27. 4. 88 Official Journal of the European Communities NoC 110/3 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on the coordination of certain provisions laid down 
by law, regulation or administrative action in Member States concerning the pursuit of broad­
casting activities (') 
COM(88) 154 final 
(Submitted by the Commission to the Council pursuant to Article 149 (3) of the EEC Treaty on 
6 April 1988) 
(88/C 110/03) 
(') OJ No C 179, 17. 7. 1986, p. 4. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
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 proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the objectives of the Community as laid down 
in the Treaty include an ever closer union among the 
peoples of Europe and closer relations between the 
States belonging to the Community, ensuring the 
economic and social progress of its countries by common 
action to eliminate the barriers which divide Europe, the 
constant improvement of the living conditions of its 
peoples as well as the preservation and strengthening of 
peace and liberty; 
Whereas for these purposes, the Treaty provides for 
establishing a common market, including the abolition, 
as between Member States, of obstacles to freedom of 
movement for services, the institution of a system 
ensuring that competition in the common market is not 
distorted, and the approximation of the provisions of 
Member States to the extent required for the proper 
functioning of the common market; Unchanged 
Having regard to the proposal from the Commission ('), 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and 
Social Committee (3), 
Unchanged 
Unchanged 
(') OJ No C 179, 17. 7. 1986, p. 4. 
(2) Minutes of the proceedings of the sitting of Wednesday 
20 January 1988, PE 120.083, p. 11. 
(') OJ No C 232, 31. 8. 1987, p. 29. 
No C 110/4 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas broadcasts transmitted across frontiers within 
the Community, in particular by satellite and cable, are 
one of the principal means to promote the above 
objectives of the Community which are at the same time 
of a political, economic, social, cultural and legal nature; Unchanged 
Whereas the attainment of the above objectives of the 
Community calls, almost 30 years after the establishment 
of the Community, for transition from the stage of the 
opening up of national markets for the production and 
distribution of broadcasts to the stage of one internal 
market for broadcasts; Unchanged 
Whereas the achievement of this common market pre­
supposes, in addition to the elimination of obstacles to 
the free movement of broadcasts, the adaptation and 
promotion of the factors of production and distribution 
in the Community of broadcast programmes in order to 
ensure that the enlarged market for broadcast 
programmes will operate similarly to a domestic market; Unchanged 
Whereas for this purpose or, in the words of the Treaty, 
in order to make it easier for persons to take up and 
pursue activities as self-employed persons, including the 
activities of producing or distributing broadcast 
programmes, the Treaty provides for the issuing of 
directives for the coordination of the provisions 
concerning the taking up and pursuit of such activities; Unchanged 
Whereas an essential condition for attaining the 
objectives of this Directive is to ensure the efficiency of 
the public broadcasting system by establishing conditions 
of fair competition in the common market; 
Whereas the broadcasting of commercial advertisements 
is a service within the meaning of the Treaty because it is 
provided for remuneration; whereas the liberalization of 
this service helps to promote trade in goods and services 
and has therefore to be given priority under the Treaty; Delete 
Whereas the broadcasting of other messages is also a 
service within the meaning of the Treaty because this 
activity is normally provided for remuneration and is, by 
its nature, not 'goods' governed by the provisions of the 
Treaty relating to freedom of movement for goods such 
as other media like video cassettes, video discs, records, 
newspapers, magazines, periodicals and books; Whereas the broadcasting of messages, including adver­
tising, is a service within the meaning of the Treaty 
because this activity is normally provided for 
remuneration and is, by its nature, not governed by the 
provisions of the Treaty relating to freedom of 
movement for goods such as other media like video 
cassettes, video discs, records, newspapers, magazines, 
periodicals and books; 
Whereas the grant by a foreign broadcasting organ­
ization or other right holder to a domestic cable 
operator of the authorization required by copyright or 
other laws to relay the foreign programmes also 
constitutes a service within the meaning of the Treaty 
because it is normally provided for remuneration; Unchanged 
27. 4. 88 Official Journal of the European Communities No C 110/5 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas the Treaty does not exclude from its scope any 
such service, by reason of its particular nature, such as its 
cultural aspects or implications, but provides for the 
liberalization and free movement of all services normally 
provided for remuneration which are therefore and 
without prejudice as to their cultural or other contents 
considered by the Treaty to be economic activities, a 
harmonious development of which is one of the 
objectives of the Community; Unchanged 
Whereas the Treaty guarantees freedom to provide 
services within the Community, including broadcasts, 
without restrictions in respect of nationals of Member 
States who are established in a State of the Community 
other than that of the person for whom the services are 
intended; Unchanged 
Whereas this individual right to provide broadcasts to 
recipients in other Member States, including cable 
operators, free of restrictions is a specific Community 
law manifestation of the more general European human 
right to freedom of expression which includes freedom 
to receive and impart information and ideas without 
interference by public authority and regardless of 
frontiers, enshrined in Article 10 (1) of the Convention 
for the Protection of Human Rights and Fundamental 
Freedoms, signed in Rome on 4 November 1950 and 
ratified by all Member States; Unchanged 
Whereas, for this reason, freedom to provide broadcasts 
under Community law must be implemented, when 
applying the Treaty and issuing directives for the coordi­
nation of the provisions concerning the pursuit of the 
activities of broadcasters and cable operators, in the light 
of and at least to the extent guaranteed by the corre­
sponding freedoms provided for in Article 10 (1) of the 
European Convention on Human Rights; Unchanged 
