1989L0552 — EN — 30.07.1997 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 3 October 1989
on the coordination of certain provisions laid down by law, regulation or administrative action in
Member States concerning the pursuit of television broadcasting activities
(89/552/EEC)
(OJ L 298, 17.10.1989, p. 23)
Amended by:
OfficialJournal
No page date
►M1 Directive 97/36/EC of the European Parliament and of the Council of 30
June 1997 L 202 60 30.7.1997
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COUNCIL DIRECTIVE
of 3 October 1989
on the coordination of certain provisions laid down by law, regula-
tion or administrative action in Member States concerning the
pursuit of television broadcasting activities
(89/552/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 57 (2) and 66 thereof,
Having regard to the proposalfrom the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas the objectives of the Community as laid down in the Treaty
include establishing an even closer union among the peoples of Europe,fostering closer relations between the States belonging to theCommunity, ensuring the economic and socialprogress of its countriesby common action to eliminate the barriers which divide Europe,encouraging the constant improvement of the living conditions of itspeoples as well as ensuring the preservation and strengthening of peaceand liberty;
Whereas the Treaty provides for the establishment of a common market,
including the abolition, as between Member States, of obstacles tofreedom of movement for services and the institution of a systemensuring that competition in the common market is not distorted;
Whereas broadcasts transmitted across frontiers by means of various
technologies are one of the ways of pursuing the objectives of theCommunity; whereas measures should be adopted to permit and ensurethe transition from nationalmarkets to a common programme produc-tion and distribution market and to establish conditions of faircompetition without prejudice to the public interest role to bedischarged by the television broadcasting services;
Whereas the Councilof Europe has adopted the European Convention
on Transfrontier Television;
Whereas the Treaty provides for the issuing of directives for the coordi-
nation of provisions to facilitate the taking up of activities as self-employed persons;
Whereas television broadcasting constitutes, in normal circumstances, a
service within the meaning of the Treaty;
Whereas the Treaty provides for free movement of all services normally
provided against payment, without exclusion on grounds of theircultural or other content and without restriction of nationals of MemberStates established in a Community country other than that of the personfor whom the services are intended;
Whereas this right as applied to the broadcasting and distribution of
television services is also a specific manifestation in Community law ofa more general principle, namely the freedom of expression asenshrined in Article 10 (1) of the Convention for the Protection ofHuman Rights and FundamentalFreedoms ratified by al lMemberStates; whereas for this reason the issuing of directives on the broad-casting and distribution of television programmes must ensure their freemovement in the light of the said Article and subject only to the limitsset by paragraph 2 of that Article and by Article 56 (1) of the Treaty;
(1) OJ No C 179, 17. 7. 1986, p. 4.
(2) OJ No C 49, 22. 2. 1988, p. 53, and OJ No C 158, 26. 6. 1989.
(3) OJ No C 232, 31. 8. 1987, p. 29.
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Whereas the laws, regulations and administrative measures in Member
States concerning the pursuit of activities as television broadcasters andcable operators contain disparities, some of which may impede the freemovement of broadcasts within the Community and may distortcompetition within the common market;
Whereas all such restrictions on freedom to provide broadcasting
services within the Community must be abolished under the Treaty;
Whereas such abolition must go hand in hand with coordination of the
applicable laws; whereas this coordination must be aimed at facilitatingthe pursuit of the professional activities concerned and, more generally,the free movement of information and ideas within the Community;
Whereas it is consequently necessary and sufficient that all broadcasts
comply with the law of Member State from which they emanate;
Whereas this Directive lays down the minimum rules needed to guar-
antee freedom of transmission in broadcasting; whereas, therefore, itdoes not affect the responsibility of the Member States and their author-ities with regard to the organization — including the systems oflicensing, administrative authorization or taxation — financing and thecontent of programmes; whereas the independence of cultural develop-ments in the Member States and the preservation of cultural diversity inthe Community therefore remain unaffected;
Whereas it is necessary, in the common market, that all broadcasts
emanating from and intended for reception within the Community andin particular those intended for reception in another Member State,should respect the law of the originating Member State applicable tobroadcasts intended for reception by the public in that Member Stateand the provisions of this Directive;
Whereas the requirement that the originating Member State should
verify that broadcasts comply with national law as coordinated by thisDirective is sufficient under Community law to ensure free movementof broadcasts without secondary controlon the same grounds in thereceiving Member States; whereas, however, the receiving MemberState may, exceptionally and under specific conditions provisionallysuspend the retransmission of televised broadcasts;
Whereas it is essentialfor the Member States to ensure the prevention
of any acts which may prove detrimentalto freedom of movement andtrade in television programmes or which may promote the creation ofdominant positions which would lead to restrictions on pluralism andfreedom of televised information and of the information sector as awhole;
Whereas this Directive, being confined specifically to television broad-
casting rules, is without prejudice to existing or future Community actsof harmonization, in particular to satisfy mandatory requirementsconcerning the protection of consumers and the fairness of commercialtransactions and competition;
