OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 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 broadcasting activities
Date: 1996-12-04
Institutions: European Commission
Subjects: approximation of laws, audiovisual communications policy, broadcasting, free movement of programmes, television

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  04.12.1996 
COM(96) 626 final 

95/0074 (COD) 

OPINION  OF  THE  COMMISSION 
pursuant  to  Article  189 b  (2)  (d)  of  the EC  Treaty, 
on  the European  Parliament's  amendments 
to the  Council's  common  position  regarding  the 

proposal  for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

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  broadcasting  activities 

AMENDING  THE  PROPOSAL  OF  THE  COMMISSION 
pursuant  to  Article  189 a (2)  of the  EC  Treaty 

EXPLANATORY  MEMORANDUM 

L 

The 19R9 Directive1 

The  1989  Directive  was  adopted  in  order  to create  the  legal  reference  framework  needed  at 
Community  level  to  ensure  the  free  movement  of  television  broadcasts.  This  is  achieved 
through  the  coordination  of  national  rules  in  the  fields  where  the  disparities  between  them 
were  -  or  are  potentially  -  such  as  to  create  legal  barriers  to  free  circulation.  The  fields 
concerned  are  respectively  jurisdiction,  the  promotion  of  distribution  and  production  of 
television programmes, advertising and sponsorship, the protection of minors and the right of 
reply.  Member  States may not restrict the reception or the retransmission  of broadcasts  from 
other  Member  States  for  reasons  which  fall  within  the  coordinated  fields.  A  Member  State 
may only lay down more detailed or stricter rules in these fields  as regards broadcasters under 
its  own  jurisdiction.  The  main  objective  of  the  Directive  is  to  achieve  free  circulation. 
Because  it  uses the  method  of the  coordination  of national  rules  where  necessary  to  achieve 
this  primary  objective,  the  Directive  also  espouses  the  objectives  of  those  national  rules.  It 
is  the  cornerstone  of  the  "European  audiovisual  space"  and  has been,  or  is  in the  process  of 
being  supplemented  by  complementary  legal  measures  (in  particular  the  cable  and  satellite 
copyright  Directive2). 

Z 

The History  of  the Proposal for  a Directive  amending the 1989  Directive 

Article 26 of the  1989 Directive requires the Commission to present a report on its application 
five years after  adoption, accompanied if appropriate by proposals to adapt it to  developments 
in  the  field  of  television  broadcasting.  The  Commission's  services  carried  out  an  extensive 
consultation  process  in  1994.  The  Commission  presented  to  Parliament  and  Council  a 
Communication  including  the application  report, the introductory  statement  and the  proposal 
for  a Directive  amending  the  1989 Directive  on 31 May  19953.  The purpose  of the  proposal 
is to adapt and clarify  certain provisions of the  1989 text in the light of the experience  gained 
in  its  implementation  and  of  developments  in  the  sector.  The  current  Directive  remains  in 
force  until  amended  (the  next  report  on  application  is due  at  the  beginning  of  1997). 

The  Economic  and  Social  Committee  adopted  its  opinion  on  13  September  1995  (CES 
972/95). 

On  14 February  1996  Parliament  adopted  a legislative  resolution4  in  the  first  reading  under 
the  co-decision  procedure  (Art. 189  (b)  EC  Treaty)  approving  the  Commission's  proposal 

2 

3 

4 

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  L298  p.  23  17.10.1989) 

Council  Directive  93/83/EEC  (OJ  L248, p.  15, 06.10.1993). 

See  also  the  recent  "Green  Paper  on  the  legal  protection  of  encrypted  signals"  COM(96)76 

OJ  C185, p. 4,  19.07.1995 

OJ  C065,  p.61,  04.03.1996 

e 

subject  to  the  amendments  it  had  made. 

The  Commission  accordingly  adopted  an  amended  proposal  incorporating  inter  alia  those 
parliamentary  amendments  it  had  accepted  in  Plenary5. 