Whereas the same parallelism must be respected when 
applying the Treaty and issuing directives for the coordi­
nation of provisions limiting the exercise, on the one 
hand, of freedom to provide broadcasts which are auth­
orized under Article 56 (1) of the Treaty or justified on 
grounds of general interest and, on the other hand, of 
the freedom to receive and impart information and ideas 
through broadcasts which are authorized under Article 
10 (2) of the European Convention on Human Rights; Unchanged 
Whereas the laws, regulations and administrative 
measures in Member States concerning the pursuit of 
activities as broadcasters and cable operators contain 
disparities in respect of their applicability and content, 
on producing and distributing programmes, on adver­
tising and sponsoring, on protecting children and young 
persons, and on copyright, which may impede the free 
movement of broadcasts within the Community and may 
distort competition within the common market; Unchanged 
No C 110/6 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas the disparities referred to in the field of Unchanged 
broadcast advertising have the additional effect of 
impeding the free movement of goods and services 
inasmuch as the opportunities to advertise those goods 
and services throughout the Community, which are an 
integral part of the process of marketing them, are 
subject to variable restrictions and prohibitions; 
Whereas the free movement of broadcast within the Unchanged 
Community is also impeded where the right to 
communicate a particular programme is assigned to 
different persons in different Member States, allowing 
the assignees to rely upon their rights to prohibit the 
cable retransmission of a foreign broadcast in different 
Member States; 
Whereas all such restrictions on freedom to provide Unchanged 
broadcasting services within the Community shall be 
abolished under the Treaty both by applying Article 59 
of the Treaty and, in so far as such restrictive rules treat 
broadcasting services identically whatever their origin or 
the nationality or place of establishment of the persons 
providing them and in so far as those laws are justified 
on grounds of general interest, by issuing directives for 
the coordination of the provisions concerning the pursuit 
of activities as self-employed persons, including activities 
of broadcasters and cable operators; 
Whereas the purpose of this coordination is to make it Unchanged 
easier for persons to pursue activities as self-employed 
persons, in particular, to make it easier for broadcasters 
and cable operators to pursue the transmission and the 
retransmission of broadcast programmes and adver­
tisements and thus to abolish obstacles to the free 
movement of broadcasts and, more generally, to the free 
flow of information and ideas within the Community; 
Whereas under the Treaty, nationals of Member States Unchanged 
providing services from within a Member State to a 
person in another Member State may pursue their acti­
vities exclusively under the conditions imposed by the 
law of the first Member State; 
Whereas for this reason, for the reason mentioned before Unchanged 
the last recital and in order to avoid the cumulative 
application to the same broadcast, broadcaster or cable 
operator of the broadcasting law of all or several 
Member States, it is necessary but sufficient that all 
broadcasts comply with the law of the Member State in 
which they originate; 
27. 4. 88 Official Journal of the European Communities No C 110/7 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas this Directive lays down the minimum rules 
needed to guarantee freedom of transmission in broad­
casting; whereas, therefore, it does not affect the re­
sponsibility of the Member States and subdivisions 
thereof with regard to the organization and financing of 
broadcasting and the content of programmes; whereas 
the independence of cultural developments in the 
Member States and the preservation of cultural diversity 
in the Community therefore remain unaffected; 
Whereas it is necessary in the common market that all 
broadcasts originating and intended for reception within 
the Community, and in particular those intended for 
reception in another Member State, should respect the 
law of the originating Member State applicable to 
broadcasts intended for reception by the public in that 
Member State and the provisions of the present Directive 
in order to protect consumers as listeners and viewers, in 
particular young persons, as well as authors, producers, 
broadcasters and performers, advertisers and advertising 
agencies and the interests of the public in general; Unchanged 
Whereas it is vital that the accuracy and source of all 
news and information should be checked by broadcasters 
with the utmost care prior to transmission; 
Whereas checks on respect for national law as coor­
dinated by this Directive in the originating Member State 
are sufficient under Community law to ensure free circu­
lation of broadcasts without secondary control on the 
same grounds in each of the receiving Member States; Whereas the requirement that the originating Member 
State should verify respect for national law as coor­
dinated by this Directive is sufficient under Community 
law to ensure free movement of broadcasts without 
secondary control on the same grounds in each of the 
receiving Member States; 
Whereas it is essential for the satisfactory implemen­
tation of this Directive to ensure the prevention of any 
acts which may prove detrimental to freedom of 
movement and trade in broadcasts or which may 
promote the creation of dominant positions which would 
lead to restrictions on pluralism and freedom of 
broadcast information and of the information sector as a 
whole; 
Whereas the present Directive is without prejudice to 
existing or future Community acts of harmonization 
which are or will be necessary, in particular to satisfy 
mandatory requirements concerning the protection of 
consumers and the fairness of commercial transactions; Unchanged 
Whereas the coordination of national laws designed to 
secure and promote distribution and production of tele­
vision programmes in respect of provisions that are not 
based upon grounds of general interest, public policy, 
public security or public health is not necessary since 
they cannot be invoked to restrict the free movement of 
broadcasts within the Community; Unchanged 
NoC 110/8 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL 
Whereas such coordination is nevertheless needed at the 
Community level to make it easier for persons and 
industries producing programmes having a cultural 
objective to take up and pursue their activities; AMENDED PROPOSAL 