Whereas co-ordination is nevertheless needed to make it easier for
persons and industries producing programmes having a cultural objec-tive to take up and pursue their activities;
Whereas minimum requirements in respect of all public or private
Community television programmes for European audio-visual produc-tions have been a means of promoting production, independent produc-tion and distribution in the abovementioned industries and are comple-mentary to other instruments which are already or will be proposed tofavour the same objective;
Whereas it is therefore necessary to promote markets of sufficient size
for television productions in the Member States to recover necessaryinvestments not only by establishing common rules opening up nationalmarkets but also by envisaging for European productions where practic-able and by appropriate means a majority proportion in televisionprogrammes of all Member States; whereas, in order to allow themonitoring of the application of these rules and the pursuit of theobjectives, Member States will provide the Commission with a reporton the application of the proportions reserved for European works and
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independent productions in this Directive; whereas for the calculation of
such proportions account should be taken of the specific situation of theHellenic Republic and the Portuguese Republic; whereas the Commis-sion must inform the other Member States of these reports accompa-nied, where appropriate by an opinion taking account of, in particular,progress achieved in relation to previous years, the share of first broad-casts in the programming, the particular circumstances of new televisionbroadcasters and the specific situation of countries with a low audio-visualproduction capacity or restricted l anguage area;
Whereas for these purposes ‘European works'should be defined without
prejudice to the possibility of Member States laying down a moredetailed definition as regards television broadcasters under their juris-diction in accordance with Article 3 (1) in compliance with Communitylaw and account being taken of the objectives of this Directive;
Whereas it is important to seek appropriate instruments and procedures
in accordance with Community law in order to promote the imple-mentation of these objectives with a view to adopting suitable measuresto encourage the activity and development of European audio-visualproduction and distribution, particularly in countries with a low produc-tion capacity or restricted language area;
Whereas nationalsupport schemes for the devel opment of European
production may be applied in so far as they comply with Communitylaw;
Whereas a commitment, where practicable, to a certain proportion of
broadcasts for independent productions, created by producers who areindependent of broadcasters, will stimulate new sources of televisionproduction, especially the creation of small and medium-sized enter-prises; whereas it will offer new opportunities and outlets to themarketing of creative talents of employment of cultural professions andemployees in the cultural field; whereas the definition of the concept ofindependent producer by the Member States should take account of thatobjective by giving due consideration to small and medium-sized produ-cers and making it possible to authorize financial participation by thecoproduction subsidiaries of television organizations;
Whereas measures are necessary for Member States to ensure that a
certain period elapses between the first cinema showing of a work andthe first television showing;
Whereas in order to allow for an active policy in favour of a specific
language, Member States remain free to lay down more detailed orstricter rules in particular on the basis of language criteria, as long asthese rules are in conformity with Community law, and in particular arenot applicable to the retransmission of broadcasts originating in otherMember States;
Whereas in order to ensure that the interests of consumers as television
viewers are fully and properly protected, it is essential for televisionadvertising to be subject to a certain number of minimum rules andstandards and that the Member States must maintain the right to setmore detailed or stricter rules and in certain circumstances to lay downdifferent conditions for television broadcasters under their jurisdiction;
Whereas Member States, with due regard to Community law and in
relation to broadcasts intended solely for the national territory whichmay not be received, directly or indirectly, in one or more MemberStates, must be able to lay down different conditions for the insertion ofadvertising and different limits for the volume of advertising in order tofacilitate these particular broadcasts;
Whereas it is necessary to prohibit all television advertising promoting
cigarettes and other tobacco products including indirect forms of advert-ising which, whilst not directly mentioning the tobacco product, seek tocircumvent the ban on advertising by using brand names, symbols orother distinctive features of tobacco products or of undertakings whoseknown or main activities include the production or sale of such prod-ucts;
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Whereas it is equally necessary to prohibit all television advertising formedicinal products and medical treatment available only on prescriptionin the Member State within whose jurisdiction the broadcaster falls andto introduce strict criteria relating to the television advertising of alco-holic products;
Whereas in view of the growing importance of sponsorship in the
financing of programmes, appropriate rules should be laid down;
Whereas it is, furthermore, necessary to introduce rules to protect the
physical , mentaland moraldevel opment of minors in programmes andin television advertising;
Whereas although television broadcasters are normally bound to ensure
that programmes present facts and events fairly, it is neverthelessimportant that they should be subject to specific obligations with respectto the right of reply or equivalent remedies so that any person whoselegitimate interests have been damaged by an assertion made in thecourse of a broadcast television programme may effectively exercisesuch right or remedy.