The Council  adopted  its Common Position on 8.07.1996.  This was transmitted to  Parliament 
at the same time as the Commission's Communication on the Common Position in accordance 
with  the  second  sub-paragraph  of  Article  189b(2) of the  EC  Treaty6. 

The  Parliament  adopted  on  12.11.1996  a  decision  amending  the  Common  Position  "with  a 
view  to  the  adoption  of  a  European  Parliament  and  Council  Directive  amending  Council 
Directive  89/552/EEC"7. 

it 

The Commissions  Opinion 

The Commission  is required  at this stage to deliver an Opinion pursuant to Article  189b(2)(d) 
of  the  EC  Treaty.  This  is  the  purpose  of  the  present  document,  which  constitutes  a  new 
amended proposal, based  on the Common Position (accepted by the Commission), and which 
incorporates  those  amendments  adopted  by  Parliament  on  which  the  Commission  has  a 
positive  opinion  (presented  in  the  right  hand  column  in  the  following  pages).  Certain 
amendments  have  been  re-drafted  and/or  re-numbered  where  the  Commission  considers  this 
necessary.  The reasons  for the Commission's position are explained  in the comments  section 
below  each  amendment. 

4j_ 

Conclusion 

The Commission hereby submits to the European Parliament and Council its Opinion pursuant 
to Article  189b(2)(d) of the  EC  Treaty  constituting  its amended  proposal  pursuant  to  Article 
189a(2)  of  the  EC  Treaty. 

COM(96)200  final  of  07.05.1996 
OJC222,  p.10,  30.07.1996 

6  SEC(96)1292  final,  11.07.1996 

7  EP  253.831 

3 

Amended  proposal  for a 

EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

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  broadcasting  activities 

(presented  by  the  Commission  pursuant  to  Article  189  a (2) 
of  the  EC-Treaty) 

LI 

Amendment  1 
Recital  5a  (new) 

Common  Position  of  the  Council 

Amended  Proposal 

(5a) Whereas the Commission has submitted 
a  Green  Paper  on  Protection  of  Minors  and 
of  Human  Dignity  in  new  audiovisual  and 
information  services  and  has  undertaken  to 
focusing  on 
submit 
developing 
the  cultural  aspects  of  new 
services; 

a  Green  Paper 

Comment  : the wording  has been adapted to take account of the adoption  by the  Commission 
on  16  October  1996  of  the  first  Green Paper.  The  Commission  accepts  this purely  factual 
amendment,  but  would point  out  that,  strictly speaking,  it  is out  of place  in a  legal  text. 

S~ 

Amendment  2 
Recital  6 

Common  Position  of  the  Council 

Amended  Proposal 

legislative  framework 

(6)  Whereas  any 
framework 
concerning  new  audiovisual  services  must  concerning  new  audiovisual  services  must 
include arrangements which are in line with 
be compatible with the primary  objective  of 
this  Directive  which  is  to  create  the  legal 
the  spirit  and  objectives  of  this  Directive: 
free  movement  of 
framework 
services: 

(6)  Whereas  any 

legislative 

the 

for 

Comment  : Numbered  5b  in Parliament's  amendment,  in fact  corresponds  to recital  n° 6  in 
the  Common  Position 

C 

Amendment 3 
Recital 6a (new) 

Common Position  of the Council 

Amended  Proposal 

(6a)  Whereas,  however,  pending 
the 
introduction  of  a  comprehensive  European 
legal  framework  for  the  new  services,  the 
Member  States  should  take  action  with 
regard to  services comparable  to  television 
broadcasting in order to prevent any breach 
of  the  fundamental  principles  which  must 
govern  information  and  the  emergence  of 
wide  disparities  as  regards  free  movement 
and competition; 

Comment : Slight drafting change  to Parliament's amendment, for  legal reasons. 