Unchanged 
Whereas minimum requirements in respect of all public 
or private Community television programmes for audio­
visual productions originating in the Community are an 
effective means to promote production, independent 
production and distribution in the abovementioned 
industries and are complementary to other instruments 
which are already or will be proposed to favour the same 
objective; Unchanged 
Whereas in addition to this Directive other Community 
measures to promote the international competitiveness of 
European cinema and television production are needed, 
in view of the strength of the non-European media 
industry, not only in order to achieve the economic 
objectives of the Community but also to counteract any 
loss of linguistic and cultural identity; 
Whereas the vulnerability of European cultural industries 
is not due to lack of creative talent, but to fragmented 
production and distribution systems and whereas it is 
therefore necessary to promote markets of sufficient size 
for television productions in the Member States to 
recover necessary investments not only by establishing 
common rules opening up national markets but also by 
offering productions of each kind from the Community 
an adequate part in television programmes of all Member 
States, which will at the same time promote the presence 
of other European cultures in the television programmes 
of each Member State; Unchanged 
Whereas the progressive establishment of a general pref­
erence for the distribution of television programmes of 
all kinds produced within the Community, and specific 
measures designed to promote employment and small 
and medium-sized enterprises within the Community's 
cultural industries, allows for the necessary adaptation of 
audio-visual production facilities to meet the increasing 
demand for television programmes; Unchanged 
Whereas, in particular, a preference for the first 
broadcast of new Community productions of a creative 
kind will promote actual and future employment in the 
industries mentioned in the preceding recitals; Unchanged 
Whereas, in addition, a preference for independent 
productions, made outside the broadcast undertaking, 
will stimulate new sources of television production, es­
pecially the creation of small and medium-sized enter­
prises and offer new opportunities and outlets to the 
marketing of creative talents of employment of cultural 
professions and workers; Unchanged 
27. 4. 88 Official Journal of the European Communities No C 110/9 
ORIGINAL PROPOSAL 
Whereas the admission of advertising in cross-frontier 
broadcasts will create the conditions in which broadcast 
advertising should become lawful in all Member States 
thereby establishing a common market for broadcast 
advertising throughout the Community; AMENDED PROPOSAL 
Delete 
Whereas Member States should limit the volume of 
broadcast advertising, so that it does not detract from 
the function of radio and television as media for infor­
mation, education, culture and entertainment and the 
demand for advertising in internal broadcasts of each 
Member State is largely met taking also into account the 
interests of other media; Whereas Member States should limit the volume of 
broadcast advertising so that it does not detract from the 
function of radio and television as media for infor­
mation, education, culture and entertainment and so that 
the demand for advertising in internal broadcasts of each 
Member State is largely met taking also into account the 
interests of other media, with a view to safeguarding the 
pluralism of the information sector as a whole; 
Whereas in order to ensure that the interests of 
consumers as listeners and viewers of broadcasts are fully 
and properly protected, it is essential for broadcast 
advertising to be subject to a number of rules and 
standards, the compliance with which is checked prior to 
transmission; Whereas in order to ensure that the interests of 
consumers as listeners and viewers of broadcasts are fully 
and properly protected, it is essential for broadcast 
advertising to be subject to a number of rules and 
standards; 
Whereas the implementation of the free cross-frontier 
movement of broadcasts implies a legal framework at 
Community level containing certain minimum standards 
on advertising, but it is for the Member States to 
complete these provisions at the national level; and 
whereas the Member States must maintain the right to 
introduce stricter standards for domestic transmission 
such as refusing to permit the broadcasting of adver­
tisements on Sundays or public holidays; Unchanged 
Whereas it is necessary to ensure that consumer interests 
are respected, especially bearing in mind the considerable 
impact of advertising on listeners and viewers, and thus it 
is necessary, in accordance with the solution adopted in 
the majority of Member States, to prohibit all adver­
tisements promoting cigarettes and tobacco products and 
to introduce strict rules relating to the advertisement of 
alcoholic products and to permit those Member States 
which wish to do so to prohibit completely such adver­
tisements in their internal broadcasts; Unchanged 
Whereas, more particularly, advertisements can unduly 
influence younger people if special standards are not laid 
down to prevent it; Unchanged 
NoC 110/10 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas because of the constant rise in the cost of 
audio-visual programmes sponsorship is developing 
greatly and playing an increasing role in the financing of 
programmes; whereas sponsorship should not be 
excluded from such financing, but it should be strictly 
ensured that sponsors do not exercise any improper 
influence on the contents of programmes and that there 
is no link between programmes and advertising within or 
around them which can be taken to suggest this; Whereas because of the constant rise in the cost of 
audio-visual programmes sponsorship is developing 
greatly and playing an increasing role in the financing of 
programmes; whereas sponsorship should not be 
excluded from such financing, but it should be strictly 
ensured that sponsors do not exercise any influence on 
the contents of programmes and that there is no direct 
link between programmes and advertising within or 
around them which can be taken to suggest this; 
Whereas, given the large degree of flexibility for 
Member States to fix the total volume of advertising time 
in internal broadcasts, Member States may restrict the 
retransmission of cross-frontier broadcast advertising 
exceeding 15 % of each broadcast receivable each day 
by the public in those Member States, in order to give a 
certain guarantee to consumers in receiving countries 
and to avoid important distortions of competition 
