WRITTEN QUESTION E-2864/99

by María Sornosa Martínez (PSE) to the Commission

(18 January 2000)

Subject: Infringement of the Television without frontiers Directive in Spain

The Spanish consumer association, the OCU, recently criticised the fact that, in the most recent Christmas advertising campaign, most Spanish television channels broadcast an average of 1 000 advertisements per day during the time slot given over to children's programmes. Moreover, 5 % of those advertisements failed to comply with existing legislation.

The rules introduced by the amended Television without frontiers Directive, which Member States were obliged to transpose by 30 December 1998 at the latest, included the following:

- television advertising and teleshopping should be readily recognisable from the remainder of programming;

- subliminal techniques and surreptitious teleshopping should be prohibited;

- advertising should not be inserted into current affairs, sports, documentary or other programmes unless they contained a natural break;

- transmission time devoted to advertising should not exceed 20 % of any given hour of programming; and

- advertisements should not contain material which discriminated on grounds of gender, race, etc.

The figures released by the OCU and the mere programming schedule of any Spanish channel confirm the apparent failure of Spanish television today to abide by any of the said rules.

In view of the aforementioned facts, is the Commission aware of the public criticism voiced by Spanish consumers?

Does it have figures enabling it to determine whether television channels in Spain are abiding by the rules in the Community Directive?

Does the Commission take the view that, since the Directive sets 31 December 2000 as the date on which it should submit its report on the application of the Directive in the Member States, it would be advisable to press ahead with the investigations into the state of play as regards enforcement of the relevant legislation?

Would the Commission be prepared to approach the Spanish authorities with a view to urging them to comply with Community legislation on broadcasting?

Answer given by Mrs Reding on behalf of the Commission

(22 February 2000)

Several complaints have been submitted to the Commission concerning the alleged failure of certain Member States to comply with Community advertising law. The Commission is currently assembling the data needed to determine to what extent the alleged irregularities constitute infringements on the part of the Member States concerned, with a view to taking the necessary corrective action.

In Spain, the problems notably concern the practices of certain broadcasters. An infringement procedure under Article 226 (ex-Article 169) of the EC Treaty has been mounted concerning Spain's failure to comply with the advertising rules enshrined in the Television without Frontiers Directive (Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(1), as amended by Directive 97/36/EC of the Parliament and Council of 30 June 1997(2)).

(1) OJ L 298, 17.10.1989.

(2) OJ L 202, 30.7.1997.