3 

Amendment  4 
Recital  19a (new) 

Common  Position  of  the  Council 

Amended  Proposal 

(19a)  Whereas,  with  a  view  to  promoting 
the production of European works according 
to the objectives of the MEDIA programme, 
the  Community  should  provide  appropriate 
financial  support to particular artistic works, 
independent 
including  those  realized  by 
producers  and  to  co-production  works  with 
producers  established 
two  or  more 
Member  States; 

in 

% 

Amendment 5 
Recital 21 

Common Position of the Council 

Amended Proposal 

to 

for 

addition 

improving 

the  Communication  on 

(21)  Whereas, 
the 
in 
considerations cited above, it is necessary to 
create  conditions 
the 
competitiveness of the programme industry; 
whereas 
the 
application  of Articles 4 and 5 of Directive 
89/552/EEC,  adopted  by  the  Commission 
on 3 March 1994 pursuant to Article 4(3) of 
that  Directive,  draws  the  conclusion  that 
measures  to  promote  European  works  can 
contribute to such an  improvement; 

to 

in 

addition 

improving 

the  communications  on 

(21)  Whereas, 
the 
considerations cited above, it is necessary to 
create  conditions 
the 
for 
competitiveness of the programme industry; 
whereas 
the 
application of Articles 4 and 5 of Directive 
89/552/EEC,  adopted  by  the  Commission 
on  3 March  1994  and  15  July  1996 
pursuant  to  Article  4(3)  of  that  Directive, 
draw  the  conclusion 
that  measures  to 
promote  European  works  can  contribute  to 
such an improvement but that they  need to 
take account of developments in the field of 
TV broadcasting; 

3 

Amendment  6 
Recital  20a  (new) 

Common  Position  of  the  Council 

Amended  Proposal 

(20a)  Whereas 
and 
the 
distribution  of  European  works  should  also 
be  promoted  by  a  Guarantee  Fund; 

production 

Comment  : numbering  change  (recital 20a instead of 22a)  in order  to align  with  numbering 
in  Common  Position 

A 

Amendment  7 
Recital  22a  (new) 

Common  Position  of  the  Council 

Amended  Proposal 

(22a)  Whereas  for  the  purposes  of  the 
implementation  of the measures designed  to 
promote  works  created  by  producers  who 
are  independent  of  broadcasters,  guideline 
criteria are needed whereby  a producer  may 
be  deemed  to  be  independent  if  : 

the  broadcaster  holds  no  more  than 
20%  of  the  share  capital  of  the 
production  company  (50%  if  more 
than  one  television  broadcaster  is 
involved); 

than  90%  of 

over a three-year period the producer 
supplies  to  the  same  broadcaster  no 
the  works 
more 
produced,  unless,  over 
the  same 
period, the producer  makes only  one 
programme  or  only  one  series, 
is 
except  where 
predominantly  using  a  minority 
language 
the  Member  State 
concerned; 

the  broadcaster 

in 

the  producer  does  not  hold  a 
significant  number  of  shares  in  a 
broadcaster; 

Comment  : Numbering  change  (22a  instead  of 22b) 

14 

Amendment 8 
Recital 22b (new) 

Common  Position  of the Council 

Amended  Proposal 

into  account 

(22b)  Whereas  Member  States  shall  also 
the  destination  and 
take 
ownership  of 
rights  when 
assessing the criteria of independence: 

secondary 

Comment  : Numbering change  (22b instead of 22c) 

4  4 

Consequence of  Amendment  29 
Recital  23 

Common  Position  of  the  Council 

Amended  Proposal 

(23)  Whereas  the  question  of  specific  time 
scales  for  each  type  of  television  showing 
of  cinematographic  works  is  primarily  a 
matter  to be settled  by means of  agreements 
between 
or 
professionals  concerned;  whereas,  however, 
in 
the  absence  of  such  agreements,  a 
schedule  for  the  showing  of  such  works 
should  be  drawn  up; 

interested 

parties 

the 

(23)  Whereas  the  question  of  specific  time 
scales  for  each  type  of  television  showing 
of  cinematographic  works  is  primarily  a 
matter to be settled by means of  agreements 
between 
or 
interested 
the 
professionals  concerned; 

parties 

(deletion) 