between broadcasters in the Community; Whereas, given the large degree of flexibility for 
Member States to fix the total volume of advertising time 
in television broadcasts, each Member State should be 
permitted to restrict the retransmission of television 
advertising from other Member States exceeding 15 % 
per day and 18 % per hour of the television broadcast 
receivable by the public in that Member State, in order 
to give a certain guarantee to consumers in receiving 
countries and to avoid important distortions of compe­
tition between broadcasters in the Community; 
Whereas a lower limit than 15 % could have the effect 
of excluding certain existing broadcasters in some 
Member States from free provision of their services 
within the Community; Unchanged 
Whereas it is accepted that the protection of the 
physical, mental and moral development of children and 
young persons is in the general interest; Unchanged 
Whereas in a common market for broadcasting, broad­
casters should be subject to similar obligations in relation 
to the protection of children and young persons against 
possible harmful effects of confrontation with inappro­
priate audio and audi-visual material; Unchanged 
Whereas the Community, while ensuring the free 
movement of broadcasts, must ensure respect for 
copyright and related rights; Unchanged 
Whereas a preference to arrive at this result by an 
agreement freely entered into by the various interested 
parties, that is a contractual solution, is generally 
recognized; Unchanged 
Whereas a sufficiently long period for negotiation should 
be allowed to permit these parties to conclude such 
agreements respecting the interests of each of them; Unchanged 
Whereas, nevertheless, in the absence of an agreement 
and if a cable operator has manifested his desire to 
retransmit a certain programme coming from another 
Member State, the balance between these interests has to 
be safeguarded by a system of legal licences providing 
for adequate remuneration which the particular Member 
State will be obliged to introduce under these circum­
stances; Whereas, nevertheless, in the absence of an agreement 
and if a cable operator has manifested his desire to 
retransmit a certain programme coming from another 
Member State, the balance between these interests has to 
be safeguarded by the decision of an arbitration body 
fixing the adequate remuneration which the particular 
Member State will be obliged to introduce under these 
circumstances; 
27. 4. 88 Official Journal of the European Communities No C 110/11 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas in a common market for broadcasting, broad­
casting companies should be subject to similar obli­
gations in relation to the right to reply, to ensure that 
this right may be effectively exercised by anyone whose 
legitimate interests have been harmed by a statement in a 
radio or television broadcast; 
Whereas the Council must ensure by means of a separate 
decision that the Community directive takes precedence 
over the European convention on broadcasting without 
frontiers currently being drawn up at the Council of 
Europe, to enable the Community, through the work of 
its institutions, to fulfil the task assigned to it of creating 
a common market in the field of broadcasting; 
Whereas it is vital to stress the requirement that, in 
accordance with Article 5 of the Treaty, Member States 
should refrain from concluding international agreements 
on this subject before the Council has adopted this 
Directive; 
Whereas this Directive is only an initial step towards the 
necessary gradual development of the comprehensive 
European 'media' policy advocated by the European 
Parliament in its resolution of 10 October 1985 ('), 
HAS ADOPTED THIS DIRCTIVE: Unchanged 
CHAPTER I 
General provision 
Article 1 Article 1 
1. Each Member State shall ensure that all internal 
broadcasts originating on its territory comply with its law 
applicable to broadcasts intended for the public in that 
Member State. 1. Each Member State shall ensure that all broadcasts 
transmitted by broadcasters under its jurisdiction comply 
with its law applicable to broadcasts intended for the 
public in that Member State. 
2. Without prejudice to Article 14 and the provisions 
of Chapter V, the Member States shall not restrict the 
reception and retransmission on their territories of 
broadcasts from other Member States for reasons which 
fall within the fields coordinated by this Directive. 2. Unchanged 
3. This Directive does not apply to broadcasts 
intended exclusively for reception in States other than 
Member States. 3. Unchanged 
(') OJ No C 288, 11. 11. 1985, p. 113. 
No C 110/12 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
CHAPTER II 
Promotion of distribution and production of television 
programmes 
Article 2 
1. Member States shall ensure that internal broad­
casters of television reserve at least 30 % of their 
programming time not consisting of news, sporting 
events and game shows, advertising or teletext services 
for broadcasts of Community works within the meaning 
of Article 4, of which in the case of initial transmissions 
at least one-third shall be reserved for first broadcasts in 
the Community. 
2. This percentage shall be progressively increased to 
reach at least 60 % after the expiry of three years from 
the date specified in Article 22. 
3. For the purposes of this Article, 
— in cases of simultaneous, unaltered and unabridged 
retransmission, internal broadcasts from other 
Member States shall be regarded in their entirety as 
Community works, 
— in cases of co-produced Community works, the first 
broadcast by each of the co-producers shall be 
considered a first broadcast in the Community. 
Article 3 
1. Member States shall ensure that, as regards their 
initial transmissions, internal television broadcasters 
reserve at least 5 % of their programming budget for 
Community works, within the meaning of Article 4, 
created by independent producers. 
2. This percentage shall be progressively increased to 
reach at least 10 % after the expiry of three years from 
the date specified in Article 22. 
Article 4 
Community works within the meaning of this chapter 
are: Article 2 
1. Member States shall ensure that television broad­
casters and cable operators retransmitting television 
broadcasts reserve at least 60 % of their programming 
time not consisting of news, sporting events, game 
shows, advertising or teletext services for Community 
works of which at least one-third shall be reserved for 
first broadcasts in the Community. This percentage shall 
be achieved gradually on the basis of appropriate criteria 
within a period of three years from the date specified in 
Article 22. 