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitions
Article 1
For the purpose of this Directive:
(a) ‘television broadcasting' means the initial transmission by
wire or over the air, including that by satellite, in unencodedor encoded form, of television programmes intended forreception by the public. It includes the communication ofprogrammes between undertakings with a view to their beingrelayed to the public. It does not include communicationservices providing items of information or other messages onindividual demand such as telecopying, electronic data banksand other similar services;
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(b) ‘broadcaster' means the naturalor l egalperson who has edito-
rial responsibility for the composition of schedules of televi-sion programmes within the meaning of (a) and who transmitsthem or has them transmitted by third parties;
(c) ‘television advertising' means any form of announcement
broadcast whether in return for payment or for similar consid-eration or broadcast for self-promotional purposes by a publicor private undertaking in connection with a trade, business,craft or profession in order to promote the supply of goods orservices, including immovable property, rights and obliga-tions, in return for payment;
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B
►M1(d)◄‘surreptitious advertising' means the representation in
words or pictures of goods, services, the name, the trademark or the activities of a producer of goods or aprovider of services in programmes when such represen-tation is intended by the broadcaster to serve advertisingand might mislead the public as to its nature. Suchrepresentation is considered to be intentionalin partic-ular if it is done in return for payment or for similarconsideration;
►
M1(e)◄‘sponsorship' means any contribution made by a public
or private undertaking not engaged in television broad-casting activities or in the production of audio-visualworks, to the financing of television programmes with a
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view to promoting its name, its trade mark, its image, itsactivities or its products;
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(f) ‘teleshopping' means direct offers broadcast to the public with
a view to the supply of goods or services, including immov-able property, rights and obligations, in return for payment.
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CHAPTER II
General provisions
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Article 2
1. Each Member State shall ensure that all television broadcasts
transmitted by broadcasters under its jurisdiction comply with the rulesof the system of law applicable to broadcasts intended for the public inthat Member State.
2. For the purposes of this Directive the broadcasters under the
jurisdiction of a Member State are:
— those established in that Member State in accordance with paragraph
3;
— those to whom paragraph 4 applies.
3. For the purposes of this Directive, a broadcaster shall be deemed
to be established in a Member State in the following cases:
(a) the broadcaster has its head office in that Member State and the
editorialdecisions about programme schedul es are taken in thatMember State;
(b) if a broadcaster has its head office in one Member State but edito-
rialdecisions on programme schedul es are taken in another MemberState, it shall be deemed to be established in the Member Statewhere a significant part of the workforce involved in the pursuit ofthe television broadcasting activity operates; if a significant part ofthe workforce involved in the pursuit of the television broadcastingactivity operates in each of those Member States, the broadcastershall be deemed to be established in the Member State where it hasits head office; if a significant part of the workforce involved in thepursuit of the television broadcasting activity operates in neither ofthose Member States, the broadcaster shall be deemed to be estab-lished in the Member State where it first began broadcasting inaccordance with the system of law of that Member State, providedthat it maintains a stable and effective link with the economy of thatMember State;
(c) if a broadcaster has its head office in a Member State but decisions
on programme schedules are taken in a third country, or vice-versa,it shall be deemed to be established in the Member State concerned,provided that a significant part of the workforce involved in thepursuit of the television broadcasting activity operates in thatMember State.