Comment  : Deletion  of second part  as  a consequence of Amendment  29  (Article  7) 

U 

Amendment  9 
Recital  35 

Common  Position  of  the  Council 

Amended  Proposal 

in 

in 

to 

the 

the 

(35)  Whereas  the  approach  in  Directive 
89/552/EEC  and  this  Directive  has  been 
essential 
achieve 
adopted 
harmonization  necessary  and  sufficient  to 
ensure  the  free  movement  of  television 
the  Community;  whereas 
broadcasts 
Member  States  remain  free  to  apply  to 
broadcasters  under  their  jurisdiction  more 
detailed  or  stricter  rules 
fields 
coordinated  by  this  Directive,  including, 
inter  alia,  rules  concerning  the  achievement 
of 
the 
language  policy  goals  and  of 
protection  of  the  public  interest  in terms  of 
of 
as 
television's 
information, 
and 
education, 
entertainment  and  the  need  to  safeguard 
pluralism  in  the  information  industry  and 
the media  and  the protection  of  competition 
with  a  view  to  avoiding  the  abuse  of 
dominant  positions and/or  the  establishment 
or  strengthening  of  dominant  positions; 
whereas  such rules must be compatible with 
Community  law; 

a  provider 
culture 

role 

in 

to 

in 

the 

the 

achieve 

(35)  Whereas  the  approach  in  Directive 
89/552/EEC  and  this  Directive  has  been 
essential 
adopted 
harmonization  necessary  and  sufficient  to 
ensure  the  free  movement  of  television 
the  Community;  whereas 
broadcasts 
Member  States  remain  free  to  apply  to 
broadcasters  under  their  jurisdiction  more 
detailed  or  stricter  rules 
fields 
coordinated  by  this  Directive,  including, 
inter  alia, rules  concerning  the  achievement 
of 
the 
language  policy  goals  and  of 
protection  of  the  public  interest  in terms  of 
television's 
of 
as 
information, 
and 
education, 
entertainment  and  the  need  to  safeguard 
pluralism  in  the  information  industry  and 
the media and  the protection  of  competition 
with  a  view  to  avoiding  the  abuse  of 
dominant positions, for example by securing 
exclusive  rights  to  major  events  to  the 
disadvantage  of  the  majority  and/or  the 
establishment  or  strengthening  of  dominant 
positions;  whereas  such  rules  must  be 
compatible  with  Community  law; 

a  provider 
culture 

role 

y 

Amendment 11 
Recital 35a (new) 

Common Position  of the Council 

Amended Proposal 

(35a)  Whereas  the  objective  of  supporting 
in  Europe  can 
audiovisual  production 
furthermore  be pursued within the Member 
States inter  alia through  the  definition  of a 
public 
certain 
broadcasting  organizations,  including  the 
obligation  to  contribute  substantially  to 
investment in European production: 

interest  mission 

for 

Comment : numbering change (35a instead of 35b).  The term "European (instead of "national 
and  local")  production  is  appropriate  in  order  to  avoid  potential  contradictions  with 
Community law. 

ir 

Amendment  14 
ARTICLE  l(l)(b) 
Article  1(c) (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

(c) 

'television  advertising'  means  any 
'television  advertising'  means  any 
form  of  announcement  broadcast 
whether  in return for  payment or  for 
similar  consideration  or  broadcast 
for  self-promotional  purposes  by  a 
public  or  private  undertaking 
in 
connection  with  a  trade,  business, 
to 
craft  or  profession 
promote  the  supply  of  goods  or 
services, 
immovable 
including 
property,  rights  and  obligations,  in 
return  for  payment; 