Delete 
2. For the purposes of paragraph 1: 
— in cases of simultaneous,' unaltered and unabridged 
retransmission, broadcasts from other Member States 
shall be regarded in their entirety as Community 
works, 
— in cases of co-productions, the first broadcast by 
each of the Community co-producers shall be 
considered to be a first broadcast in the Community. 
Article 3 
1. Member States shall ensure that television broad­
casters reserve at least 5 % of their programming budget 
for Community works created by producers who are 
independent of the television companies. 
2. This percentage shall be progressively increased to 
at least 10 % after the expiry of three years from the 
date specified in Article 22 and shall be achieved by allo­
cating an adequate proportion to recent works, that is, 
works produced within a reasonable period before their 
transmission. Such a period shall be considered 
reasonable where is does not exceed five years. 
Article 4 
1. Community works within the meaning of this 
chapter are works mainly made with authors and 
workers residing in one or more Member States provided 
that they comply with one of the following three 
conditions: 
27. 4. 88 Official Journal of the European Communities No C 110/13 
ORIGINAL PROPOSAL 
(a) works, made by producers from a Member State; 
(b) works made by producers from several Member 
States; 
(c) works made by producers from one or several 
Member States and non-Member States where the 
Community proportion of the total production costs 
is equal to at least 70 %. AMENDED PROPOSAL 
(a) such works are made by one or more producers 
established in one or more Member States; or 
(b) production of the works is supervised and actually 
controlled by one or more producers established in 
one or more Member States; or 
(c) the contribution of Community co-producers to the 
total co-production costs is preponderant and the co-
production is not controlled by one or more 
producers established outside the Community. 
2. Works made either exclusively or in co-production 
with producers established in one or more Member 
States, by producers established in one or more of the 
EFTA or Council of Europe States that have concluded 
agreements based on reciprocity with the Community 
shall be considered to be Community works for the 
purposes of this chapter if they are made mainly with 
authors and workers residing in one or more Member 
States or EFTA or Council of Europe States. 
3. Works not being Community works within the 
meaning of paragraph 1 but made mainly with authors 
and workers residing in one or more Member States 
shall be considered to be Community works to an extent 
corresponding to the proportion of the contribution of 
Community co-producers to the total production costs. 
Article 4a 
1. This chapter shall not apply to local television 
broadcasts not forming part of a national network. 
2. Member States shall remain free in relation to some 
or all of the television broadcasters under their juris­
diction to provide for more detailed or stricter rules in 
order to promote the distribution and production of tele­
vision programmes. 
Article 4b 
The Commission shall enter into negotiations with the 
States of EFTA and the Council of Europe with a view 
to the agreements referred to in Article 4 (2). 
No C 110/14 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
CHAPTER III 
Broadcast advertising and sponsoring 
SECTION 1 Delete 
INTERNAL BROADCASTS Delete 
Article 5 
Member States shall fix the amount of time allowed for 
broadcast advertising so that: 
(a) it does not detract from the function of radio and 
television as media for information, education, 
culture and entertainment; and 
(b) the demand for broadcast advertising can be largely 
met, also taking into account the interests of other 
media. 
Article 6 
1. Without prejudice to the provisions of other 
Community acts, the Member States shall ensure that 
broadcast advertising in internal broadcasts is checked 
prior to transmission and is broadcast only if it complies 
with the rules of this section. 
2. Member States shall ensure that, in the case of 
broadcasts that do not respect these requirements, appro­
priate remedies sufficient to secure compliance with the 
rules are imposed on the broadcasters concerned. 
Article 7 
1. Broadcast advertising shall be clearly recognizable 
as such. 
2. Broadcast advertising shall be grouped in blocks 
and kept quite separate from the other programme 
material. 
3. Broadcast advertising shall not interrupt coherent 
programme items except where the interruption does not 
constitute an unreasonable interference because: 
(a) the advertising is scheduled in such a way as to avoid 
prejudice to the integrity and value of programmes 
or their natural continuity; 
(b) the advertising is inserted in a natural break within 
the programme; and 
(c) the duration and nature of the programme is such as 
to permit that advertising break. Article ") 
Member States shall ensure that broadcast advertising 
and the maximum amount of time allowed for it is 
determined for each broadcaster authorized to broadcast 
advertising so that: 
(a) unchanged 
(b) the demand for broadcast advertising can be largely 
met, also taking into account the interests of other 
media, with a view to safeguarding the pluralism of 
information. 
Article 6 
1. Without prejudice to the provisions of other 
Community acts, Member States shall ensure that adver­
tising is broadcast only if it complies with the rules of 
this chapter. 
2. Unchanged 
Article 7 
1. Unchanged 
2. Broadcast advertising shall be kept quite separate 
from the other programme material by optical or 
acoustic means. 
3. Unchanged 
27. 4. 88 Official Journal of the European Communities No C 110/15 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 8 
Broadcast advertising shall not: 
(a) offend against prevailing standards of decency and 
good taste; 
(b) contain any racial or sexual discrimination; 
(c) be offensive to religious or political beliefs; 
(d) seek to rely on fear without justifiable reason; 
(e) encourage behaviour prejudicial to health or safety. Article 8 
Broadcast advertising shall not: 
(a) offend against prevailing standards of decency; 
(b) contain any discrimination on the grounds of race, 
sex or nationality; 
(c) unchanged 
(d) seek to rely on fear; 
(e) encourage behaviour prejudicial to health or safety 
or the protection of the environment; 
(f) employ forms of expression which contravene respect 
for the dignity of women. 
