Opinion of the Committee of the Regions on the "Fourth Report from the Commission on the application of Directive 89/553/EEC Television Without Frontiers"
Date: 2003-07-03
Institutions: European Committee of the Regions
Subjects: application of EU law, audiovisual communications policy, report, television

24.10.2003

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Official Journal of the European Union

C 256/79

The new Community initiative should be independent of the
Structural Fund objectives and should have funding on a
par with the Community’s INTERREG initiative. It should

encourage regional cooperation measures, in accordance with
the principle that prevention is better than a cure.

Brussels, 3 July 2003.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Fourth Report from the Commission on the
application of Directive 89/553/EEC “Television Without Frontiers”’

(2003/C 256/13)

THE COMMITTEE OF THE REGIONS,

having regard to the Fourth Report from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions on the Application of
Directive 89/552/EEC ‘Television Without Frontiers’ (COM(2002) 778 final) of 6 January 2003;

having regard to the decision of the European Commission of 6 January 2003 to consult it on this
subject, under the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its Bureau of 6 February 2002 to instruct its Commission for Culture and
Education to draw up an Opinion on this subject;

having regard to the 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, as amended by Directive 97/36/EC of the European Parliament and
of the Council of 30 June 1997;

having regard to the Third report from the Commission to the Council, the European Parliament and the
Economic and Social Committee on the application of Directive 89/552/EEC ‘Television Without
Frontiers’;

Having regard to the European Parliament resolution on the third report of the Commission to the
council, the European Parliament and Economic and Social Committee on the application of Directive
89/552/EEC ‘Television Without Frontiers’;

having regard to the Fifth Communication from the Commission to the Council and the European
Parliament on the application of Articles 4 and 5 of the Directive 89/552/EEC ‘Television Without
Frontiers’, as amended by Directive 97/36/EC, for the period 1999-2000, COM(2002) 612 final of
8 November 2002;

having regard to the Council Recommendation of 24 September 1998 on the development of the
competitiveness of the European audiovisual and information services industry by promoting national
frameworks aimed at achieving a comparable and effective level of protection of minors and human
dignity;

having regard to the Communication from the Commission to the Council, the European Parliament, the
Economic and Social Committee and the Committee of the Regions on certain legal aspects relating to
cinematographic and other audiovisual works, COM(2001) 534 final of 26 September 2001;

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having regard to its draft opinion (CdR 90/2003 rev.) adopted on 12 May 2003 by its Commission for
Education and Culture (rapporteur: Mr José Muñoa Ganuza, Commissioner for External Relations for the
President of the Basque Government (ES-EA));

Whereas:

1.

2.

this sector is entering a crucial transitional phase owing to the development of new digital
opportunities and this will require considerable investment by operators in technology as well as in
human resources retraining and qualification;

the shift to digital broadcasting is contributing to the globalisation of the sector and as such is
encouraging an increase in local and regional content within the audiovisual and cultural sphere.

adopted the following opinion unanimously at its 50th plenary session, held on 2 and 3 July (meeting of
3 July).

1. Comments of the Committee of the Regions

New opportunities

The Committee of the Regions

1.1. Welcomes the Commission’s proposal to review the
Directive and initiate a debate on the possible need to
adapt the Community regulatory framework to the recent
developments on the markets and to the new technologies.

1.2.
Feels that European Directive 89/552/EEC ‘Television
Without frontiers’ has made a permanent and decisive contri-
bution over recent years to promoting the audiovisual sector
in Europe.

Agrees that the Commission must continue to facilitate
1.3.
and reinforce the freedom to provide television broadcasting
across the internal market on the basis of
the essential
principles of general
including pluralism, human
dignity, protection of minors and of consumers, protection of
intellectual property and maintaining cultural diversity.

interest,

Believes that

1.4.
the actions and policies of the EU
should support a successful changeover to digital television
throughout Europe, enabling both citizens and operators to
make use of the advantages this will offer.

industry,

Remarks that in terms of promoting the European
1.6.
audiovisual
local and regional broadcasters are
usually more own-production intensive and as such make a
more direct, effective contribution to the sector’s development
and competitiveness.

1.7.
Stresses that an initiative providing easier access to the
European Broadcasting Union (EBU) for all public television
services, whether regional or national, would help extend
broadcasting of events that are of major importance to society.

Public consultations carried out by the Commission

Theme 1: A c c e s s t o e v e n t s o f m a j o r i m p o r t -

a n c e f o r s o c i e t y

The Committee of the Regions

1.8.
Notes that guaranteed access to events of major
importance to society for the greatest possible number of
citizens is a fundamental aim and implies the need for free
circulation of information as a precursor to the right to access
to information and freedom of speech.

