RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE COORDINATION OF CERTAIN PROVISIONS LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES CONCERNING THE PURSUIT OF TELEVISION BROADCASTING ACTIVITIES
Date: 1989-05-26
Institutions: European Commission
Subjects: advertising, approximation of laws, audiovisual co-production, child protection, freedom to provide services, right of establishment

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM  (89)  247 

f i n al  -  SYN  52 

Brussels,  26  May  1989 

Re-examined  proposal  for  a 

COUNCIL  DIRECTIVE 

ON  THE  OOOPDINATICN  OF  CERTAIN  PROVISIONS  UJD  DOWN  BÏ 

LAW,  REGULATION  OR  ADMINISTRATIVE  ACTION  IN  MEMBER  STATES 

CONCERNING  THE  PURSUIT  OF  TELEVISION  BROADCASTING  ACTIVITIES 

(presented  by  the  Commission  pu rsuant  to  A r t i c le  149  2,  d,  of  the  EEC  Treaty) 

RE-EXAMINED PROPOSAL KB A COUNCIL DIRECTIVE 

ON THE OOQRDINATICN OF CERTAIN PROVISIONS IAID DOWN BY 

LAW, REGULATION OR AIWINISTRATIVE ACTION IN MEMBER STATES 

CONCERNING THE PURSUIT OF TELEVISION BROADCASTING ACTIVITIES 

F^plamtOTY  nonorajiliiin 

1.  On 30 April 1986 the Commission presented to the Council a proposal for 

a Directive on "television without frontiers".1 

2.  The Economic and Social Committee delivered its opinion2 on the 

proposal on 1 July 1987 and Parliament delivered its opinion at its 
sitting on 20 January 1988.3 

3.  An amended proposal was drawn up to take account, as far as possible, 
of the opinions delivered by these two institutions.4  The Commission 

was able to accept practically all the amendments proposed by 

Parliament. 

4.  On 13 April 1989 the Council adopted the common position,5! on which 
it delivered its reasoned opinion6 and on which the Commission 
commented.7 

5.  Parliament carried out its second reading of the proposal on 

24 May 1989 under the cooperation procedure and voted in favour of 16 

amendments. ® 

1  0CM(86)146 final/2, OJ No C 179, 17.7.1986, p.4. 

2  OJ No C 232, 31.8.1987, p.29. 

3  OJ NO C 49, 20.1.1988, p.53. 

4  C0M(88)154 final, OJ No C 110, 27.4.1988. 

5  Council documents 5858/89 Of 10.4.1989 and 5858/89 COR of 13.4.1989. 

6  Council document 5858/89 Add 1 of 13.4.1989. 

7  SEC(89)595 final - SYN 52, 14.4.1989. 
8  ... 

- 2 -

6.  This re-examined proposal for a Direotive incorporates, in accordance 

with Article 149(2)(d) of the EEC Treaty, amendments relating to the 
recitals, the proportion of transmission time reserved for European 
works, the proportion of transmission time reserved for Independent 
productions,advertising breaks, the amount of advertising and the 
scope of the Directive. 

(a) As requested by Parliament, the 16th recital stipulates that Member 
States must ensure the prevention of any acts which may prove 
detrimental to freedom of movement and trade in broadcasts or which may 
promote the creation of. dominant positions which would lead to 
restrictions on pluralism and freedom of televised information and of 
the information sector as a whole. 

(b) In order to take account of technical developments, Article 2(3) has 
been amended to ensure that the Directive also applies to television 
broadcasts which, while intended exclusively for reception in 
non^ommunity countries, may nevertheless be received directly or 
indirectly in one or more Member States. 

(c) As requested by Parliament, the wording of Article 4 has been aligned, 
in all the language versions, on the Community law terminology in the 
EEC Treaty. 

(d) The first sentence of the third subparagraph of Article 4(3) has been 

amended to ensure that the reports drawn up by the Member States on the 
application of the proportions laid down are also brought to 
Parliament's notice. 

(e) Article 5 has been amended in two respects.  Firstly, it now provides 

an additional stimulus to real investment in the independent production 
sector by supplementing the 10% proportion of transmission time 
earmarked for European works created by independent producers, 
excluding the time allocated to news, sports events, games, advertising 
and teletext services, by an alternative proportion of at least 10% of 
the programming budget. 

Secondly, and with a similar aim in view, it is stipulated  ihat, in 
order for the proportion envisaged to be reached, adequate account 
should be taken of recent works, i.e. those broadcast within a 
relatively short time after being produced.  A relatively short time is 
deemed to be one which does not exceed five years. 

(f ) The new version of Article 11(1) introduces criteria of. a general 

nature alongside those already contained in paragraph 1 or the common 
position without, however, affecting the detailed conditions governing 
the insertion of advertising during television broadcasts, which are 
contained in paragraphs 2 to 5.  The overall balance of the Article has 
thus not been undermined, and the ability of Community  television 
broadcasters to compete with those from nonHcaernber European countries 
has been safeguarded. 