in  order 

or 

for 

for 

for 

payment 

or  broadcast 

(c)  'television  advertising' 
means  any 
form  of announcement broadcast whether  in 
similar 
return 
self-
consideration 
promotional  purposes by a public or  private 
undertaking  in  connection  with  a  trade, 
business,  craft  or  profession  in  order  to 
promote  the  supply  of  goods  or  services, 
including  immovable  property,  rights  and 
obligations,  in  return  for  payment  or  by 
distributing  such goods as a free  promotion. 
It  shall 
items  of  publicity 
broadcast  on  behalf  of  someone  other  than 
the  broadcaster  in  advertising  breaks. 
It 
shall  not  include  teleshopping; 

include  all 

Comment  :  the  Commission  indicated  in  Plenary  its  agreement  in  substance  on  this 
amendment  but also  indicated that the wording was not entirely appropriate.  This is because 
the objective  of excluding  "public service announcements and charity appeals"  from  the daily 
and  hourly  time  limits  is already  met by the Common Position  in Article  18, new  paragraph 
3.  Moreover,  new  recitals  25 and  26  in the Common Position  already  deal  adequately  with 
the  question  of  announcements  made  by  the  broadcaster  in  connection  with  its  own 
programmes  and  ancillary  products  directly  derived  from  these.  The  drafting  of  this 
paragraph  has  been  amended  accordingly. 

y]G 

Amendment  23 
ARTICLE  l(5)(a)  (new) 
Article  4(2)  (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

"5(a)  In  Article  4.  paragraph  2  is  replaced 
by the  following  : 

2.  Where  the  proportion 
in 
paragraph  1 cannot  be  attained,  it  must  not 
be  lower  than  the  average  for  1992  in  the 
Member  State  concerned." 

laid  down 

Comment  :  The  Commission  gave  a positive  opinion  on  amendment  23  in  Plenary  in  the 
context  of  a  system  including  investment  obligations,  in  the  spirit  of  its  initial  proposal. 
However,  the Parliament failed  to adopt the amendment on investment obligations  (am. n " 22) 
which  was designed  to  introduce  the necessary flexibility into the system.  Consequently,  the 
"no-back sliding"  clause  in  amendment  23  would become  extremely  difficult  to  apply.  The 
underlying purpose  being  to  update  the reference year for  the  "acquis communautaire",  the 
Commission proposes  the  same formula  as  in the  Common Position  but  with  a  reference  to 
1992, as in the Parliamentary amendment, instead of 1988 (or 1990 for  Greece and  Portugal). 
There  is also  a  numbering  change  (5a instead of 5c) 

"^ 

Amendment  24 
ARTICLE  l(5)(b)  (new) 
Article  4(2a)  (new)  (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

b)  The  following  new  paragraph  2a  is 
inserted  : 

"2a  Channels  broadcasting  entirely  in  a 
language  other  than  those  of  the  Member 
States 
the 
shall  not  be  covered  bv 
provisions  of this Article  or  Article  5. 

Where  such  a  language  or  languages  are  a 
substantial  but  not  exclusive  part  of  the 
channel's  transmission  time,  the  provisions 
of  this Article  and Article  5 shall  not  apply 
to  that  part  of  transmission  time." 

Comment  : Rewording  of amendment for  purposes  of clarification. 

n<g 

Amendment  25 
ARTICLE  l(5)(c)  (new) 
Article  4(3)  (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

c)  Paragraph  3 
following  : 

is 

replaced  by 

the 

"3.  Member  States  shall  provide 
the 
Commission  every  two  years  with  a  report 
on the application of this Article and  Article 
5  from 
this 
Directive. 

the  date  of  adoption  of 

and 

assessments 

That  report  shall  in  particular  comprise  all 
qualitative 
statistical 
information  supplied  to  the  Member  State 
concerned  by the channels  falling  within  its 
jurisdiction  for  the  purpose  of  ascertaining 
whether  the  proportion  referred  to  in  this 
Article  and Article  5 has been achieved.  In 
addition Member  States shall  indicate to the 
Commission  the  reasons  for  the  failure  to 
attain those proportions  and  the  appropriate 
measures  they  propose  to  take  in  each  case 
to  ensure 
the  TV  broadcasting 
organization  does  actually  attain  them. 