4. Broadcasters to whom the provisions of paragraph 3 are not
applicable shall be deemed to be under the jurisdiction of a MemberState in the following cases:
(a) they use a frequency granted by that Member State;
(b) although they do not use a frequency granted by a Member State
they do use a satellite capacity appertaining to that Member State;
(c) although they use neither a frequency granted by a Member State
nor a satellite capacity appertaining to a Member State they do usea satellite up-link situated in that Member State.
5. If the question as to which Member State has jurisdiction cannot
be determined in accordance with paragraphs 3 and 4, the competentMember State shall be that in which the broadcaster is established
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within the meaning of Articles 52 and following of the Treaty estab-
lishing the European Community.
6. This Directive shall not apply to broadcasts intended exclusively
for reception in third countries, and which are not received directly orindirectly by the public in one or more Member States.
Article 2a
1. Member States shall ensure freedom of reception and shall not
restrict retransmissions on their territory of television broadcasts fromother Member States for reasons which fall within the fields coordinatedby this Directive.
2. Member States may, provisionally, derogate from paragraph 1 if
the following conditions are fulfilled:
(a) a television broadcast coming from another Member State mani-
festly, seriously and gravely infringes Article 22 (1) or (2) and/orArticle 22a;
(b) during the previous 12 months, the broadcaster has infringed the
provision(s) referred to in (a) on at least two prior occasions;
(c) the Member State concerned has notified the broadcaster and the
Commission in writing of the alleged infringements and of themeasures it intends to take should any such infringement occuragain;
(d) consultations with the transmitting Member State and the Commis-
sion have not produced an amicable settlement within 15 days ofthe notification provided for in (c), and the alleged infringementpersists.
The Commission shall, within two months following notification of the
measures taken by the Member State, take a decision on whether themeasures are compatible with Community law. If it decides that theyare not, the Member State will be required to put an end to the measuresin question as a matter of urgency.
3. Paragraph 2 shall be without prejudice to the application of any
procedure, remedy or sanction to the infringements in question in theMember State which has jurisdiction over the broadcaster concerned.
Article 3
1. Member States shall remain free to require television broadcasters
under their jurisdiction to comply with more detailed or stricter rules inthe areas covered by this Directive.
2. Member States shall, by appropriate means, ensure, within the
framework of their legislation, that television broadcasters under theirjurisdiction effectively comply with the provisions of this Directive.
3. The measures shall include the appropriate procedures for third
parties directly affected, including nationals of other Member States, toapply to the competent judicial or other authorities to seek effectivecompliance according to national provisions.
Article 3a
1. Each Member State may take measures in accordance with
Community law to ensure that broadcasters under its jurisdiction do notbroadcast on an exclusive basis events which are regarded by thatMember State as being of major importance for society in such a way asto deprive a substantialproportion of the publ ic in that Member State ofthe possibility of following such events via live coverage or deferredcoverage on free television. If it does so, the Member State concernedshall draw up a list of designated events, national or non-national,which it considers to be of major importance for society. It shall do soin a clear and transparent manner in due and effective time. In so doingthe Member State concerned shall also determine whether these eventsshould be available via whole or partial live coverage, or where neces-
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sary or appropriate for objective reasons in the public interest, whole or
partialdeferred coverage.
2. Member States shall immediately notify to the Commission any
measures taken or to be taken pursuant to paragraph 1. Within a periodof three months from the notification, the Commission shall verify thatsuch measures are compatible with Community law and communicatethem to the other Member States. It shall seek the opinion of theCommittee established pursuant to Article 23a. It shall forthwith publishthe measures taken in the Official Journal of the European Communities
and at least once a year the consolidated list of the measures taken byMember States.
3. Member States shall ensure, by appropriate means, within the
framework of their legislation that broadcasters under their jurisdictiondo not exercise the exclusive rights purchased by those broadcastersfollowing the date of publication of this Directive in such a way that asubstantialproportion of the publ ic in another Member State is deprivedof the possibility of following events which are designated by that otherMember State in accordance with the preceding paragraphs via whole orpartiall ive coverage or, where necessary or appropriate for objectivereasons in the public interest, whole or partial deferred coverage on freetelevision as determined by that other Member State in accordance withparagraph 1.
