WRITTEN QUESTION E-2548/00

by María Sornosa Martínez (PSE) to the Commission

(28 July 2000)

Subject: Failure by Spain to comply with Article 12(5) of the Television without frontiers Directive (advertising during children's programmes)

Article 12(5) of Directive 97/36/EC(1) (amending Directive 89/552/EEC(2)), better known as the Television without frontiers Directive, stipulates that children's programmes, when their scheduled duration is less than thirty minutes, shall not be interrupted by advertising or by teleshopping. Nevertheless, as was pointed out in Written Question E-2864/99(3), Spanish television stations are broadcasting more than the permitted number of advertisements during the time slot for children's programmes, while 5 % of those advertisements fail to comply with existing legislation. In response to this and other complaints by consumers' associations, the Commission has opened infringement proceedings against Spain for failure to comply with the provisions on advertising laid down in the Television without frontiers Directive.

The Advertising Education Forum (AEF), the operational arm of the World Federation of Advertisers, recently expressed concern at the possible tightening of Community legislation on advertising during children's programmes and said it would oppose any moves in that direction by the forthcoming Swedish Presidency of the EU. Since 1991 there has been a law in Sweden prohibiting advertising before, during and after children's programmes, while countries such as Austria and Belgium have banned advertising from children's programmes for some time, and Greece has outlawed television advertising of toys.

Is the Commission examining whether Spanish broadcasting companies are complying with Community rules on advertising, particularly Article 12(5) of the Television without frontiers Directive?

With reference to that Directive's avowed aim of protecting minors, will the Commission propose that the banning and restricting of advertising during children's programmes be extended, drawing on the successful experiences of countries such as Sweden, Belgium, Austria and Greece?

What progress has been made with the infringement proceedings brought against Spain for failure to comply with Directive 97/36/EC?

(1) OJ L 202, 30.7.1997, p. 60.

(2) OJ L 298, 17.10.1989, p. 23.

(3) OJ C 225 E, 8.8.2000, p. 213.

Answer given by Mrs Reding on behalf of the Commission

(9 October 2000)

As already indicated in the reply to the Honourable Member's Written Question E-2864/99(1), infringement proceedings in accordance with Article 226 (ex Article 169) of the EC Treaty have been brought against Spain for its failure to comply with the rules on advertising set out 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, as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997).

Moreover, a study is currently being carried out on the impact of television advertising and teleshopping on minors. On the basis of the results of this study and other factors, the Commission will propose the most appropriate measures where necessary.

(1) OJ C 225 E, 8.8.2000.