A4-0130/95

Decision on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive on the use of standards for the transmission of television signals (C4-0032/95 - 00/0476(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council (C4-0032/95 - 00/0476(COD)),

- having regard to its opinion at first reading ((OJ C 128, 9.5.1994, p. 54.)) on the Commission proposal to Parliament and the Council, COM(93)0556 ((OJ C 341, 18.12.1993, p. 18.)),

- having regard to the modified Commission proposal, COM(94)0455 ((OJ C 321, 18.11.1994, p. 4.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0130/95),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 5, part 2)

Recital 15a (new)

>Text following EP vote>

Whereas the operators of conditional access services should be entitled to earn a return on their investments and for the provision of services to broadcasters as an incentive to continue to invest;

(Amendment 1)

Recital 17a (new)

>Text following EP vote>

Whereas in the European audiovisual digital environment, the scope for piracy will increase, with negative consequences for operators and programme providers, and whereas the introduction and enforcement of efficient anti-piracy legislation at European level will become increasingly necessary;

(Amendment 2)

Recital 19a (new)

>Text following EP vote>

Whereas the Presidency's conclusions at the G7 Conference on the Information Society held in Brussels on 25-26 February 1995 highlighted the need for a regulatory framework ensuring open access networks and respect for competition rules;

(Amendment 3)

Article 1, second paragraph (new)

>Text following EP vote>

Member States shall facilitate the transfer of wide-screen television services already in operation to digital transmission networks open to the public, in particular pursuant to Directive 92/38/EEC and Decision 93/424/EEC, in order to protect the interests of operators and television viewers who have invested to produce or receive such services.

(Amendment 4)

Article 2

>Original text>

All television services transmitted to viewers in the Community whether by cable, satellite or terrestrial means shall:

>Text following EP vote>

All television services transmitted to viewers in the Community whether by cable, satellite or terrestrial means shall:

>Original text>

(a) if they are in wide-screen format and 625 lines, and are not fully digital, use the 16:9 D2-MAC transmission system, or a 16:9 transmission system which is fully compatible with PAL or SECAM;

>Text following EP vote>

(a) if they are in wide-screen format and 625 lines, and are not fully digital, use the 16:9 D2-MAC transmission system, or a 16:9 transmission system which is fully compatible with PAL or SECAM;

>Text following EP vote>

a wide-screen television service consists of programmes produced and edited to be displayed on a wide-screen format;

>Text following EP vote>

the 16:9 format is the reference format for wide-format television services;

>Original text>

(b) if they are in high definition, and are not fully digital, use the HD-MAC transmission system;

>Text following EP vote>

(b) if they are in high definition, and are not fully digital, use the HD-MAC transmission system;

>Original text>

(c) if they are fully digital, use a transmission system which has been standardized by a recognized European standardization body. In this context, a transmission system comprises the following elements: formation of programme signals (source coding of audio signals, source coding of video signals, multiplexing of signals) and adaptation for transmission media (channel coding, modulation and, if appropriate, energy dispersal).

>Text following EP vote>

(c) if they are fully digital, use a transmission system which has been standardized by a recognized European standardization body. In this context, a transmission system comprises the following elements: formation of programme signals (source coding of audio signals, source coding of video signals, multiplexing of signals) and adaptation for transmission media (channel coding, modulation and, if appropriate, energy dispersal);

>Text following EP vote>

fully digital transmission networks open to the public for the distribution of television services must be capable of distributing wide-format services.