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CHAPTER III
Promotion of distribution and production of television programmes
Article 4
1. Member States shall ensure where practicable and by appropriate
means, that broadcasters reserve for European works, within themeaning of Article 6, a majority proportion of their transmission time,excluding the time appointed to news, sports events, games, advertising►
M1, teletext services and teleshopping ◄. This proportion, having
regard to the broadcaster’s informational, educational, cultural andentertainment responsibilities to its viewing public, should be achievedprogressively, on the basis of suitable criteria.
2. Where the proportion laid down in paragraph 1 cannot be attained,
it must not be lower than the average for 1988 in the Member Stateconcerned.
However, in respect of the Hellenic Republic and the Portuguese
Republic, the year 1988 shall be replaced by the year 1990.
3. From 3 October 1991, the Member States shall provide the
Commission every two years with a report on the application of thisArticle and Article 5.
That report shall in particular include a statistical statement on the
achievement of the proportion referred to in this Article and Article 5for each of the television programmes falling within the jurisdiction ofthe Member State concerned, the reasons, in each case, for the failure toattain that proportion and the measures adopted or envisaged in order toachieve it.
The Commission shall inform the other Member States and the Euro-
pean Parliament of the reports, which shall be accompanied, whereappropriate, by an opinion. The Commission shall ensure the applica-tion of this Article and Article 5 in accordance with the provisions ofthe Treaty. The Commission may take account in its opinion, in partic-ular, of progress achieved in relation to previous years, the share of firstbroadcast works in the programming, the particular circumstances ofnew television broadcasters and the specific situation of countries with alow audiovisual production capacity or restricted language area.
4. The Council shall review the implementation of this Article on the
basis of a report from the Commission accompanied by any proposals
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for revision that it may deem appropriate no later than the end of the
fifth year from the adoption of the Directive.
To that end, the Commission report shall, on the basis of the informa-
tion provided by Member States under paragraph 3, take account inparticular of developments in the Community market and of the inter-nationalcontext.
Article 5
Member States shall ensure, where practicable and by appropriate
means, that broadcasters reserve at least 10 % of their transmissiontime, excluding the time appointed to news, sports events, games,advertising ►
M1, teletext services and teleshopping ◄, or alter-
nately, at the discretion of the Member State, at least 10 % of theirprogramming budget, for European works created by producers who areindependent of broadcasters. This proportion, having regard to broad-casters’ informational, educational, cultural and entertainment responsi-bilities to its viewing public, should be achieved progressively, on thebasis of suitable criteria; it must be achieved by earmarking an adequateproportion for recent works, that is to say works transmitted within fiveyears of their production.
Article 6
1. Within the meaning of this chapter, ‘European works' means the
following:
▼
M1 (a) works originating from Member States;
▼B
(b) works originating from European third States party to the European
Convention on Transfrontier Television of the Council of Europeand fulfilling the conditions of paragraph 2;
(c) works originating from other European third countries and fulfilling
the conditions of paragraph 3.
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Application of the provisions of (b) and (c) shall be conditional onworks originating from Member States not being the subject of discrim-inatory measures in the third countries concerned.
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2. The works referred to in paragraph 1 (a) and (b) are works mainlymade with authors and workers residing in one or more States referredto in paragraph 1 (a) and (b) provided that they comply with one of thefollowing three conditions:
(a) they are made by one or more producers established in one or more
of those States; or
(b) production of the works is supervised and actually controlled by
one or more producers established in one or more of those States; or
(c) the contribution of co-producers of those States to the totalco-
production costs is preponderant and the co-production is notcontrolled by one or more producers established outside thoseStates.
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3. The works referred to in paragraph 1 (c) are works made exclu-sively or in co-production with producers established in one or moreMember States by producers established in one or more European thirdcountries with which the Community has concluded agreements relatingto the audiovisualsector, if those works are mainl y made with authorsand workers residing in one or more European States.
4. Works that are not European works within the meaning of para-
graph 1 but that are produced within the framework of bilateral co-production treaties concluded between Member States and third coun-tries shall be deemed to be European works provided that theCommunity co-producers supply a majority share of the total cost of the
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production and that the production is not controlled by one or more
producers established outside the territory of the Member States.
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►M15.◄ Works which are not European works within the
meaning of ►M1paragraphs 1 and 4 ◄, but made mainly with
authors and workers residing in one or more Member States, shall beconsidered to be European works to an extent corresponding to theproportion of the contribution of Community co-producers to the totalproduction costs.
