COUNCIL RESOLUTION of 27 June 1994 on a framework for Community policy on digital video broadcasting (94/C 181/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Whereas, through Decisions 89/337/EEC (1), Decision 89/630/EEC (2), and Directive 92/38/EEC (3) and Council Decision 93/424/EEC (4), the Community recognized the strategic importance of advanced and high-definition television for the European consumer electronics industry and for the European television and film inudstries, and established the strategy framework for the introduction of European advanced and high-definition television;

Whereas the Council, in the resolution of 22 July 1993 on the development of technology and standards in the field of advanced television services (5), invited the Commission to submit to the Council a communication on digital television;

Whereas, on 18 November 1993, the Commission submitted to the Council a communication entitled 'Digital video broadcasting - a framework for Community policy';

Whereas digital technology offers significant benefits for the future of television and for the future electronic information highways;

Whereas the benefits will be best achieved if a harmonious approach, based on a long-term perspective, is adopted from the start;

Whereas common standards are an essential prerequisite for such an approach;

Whereas, in this field, relevant research and development activities in the Community should be reinforced and appropriate studies on frequency allocation and implementation scenarios intensified;

Whereas the development of digital television technology is a worldwide phenomenon and whereas the search for the highest degree of compatibility between the various regions of the world in this area is a desirable objective,

1. WELCOMES the Commission communication entitled 'Digital video broadcasting - a framework for Community policy', which provides an excellent basis for the Council's examination;

2. CONSIDERS that:

2.1. digital technology offers the potential of significant benefits for the future of television and, in the broader sense, for the future electronic information highways or integrated broadband communications, for which digital television can be a driving force;

2.2. these potential benefits will only be fully achieved in practice if market implementation takes place in a harmonious fashion which facilitates and does not retard the progressive development of the market towards new and more advanced services in a smooth and compatible manner;

2.3. an essential precondition for this harmonious market evolution is the adoption in the market of common standards which, while providing necessary market clarity for both producers and consumers in the short term for early introduction of digital television services, also provide the potential for subsequent smooth upgrading to new and higher grades of service, including high-definition television in response to market demand;

2.4. conditional access is an important matter for the providers and consumers of pay-television services and for the rights holders of programmes. European Union policy in this area should be based on ensuring fair and open competition, on protecting the interests of the consumer and on minimizing the possibility of piracy;

3. DECLARES that:

3.1. the preferred way to achieve the objective of harmonious market development referred to above would be by means of a consensus process involving all relevant economic agents, including broadcasting organizations, and that it looks forward, with great interest, to any voluntary agreements which may be made by such agents in this regard;

3.2. it is willing, however, to introduce regulatory measures, if required, under the conditions that:

(i) adequate and timely consensus among economic agents, including broadcasting organizations, to ensure the harmonious evolution of the market is lacking;

and/or

(ii) the requirements of fair and open competition, consumer protection or other significant public interest so demand, in order to facilitate the achievement of this objective and the protection of those interests;

4. NOTES that:

the industry consultation process on conditional access under the auspices of the European Digital Video Broadcasting Project has allowed progress to be made but is not yet concluded, and further examination by Member States and by the Commission is necessary to determine, in the light of the policy framework outlined in point 3, additional measures required in order to achieve the objectives of European Union policy for conditional access as set out in point 2.4;

5. WELCOMES the Commission's intention to:

5.1. include in its proposals for the specific programmes under the Fourth Framework Programme R & D activities in relevant areas with the objective of ensuring that all necessary elements of technology are available for planning the long-term strategy toward multimedia systems and services;

5.2. encourage the process of standardization of digital television, in particular through the issuing of briefs to European standardization bodies;

5.3. encourage the development of implementation scenarios for digital video broadcasting by economic agents and national administrations and monitor such development;

5.4. encourage studies on spectrum availability and strategic issues relating to frequencies by relevant European organizations and monitor such studies;

5.5. maintain a political dialogue with parties, including the United States of America and Japan, and encourage the market parties to identify and agree common elements in the future television systems to be implemented throughout the world, while keeping Member States fully informed of any relevant results;

6. INVITES the Commission to monitor closely all relevant developments in relation to digital video broadcasting and report on such developments to the Council, together with any proposals for action which may be appropriate, as soon as it is necessary and useful to do so and in any event before 1 July 1995.

(1) Council Decision 89/337/EEC of 27 April 1989 on high-definition television (OJ No L 142, 25. 5. 1989, p. 1).

(2) Council Decision 89/360/EEC of 7 December 1989 on the common action to be taken by the Member States with respect to the adoption of a single worldwide high-definition television production standard by the Plenary Assembly of the International Radio Consultative Committee (CCIR) in 1990 (OJ No L 363, 13. 12. 1989, p. 30).

(3) Council Directive 92/38/EEC of 11 May 1992 on the adoption of standards for satellite broadcasting of television signals (OJ No L 137, 20. 5. 1992, p. 17).

(4) Council Decision 93/424/EEC of 22 July 1993 on an action plan for the introduction of advanced television services in Europe (OJ No L 196, 5. 8. 1993, p. 48).

(5) OJ No C 209, 3. 8. 1993, p. 1.