(Amendment 5, part 1)

Article 4

>Original text>

In relation to conditional access to digital Pay-TV services broadcast to viewers in the Community the following conditions shall apply:

>Text following EP vote>

In relation to conditional access to digital television services broadcast to viewers in the Community, irrespective of the means of transmission, the following conditions shall apply:

>Original text>

(a) all consumer equipment, for sale or rent or otherwise made available in the Community, capable of descrambling digital television signals, shall possess capability to allow the descrambling of such signals according to the common European scrambling algorithm as administered by a recognized European standardization body;

>Text following EP vote>

(a) all consumer equipment, for sale or rent or otherwise made available in the Community, capable of descrambling digital television signals, shall possess the capability:

- to allow the descrambling of such signals according to the common European scrambling algorithm administered by a recognized European standardization body;

- to display signals that have been transmitted in clear provided that, in the event that such equipment is rented, the rentee is in compliance with the relevant rental agreement;

>Original text>

(b) conditional access systems operated on the market in the Community shall have the necessary technical capability for cost effective transcontrol at cable head-ends allowing the possibility for full control by cable television operators at local or regional level of the services using such conditional access systems;

>Text following EP vote>

(b) conditional access systems operated on the market in the Community shall have the necessary technical capability for cost effective transcontrol at cable head-ends allowing the possibility for full control by cable television operators at local or regional level of the services using such conditional access systems;

>Text following EP vote>

(ba) Member States shall take all the necessary measures to ensure that the operators of conditional access services, irrespective of the means of transmission, who produce and market access services to digital television services:

>Text following EP vote>

- offer to all broadcasters, on a fair, reasonable and non-discriminatory basis, technical services enabling the broadcasters' digitally- transmitted services to be received by viewers authorized by means of decoders administered by the service operators, and comply with Community competition law, in particular if a dominant position appears;

>Text following EP vote>

- keep separate financial accounts regarding their activity as conditional access providers.

>Text following EP vote>

Broadcasters shall publish a list of tariffs for the viewer which takes into account whether associated equipment is supplied or not.

>Text following EP vote>

A digital television service may only take advantage of these provisions if the services offered comply with the European legislation in force.

>Original text>

(c) in connection with the inclusion by manufacturers of conditional access systems in consumer equipment:

- where conditional access systems are licensed to manufacturers, this shall be done on fair, reasonable and non-discriminatory terms;

- licensing or other provision of conditional access systems to manufacturers shall be done in such a way as not to prevent the inclusion of either another conditional access system or a common interface, provided that relevant security conditions relating to the conditional access system are met.

>Text following EP vote>

(c) when granting licences to manufacturers of consumer equipment, holders of industrial property rights to conditional access products and systems shall ensure that this is done on fair, reasonable and non-discriminatory terms. Taking into account technical and commercial factors, holders of rights shall not subject the granting of licences to conditions prohibiting, deterring or discouraging the inclusion in the same product of

- a common interface allowing connection with several other access systems; or

- means specific to another access system, provided that the licensee complies with the relevant and reasonable conditions regarding the security of transactions of conditional access system operators.

>Text following EP vote>

Where television sets contain an integrated digital decoder such sets should allow for the option of fitting at least one standardized socket permitting connection of conditional access and other elements of a digital television system to the digital decoder.

>Text following EP vote>

(ca) without prejudice to any action that the Commission or any Member State may take pursuant to the Treaty, Member States shall ensure that any party having an unresolved dispute concerning the application of the provisions under rules established in this Article shall have easy, and in principle inexpensive, access to appropriate dispute resolution procedures with the objective of resolving such disputes in a fair, timely and transparent manner.

This procedure shall not preclude action for damages from either side. If the Commission is asked to give its opinion on the application of the Treaty, it shall do so as a matter of urgency.

(Amendment 6)

Article 6

>Original text>

Before 1 July 1997 and every two years thereafter, the Commission shall review this Directive and submit a report to the European Parliament, to the Council and to the Economic and Social Committee on market and technological developments, in particular relating to developments in digital technology and also to market developments on conditional access to digital television services. If necessary, the Commission shall make proposals to the Council to adapt this Directive to these developments.

>Text following EP vote>

Before 1 July 1997 and every two years thereafter, the Commission shall examine the implementation of this Directive and the development of the market for digital television services throughout the European Union and submit a report to the European Parliament, to the Council and to the Economic and Social Committee. This report shall cover market developments, in particular relating to developments in digital technology and services and also to technical and commercial market developments on conditional access to digital television services. If necessary the Commission shall make proposals to the Council to adapt this Directive to these developments.