7. Calls on the Commission and the Council to treat small and large Member States equally when
assessing the enforcement of national stability programmes;
8. Takes the view that,for the future,it would be desirable for the ECB,the Commission and Ecofin to
agree on a common definition of ‘underlying budget balance’,in the context of establishing the stabilityprogrammes,as this could serve as an additional analytical tool and help to further increase discipline;
9. Urges finance ministers to improve monitoring of fiscal positions in the framework of preparing
Broad Economic Policy Guidelines in order to improve coordination of euro-zone policies and their appli-cation in the stability programmes;
10. Notes the outcome of the informal Ecofin meeting of 22/23 September 2001 as relayed by the
Belgian Presidency and awaits the formalising of decisions at the next regular meeting of the Ecofin Coun-cil on 16 October 2001;
11. Welcomes the coordinated move by the US Federal Reserve Bank and the European Central Bank to
lower interest rates after the attacks in the United States;
12. Approves the commitment given by the Ecofin ministers,the President of the ECB and the Com-
mission to adopt rapidly the proposal for a directive on the prevention of the use of the financial systemfor the purpose of money laundering and the framework decision on the execution of orders freezingassets or evidence,with its scope extended to include terrorist-related crimes;
13. Wishes the EU to set up a special task force,composed of specialists from all the Member States
and candidate countries,which should present a catalogue of urgent measures to be taken in the differentEuropean countries in order effectively to dry up the financial resources of international terrorism on thiscontinent;
14. Takes the view that stability in the monetary system needs to be increased and notes that Chile has
been successful in this respect by requiring non-interest bearing deposits to match foreign capital on entryin order to promote longer maturities of external obligations; furthermore,calls for more transparency inthe international financial system and for a tightening of the Basel rules;
15. Instructs its President to forward this resolution to the Council,the Commission,the European
Central Bank and the governments and parliaments of the Member States.
6. Television without frontiers
A5-0286/2001
European Parliament resolution on the third report of the Commission to the Council, the Euro-
pean Parliament and the Economic and Social Committee on the application of Directive 89/552/
EEC ‘Television without Frontiers’ (COM(2001)9 bdash C5-0190/2001 bdash 2001/2086 (COS))
The European Parliament,
2dash having regard to the report from the Commission (COM(2001) 9 2dash C5-0190/2001),2dash having regard to Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997
amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law,
regulation or administrative action in Member States concerning the pursuit of television broadcastingactivities (‘Television without Frontiers’) (
1),
2dash having regard to the fourth communication from the Commission on the application of Articles 4 and
5 of Directive 89/552/EEC ‘Television without Frontiers’ for the period 1997/1998 (COM(2000) 442),
(1) OJ L 202,30.7.1997,p. 60.11.4.2002 EN C 87 E/221 Official Journal of the European Communities
Thursday 4 October 2001
2dash having regard to its resolution of 6 September 2000 on the Communication from the Commission to
the Council,the European Parliament,the Economic and Social Committee and the Committee of theRegions,‘Principles and guidelines for the Community’s audiovisual policy in the digital age’(COM(1999) 657 2dash C5-0144/2000 2dash 2000/2087(COS)) (
1),
2dash having regard to its resolution of 5 October 2000 on the Commission communication ‘Study on
Parental Control of Television Broadcasting’ (COM(1999) 371 2dash C5-0324/1999 2dash 1999/2210(COS)) (
2),
2dash having regard to the report of the Committee on Culture,Youth,Education,the Media and Sport and
the opinions of the Committee on Environment,Public Health and Consumer Policy and the Com-
mittee on Legal Affairs and the Internal Market (A5-0286/2001),
A. whereas the audiovisual sector is not only of fundamental importance for democracy,freedom of
expression and cultural pluralism,but also,due to its impact on employment and to technologicalinnovation in this field,represents a key sector from the point of view of the economy and jobs in theEuropean Union and for the functioning of the single market;
B. whereas European rules on the audiovisual sector take no account of worldwide broadcasting systems
such as the Internet,nor do they provide for the possibility of the same or similar content being
broadcast by different technological platforms;
C. whereas the rules governing the audiovisual sector in the digital age must take account of synergies
and interaction between conventional television and the new systems for picture and sound transmis-sion,and whereas,therefore,a suitably open and flexible approach continues to be necessary,con-sistent with wide choice,and public availability;
D. whereas digital television has a range of advantages 2dash including better-quality television service and
signals (digital signals),increased capacity for supply and choice of services and programmes as aresult of its greater broadcasting capacity and greater choice and availability of new product andservice packages 2dash and is an extremely useful means of promoting the Internet in homes;
E. whereas,despite the rapid pace at which the digital revolution is proceeding,it is likely that conven-
tional television will continue for some time to be the most important audiovisual transmissionmedium for a large proportion of households in Europe;
F. whereas the importance and impact of the audiovisual sector on the European cultural landscape is
strongly affected by the ownership of media and its concentration within a few large corporations;
G. whereas,in the Commission’s judgment,the ‘Television without Frontiers’ directive is generally being
applied satisfactorily and the audiovisual sector as well as citizens have benefited from the adoption ofthe directive into the legal system of the European Union,the free movement of television broadcast-ing services within the Community having essentially been ensured;
H. whereas the ‘Television without Frontiers’ directive should be reviewed as a matter of urgency;
I. whereas,in addition to technological developments,the televisual media are witnessing developments
in the content of programmes such as ‘reality’ shows which are on occasion humiliating to theirparticipants and which usually dominate the prime-time television schedules;
J. whereas implementing the articles of the ‘Television without Frontiers’ directive which relate to adver-
tising controls is highly problematic in some countries such as Greece,Spain and Italy and whereas,despite the opening of infringement procedures,the situation is getting worse in those countries,which are now failing to comply with other aspects of the legislation as well;
(1) OJ C 135,7.5.2001,p. 181.
