1999/297/EC: Council Decision of 26 April 1999 establishing a Community statistical information infrastructure relating to the industry and markets of the audiovisual and related sectors
Date: 1999-04-26
Institutions: Council of the European Union
Subjects: EU policy, audiovisual industry, statistics

5. 5. 1999

EN

Official Journal of the European Communities

L 117/39

COUNCIL DECISION

of 26 April 1999

establishing a Community statistical information infrastructure relating to the
industry and markets of the audiovisual and related sectors

(1999/297/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 213 thereof,

Having regard to the draft Decision submitted by the
Commission,

Having regard to the opinion of the European Parlia-
ment (1),

(1) Whereas in order to implement Community pol-
icies on the industry and markets of the audiovisual
and related sectors it is necessary to establish a
information infrastructure;
Community statistical

communicated to the European Parliament and the
Council; whereas at all stages additional burdens on
small and medium-sized enterprises (SMEs) should
be minimised;

(7) Whereas individual statistical actions are governed
by Council Regulation (EC) No 322/97 of 17
February 1997 on Community Statistics (4);

(8) Whereas, by virtue of the principle of subsidiarity,
the objective of the proposed individual statistical
actions can be achieved only by a Community legal
instrument, as only the Commission is in a posi-
tion to coordinate the requisite harmonisation of
information at Community level;

(2) Whereas the European Council, in particular in the
White Paper on growth, competitiveness and
employment stresses the economic importance of
the audiovisual sector and the Bangemann Group
report, entitled ‘Europe and the global information
society (cid:190) recommendations
to the European
Council', recognises the strategic importance of the
audiovisual programme industry;

(9) Whereas, within the framework of the Council of
Europe, the European Audiovisual Observatory, of
which the Commission is a member, constitutes
inter alia an important source of information for
its members and their professionals and whereas it
is necessary to ensure complementarity between
the work undertaken under this Decision and the
work of the Observatory;

(3) Whereas a reliable information infrastructure must
individual statistical

be organised by means of
actions;

(4) Whereas Council Decision 93/464/EEC of 22 July
1993 on a framework programme for priority
actions in the field of statistical information 1993
to 1997 (2) specified that
the audiovisual sector
should be regarded as one of the priority service
sectors at Community level and provided for the
establishment of a new information system based
on the ‘enterprise' approach and functional statis-
tics;

(5) Whereas Annex I, Title III of the Community Stat-
istical Programme 1998 to 2002 (3) refers to the
carrying out of user requirement analyses, source
assessment, data collection and testing of methods
by pilot studies in the audiovisual sector;

(6) Whereas these pilot studies should be reviewed to
ensure they meet user requirements; whereas this
should be undertaken within two and a half years;
review should be
whereas

the results of

this

(1) Opinion delivered on 9 March 1999 (not yet published in the

Official Journal).

(2) OJ L 219, 28.8.1993, p. 1.
(3) OJ L 42, 16.2.1999, p. 12.

(10) Whereas the statistical methodologies proposed for
the audiovisual sector should be compatible and
consistent with the existing European standards
and methodologies;

(11) Whereas

the Statistical Programme Committee
established by Decision 89/382/EEC, Euratom (5),
has been informed in accordance with Article 3 of
that Decision,

HAS ADOPTED THIS DECISION:

Article 1

Objective

The objective of
to establish the
this Decision is
Community statistical information infrastructure neces-
sary for
the development and implementation of a
Community policy on the industry and markets of the
audiovisual and related sectors.

(4) OJ L 52, 22.2.1997, p. 1.
(5) OJ L 181, 28.6.1989, p. 47.

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Official Journal of the European Communities

5. 5. 1999

Article 2

Individual statistical actions

Article 4

Procedure

The objective described in Article 1 shall be implemented
by individual statistical actions in accordance with Regu-
lation (EC) No 322/97 as follows:

The Commission shall be assisted by the Statistical

1.
Programme Committee.

1. by the national authorities:

(a) analysis and evaluation of the demand for statistics
(firms, functions and products) on the audiovisual
sector from users (Community institutions, govern-
ment departments, national sectoral bodies, inter-
national organisations, economic operators) and the
effect on businesses, especially SMEs, of the collec-
tion of statistics in the audiovisual sector;

(b) analysis of existing statistics (firms, functions and

products) and their sources;

(c) annual forwarding to Eurostat of statistics (firms,
functions and products) already on hand or avail-
able from the competent national authorities;

(d) voluntary participation in pilot

to test
working methods in practice and promote the crea-
tion of Community statistics (firms, functions and
products);

studies

2. by Eurostat:

(a) preparation of a Community institutional and
functional methodological framework (firms, func-
tions and products);

(b) creation of a database for statistics forwarded in
accordance with paragraph 1(c) and data gathered
from international organisations;

(c) comparison of

in
Member States and some non-Member States, espe-
cially the pre-accession States;

existing statistical

systems

(d) assessment of the relevance of, and future needs
for, statistics in the audiovisual sector, especially in
terms of data needed for the development and
follow-up of employment,
training and equal
opportunities policy.

Article 3

Implementation

The representative of the Commission shall submit
2.
to the committee a draft of the measures to be taken. The
committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according
to the urgency of the matter. The opinion shall be deliv-
ered by the majority laid down in Article 148(2) of the
Treaty in the case of decisions which the Council
is
required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States
within the committee shall be weighted in the manner set
out in that Article. The chairman shall not vote.

3.

(a) The Commission shall adopt measures which shall

apply immediately.

(b) However, if these measures are not in accordance
with the opinion of the committee, they shall be
communicated by the Commission to the Council
forthwith. In that event:

(cid:190) the Commission shall defer application of the
measures which it has decided for a period of
three months from the date of the commun-
ication,

(cid:190) the Council, acting by a qualified majority, may
take a different decision within the time limit
referred to in the first indent.

Article 5

Reports

The Commission shall present an interim report and a
final report to the European Parliament and the Council
on the implementation of the measures provided for in
Article 2. The interim report should be drawn up no later
than two and a half years after the entry into force of this
Decision. The final report shall be presented within five
years of the entry into force of this Decision.

These reports shall consider, inter alia, the relevance of
collecting statistics in the audiovisual sector in the light of
the priorities set for the 1998 to 2002 Community Statist-
ical Programme, and the resources available both at Euro-
stat and the national statistical offices.

The measures necessary for the implementation of the
individual statistical actions set out in Article 2 shall be
decided in accordance with the procedure referred to in
Article 4.

Following these reports, the Commission may propose
any changes necessary to improve the operation of this
Decision.

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Article 6

Budget

The appropriations to be allocated to carrying out the actions provided for in Article 2
shall be adopted by the budgetary authority as part of the annual budgetary procedure.

Article 7

Duration

This Decision shall expire five years after its adoption.

This Decision is addressed to the Member States.

Article 8

Done at Luxembourg, 26 April 1999.

For the Council

The President

J. FISCHER