EN Official Journal of the European Union CE 70/68

(2004/C 70 E/071)

WRITTEN QUESTION E-1944/03

by Bart Staes (Verts/ALE) to the Commission

(13 June 2003)

Subject: Internal market in television advertising in conjunction with programmes for minors

Since 1 April 2003, the Dutch music channel TMF has been broadcasting Nickleodeon programmes aimed at children. Nickleodeon forms part of Viacom, the same group which also includes MTV and TMF. Worldwide, Nickleodeon programmes are distributed in no fewer than 150 countries. TMF is also distributed on cable in Flanders, where it transmits programmes and content specifically aimed at viewers in Flanders.

As this Flemish version of TMF has a licence issued in the Netherlands, it need not comply, inter alia, with Flemish rules on blocks of advertising in conjunction with children's programmes. Flemish legislation is more stringent than Article 11 (5) of Directive 97/36/EC (1). Article 82(6) of the relevant Flemish decree reads: ‘No advertising or teleshopping programmes may be transmitted in immediate conjunction with children's programmes’. For this purpose, in immediate conjunction ‘means within five minutes before or after a children's programme.’

This means that commercial stations with a Flemish licence which, like TMF, address the whole Flemish market are on the contrary required to comply with these stricter rules.

The Flemish Media Minister has already stated on several occasions that this matter can only be regulated at European level.

Does the Commission consider that stations with Flemish broadcasting licences are being subjected to unfair competition from other stations which nonetheless are likewise specifically targeting the Flemish market?

If not, why not?

If so, can the Flemish authorities independently take measures to put an end to this manifestly unfair competition, and what can and will the Commission do in the near future to put an end to this form of unfair competition?

Answer given by Mrs Reding on behalf of the Commission

(17 July 2003)

Under Council Directive 89/552/EEC of 3 October 1989 (2), as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 (Television Without Frontiers Directive), each Member State must ensure that broadcasts from television broadcasters under its jurisdiction comply with the law applicable to broadcasts intended for the public in that Member State, and must ensure freedom of reception on its territory of television broadcasts from other Member States.

In order to avoid distortions, the Television Without Frontiers Directive contains rules which coordinate national laws with a view to ensuring that a number of values and objectives of general public interest are fulfilled in all Member States, such as consumer protection, protection of public health and of the integrity of works.

The protection of minors is one of the areas coordinated by the Directive, Article 11(5) of which provides that children's programmes with a scheduled duration of less than 30 minutes must not be interrupted by advertisements or teleshopping spots. While these provisions ensure an adequate level of protection at Community level, stricter provisions may be adopted at national level, such as the rules adopted by the government of the Flemish Region. However, these rules may not be extended to programmes from broadcasters under the jurisdiction of another Member State. Accordingly, the government of the Flemish Region cannot take measures to block the reception or retransmission of the broadcasts in question on the grounds that they do not comply with the provisions of its law.

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

(2) 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, OJ L 298, 17.10.1989.