WRITTEN QUESTION No. 10/98 by Graham MATHER to the Commission. Theatrical exclusively windows - media chronologies
Date: 1998-01-29
Institutions: European Parliament, MATHER
Subjects: administrative cooperation, approximation of laws, audiovisual communications policy, broadcasting, film production, television

C 223/82

EN

Official Journal of the European Communities

17. 7. 98

Answer given by Mrs Bjerregaard on behalf of the Commission

(18 February 1998)

Member States are not required to provide the Commission with any information on the environmental impact
assessments that they carry out under Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
impact of certain public and private projects on the environment (1).

Therefore the Commission is currently not up to date as regards any assessments relating to the two hydroelectric
stations mentioned by the Honourable Member.

(1)  OJ L 175, 5.7.1985.

(98/C 223/102)

WRITTEN QUESTION E-0010/98

by Graham Mather (PPE) to the Commission

(29 January 1998)

Subject: Theatrical exclusively windows › media chronologies

In the original drafts of the Television Without Frontiers Directive 97/36/EC (1), provisions were envisaged to
guarantee some protection for films released at the cinema before their transmission via television. In the final
version of the text, Article 7 of the Directive enshrined the principle of contractual freedom, stating:

(cid:145)Member States shall ensure that broadcasters under their jurisdiction do not broadcast cinematographic works
outside periods agreed with the rights holders(cid:146).

1.  What mechanisms does the Commission have in place to ensure that this provision is applied effectively

throughout the Member States?

2.  Does the Commission intend to stick to its policy of non-harmonization in this area and is the principle of

contractual freedom guaranteed for the foreseeable future?

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

Answer given by Mr Oreja on behalf of the Commission

(4 March 1998)

Article  7  of  Parliament  and  Council  Directive  97/36/EC  of  30  June  1997  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 coordinates national rules on media
chronology. This article provides that the Member States must ensure that broadcasters under their jurisdiction
do not broadcast cinematographic works outside periods agreed with the rights holders. The Community rule is
thus that of contractual freedom, the rights holders being able to conclude agreements with broadcasters on the
time scale for broadcasting their works, either individual or collective (see recital No 32). The Member States
must not impose obligatory time scales through national measures. There is, therefore, a certain harmonisation in
this  area.  These  provisions  are  not  those  initially  proposed  by  the  Commission,  which  had  provided  for
compulsory time scales should the rights holders fail to come to an agreement. The change is the result of an
amendment adopted by Parliament at second reading which was accepted by the Council and the Commission.

To ensure that this provision is adhered to, the Commission has at its disposal the usual measures conferred on it
by the EC Treaty, notably Article 169.