(2) OJ C 178,22.6.2001,p. 279.C 87 E/222 EN 11.4.2002 Official Journal of the European Communities
Thursday 4 October 2001
K. whereas in connection with the advent of digital television,the Commission’s fourth communication
to the Council and the European Parliament on the implementation of Articles 4 and 5 of the‘Television without Frontiers’ directive refers to difficulties encountered in monitoring compliancewith quotas by channels in the Member States,particularly in the cases listed below:
2dash specialist channels (channels devoted to very specific content may fail to meet the quota for
European works),
2dash video-on-demand (where the same schedule is broadcast 20 times back-to-back),2dash new channels,2dash music channels (difficulty in determining the origin of a music video),2dash film channels (which focus on high-budget,predominantly American films),2dash subsidiaries of companies from third countries,2dash a range of programmes available on screen simultaneously;
L. whereas application of the rules laid down in the ‘Television without Frontiers’ directive is the respon-
sibility of the competent national authorities for the audiovisual sector,and whereas the dialoguebetween Community bodies and national institutions provided for in the directive has provedextremely helpful and effective;
M. whereas the dialogue with the Council of Europe and other competent international bodies in the field
is also helping promote and extend exchanges and discussion on rules in the audiovisual sector at theEurope-wide level;
N. whereas the fourth communication from the Commission referred to,which was drawn up in order to
comply with a formal requirement laid down in the directive,is confined to examining the way inwhich the ‘Television without Frontiers’ directive was applied in general during the period from 1997to 1998,which is expressly described as a ‘period of transition’;
O. whereas the Commission proposes renewed consultation on,and a review of,the ‘Television without
Frontiers’ directive,and intends to submit an appropriate proposal not later than by the end of 2002,with consultation and hearings in preparation for this to be held at the start of 2002;
P. whereas in the five years since the directive was last amended,the climate in which the television
industry operates has changed dramatically (new services using new technologies,an increase in thevolume of business and advertising,a huge increase in the number of broadcasters,etc.);
Q. whereas the Commission has already carried out intensive preliminary work ahead of such consul-
tation,and in 2001 has commissioned three major studies on new advertising techniques,support forEuropean works and technological and market developments in the audiovisual sector;
R. whereas differences in technical standards for digital television transmission creates barriers;S. whereas these comprehensive studies carried out at an early stage form the basis for fully involving
interested sections of the public,through a transparent,pertinent dialogue,in the preliminary work inconnection with the review of the ‘Television without Frontiers’ directive;
T. whereas these studies will for the first time give a comprehensive overview of national provisions
within the Community on the protection of minors with regard to the audiovisual sector,
1. Calls on the Commission,the Council and the Member States to take account of the following points:
(a) Welcomes the Commission’s generally careful assessment of the way in which the ‘Television without
Frontiers’ directive,which constitutes the legal basis for the development of the European audiovisualsector,is currently being applied;11.4.2002 EN C 87 E/223 Official Journal of the European Communities
Thursday 4 October 2001
(b) Regrets that the remit of this report as specified in the directive,did not allow the Commission to look
beyond the mere application of the directive and also give an albeit interim assessment of the achiev-ement of the underlying policy objectives;
(c) Regrets the lack of analytical conclusions in some parts of the report,for example the common place
description of vertical and horizontal integration in the audio-visual sector without a summarisingassessment of the overall level of concentration and its implications;
(d) Notes the information given by the Commission concerning the implementation of Article 3a on
events of major importance for society,the implementation of Articles 4 and 5 and the rules onadvertising laid down in Articles 10 to 20 and the provisions on the protection of minors and parentalcontrol laid down in Articles 22 to 22b of the ‘Television without Frontiers’ directive;
(e) Regrets that the Commission has only included scant and long-available information on the candidate
countries’ efforts to implement the acquis in the audio-visual field,and that it has not dwelt on the
need for their stepping up of these efforts;
(f) Welcomes the positive impact of the protection of major national events,so they can be watched by
all,irrespective of their social group,and calls for the extension of the safeguard to other events ofparticular interest to European audiences to be examined;
(g) Desires that all Member States and countries applying for accession step up their efforts as regards the
process of adjustment in connection with applying the ‘Television without Frontiers’ directive,and atthe same time prepare for the new operational phase of the directive due to take place after 2002;
(h) Supports the Commission in its intention to submit proposals concerning a formal review of the
‘Television without Frontiers’ directive; calls however for the target date (end of 2002) to be broughtforward as much as possible;
(i) Stresses the urgent need to amend the ‘Television without Frontiers’ directive in tandem with revision
