3. Recognises the need to give attention to the propagation across the EU of best practices in matters
such as the alleviation of the adverse effects of industrial change, preventing long-term unemployment, andon territorial employment strategies, and therefore invites the social partners jointly to develop the appro-
priate structure and organisation for this purpose;
4. Instructs its President to forward this resolution to the Commission, Council, the governments and
parliaments of the Member States and the social partners.
11. Community audiovisual policy in the digital age
A5-0209/2000
European Parliament resolution on the Communication from the Commission to the Council,the
European Parliament,the Economic and Social Committee and the Committee of the Regions
‘Principles and guidelines for the Community’s audiovisual policy in the digital age’
(COM(1999) 657 bdash C5-0144/2000 bdash 2000/2087(COS))
The European Parliament,
/dash having regard to the Commission communication (COM(1999) 657 /dash C5-0144/2000),/dash having regard to Articles 157 and 151 of the Treaty and the Protocol on the system of public broad-
casting in the Member States annexed to the EC Treaty,
/dash having regard to the 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 theaudiovisual sector)(
1),
/dash having regard to the Council Conclusions of 16 May 2000 on the principles and guidelines for audio-
visual policy,
/dash having regard to Rule 47(1) of its Rules of Procedure,
/dash having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and
the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs
and the Internal Market (A5-0209/2000),
A. whereas the issues relating to the audiovisual sector have already been comprehensively addressed and
discussed over the last few years, at the Birmingham Conference in 1998, following on from the
consultation on the Convergence Green Paper (COM(1997) 623), and alongside the revision of thedirectives on telecommunications,
B. whereas the audiovisual sector, in addition to being one of the most important sources of new jobs,
will continue to play a fundamental role in upholding democracy, freedom of thought and pluralism,
as well as safeguarding and promoting cultural and linguistic diversity in Europe; whereas it is more
important to promote European content than to protect it artificially in a global context which makesthis impossible,
C. whereas, in view of the development of digital technology, the existing Community rules governing
the audiovisual sector should swiftly be amended in order to achieve the correct balance between the
application of the basic principles which are currently in force and the technological and marketchanges which are taking place,
D. whereas vigilance will be needed to ensure that the regulatory separation between infrastructure and
content takes place in such a way that the technological and market aspects do not predominate to
such an extent that they post a threat to pluralism and cultural diversity,
(1) OJ C 283, 6.10.1999, p. 1.7.5.2001 EN C 135/181 Official Journal of the European Communities
Wednesday 6 September 2000
E. whereas European rules relating to the audiovisual sector do not cover global dissemination systems
such as the Internet, nor do they cover the transmission of the same or similar content by means ofdifferent technological platforms,
F. whereas the public must be guaranteed access to audiovisual services in accordance with the criteria of
universality, affordability and non-discrimination,
G. whereas the introduction of a European forum on content might create worthwhile synergies between
the Commission, the relevant national authorities, operators and users,
H. whereas competition policy must be able to constitute an appropriate, effective instrument for pre-
venting the emergence of dominant positions, as regards both the concentration of media ownership
in the new digital environment and the safeguarding of pluralism, but must not lead to a situationwhere the development of a competitive and varied supply of European audiovisual content is fru-
strated by restrictions on state aid to such productions,
I. whereas coordination between the Commission and the relevant national authorities seems to be par-
ticularly desirable in the audiovisual sector,
J. whereas, as stated in the above Protocol, public service broadcasting plays a central part in safeguard-
ing pluralism, and whereas, however, it is for the Member States to determine how public servicebroadcasting is funded; whereas the legitimate functions of public service broadcasting should include
not only experimental work and research but also the potentially unrestricted use of new technical
resources and forms of marketing in order to give public service broadcasting the prospect of compet-ing on the market on an equal footing,
K. whereas rules on content in respect of programme and supply responsibility should apply equally to
public service and private or commercial operators,
L. whereas the Member States are gradually preparing the instruments for the move to digital terrestrial
television,
M. whereas the specific characteristics of the medium of radio must be safeguarded and the move to
digital broadcasting must be facilitated,
N. whereas the European film industry is in need of massive funding and a marketing and distribution
structure capable of meeting the challenge of the global market and supporting cultural diversity;