Article 9 
Broadcast advertising for cigarettes and other tobacco 
products shall be prohibited. Article 9 
Unchanged 
Article 10 
Broadcast advertising for alcoholic beverages shall 
comply with the following rules: 
(a) it shall avoid anything that might prompt or 
encourage childen and young persons to consume 
alcohol; 
(b) it shall not link the consumption of alcohol to 
physical performance or to driving; 
(c) it shall not create the impression that the 
consumption of alcohol contributes to social or 
sexual success; 
(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; 
(e) it shall not encourage immoderate consumption of 
alcohol or present abstinence or moderation in a 
negative light; 
(f) it shall not place undue emphasis on the alcoholic 
content of beverages. Article 10 
Broadcast advertising for alcoholic beverages shall 
comply with the following criteria: 
(a) it shall avoid anything that might prompt or 
encourage children and young persons to consume 
alcohol; the participation of children and young 
persons in such advertising shall be prohibited; 
(b) unchanged 
(c) unchanged 
(d) unchanged 
(e) unchanged 
(f) unchanged 
Article 11 
Broadcast advertising shall further comply with the 
following rules for the protection of children and young 
persons: 
(a) it shall not directly exhort children and young 
persons to buy a product or a service or exploit their 
immaturity of judgement and inexperience; Unchanged Article 11 
No C 110/16 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
(b) it shall not encourage children and young persons to 
persuade their parents or others to purchase the 
goods or services being advertised; 
(c) it shall not exploit the special trust children and 
young persons place in parents, teachers or other 
persons; 
(d) it shall not unreasonably show children and young 
persons in dangerous situations. 
Article 12 Article 12 
1. Member States shall allow the sponsorship of 
broadcast programmes. 
Undertakings shall not exert improper influence over 
parts of the programme that do not consist of adver­
tising. Nothing shall be included in any broadcast adver­
tising or programme which could reasonably be taken to 
suggest or imply that undertakings, for advertising 
purposes, have influenced parts of the programme which 
are not an advertisement. In particular, 2. Undertakings shall not exert any de jure or de facto 
influence over the programme as a whole or over parts 
of the programme that do not consist of advertising. 
Nothing shall be included in any broadcast advertising or 
programme which could be reasonably taken to suggest 
or imply that undertakings, for advertising purposes, 
have influenced parts of the programme which are not 
an advertisement. In particular, 
(a) programmes shall not refer to specific undertakings, 
products or services in a way not necessary for their 
content; (a) unchanged 
(b) programmes which are funded or co-funded by non-
broadcasters shall be identified as such; however, the 
identification shall be restricted to a credit at the 
beginning and end of the programme; (b) unchanged 
(c) programmes shall not contain any promotion equi­
valent to advertising, especially on behalf of those 
who funded or co-funded them; (c) unchanged 
(d) advertising within or around programmes shall not 
be allowed if there is any link in content or presen­
tation with the programme. (d) advertising within or around programmes shall not 
be allowed if there is any direct link in content or 
presentation with the programme. 
Article 13 
1. Member States shall remain free to prohibit or 
restrict broadcast advertising on Sundays and public 
holidays and to prohibit all broadcast advertising for 
alcoholic beverages. Article 13 
1. As regards broadcasters under their jurisdiction, 
Member States shall remain free to prohibit or restrict 
broadcast advertising on Sundays and public holidays 
and to prohibit all broadcast advertising for alcoholic 
beverages. 
2. Member States shall remain free to apply more 
detailed or stricter rules with regard to Articles 7, 8 and 
10, 11 and 12. 2. Member States shall remain free to require broad­
casters under their jurisdiction to apply more detailed or 
stricter rules than are contained in Articles 7, 8 and 10 to 
12. 
3. Member States shall remain free not to apply 
Articles 5, 6 and 7 (2) and (3) to local broadcasts. 
27. 4. 88 Official Journal of the European Communities No C 110/17 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
SECTION 2 
CROSS-FRONTIER TELEVISION BROADCASTS Delete 
Delete 
Article 14 
Member States shall admit the reception and retrans­
mission of advertising in cross-frontier television 
broadcasts which does not exceed 15 % of the broadcast 
receivable each day by the public in those Member 
States. Where a Member State allows one or several 
internal television broadcasters to carry advertising for 
more than 15 % of daily broadcasting time, it shall 
admit comparable types of cross-frontier broadcasts 
which contain amounts of advertising that do not exceed 
those permitted for internal television broadcasts of the 
same category. Article 14 
Each Member State shall permit the reception and 
retransmission of advertising in television broadcasts 
from other Member States which does not exceed 15 % 
per day and 18 °/o per hour of the broadcast receivable 
by the public in that Member State. Where a Member 
State allows one or more television broadcasters under 
its jurisdiction to carry more advertising it shall permit 
an equal proportion of advertising in comparable types 
of broadcasts from other Member States. 
CHAPTER IV 
Protection of children and young persons 
Article 15 
1. Member States shall ensure that internal broadcasts 
do not include programmes which might seriously harm 
the physical, mental or moral development of children 
and young persons, in particular those that involve 
pornography, gratuitous violence or incitement to race 
hatred. Article 15 
1. Member States shall ensure that broadcasts do not 
include programmes which are likely seriously to harm 
the physical, mental or moral development of children 
and young persons, in particular those that involve 
pornography or gratuitous violence. This shall also apply 
to programmes which, although not covered by the 
preceding sentence, might harm the physical, mental or 
moral development of children and young persons, 
except where it is ensured, by selecting the time of the 
broadcast or by any technical measure, that children and 
young persons cannot normally hear or see such 
broadcasts. 