that 

The  Commission  shall  inform  the  other 
Member States and the European  Parliament 
ofthe  reports,  which  shall  be  accompanied 
bv  an  opinion.  The  Commission  shall 
ensure  the  application  of  this  Article  and 
Article  5 in  accordance  with  the  provisions 
of  the  Treaty.  The  Commission  may  take 
account  in  its  opinion,  in  particular,  of 
progress  achieved  in  relation  to  previous 
years,  the  share  of  first  broadcast  works  in 
particular 
the 
circumstances 
television 
broadcasters  and  the  specific  situation  of 
countries with  a low audiovisual  production 
capacity  or  restricted  language  area." 

programming, 
of 

the 
new 

1  <3 

Amendment 29 
ARTICLE  1(8) 
Article  7 (Directive  89/552/EEC) 

Common Position  of the Council 

Amended Proposal 

Article  7  shall  be 
following  : 

replaced  by 

the  Article  7  shall  be 

replaced  by 

the 

following  : 

"1.  Unless  otherwise  agreed  between  "Article 7 
that 
rightsholders  and  broadcasters,  the  latter  Member  States 
shall  not  broadcast  any  cinematographic  broadcasters  under their  iurisdiction  do not 
work  until  eighteen  months  have  elapsed  broadcast  cinematographic  works  outside 
since the  work  was first shown  in cinemas  periods agreed with the rightholders." 
in one of the Member States. 

ensure 

shall 

2.  The  period  referred  to  in  paragraph  1 
shall be reduced  to twelve months : 

(a)  for  pay-per-view  and  pay-television 
channels; 

(b)  in  the  case  of  cinematographic  works 
co-produced  by the broadcaster. " 

2o 

Amendment  31 
ARTICLE  1(12) 
Article  10 (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

Article  10  shall  be 
following  : 

"Article  10 

replaced  by 

the  Article  10  shall  be 

replaced  by 

the 

following  : 

"Article  10 

1.  Television  advertising  and  teleshopping 
shall  be  readily  recognizable  as  such  and 
kept  quite  separate  from  other  parts  of  the 
programme 
service  by  optical  and/or 
acoustic  means. 

1.  Television  advertising  and  teleshopping 
broadcasts,  spots  and  windows  shall  be 
readily  recognizable  as  such  and  kept  quite 
separate from  other parts  of the  programme 
service  by  optical  and/or  acoustic  means. 

2.  Isolated  advertising  and  teleshopping  2.  Isolated  advertising  and 
spots  shall  remain  the  exception. 

spots  shall  remain  the  exception. 

teleshopping 

3.  Advertising  and  teleshopping  shall  not 
use  subliminal  techniques. 

3.  Advertising  and  teleshopping  broadcasts, 
spots  and  windows  shall  not  use  subliminal 
techniques. 

4. Surreptitious advertising and teleshopping 
shall  be  prohibited." 

4. Surreptitious advertising and teleshopping 
broadcasts,  spots  and  windows  shall  be 
prohibited." 

2 "7 

Amendment  33 
ARTICLE  1(14),  SECOND  SUBPARAGRAPH  (new) 
Article  12(c) (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

"Article  12(c) is replaced  by the  following 

offensive 

be 
philosophical  or  political  beliefs:" 

religious, 

to 

(c) 

2 d 

Amendment  36 
ARTICLE  1(21) 
Article  18a(la)  (new) 

Common  Position  of  the  Council 

Amended  Proposal 

The  following  Article  shall  be  inserted  : 

"Article  18a 

1. (no  change) 

ia  Teleshopping  programmes  and  spots 
must  be  easily  identifiable  as  such  and,  if 
they  are  inserted  in  a  service  that  is  not 
exclusively  devoted  to  this  activity,  they 
must  be  clearly  distinguished  from 
that 
including 
service's 
advertising  broadcasts,  by  optical  and 
acoustic  means,  so  that  any 
fraudulous 
intent  to  circumvent  the  rules  applying  to 
advertising  can  be  excluded. 

broadcasts, 

other 

2.  (no  change) 

Comment  : This  is the first part  of amendment  36.  The Commission has  a negative  opinion 
on  the  second part  (which  does  not  therefore appear  here). 