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Article 7
Member States shall ensure that broadcasters under their jurisdiction do
not broadcast cinematographic works outside periods agreed with therights holders.
Article 9
This Chapter shall not apply to television broadcasts that are intended
for l ocalaudiences and do not form part of a nationalnetwork.
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CHAPTER IV
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Television advertising, sponsorship and teleshopping
Article 10
1. Television advertising and teleshopping shall be readily recogniz-
able as such and kept quite separate from other parts of the programmeservice by opticaland/or acoustic means.
2. Isolated advertising and teleshopping spots shall remain the excep-
tion.
3. Advertising and teleshopping shall not use subliminal techniques.4. Surreptitious advertising and teleshopping shall be prohibited.
Article 11
1. Advertising and teleshopping spots shall be inserted between
programmes. Provided the conditions set out in paragraphs 2 to 5 arefulfilled, advertising and teleshopping spots may also be inserted duringprogrammes in such a way that the integrity and value of theprogramme, taking into account naturalbreaks in and the duration andnature of the programme, and the rights of the rights holders are notprejudiced.
2. In programmes consisting of autonomous parts, or in sports
programmes and similarly structured events and performancescontaining intervals, advertising and teleshopping spots shall only beinserted between the parts or in the intervals.
3. The transmission of audiovisualworks such as feature fil ms and
films made for television (excluding series, serials, light entertainmentprogrammes and documentaries), provided their scheduled duration ismore than 45 minutes, may be interrupted once for each period of 45minutes. A further interruption shall be allowed if their scheduledduration is at least 20 minutes longer than two or more completeperiods of 45 minutes.
4. Where programmes, other than those covered by paragraph 2, are
interrupted by advertising or teleshopping spots, a period of at least 20
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minutes should elapse between each successive advertising break within
the programme.
5. Advertising and teleshopping shall not be inserted in any broad-
cast of a religious service. News and current affairs programmes, docu-mentaries, religious programmes and children’s programmes, when theirscheduled duration is less than 30 minutes, shall not be interrupted byadvertising or by teleshopping. If their scheduled duration is 30 minutesor longer, the provisions of the previous paragraphs shall apply.
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Article 12
▼M1 Television advertising and teleshopping shall not:
▼B (a) prejudice respect for human dignity:
(b) include any discrimination on grounds of race, sex or nationality;
(c) be offensive to religious or political beliefs;
(d) encourage behaviour prejudicialto heal th or to safety;
(e) encourage behaviour prejudicialto the protection of the environ-
ment.
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Article 13
All forms of television advertising and teleshopping for cigarettes and
other tobacco products shall be prohibited.
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Article 14
►M11.◄ Television advertising for medicinal products and
medical treatment available only on prescription in the Member Statewithin whose jurisdiction the broadcaster falls shall be prohibited.
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2. Teleshopping for medicinal products which are subject to amarketing authorization within the meaning of CouncilDirective 65/65/EEC of 26 January 1965 on the approximation of provisions laiddown by law, regulation or administrative action relating to medicinalproducts (
1), as well as teleshopping for medical treatment, shall be
prohibited.
▼B
Article 15
▼M1 Television advertising and teleshopping for alcoholic beverages shall
comply with the following criteria:
▼B (a) it may not be aimed specifically at minors or, in particular, depict
minors consuming these beverages;
(b) it shall not link the consumption of alcohol to enhanced physical
performance or to driving;
(c) it shall not create the impression that the consumption of alcohol
contributes towards socialor sexualsuccess;
(d) it shall not claim that alcohol has therapeutic qualities or that it is a
stimulant, a sedative or a means of resolving personal conflicts;
(1) OJ No 22, 9. 2. 1965, p. 369. Directive as last amended by Directive
93/39/EEC (OJ No L 214, 24. 8. 1993, p. 22).
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(e) it shall not encourage immoderate consumption of alcohol or
present abstinence or moderation in a negative light;
(f) it shall not place emphasis on high alcoholic content as being a
positive quality of the beverages.
Article 16
►M11.◄ Television advertising shall not cause moral or physical
detriment to minors, and shall therefore comply with the followingcriteria for their protection:
(a) it shall not directly exhort minors to buy a product or a service by
exploiting their inexperience or credulity;
(b) it shall not directly encourage minors to persuade their parents or
others to purchase the goods or services being advertised;
(c) it shall not exploit the special trust minors place in parents, teachers
or other persons;
(d) it shall not unreasonably show minors in dangerous situations.
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2. Teleshopping shall comply with the requirements referred to inparagraph 1 and, in addition, shall not exhort minors to contract for thesale or rental of goods and services.
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Article 17
1. Sponsored television programmes shall meet the following
requirements:
(a) the content and scheduling of sponsored programmes may in no
circumstances be influenced by the sponsor in such a way as toaffect the responsibility and editorial independence of the broad-caster in respect of programmes;
(b) they must be clearly identified as such by the name and/or logo of
the sponsor at the beginning and/or the end of the programmes;
(c) they must not encourage the purchase or rentalof the products or
services of the sponsor or a third party, in particular by makingspecialpromotionalreferences to those products or services.
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2. Television programmes may not be sponsored by undertakingswhose principalactivity is the manufacture or sal e of cigarettes andother tobacco products.
3. Sponsorship of television programmes by undertakings whose
activities include the manufacture or sale of medicinal products andmedicaltreatment may promote the name or the image of the under-taking but may not promote specific medicinalproducts or medicaltreatments available only on prescription in the Member State withinwhose jurisdiction the broadcaster falls.
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►M14.◄ News and current affairs programmes may not be spon-
sored.
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Article 18
1. The proportion of transmission time devoted to teleshopping spots,
advertising spots and other forms of advertising, with the exception ofteleshopping windows within the meaning of Article 18a, shall notexceed 20 % of the daily transmission time. The transmission time foradvertising spots shall not exceed 15 % of the daily transmission time.
2. The proportion of advertising spots and teleshopping spots within
a given clock hour shall not exceed 20 %.
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3. For the purposes of this Article, advertising does not include:
— announcements made by the broadcaster in connection with its own
programmes and ancillary products directly derived from thoseprogrammes;
— public service announcements and charity appeals broadcast free of
charge.
Article 18a
1. Windows devoted to teleshopping broadcast by a channel not
exclusively devoted to teleshopping shall be of a minimum uninter-rupted duration of 15 minutes.
2. The maximum number of windows per day shall be eight. Their
overall duration shall not exceed three hours per day. They must beclearly identified as teleshopping windows by optical and acousticmeans.
Article 19
Chapters I, II, IV, V, VI, VIa and VII shall apply mutatis mutandis to
channels exclusively devoted to teleshopping. Advertising on suchchannels shall be allowed within the daily limits established by Article18 (1). Article 18 (2) shall not apply.
Article 19a
Chapters I, II, IV, V, VI, VIa and VII shall apply mutatis mutandis to
channels exclusively devoted to self-promotion. Other forms of advert-ising on such channels shall be allowed within the limits established byArticle 18 (1) and (2). This provision in particular shall be subject toreview in accordance with Article 26.
Article 20
Without prejudice to Article 3, Member States may, with due regard for
Community law, lay down conditions other than those laid down inArticle 11 (2) to (5) and Articles 18 and 18a in respect of broadcastsintended solely for the national territory which cannot be received,directly or indirectly by the public, in one or more other Member States.
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CHAPTER V
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Protection of minors and public order
Article 22
1. Member States shall take appropriate measures to ensure that
television broadcasts by broadcasters under their jurisdiction do notinclude any programmes which might seriously impair the physical,mentalor moraldevel opment of minors, in particul ar programmes thatinvolve pornography or gratuitous violence.
2. The measures provided for in paragraph 1 shall also extend to
other programmes which are likely to impair the physical, mental ormoral development of minors, except where it is ensured, by selectingthe time of the broadcast or by any technicalmeasure, that minors in thearea of transmission will not normally hear or see such broadcasts.
3. Furthermore, when such programmes are broadcast in unencoded
form Member States shall ensure that they are preceded by an acoustic
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warning or are identified by the presence of a visualsymbolthroughout
their duration.
Article 22a
Member States shall ensure that broadcasts do not contain any incite-
ment to hatred on grounds of race, sex, religion or nationality.
Article 22b
1. The Commission shall attach particular importance to application
of this Chapter in the report provided for in Article 26.