whereas the Media programme is a useful, but inadequate, instrument for the hoped-for growth of
the European audiovisual sector and in particular independent art cinema,
O. whereas compliance with the principle of separation between advertising and artistic, editorial or
entertainment content must be assured in the new multimedia environment,
P. whereas copyright, the effectiveness of which is in jeopardy in the digital environment, must be pro-
tected; whereas respect for intellectual property is a source of vitality in the audiovisual and cinemato-
graphic sector and the proposal for a directive on copyright and associated rights in the information
society must therefore be speedily adopted, both to protect created works and to ensure that they areaccessible and can circulate freely,
Q. whereas, on the international scene, the distinction between medium and content must be safe-
guarded, so as to avoid the latter being equated in every respect with any other service which maybe sold on line; whereas the local dimension and cultural diversity are key elements in international
negotiations on audiovisual services,
1. Endorses, in general terms, the Commission’s guidelines for audiovisual policy in the digital age and
notes that the timetable for action covering the next five years does not include any major innovations bycomparison with what is envisaged in current legislation;C 135/182 EN 7.5.2001 Official Journal of the European Communities
Wednesday 6 September 2000
Revision of the ‘Television without Frontiers’ Directive
2. Calls on the Commission to ensure that, in order to take account of technological developments and
of the services offered by digitalisation, the work leading up to the revision of Directive 89/552/EEC(1)
should nonetheless enable the formal revision thereof to be implemented in the course of 2002;
3. Calls on the Commission to ensure that, as part of the revision of the legislation on audiovisual
services, a core of key principles for all audiovisual services, irrespective of the method of transmission
to users, is identified, or that directives (or, at least, specific regulatory instruments) are drawn up for thepurpose of laying down general rules for each type of audiovisual service, irrespective of transmission orbroadcasting technique;
4. Considers that the data-collection and assessment criteria and methods used for the purpose of draw-
ing up reports on the application of Articles 4 and 5 of Directive 89/552/EEC must be standardised so that
comparable, accurate and objective analyses can be produced;
5. Calls on the Commission, the Council and the Member States to ensure that the rules governing the
new digital services offered via convergent networks reaffirm the specific nature of audiovisual services by
comparison with all the services of the information society;
6. Agrees with the Commission’s aim of providing operators in the audiovisual sector with a clear and
predictable policy environment; takes the view that the introduction of digital technologies in the audio-
visual sector will call for adjustment of the regulatory framework, in which priority should be given to adifferentiated and flexible approach, on the basis of existing law; considers that when introducing new
provisions or adjusting existing ones, their impact on employment and growth needs bearing in mind;
The principles to be safeguarded and the regulatory arrangements for the new digital services
7. Endorses the principle of separate legislation for transmission and content, and reiterates the princi-
ple that, in the information society, users should effectively be guaranteed the right of access to networksunder infrastructure regulation in accordance with the criteria of universality and affordability, and access
to their content under content regulation in accordance with criteria of universality, affordability, non-
discrimination and transparency;
8. Maintains that regulation must be confined to what is strictly essential and must be applied only
where competition is inadequate; such regulation must always be minimal, clear, simple, predictable andconsistent and enable the market in the Member States to operate in accordance with the competition
rules;
9. Reiterates that some specific technical aspects concerning consumer access to content (electronic
programme guides and conditional access, and any technical system interposed between access to the
medium and choice of content, including both television and interactive services) require appropriate
rules for ensuring pluralism and cultural and linguistic diversity and for protecting users’ freedom ofchoice;
10. Calls on the Commission to recognise the importance of universal service as a means of preventing
social exclusion by ensuring that consumers have affordable access to communications services;
11. Reaffirms that the protection of minors and human dignity in audiovisual and information services
is essential in order to promote harmonious personal development and ensure an appropriate social bal-ance, as well as being essential in order to create the climate of trust needed in a sector where the number
of programmes on offer is increasingly large;
12. Calls on the Commission, the Member States, public broadcasting services, private broadcasters and
all major operators in the audiovisual sector to step up experiments with systems for filtering programmes