Member States shall also ensure that broadcasts do not 
contain any incitement to racial hatred. 
2. They shall ensure that internal broadcasts are 
checked prior to transmission and broadcast only if they 
comply with the requirements under paragraph 1. 
Member States shall ensure that, in the case of 
broadcasts that do not respect these requirements, appro­
priate remedies sufficient to secure compliance with the 
rules are imposed on the broadcasters concerned. 2. Member States shall ensure that programmes are 
broadcast only if they comply with the requirements 
under paragraph 1 and that, in the case of broadcasts 
that do not respect these requirements, appropriate 
remedies sufficient to secure compliance with the rules 
are imposed on the broadcasters concerned. 
Article 16 
Member States shall remain free to apply more detailed 
or stricter rules for the protection of children and young 
persons to internal broadcasts. Article 16 
Member States shall remain free to require broadcasters 
under their jurisdiction to apply more detailed or stricter 
rules for the protection of children or young persons. 
No C 110/18 Official Journal of the European Communities 27. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
CHAPTER V 
Copyright 
Article 17 Article 17 
Member States shall ensure that the retransmission by 
cable in their territory of internal broadcasts from other 
Member States may take place with respect for 
applicable copyright and related rights, in particular on 
the basis of contractual agreements between right owners 
and cable operators. When a cable operator retransmits a 
broadcast before a contractual agreement has been 
reached or a statutory licence is applied, he shall be 
subject to civil and penal sanctions provided for in the 
law of the Member State where the retransmission takes 
place sufficient to secure compliance with the rules. 
Article 18 
1. Where a cable operator notifies a Member State 
that the simultaneous, unaltered and unabridged retrans­
mission by cable of an internal broadcast from another 
Member State has been prevented by the invocation of 
copyright or related rights, the Member State that has 
been notified shall ensure, within a period of two years 
from the notification, that the retransmission is made 
possible by the application of a statutory licence. 
However, such a statutory licence need not be granted 
if, during the two-year period, the obstacle to retrans­
mission has been removed, in particular, by a contractual 
agreement between right owners and one or several cable 
operators. 
2. Where the right invoked is a related right held by a 
broadcasting undertaking by virtue of the European 
Agreement on the Protection of Television Broadcasts of 
22 June 1960, and the Agreement is an obstacle to the 
introduction of the statutory licence, the Member State 
shall denounce te Agreement to the extent necessary to 
permit the statutory licence to be introduced in 
accordance with paragraph 1. 1. Member States shall ensure that the retransmission 
by cable in their territory of broadcasts from other 
Member States may take place with respect for 
applicable copyright and related rights, in particular on 
the basis of contractual agreements between right owners 
and cable operators. To this end Member States shall 
encourage negotiations between the collective bodies 
responsible for managing copyright and related rights 
and the cable operators with a view to the conclusion of 
agreements laying down the legal and financial 
conditions governing the retransmission of the 
broadcasts in question. 
2. When a cable operator retransmits a broadcast 
before a contractual agreement has been concluded or a 
decision enabling such retransmission has been taken by 
the arbitration body specified in Article 19, he shall be 
subject to civil and penal sanctions provided for in the 
law of the Member State where the retransmission takes 
place. Such sanctions shall be sufficient te secure 
compliance with the rules. 
Article 18 
1. Where a cable operator notifies a Member State 
that the simultaneous, unaltered and unabridged retrans­
mission by cable of a broadcast from another Member 
State has been prevented by the invocation of copyright 
or related rights, the Member State that has been so 
notified shall ensure, within a period of two years from 
the notification, that the retransmission is made possible 
through a decision of the arbitration body specified in 
Article 19. However, such a decision shall not be 
necessary if, during the two year period, the obstacle to 
retransmission has been removed, in particular by a 
contractual agreement between right owners and one or 
more cable operators. 
2. Where the right invoked is a related right held by 
a broadcasting undertaking by virtue of the European 
Agreement on the Protection of Television Broadcasts of 
22 June 1960, and the Agreement is an obstacle to the 
establishment of a compulsory arbitration scheme, the 
Member State shall adopt appropriate procedures with a 
view to securing its establishment in accordance with 
paragraph 1. 
27. 4. 88 Official Journal of the European Communities No C 110/19 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 19 
1. The statutory licence introduced in accordance 
with Article 18 shall secure an equitable remuneration 
for the holders of copyright and related rights. Article 19 
1. The decision taken in accordance with Article 18 
shall secure an equitable remuneration for the holders of 
copyright and related rights. 
2. In determining the remuneration, in particular all 
the following criteria shall be taken into account: 
(a) the usual level of contractual licence fees for 
comparable cable transmissions; 
(b) the usual level of remuneration paid for the first 
broadcast; 
(c) the number of subscribers linked to the cable 
network and the level of fees paid by them; 
(d) the likelihood and the extent of any impairment of 
other marketing opportunities, in particular the 
showing of films and the performance of dramatic or 
dramatic musical works. 2. Unchanged 
3. The remuneration may be claimed only by 3. Unchanged 
collecting societies. 
4. In the absence of an amicable agreement, the 
remuneration shall be determined by the competent 
authority. Deleted 
5. The competent authority may be a court, an 
administrative authority or an arbitration body. It shall 
be composed so as not to cast doubt on its impartiality. 
