Council Conclusions of 27 September 1999 concerning the results of the public consultation on the Convergence Green Paper (in particular the aspects relating to the media and the audiovisual sector)
Date: 1999-09-27
Institutions: Council of the European Union
Subjects: audiovisual industry, consultation procedure, economic convergence, pluralism in the media

6.10.1999

EN

Official Journal of the European Communities

C 283/1

I

(Information)

COUNCIL

COUNCIL CONCLUSIONS

of 27 September 1999

concerning the results of the public consultation on the Convergence Green Paper (in particular
the aspects relating to the media and the audiovisual sector)

(1999/C 283/01)

THE COUNCIL OF THE EUROPEAN UNION,

7. TAKES NOTE that a general message with regard to content
was the recognition that actions aimed at promoting
premium European content could play an important role;

1. RECALLING the Council Conclusions of 24 September 1998
(cid:145)Chal-

concerning the European Audiovisual Conference:
lenges and Opportunities of the Digital Age(cid:146) (1);

2. RECALLING the Resolution of

the
the Member
Representatives of
States meeting within the Council of 25 January 1999
concerning public service broadcasting (2);

the Governments of

the Council and of

3. RECALLING the Council Conclusions of 22 April 1999 on
the results of the public consultation of the Convergence
Green Paper;

4. AWARE OF the discussion on the possible scope and of the
merits and risks of self-regulation in the media that have
been highlighted by the participants of the Saarbr(cid:252)cken
expert seminar on self-regulation in the media;

5. TAKES NOTE of

the fact

the Commission,

in its
that
communication on the results of the public consultation
of
the Convergence Green Paper of 9 March 1999,
presents several key messages of particular relevance to
the audiovisual sector and ANNOUNCES ITS INTENTION to
present a more detailed set of regulatory principles in an
additional communication;

6. TAKES NOTE that a general message with regard to the role
of regulation was the affirmation of the continuing need to
meet a range of public interest objectives (such as the
protection of minors and human dignity, cultural and
linguistic diversity and pluralism) whilst recognising the
need to promote investment, in particular in new audio-
visual services;

(1) OJ C 306, 6.10.1998, p. 1.
(2) OJ C 30, 5.2.1999, p. 1.

8. STRESSES

that,

in addition to technical and economical
aspects, social, cultural and democratic aspects are of
great importance for the development of the Information
Society;

9. CONVINCED OF the need for continuous assessment and
the regulatory framework on
the
taking into account

possible adaptation of
national and European level
principle of subsidiarity;

10. TAKES NOTE of the fact that separation of infrastructure
and content regulation was recommended;
this implies
with regard to infrastructure regulation the need to
safeguard the access of the public to a wide variety of
media content;

11. TAKES NOTE that such separation implies with regard to

content regulation:

(cid:151) taking full account of the specificity of the audiovisual
sector,
in particular through a vertical and sectoral
approach where necessary, building on current regu-
latory structures as well as the public policy objectives,

(cid:151) application of an appropriate regulatory regime for
new services, after due consultation and debate, recog-
nising the unpredictability of the marketplace and the
need for the large initial investments involved in their
launch while at the same time maintaining adequate
protection of minors, consumer safeguards and other
important public interests,

(cid:151) self-regulation could usefully complement regulation
and contribute to the achievement of
the right
balance between facilitating the development of open
and competitive markets and securing public interest
objectives;

C 283/2

EN

Official Journal of the European Communities

6.10.1999

12. STRESSES that the consultation also produced, in response
to the three options put forward by the Commission in the
Green Paper (1), a clear majority in favour of an evol-
utionary approach to content
regulation, building on
existing structures;

(cid:151) encourage those organisations vested with a public
service broadcasting remit to exploit new technologies
and, by doing so to find new ways of maintaining and
expanding their audiences, in order to fulfil that remit;

13. STRESSES, with a view to the development of new tech-
nologies, that a balanced and transparent solution as to
how public service broadcasting can best continue to
play its role in full
in this new environment should in
particular:

(cid:151) reaffirm Member State competence to confer, define
and organise
in each
Member State in accordance with the Protocol on the
system of public broadcasting in the Member States
annexed to the Treaty of Amsterdam,

the public

service

remit

14.

INVITES the Commission, without prejudice to its Treaty
prerogatives:

(cid:151) to take account of these conclusions in drawing up the
communication mentioned in point 5, recognising and
addressing the specificity of the audiovisual sector and
taking account of democratic, social and cultural needs,

(cid:151) to take account of the outcome of the consultation if
and when drawing up proposals for measures for the
industry,
strengthening of
including the multimedia industry;

the European audiovisual

(1) The three options are:

1. build on current structures;
2. develop a separate regulatory model for new activities, to coexist

with telecommunications and broadcasting regulation;

3. progressively introduce a new regulatory model to cover the

whole range of existing and new services.

15. TAKES NOTE that the Commission’s immediate actions in
relation to content will
the
implementation and application by the Member States of
the amended (cid:145)television without frontiers(cid:146) Directive.

include verification of

COUNCIL CONCLUSIONS

of 27 September 1999

on the role of self-regulation in the light of the development of new media services

(1999/C 283/02)

THE COUNCIL OF THE EUROPEAN UNION,

1. RECALLING Council Recommendation 98/560/EC of 24
September 1998 on the development of the competitiveness
the European audiovisual and information services
of
industry by promoting national
frameworks aimed at
achieving a comparable and effective level of protection of
the multiannual
minors
Community action plan on promoting safer use of
the
Internet by combating illegal and harmful content on
global networks adopted by Decision No 276/1999/EC of
the European Parliament and of the Council (2);

and human dignity (1)

and

2. RECALLING the fact that the Commission, in its communi-
cation of 9 March 1999 on the results of the public consul-
tation on the Convergence Green Paper, has noticed the
relevance that self-regulation could have;

(1) OJ L 270, 7.10.1998, p. 48.
(2) OJ L 33, 6.2.1999, p. 1.

3. RECOGNISING that while

continue
usefully to complement regulation in all media forms in a
number of Member States, it is appropriate here to consider
the role of self-regulation in new media services;

self-regulation will

4. TAKES NOTE

(cid:151) that self-regulation systems have been developed for the
media in most European countries some of which cover
all media (press, broadcasting (cid:151) sound radio, tv and
advertising in all media), while others are restricted to
individual media or new information and communi-
cation services,

(cid:151) that there are significant differences between the ways in
which different self-regulation systems are organised and
complement or contribute to State regulation which
reflect Europe’s democratic,
and cultural
diversity,

regional