality broadcasting in Europe;

15. Stresses the need for the Commission to make it clear that, in view of the special function of public broadcasting, its funding by means of fees or from state funds cannot be subject to the rules of the EC Treaty on state aid;

16. Advocates strongly that the comprehensive broadcasting concept be adhered to and extended to the new multimedia services, and believes that these new services should be included in the revised Television Without Frontiers Directive;

17. Calls for an approach to the media and programme policy whereby the new services are regarded as creating opportunities for increasing European cultural diversity, while ensuring non-discriminatory access for all users and free and open competition for all suppliers, and promotion of the programme industry is assessed in the light of this criterion;

18. Is concerned at the shift already taking place from conditions of employment at present protected by agreements on pay and social conditions to freelancing and teleworking, with inadequate social protection; this shift must be accompanied by increased social protection and entitlement for those working freelance in the media; this also means adapting copyright law and the rules relating to copyright holders to the digital multimedia landscape;

19. Calls on the Commission, when revising the Directive on 'Television without Frontiers', to clarify the law with regard to the existing uncertainties concerning the quota schemes, and to induce decision-makers in the Member States to introduce, in accordance with the country-of-establishment principle, an absolute ban on pornography and programmes which glamorize violence, and to render compulsory compliance with the net principle for the interruption of feature films by advertising;

20. Regards a quota obligation as an important means of affording access to European audiovisual products for a wide public and thus giving the European programme industry an incentive to produce diverse, culturally significant and marketable products;

21. Regards as essential cross-border cooperation among authorities responsible for authorizing and supervising commercial broadcasting in order to ensure diversity and prevent undesirable media concentration, with the aim of ensuring that national limits on concentration cannot be evaded; this could be organized through a cooperation council comprising delegates from the Member States; it should consist of independent individuals, and public and commercial suppliers should be represented equally, as should men and women; the prime task of this council should be to ensure Europe-wide transparency of ownership; working in conjunction with the European Parliament, it should draw up regular progress reports and assessments;

22. Advocates measures to support citizens' broadcasting and open channels in order to afford citizens direct access to and participation in the audiovisual media, thereby strengthening the democratic process at local and regional level given the growing importance of the electronic media in public information;

23. Regards the establishment of new forms of public service and public-private partnership as a promising development for the future, for example in the form of community networks, for which publicly accessible premises should also be made available, or in the form of 'media cafés';

24. Calls for the European system of financial incentives and assistance to be extended to Central and Eastern European countries; special funds should be granted from the Phare and Tacis programmes to expand the audiovisual sector in these countries; in the interests of solidarity in the world community, audiovisual subsidy measures should also be adopted for developing countries within the framework of existing agreements;

25. Calls for measures to ensure equal access to European audiovisual programmes through the use of equal opportunities monitoring and criteria, for the allocation and evaluation of funding in this area;

26. Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.