Z  3 

Amendment  38 
ARTICLE  1(18) 
Article  16(1) (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

In  Article  16, the present  text  shall  become 
paragraph  1  and  the  following  paragraphs 
shall  be added  : 

to 

take 

shall 

the 
"(la)  Member  States 
that 
necessary  measures 
ensure 
broadcasts  bv  broadcasters  under 
their 
jurisdiction  do not include advertising  spots 
which  might 
the 
impair 
seriously 
psychological  well-being  of  minors. 

2.  (no  change)" 

Comment  : the  2nd part  of  amendment  38 has been re-located  in the appropriate  Article  of 
Chapter IV,  which  concerns  the provisions  on advertising.  The word  "programme " has  been 
replaced  by  "broadcast"  because  it  is already  a fundamental  principle  of  the Directive  that 
programmes  and  advertising  should  be  kept  separate  (cf.  Article  10 §  1).  The  matter  of 
programme  announcements  (1st part  of  amendment  38)  is  already  covered  by  the  phrase 
"including  trailers"  included  in the amended  version of Article  22 (cf.  infra). 

*W 

Amendment  38 
ARTICLE  1(27) 
Article  22(1)  (Directive  89/552/EEC) 

Common  Position  of  the  Council 

Amended  Proposal 

Article  22  shall  be 
following  : 

replaced  by 

the  Article  22  shall  be 

replaced  by 

the 

following  : 

to 

that 

"1.  Member  States  shall  take  appropriate 
television 
measures 
ensure 
broadcasts  by  broadcasters  under 
their 
jurisdiction  do  not  include any  programmes 
which  might  seriously  impair  the  physical, 
mental  or  moral  development  of  minors,  in 
particular those that involve pornography  or 
gratuitous  violence." 

to 

that 

trailers, 

ensure 
including 

"1.  Member  States  shall  take  appropriate 
television 
measures 
broadcasts, 
by 
broadcasters  under  their jurisdiction  do  not 
include  any  programmes  which  might 
seriously  impair  the  physical,  mental  or 
moral  development  of  minors,  in  particular 
those that involve pornography  or gratuitous 
violence. 

2.  (no  change) 

3.  (no  change)" 

Comment  : Corresponds  to  1st part  of Amendment  38 

2.S 

Amendment  43 
ARTICLE  1 (31) 
Article  23a  (2)  (aa)  (new) 

Common  Position  of  the  Council 

Amended  Proposal 

"aa)  to  deliver  own-initiative  opinions  or 
opinions  requested  by  the  Commission  on 
the application  by the Member  States of the 
this  Directive,  without 
provisions  of 
prejudice 
the  Commission's  powers 
under  Articles  155 and  169 of  the  Treaty;" 

to 

Comment  : it is appropriate  to add  "vAthout prejudice  ... "for  reasons of conformity  with the 
Treaty  provisions. 

Z  G 

Amendment 44 
ARTICLE  1(31) 
Article 23a (2) (c) 

Common Position  of the Council 

Amended Proposal 

representatives 

"c)  to  discuss  the  outcome  of  regular  "c)  to  discuss  the  outcome  of  regular 
consultations  which  the  Commission  holds  consultations  which  the  Commission  holds 
broadcasting  with 
broadcasting 
with 
organisations, 
consumers, 
consumers,  organisations, 
manufacturers,  service  providers  and  trade  manufacturers,  service  providers  and  trade 
unions;" 

unions and the creative community;" 

of 
producers, 

of 
producers, 

representatives 

2} 

ISSN 0254-1475 

COM(96) 626 final 

DOCUMENTS 

EN 

16  06 

Catalogue  number  :  CB-CO-96-621-EN-C 

ISBN 92-78-11980-6 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg