COUNCIL CONCLUSIONS

of 27 September 1999

concerning the results of the public consultation on the Convergence Green Paper (in particular the aspects relating to the media and the audiovisual sector)

(1999/C 283/01)

THE COUNCIL OF THE EUROPEAN UNION,

1. RECALLING the Council Conclusions of 24 September 1998 concerning the European Audiovisual Conference: "Challenges and Opportunities of the Digital Age"(1);

2. RECALLING the Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 25 January 1999 concerning public service broadcasting(2);

3. RECALLING the Council Conclusions of 22 April 1999 on the results of the public consultation of the Convergence Green Paper;

4. AWARE OF the discussion on the possible scope and of the merits and risks of self-regulation in the media that have been highlighted by the participants of the Saarbrücken expert seminar on self-regulation in the media;

5. TAKES NOTE of the fact that the Commission, in its communication on the results of the public consultation of the Convergence Green Paper of 9 March 1999, presents several key messages of particular relevance to the audiovisual sector and ANNOUNCES ITS INTENTION to present a more detailed set of regulatory principles in an additional communication;

6. TAKES NOTE that a general message with regard to the role of regulation was the affirmation of the continuing need to meet a range of public interest objectives (such as the protection of minors and human dignity, cultural and linguistic diversity and pluralism) whilst recognising the need to promote investment, in particular in new audiovisual services;

7. TAKES NOTE that a general message with regard to content was the recognition that actions aimed at promoting premium European content could play an important role;

8. STRESSES that, in addition to technical and economical aspects, social, cultural and democratic aspects are of great importance for the development of the Information Society;

9. CONVINCED OF the need for continuous assessment and possible adaptation of the regulatory framework on national and European level taking into account the principle of subsidiarity;

10. TAKES NOTE of the fact that separation of infrastructure and content regulation was recommended; this implies with regard to infrastructure regulation the need to safeguard the access of the public to a wide variety of media content;

11. TAKES NOTE that such separation implies with regard to content regulation:

- taking full account of the specificity of the audiovisual sector, in particular through a vertical and sectoral approach where necessary, building on current regulatory structures as well as the public policy objectives,

- application of an appropriate regulatory regime for new services, after due consultation and debate, recognising the unpredictability of the marketplace and the need for the large initial investments involved in their launch while at the same time maintaining adequate protection of minors, consumer safeguards and other important public interests,

- self-regulation could usefully complement regulation and contribute to the achievement of the right balance between facilitating the development of open and competitive markets and securing public interest objectives;

12. STRESSES that the consultation also produced, in response to the three options put forward by the Commission in the Green Paper(3), a clear majority in favour of an evolutionary approach to content regulation, building on existing structures;

13. STRESSES, with a view to the development of new technologies, that a balanced and transparent solution as to how public service broadcasting can best continue to play its role in full in this new environment should in particular:

- reaffirm Member State competence to confer, define and organise the public service remit in each Member State in accordance with the Protocol on the system of public broadcasting in the Member States annexed to the Treaty of Amsterdam,

- encourage those organisations vested with a public service broadcasting remit to exploit new technologies and, by doing so to find new ways of maintaining and expanding their audiences, in order to fulfil that remit;

14. INVITES the Commission, without prejudice to its Treaty prerogatives:

- to take account of these conclusions in drawing up the communication mentioned in point 5, recognising and addressing the specificity of the audiovisual sector and taking account of democratic, social and cultural needs,

- to take account of the outcome of the consultation if and when drawing up proposals for measures for the strengthening of the European audiovisual industry, including the multimedia industry;

15. TAKES NOTE that the Commission's immediate actions in relation to content will include verification of the implementation and application by the Member States of the amended "television without frontiers" Directive.

(1) OJ C 306, 6.10.1998, p. 1.

(2) OJ C 30, 5.2.1999, p. 1.

(3) The three options are:

1. build on current structures;

2. develop a separate regulatory model for new activities, to coexist with telecommunications and broadcasting regulation;

3. progressively introduce a new regulatory model to cover the whole range of existing and new services.