of the 1999 communications and the electronic commerce directive,in order to ensure a consistentapproach towards all communications services,promote the competitivity of the European audiovisualmarket in the new environment and create quality products and interactive services;
(j) Considers that,to that end,a structured,effective dialogue with the audiovisual sector,national insti-
tutions,broadcasters and users continues to be essential;
(k) Notes with concern the continuing imbalance between material produced in Europe and that imported
from the United States for the European Market;
(l) Welcomes the wide preliminary work conducted by the Commission in connection with the public
dialogue on the results of the application of the directive in all the Member States;
(m) Welcomes,in particular,the fact that the Commission has commissioned three major studies on new
advertising techniques,promoting European works and technological and commercial developmentsin the audiovisual sector;
(n) Considers therefore that,in conjunction with the Commission’s planned review of the ‘Television
without Frontiers’ directive,a comprehensive analysis should also be made of the outcome of Arti-cle 3a concerning Member States’ right to take national measures to exploit TV rights for events ofparticular importance to the community;
(o) Awaits with interest the results of the studies,and welcomes the fact that the Commission is inviting
discussion of these studies via a series of workshops as part of a transparent,informed,Community-
wide dialogue;
(p) Hopes that the results of these studies and the informed dialogue in this area will not only be helpful
for the review of the ‘Television without Frontiers’ directive,but will also serve as a model for intro-ducing for the whole of the audiovisual sector a transparent procedure for analysing the effectivenessof national and Community legal bases;
(q) Considers premature,therefore,to anticipate the results of the debate on the future system for the
audiovisual sector,but emphasises the importance of a large debate in the view of adopting a con-sistent,united position as regards balancing safeguarding European cultural diversity and the demandsof the global market;C 87 E/224 EN 11.4.2002 Official Journal of the European Communities
Thursday 4 October 2001
(r) Recalls the importance of conformity with the directive as an element in the accession negotiations
with the candidate countries,so that it shall have universal application in an enlarged EuropeanUnion;
(s) Welcomes the continuing cooperation with the European Platform of Regulation Authorities (EPRA)
and the Council of Europe;
(t) Regards the Commission’s approach to the protection of minors,emphasising the powers of the
Member States,as the right one,and welcomes the presentation of the study undertaken at the requestof the Commission on the impact of television advertising and teleshopping on minors in all Member
States (99/139-102855);
(u) Calls,on that basis,on the Member States to step up the dialogue and cooperation with regard to the
protection of minors in order to find common solutions and,as far as possible,to make the currentcomplex system of rules and practices in the European audiovisual field less heterogeneous whilstmaintaining Member States’ independence with regard to national restrictions on protection ofchildren;
(v) Considers it necessary,in anticipation of the review of the ‘Television without Frontiers’ directive,that
the Member States and the Commission should uphold within the various international bodies theprinciple of the special cultural and democratic importance of the audiovisual sector,having regardto the growth in worldwide trade and technological progress; and should conduct a study to ascertainthe extent and implications of vertical and horizontal integration of the media that already existswithin Europe;
(w) Considers,therefore,that in reviewing the ‘Television without Frontiers’ directive,its scope should be
broadened to cover the new audiovisual services;
(x) Calls on the Commission to take into account in its review of the new developments in the sector,
such as:
2dash webcasting on the Internet;
2dash video streaming;
2dash decoders/Internet protocols (MHP);2dash electronic programme guides (EPG);2dash interfaces (API);
2dash intellectual property (i.e. digital private copying and caching);
(y) Considers that the Commission,together with the Member States,should facilitate the transition to
digital technology both for audiovisual companies and individuals; this should be done by making it arequirement to have MHP-compatible technologies after a suitable transitional period and commoninterfaces for the different conditional access systems;
(z) Urges those Member States which have not yet done so to incorporate the amended ‘Television with-
out Frontiers’ directive into their national legislation;
(aa) Strongly recommends that the Commission proceed with its effective monitoring of compliance with
the directive so as to guarantee free transmission within the European Union,the broadcasting ofEuropean works and limits on advertising;
(bb) Believes that the protection of minors and public order cannot justify the need for national measures
restricting free transmission,provided that the Union’s common principles and values are not under-
mined;
(cc) Recommends that the Commission analyse in particular the alignment of legislation in the applicant
countries as regards the legislation on television without frontiers;
2. Instructs its President to forward this resolution to the Council,the Commission and the govern-
ments and parliaments of the Member States.11.4.2002 EN C 87 E/225 Official Journal of the European Communities
Thursday 4 October 2001