(g) The aim of the amendments made to paragraphs 3 and 5 of. Article 11 is 

to give legal expression to Parliament's and the Council's wish that 
the periods provided for in the two paragraphs should be calculated on 
the basis of the scheduled duration of programmes. 

(h) By adding the words "notwithstanding the provisions of paragraph 1" to 
the beginning of paragraph 3 of Article 18, it has been made clear that 
the limit of one hour per day for the broadcasting of direct offers to 
the public for the sale, purchase or rental of products or for the 
provision of services applies cumulatively to the general provision in 
paragraph 1 of that Article, which limits to 20% of transmission time 
the entire advertising content of television programmes, including such 
forms of advertisements. 

(i) The Commission has not incorporated a number of other major amendments 

requested by Parliament.  While these were in keeping with the spirit 
of the Directive, they would have reintroduced constraints which would 
have jeopardized the rapid adoption of the Directive, whereas the 
current state of the European audio-visual industry and the rapid 
development of broadcasting and reception technologies necessitates the 
urgent adoption of measures, whether from the point of view of the free 
movement of programmes or of a policy for encouraging creativity, 
production and distribution.  The system for monitoring 

- 4 -

application of the Directive will enable the Community to evaluate the 
progress made and to make any amendments to the Directive that may 
prove necessary. 

Re-examined proposal for a Council Directive 

on the coordination of certain provisions laid dowr. 
by law, regulation or administrative action 
in Member States concerning the pursuit of 
television broadcasting activities 

5T 

COMMON POSITION 

RE-EXAMINED PROPOSAL 

Whereas it is essential for the 
satisfactory implementation of this 
Directive to ensure the prevention 
of any acts which may prove 
detrimental to freedom of movement 
and trade in broadcasts or which may 
promote the creation of dominant 
positions which would lead to 
restrictions on pluralism and 
freedom of televised information and 
of the information sector as a 
whole; 

Whereas it is essential for 
Member States to ensure the 
prevention of any acts which may 
prove detrimental to freedom of 
movement and trade in television 
broadcasts or which may promote the 
creation of dominant positions which 
would lead to restrictions on 
plural ism and freedom of televised 
information and of the information 
sector as a whole; 

The remaining recitals, 
Article 1 and Article 2(1) and (2) unchanged 

Article 2(3) 

Article 2(5) 

3. This Directive shall not apply to 
broadcasts intended exclusively for 
reception in States other than 
Member States. 

3. This Directive shall not apply to 
broadcasts intended exclusively for 
States other than Member States which 
are not received directly or 
indirectly in one or more 
Member States. 

Article 3 unchanged 

OCMMON POSITION 

Article 4(1) 

- 2 -

RE-EXAMINED PROPOSAL 

Article 4(1) 

1. The Member States shall ensure, 
where practicable and by appropriate 
means, that broadcasters reserve for 
European works, within the meaning 
of Article 6, a majority proportion 
of their transmission time, 
excluding the time appointed to 
news, sports events, games, 
advertising and teletext services. 
This proportion, having regard to 
the broadcaster's informational, 
educational, cultural and 
entertainment responsibilities to 
its viewing public, should be 
achieved progressively, on the basis 
of suitable criteria. 

1. The Member States shall ensure, 
where practicable and by appropriate 
means, that broadcasters reserve for 
European works, within the meaning of. 
Article 6, a majority proportion of 
their transmission time, excluding 
the time allocated to news, sports 
events, games, advertising and 
teletext services.  This proportion, 
having regard to the broadcaster's 
informational, educational, cultural 
and entertainment responsibilities to 
its viewing public, should be 
achieved progressively, on the basis 
of suitable criteria. 

Paragraph 2 unchanged 

First senteiTPft of third FmriflXftgraph 
of Article 4(g) 

First sentence of third 
of Article 4(g) 

The Commission shall inform the 
other Member States of the reports, 
which shall be accompanied, where 
appropriate, by an opinion. 

The Commission shall inform the other 
Member States and the European 
Parliament of the reports, which 
shall be accompanied, where 
appropriate, by an opinion. 

The rest of paragraph 3 and paragraph 4 unchanged 

OGMMÛN  POSITION 

Article 5 

-  3 

RE-EXAMINED PROPOSAL 

Article 5 

4 

The Member States shall ensure, 
where practicable and by appropriate 
means, tjjat broadcasters reserve at 
least 10% of their transmission 
time, excluding the time appointed 
to news, sports events, games, 
advertising and teletext services, 
for European works created by 
producers who are Independent of 
broadcasters.  This proportion, 
having regard to the broadcasters' 
informational, educational, cultural 
and entertainment responsibilities 
to their viewing public, should be 
achieved progressively, on the basis 
of suitable criteria. 