and other methods of parental control for the protection of minors and, if applicable, to create the appro-priate legal framework in the Member States;
(1) OJ L 298, 17.10.1989, p. 23.7.5.2001 EN C 135/183 Official Journal of the European Communities
Wednesday 6 September 2000
13. Approves the use of self-regulation in the rules on audiovisual content, but such rules should be
taken to be a set of principles, preferably accompanied by shared codes of conduct, laid down by therelevant national and Community authorities;
14. Supports the principle espoused by the Commission that the allocation of scarce spectrum should
aim for optimum efficiency whilst stressing that the approach to broadcast spectrum cannot be considered
in isolation from other public policy objectives which public service broadcasters are required to meet;
15. Notes the conclusions of the Lisbon seminar on digital terrestrial television and the activities relat-
ing to digital video broadcasting (DVB), and calls on the Council and the Member States to take steps inorder to achieve a gradual and agreed move to digital television, in particular digital terrestrial television;
16. Calls on the Commission and the Member States to take the lead in organising an appropriate
European consultative forum to discuss aspects relating to the content of audiovisual and multimedia
material (cinema, television, Internet, video games, webcasting, DVD, UMTS telephone, etc.) and related
social and economic aspects;
Competition and the audiovisual market
17. Calls on the Commission and the relevant national authorities to ensure, with a view to safeguard-
ing pluralism, that measures are taken to prevent the emergence and maintenance of dominant positions
in the audiovisual sector; calls on the Commission to assess the dominant position of audiovisual services
on the basis of both economic and general criteria, looking at the functioning of the markets vertically,horizontally and intersectorally and not only in percentage terms, and taking into account the impact on
European languages and cultural identity (Article 151(4) of the Treaty);
18. Calls, therefore, on the Commission to assess carefully whether it would be advisable to put forward
appropriate initiatives on media ownership in the new digital environment, with particular reference to
vertical mergers;
19. Calls on the Commission to ensure Europe-wide coordination between the national regulatory
authorities and the audiovisual sector regulators; calls on the Commission to promote the creation of aEuropean body to safeguard Europe-wide transparency in all areas of the audiovisual and multimedia mar-
ket and to counter market concentrations which may pose a threat to pluralism,
20. Calls on the Commission to take into account the cultural uniqueness and the weak economic
position of the European audiovisual sector when defining its competition policy for this sector and to
ensure that there are strong European groups capable of competing worldwide;
Functions of public service broadcasting
21. Considers that the provisions of the above Protocol concerning the role of public service broad-
casting in safeguarding pluralism are of fundamental importance; reiterates that it is for the Member States
to define the tasks of public service broadcasting and to determine how public service broadcasting is
funded in accordance with the Protocol;
22. Stresses that public service and private broadcasting must play an innovative role at the forefront of
the digital audiovisual industry;
23. Invites the Member States, the relevant national authorities and those responsible for managing
public service broadcasting to provide such broadcasting free to air, ensuring universal transmission and
access and to provide legal guarantees for it through must-carry rules; stresses, in this connection, the
crucial role of public digital terrestrial television and the need to make this platform as attractive as possi-ble in the run-up to analogue switchover, through increasing capacity and improving coverage;C 135/184 EN 7.5.2001 Official Journal of the European Communities
Wednesday 6 September 2000
Other initiatives concerning the audiovisual sector and related sectors
24. Calls on the Commission and the Member States to take steps to safeguard the balanced develop-
ment of the digital audiovisual sector and the European music and digital broadcasting sectors;
25. Calls on the Commission to embark on a study of the socio-economic impact of radio in Europe,
focusing in particular on the role of local broadcasters, and to promote a move to the use of the DABstandard;
26. Calls on the Commission to propose further initiatives to develop cyber-cinema and to promote the
simultaneous distribution of European cinematographic works in the Member States, on the basis of the
experience acquired in connection with the MEDIA Training and MEDIA Plus programmes;
27. calls on the Commission to take steps to encourage additional financing for European cinema,
including the establishment of a guarantee fund; welcomes, in this connection, the call made at the Lisbon
Summit for the EIB to support European audiovisual production;
28. Calls on the Commission, the Council and the Member States, each within its own field of compe-
tence, to recognise and promote high-quality content, not least with tax measures;
29. Calls on the Commission to conduct a thorough examination of the advantages and possibilities of