2. The Commission shall within one year from the date of publica-
tion of this Directive, in liaison with the competent Member Stateauthorities, carry out an investigation of the possible advantages anddrawbacks of further measures with a view to facilitating the controlexercised by parents or guardians over the programmes that minors maywatch. This study shall consider, inter alia, the desirability of:
— the requirement for new television sets to be equipped with a
technical device enabling parents or guardians to filter out certainprogrammes;
— the setting up of appropriate rating systems,— encouraging family viewing policies and other educational and
awareness measures,
— taking into account experience gained in this field in Europe and
elsewhere as well as the views of interested parties such as broad-casters, producers, educationalists, media specialists and relevantassociations.
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CHAPTER VI
Right of reply
Article 23
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1. Without prejudice to other provisions adopted by the MemberStates under civil, administrative or criminal law, any natural or legalperson, regardless of nationality, whose legitimate interests, in particularreputation and good name, have been damaged by an assertion ofincorrect facts in a television programme must have a right of reply orequivalent remedies. Member States shall ensure that the actual exerciseof the right of reply or equivalent remedies is not hindered by theimposition of unreasonable terms or conditions. The reply shall betransmitted within a reasonable time subsequent to the request beingsubstantiated and at a time and in a manner appropriate to the broadcastto which the request refers.
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2. A right of reply or equivalent remedies shall exist in relation to allbroadcasters under the jurisdiction of a Member State.
3. Member States shall adopt the measures needed to establish the
right of reply or the equivalent remedies and shall determine the proce-dure to be followed for the exercise thereof. In particular, they shallensure that a sufficient time span is allowed and that the procedures aresuch that the right or equivalent remedies can be exercised appropriatelyby naturalor l egalpersons resident or establ ished in other MemberStates.
4. An application for exercise of the right of reply or the equivalent
remedies may be rejected if such a reply is not justified according to theconditions laid down in paragraph 1, would involve a punishable act,would render the broadcaster liable to civil law proceedings or wouldtransgress standards of public decency.
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5. Provision shall be made for procedures whereby disputes as to the
exercise of the right of reply or the equivalent remedies can be subjectto judicialreview.
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CHAPTER VIa
Contact committee
Article 23a
1. A contact committee shall be set up under the aegis of the
Commission. It shall be composed of representatives of the competentauthorities of the Member States. It shall be chaired by a representativeof the Commission and meet either on his initiative or at the request ofthe delegation of a Member State.
2. The tasks of this committee shall be:
(a) to facilitate effective implementation of this Directive through
regular consultation on any practical problems arising from itsapplication, and particularly from the application of Article 2, aswell as on any other matters on which exchanges of views aredeemed useful;
(b) to deliver own-initiative opinions or opinions requested by the
Commission on the application by the Member States of the provi-sions of this Directive;
(c) to be the forum for an exchange of views on what matters should be
dealt with in the reports which Member States must submit pursuantto Article 4 (3), on the methodology of these, on the terms ofreference for the independent study referred to in Article 25a, on theevaluation of tenders for this and on the study itself;
(d) to discuss the outcome of regular consultations which the Commis-
sion holds with representatives of broadcasting organizations,producers, consumers, manufacturers, service providers and tradeunions and the creative community;
(e) to facilitate the exchange of information between the Member
States and the Commission on the situation and the development ofregulatory activities regarding television broadcasting services,taking account of the Community’s audiovisual policy, as well asrelevant developments in the technical field;
(f) to examine any development arising in the sector on which an
exchange of views appears useful.
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CHAPTER VII
Final provisions
Article 24
In fields which this Directive does not coordinate, it shall not affect the
rights and obligations of Member States resulting from existing conven-tions dealing with telecommunications or broadcasting.
Article 25
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive notlater than 3 October 1991. They shall forthwith inform the Commissionthereof.
2. Member States shall communicate to the Commission the text of
the main provisions of national law which they adopt in the fieldsgoverned by this Directive.
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Article 25a
A further review as provided for in Article 4 (4) shall take place before
30 June 2002. It shall take account of an independent study on theimpact of the measures in question at both Community and nationallevel.
Article 26
Not later than 31 December 2000, and every two years thereafter, the
Commission shall submit to the European Parliament, the Council andthe Economic and SocialCommittee a report on the appl ication of thisDirective as amended and, if necessary, make further proposals to adaptit to developments in the field of television broadcasting, in particular inthe light of recent technological developments.
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Article 27
This Directive is addressed to the Member States.