It shall give reasons for its decisions. Where it is not a 
court, provision shall be made for procedures whereby 
improper or unreasonable exercise of the competent 
authority's powers or improper or unreasonable failure 
to exercise the said powers can be the subject of judicial 4. Member States shall determine the composition of 
the arbitration body in such a way that holders of 
copyright and related rights are adequately represented 
thereon. It shall be so composed as not to cast doubt on 
its impartiality. It shall give reasons for its decisions. 
Member States shall make provision for procedures 
whereby improper or unreasonable exercise of the arbi­
tration body's powers or improper or unreasonable 
failure to exercise the said powers can be subject to 
judicial review. 
Article 20 
The provisions of this chapter shall not affect the moral 
rights of copyright owners and equivalent personal rights 
of owners of related rights. Unchanged Article 20 
CHAPTER Va 
Right of reply 
Article 20a 
1. Without prejudice to other provisions adopted by 
the Member States under civil or criminal law, any 
natural or legal person whose legitimate interests, in 
particular reputation and good name, have been 
damaged by an assertion of incorrect facts in a broadcast 
programme shall have a right of reply. 
NoC 110/20 Official Journal of the European Communities 17. 4. 88 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
2. A right of reply shall exist in relation to all broad­
casters under the jurisdiction of a Member State. 
3. Member States shall adopt the measures needed to 
establish the right of reply and shall determine the 
procedure for the exercise thereof. In particular, they 
shall ensure that sufficient time is allowed for the right 
to be exercised effectively by natural or legal persons 
resident or established in other Member States. 
4. An appliction for exercise of the right of reply may 
be rejected if such a reply is not justified according to 
the conditions laid down in paragraph 1, would involve a 
punishable act, would render the broadcaster liable to 
civil law proceedings or would transgress standards of 
public decency. 
5. Provision shall be made for procedures whereby 
disputes as to the exercise of the right of reply can be 
subject to judicial review. 
CHAPTER VI 
Final provisions 
Article 21 Article 21 
For the purpose of this Directive: 
1. 'Broadcasting' means the initial transmission or 
retransmission by wire or over the air, including those 
by satellite, in unencoded or encoded form, of radio 
and television programmes intended for reception by 
the public. Except for the purposes of Chapter V on 
copyright, it includes the communication of 
programmes between undertakings with a view to 
their being relayed to the public. It does not include 
communication services providing items of infor­
mation or other messages on individual demand such 
as telecopying, electronic data banks and other similar 
services. 1. For the purpose of this Directive: 
(a) 'Broadcasting' means the initial transmission by wire 
or over the air, including that by satellite, in 
unencoded or encoded form, of radio and television 
programmes intended for reception by the public. 
Except for the purposes of Chapter V, it includes the 
communication of programmes between under­
takings with a view to their being relayed to the 
public. It does not include communication services 
providing items of information or other messages on 
individual demand such as telecopying, electronic 
data banks and other similar services. 
'Broadcast advertising' means an announcement in any 
form broadcast by a public or private undertaking in 
connection with a trade, business, craft or profession 
in order to promote the supply of goods or services, 
including immovable property, rights and obligations. 
It does not include sponsored programmes. (b) 'Broadcast advertising' means an announcement in 
any form broadcast by a public or private under­
taking in connection with a trade, business, craft or 
profession in order to promote the supply against 
payment of goods or services, including immovable 
property, rights and obligations. 
27. 4. 88 Official Journal of the European Communities No C 110/21 
ORIGINAL PROPOSAL 
3. 'Internal broadcasts' means initial transmission by 
public or private undertakings engaged in broad­
casting on the territory of a Member State, including 
transmissions exclusively intended for reception in 
other Member States. It also includes the initial 
retransmission by such undertakings of broadcast 
transmissions originating from an undertaking 
engaged in broadcasting on the territory of a State 
other than a Member State. 
4. 'Cross-frontier broadcasts' means internal transmissions 
that can be received directly by the public in another 
Member State or by way of retransmission even 
where they are retransmitted by an undertaking estab­
lished in the territory of that other Member State. 
Article 22 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive not later than . . . They shall 
forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the text of the main provisions of national 
law which they adopt in the fields governed by this 
Directive. 
Article 23 
Before the end of the sixth year after the date mentioned 
in Article 22, the Commission shall submit to the 
Council, the European Parliament and the Economic 
and Social Committee a report on the manner in which 
this Directive has operated and, if necessary, make 
further proposals to adapt it to the developments in the 
broadcasting field. 
Article 24 
This Directive is addressed to the Member States. AMENDED PROPOSAL 
(c) 'Sponsoring' means any contribution made by a 
public or private undertaking not engaged in broad­
casting activities or in the production of audio-visual 
works, to the financing of broadcast programmes 
with a view to promoting its name, its trade mark, its 
image, its activities or its products. 
Delete 
2. Member States shall take measures to establish the 
concept of the independent producer by providing 
sufficient opportunities for smaller producers and 
reserving the right to allow financial contributions by co-
production subsidiaries of television companies. 
Article 22 
Unchanged 
Article 23 
Before the end of the third year after the date mentioned 
in Article 22 and every two years thereafter, the 
Commission shall submit to the Council, the European 
Parliament and the Economic and Social Committee a 
report on the manner in which this Directive has 
operated and, if necessary, make further proposals to 
adapt it to developments in the broadcasting field. 
Article 24 
Unchanged