Opinion on the proposal for a Directive of the European Parliament and of the Council on the use of standards for the transmission of television signals (including repeal of Directive 92/38/EEC) (1) (94/C 148/01)

On 6 December 1993 the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Economic Community, on the abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 2 March 1994. The Rapporteur was Mr Flum.

At its 314th Plenary Session (meeting of 23 March 1994), the Economic and Social Committee adopted the following Opinion unanimously.

1. Introduction

1.1. In Council Directive 92/38/EEC (2) of 11 May 1992 on the adoption of standards for satellite broadcasting of television signals, it was laid down that 'before 1 January 1994 and every two years thereafter, the Commission shall submit to the European Parliament, to the Council and to the Economic and Social Committee a report on the effects of the application of this Directive, on the evolution of the market, in particular on market penetration measured by objective criteria, and the use of the Community funding' (Article 7).

1.2. In its Opinion (3) of 28 November 1991 on the proposal for that Directive, the ESC welcomed the measures in principle - 'on condition that consumers conserve their freedom of choice' (2.1) - and once again emphasized the 'need for the widest consultation' (2.4).

2. Gist of the Commission proposal

2.1. As justification for replacing Directive 92/38/EEC, the Commission cites changes in the market and evolution in technology, such as advances in compression technology, digital coding and multiplexing. The Commission states that it has consulted satellite and terrestrial broadcasters, and that they agree that wide-screen (16:9 aspect ratio) TV is both an attractive feature for viewers and commercially attractive to the broadcasters. It has also emerged that the transition from standard definition (PAL and SECAM) to high definition television (HDTV) on the basis of the D2-MAC and HD-MAC transmission systems, which the 1992 Directive lays down as the European strategy, is not the only possible way forward. American research on digital HDTV systems designed for the US terrestrial broadcasting environment has meant that a digital terrestrial HDTV system will be in place by the end of the decade.

2.2. Thus the purpose of the new Directive is to urge Member States to take 'all appropriate measures to promote and support the accelerated development of television services in the wide-screen 16:9 format' (Article 1). Television services in wide-screen format transmitted to viewers in the Community - whether by cable, satellite or terrestrial means - may only use a transmission system having the 16:9 aspect ratio; services in wide-screen format which are not fully digital must use the D2-MAC transmission system or a transmission system which is fully compatible with PAL or SECAM (Article 2).

2.3. This differs from the previous Directive 92/38/EEC, which stated that 'for any transmission of a television service in the high-definition television format that is not completely digital, only the HD-MAC standard may be used' (Article 2).

3. General comments

3.1. The ESC welcomes this opening for systems compatible with PAL or SECAM as this will allow terrestrial broadcasters to be incorporated within the regulatory framework of the Action Plan for the introduction of advanced television services in Europe. The Committee also supports the condition imposed for all television services in the Community: namely that when these services are in wide-screen format, they must only use transmission systems having the 16:9 aspect ratio. This is the only way to justify the high cost of getting this system up and running. Completely digital television systems, which are otherwise not covered by this Directive, must however use a transmission system which has been standardized by a European standardization body.

3.2. It is true that the proposed new Directive no longer has the proviso contained in the previous Directive (92/38/EEC) whereby 'services for satellite television broadcasting using 4:3 aspect ratio format should not be forced to a compulsory stop or change so as not to jeopardize the present market or inconvenience users'. Industry's interest in technological development should never be allowed to take precedence over consumer protection. Irrespective of the need to promote advanced television services in Europe, consumers' freedom of choice should therefore be safeguarded at all times, as the ESC insisted in its 1991 Opinion. In any case this concession would probably only be granted during a transition period.

3.3. In view of the repeated emphasis which the Commission proposal places on 'consultations with the economic actors concerned' - referred to elsewhere as 'satellite broadcasters' - 'over the last two years', the ESC regrets to note that it had little or no involvement in these consultations. Full involvement of the ESC would certainly have helped to expedite the progress of the new Directive, which is what the Commission wanted. Nevertheless, the Committee has decided not to submit any detailed proposals for amendments in this case, as it is able to accept the implementation procedure envisaged in the Directive. However, in future, the Committee expects to be involved in the planning stage of draft proposals establishing new technical criteria.

Done at Brussels, 23 March 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 341, 18. 12. 1993, p. 18.

(2) OJ No L 137, 20. 5. 1992, p. 17.

(3) OJ No C 40, 17. 2. 1992, p. 101.