enacting an appropriate tool, e.g. a film directive, in order to strengthen support mechanisms for the filmsector in the various Member States and to improve the way in which they are coordinated, with a view tocreating a genuine internal European market for films;
30. Agrees with the Commission that it is necessary to amend the legislation on advertising in connec-
tion with the innovation brought about by digitalisation, particularly with regard to interactivity;
31. Calls on the Commission and the Council to ensure that, in reforming the legislation on advertising,
the principle of demarcating between advertising and editorial content is safeguarded;
32. Calls on the Commission and the Council to promote the creation of and access to works, and also
the circulation thereof, in the digital environment, whilst at the same time ensuring that intellectual prop-erty rights are adequately protected by means of a strengthening of the directive on copyright and asso-
ciated rights in the information society; considers that this need has become even more apparent as a
result of the fact that the Internet, in its various forms, is one of the main new media for the disseminationof audiovisual works;
The international scene
33. Hopes that the Community, in developing audiovisual policy, will take account of the international
dimension in relation to globalisation, and of the local dimension in order to promote cultural diversity,
and will ensure that the scale of the broadcasting medium does not determine the type of content, to thedetriment of pluralism;
34. Calls on the Commission to ensure that, in international negotiations, the Community insists on the
distinction between regulating the medium and regulating content, so as to avoid the risk of audiovisualservices being included among those which follow the rules of the networks and/or electronic commerce;
35. Stresses the importance of the European dual system of broadcasting in which general public ser-
vice broadcasters, of which the public service remits are freely defined by Member States, can continue to
develop further in the information society and to coexist with commercial broadcasters, and reiterates thatthis European model has to be safeguarded in future WTO negotiations;
36. Calls on the Commission as a matter of urgency to create, by means of an appropriate audiovisual
policy, an environment which favours entrepreneurial talent and investment in order to secure a presencefor the audiovisual industry in the global economy, whilst promoting cultural diversity;7.5.2001 EN C 135/185 Official Journal of the European Communities
Wednesday 6 September 2000
37. Calls on the Council and the Commission to ensure that the Community and its Member States
retain the ability to determine and to transpose their policy in the cultural and audiovisual sector so asto guarantee cultural diversity;
*
**
38. Instructs its President to forward this resolution to the Council, the Commission and the govern-
ments and parliaments of the Member States.
12. Socio-economic background of Erasmus students
A5-0199/2000
European Parliament resolution on the report from the Commission bdash ‘Survey into the socio-eco-
nomic background of Erasmus students’ COM(2000) 4 bdash C5-0146/2000 bdash 2000/2089(COS))
The European Parliament,
/dash having regard to the Commission report (COM(2000) 4 /dash C5-0146/2000),
/dash having regard to Article 149 of the EC Treaty, which requires the Union to contribute to the devel-
opment of quality education by encouraging cooperation between Member States, while fully respect-ing the responsibility of the Member States for the content of teaching and the organisation of educa-tion systems and their cultural and linguistic diversity,
/dash having regard to Rule 47(1) of its Rules of Procedure,
/dash having regard to Decision No 253/2000/EC of the European Parliament and of the Council of 24 Jan-
uary 2000, establishing the second phase of the Community action programme in the field of educa-
tion ‘Socrates’(
1),
/dash having regard to its resolution of 25 January 1991 on the European dimension at university level,
with particular reference to teacher and student mobility(2),
/dash having regard to its resolution of 12 March 1997 on the Commission’s White Paper on Education and
Training /dash teaching and learning /dash towards the learning society(3),
/dash having regard to its resolution of 14 May 1997 on the Commission’s Green Paper ‘Education /dash Train-
ing /dash Research: the obstacles to trans-national mobility’(4),
/dash having regard to its resolution of 13 May 1998 on the Commission Communication to the Council,
European Parliament, Economic and Social Committee and the Committee of the Regions ‘Towards a
Europe of Knowledge’(5),
/dash having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and
the opinion of the Committee on Employment and Social Affairs (A5-0199/2000),
A. whereas the Erasmus programme aims to encourage student mobility by developing the European
dimension of education, in particular, by enabling students to undertake part of their studies in
another Member State,
(1) OJ L 28, 3.2.2000, p. 1.
(2) OJ C 48, 25.2.1991, p. 216.
(3) OJ C 115, 14.4.1997, p. 85.
(4) OJ C 167, 2.6.1997, p. 94.
(5) OJ C 167, 1.6.1998, p. 136.C 135/186 EN 7.5.2001 Official Journal of the European Communities
Wednesday 6 September 2000