The Member States shall ensure, wLare 
practicable and by appropriate &eaas, 
that broadcasters reserve at least 
10% of their transmission time, 
excluding the time allocated to news, 
sports events, games, advertising and 
teletext services, or, alternatively, 
at least 10% of their mo^amming 
budget for European works created by 
producers who are independent of 
broadcasters.  This proportion, 
having regard to the broadcasters' 
informational, educational, cultural 
and entertainment responsibilities to 
their viewing public, should be 
achieved progressively, on the basis 
of suitable criteria; it should  be 
reached by allocating  an adequate 
proportion to recent works, i.e. 
those produced a relatively short 
time before they are transmitted.  A 
period of not more than five years 
shall be considered to be a 
relatively short time. 

Articles 6, 7, 8, 9 and 10 unchanged 

COMMON POSITION 

Article 11(1) 

4  -

RE-EXAMINED PROPOSAL 

Article lid) 

? 

1. Advertisements shall be inserted 
between programmes-  Provided the 
conditions contained in paragraphs 2 
to 5 of this Article are fulfilled, 
advertisements may also be Inserted 
during programmes in such a way that 
the integrity and value of the 
programme and the rights of. the 
rights holders are not prejudiced. 

1. Advertisements shall be inserted 
between programmes.  Provided the 
conditions contained in paragraphs 2 
to 5 of this Article are fulfilled, 
advertisements may also be inserted 
during programmes in such a way that 
the integrity and value of the 
programme are not prejudiced i,n 
particular because the advertising 
coïncides with a natural break in the 
programme and the duration and nature 
of the programme are such as to 
permit that advertising break, and in 
such a form that the rights of the 
rights holders are not prejudiced. 

Article 11(2) unchanged 

3. The transmission of audiovisual 
works such as feature films and 
films made for television  (excluding 
series, serials, light entertainment 
programmes and documentaries), 
provided their duration is more than 
45 minutes, may be interrupted once 
for each complete period of. 
45 minutes.  A further interruption 
is allowed if their duration is at 
least 20 minutes longer than two or 
more complete periods of 45 minutes. 

3. The transmission of audiovisual 
works such as feature films and films 
made for television (excluding 
series, serials, light entertainment 
programmes and documentaries), 
provided their scheduled duration is 
more than 45 minutes, may be 
interrupted once for each complete 
period of 45 minutes.  A further 
interruption is allowed if their 
scheduled duration is at least 
20 minutes longer than two or more 
complete periods of 45 minutes. 

Paragraph 4 unchanged 

- 5 

S 

OCMMCN POSITICN 

RE-EXAMINED PROPOSAL 

5. Advertisements shall not be 
inserted in any broadcast of a 
religious service.  News and current 
affairs programmes, documentaries, 
religious,,programmes, and children's 
programmes; when they are of less 
than 30 minutes' duration, shall not 
be interrupted by advertisements. 
If they last for 30 minutes or 
longer, the provisions of the 
previous paragraphs shall apply. 

5. Advertisements shall not l>e 
inserted in any broadcast of a 
religious service.  News and current 
affairs programmes, dccumentari^s, 
religious programmes ard children's 
programmes, when they are of less 
than 30 minutes' scheduled duration, 
shall not be interrupted by 
advertisements.  If they are 
scheduled to last for 30 minutes or 
longer, the provisions of the 
previous paragraphs shall apply. 

Articles 12, 13, 14, 15, 16, 17 and 18(1) and (2) unchanged 

Article ia(3) 

Article 18(g) 

3. Forms of. advertisements such as 
direct offers to the public for the 
sale, purchase or rental of. products 
or for the provision of services 
shall not exceed one hour per day. 

3. Notwithstanding the provisions  of 
paragraph 1, forms of. advertisements 
such as direct offers to the public 
for the sale, purchase or rental of 
products or for the provision of 
services shall not exceed one hour 
per day. 

Articles 19, 20, 21, 22, 23, 24, 25, 26 and 27 unchanged 

Commission of the  European  Communities 

COM(89)  247  final 

Re-examined  proposal for  a 

COUNCIL  DIRECTIVE 

on the coordination of  certain provisions laid down by law,  regulation or 
administrative  action in Member  States  concerning the  pursuit of televi 
sion broadcasting  activities 

(presented  by the  Commission  pursuant  to  Article  149{2)(d) of  the  EEC 
Treaty 

26.5.1989 

Office for  Official  Publications  of the  European  Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 -  10 pp. -  Format:  21.0 x 29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-50067-0 

Catalogue number:  CB-C0-39-210-EN-C 

COM(89)  247  final 

ISSN 0254-1475 

DOCUMENTS 

Re-examined  proposal for  a 

COUNCIL  DIRECTIVE 

on the  coordination  of  certain  provisions  laid 
down  by law,  regulation  or  administrative  action 
in Member  States  concerning the  pursuit  of 
television  broadcasting  activities 

(presented  by the  Commission  pursuant  to 
Article  149(2)(d) of  the  EEC Treaty 

06 

17 

Catalogue number:  CB-CO-89-210-EN-C 

ISBN  92-77-50067-0 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

26.5.1989