Theme 2:

P r o m o t i o n o f c u l t u r a l d i v e r s i t y a n d
o f c o m p e t i t i v e n e s s o f t h e E u r o p e a n
a u d i o v i s u a l p r o g r a m m e i n d u s t r y

Local and regional broadcasters

The Committee of the Regions

The Committee of the Regions

1.5.
Notes that the relative importance of regional and local
television broadcasters is growing throughout Europe. These
broadcasters have clear social and cultural responsibilities and
a duty to provide a service to citizens.

Points out

1.9.
that it will be necessary for all future
legislative measures to promote the European audiovisual
industry to take account of the responsibilities of the Member
States as well as to comply with Article 151(4) of the Treaty
establishing the European Community, which outlines the
need for all Community policies and action to respect and
promote the cultural diversity of the Community.

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1.10.
Considers that the Directive has met the specific
targets set in terms of promoting European and independent
productions. This can be seen through the trend towards
increased broadcasting of European productions in general
and independent productions in particular.

1.11.
Considers that the option of supporting regional and
local television services should be encouraged or permitted so
as to ensure cultural and regional diversity in the future of
digital TV, given the investment required in association with
the transition to digital production and distribution and that
local and regional TV broadcasting is more own-production
intensive.

1.12.
Fully agrees that the Community should draw up a
comprehensive audiovisual package in conjunction with the
new Directive comprising support measures for the European
audiovisual sector, such as the MEDIA Plus programme and
the i2i initiative.

Theme 3:

P r o t e c t i o n o f g e n e r a l
t e l e v i s i o n
s h i p ,
m o t i o n

i n t e r e s t s i n
s p o n s o r -
t e l e s h o p p i n g a n d s e l f - p r o -

a d v e r t i s i n g ,

The Committee of the Regions

1.13.
Judges there to be discrepancies between the Member
States, and even between different television broadcasters in
individual countries, concerning fulfilment of the advertising
quotas.

1.14. Welcomes the Commission’s intention to retain rules
on advertising, e.g. the clear separation between editorial
content and advertising as well as providing control and
monitoring of these rules.

1.15.
Shares the concern of the Commission to bring
forward regulatory measures applicable to the new possibilities
for television advertising, i.e. virtual and interactive, offered by
the new technologies.

Theme 4:

P r o t e c t i o n o f m i n o r s a n d p u b l i c
o r d e r — T h e r i g h t t o r e p l y

The Committee of the Regions

1.18.
Backs the procedure established by the Directive for
the protection of minors, which facilitates combining a series
of specific prohibition criteria with freedom of reception.

1.19.
Fully supports the aim of protecting minors from
programmes that could harm their physical, mental or moral
development, moreover guaranteeing that broadcasts do not
incite to hatred for reasons of race, gender, religion or
nationality and also fully supports the exceptional possibility
granted to the receiving Member State in cases in which a
television broadcast is made under the jurisdiction of another
country.

1.20. Welcomes the intention to study the procedures used
to classify content in the Member States and across the
different media and distribution channels with the aim of
reducing the confusion that can arise through the use of
diverse classification practices.

Considers it reasonable to extend the right of reply to
1.21.
other broadcasting media and not to restrict it to television
alone.

Theme 5: A p p l i c a t i o n ( r e l a t e d a s p e c t s )

The Committee of the Regions

1.22.
Believes it to be right for the Member State from
which television broadcasting emanates to bear responsibility
and have competence, as clearly established in the Directive in
its amended form of 1997, so as to eliminate the possibility of
more than one Member State having competence.

Theme 6:

I s s u e s n o t c o v e r e d b y t h e D i r e c t i v e :
a c c e s s t o ‘ s h o r t e x t r a c t s ’

1.16.
Firmly believes that commercial financing is a pre-
requisite to the further development of the European audiovis-
ual industry and that, as such, the conditions surrounding such
financing must be the same in all of the Member States.

The Committee of the Regions

1.17.
Supports the Commission’s intention to draw up a
framework Directive for fair advertising practices as well as
codes of conduct applicable across Europe, or alternatively a
legal
those
authorities responsible for enforcing the applicable regulations.

to promote cooperation amongst

instrument

1.23. Welcomes the introduction of the right to infor-
mation (‘right to short extracts’) in the new Directive which
takes particular account of the new multi-media, multi-channel
possibilities offered by digital technology as well as the need
to facilitate access to this right to viewers of regional and local
television broadcasters, above all those using minority and/or
regional languages.

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1.24.
Recommends the continued flexibility of rules on the
transmission of major events on free TV respecting the
specificities of different countries. Consideration should be
given to drawing up a European list of major events.

1.25.
Advocates better coordination of the forthcoming
‘Television Without frontiers’ Directive with Directive 93/
to promote better
83/EEC, entitled ‘Cable and Satellite’,
coordination of copyright arrangements.

1.26. Would recommend reshaping the ‘Television Without
Frontiers’ Directive into a coherent European regulatory frame-
work for the broadcasting of audiovisual services based on a
graduated approach to regulation of each individual service,
and that its technological neutrality should be maintained.

2. Recommendations of the Committee of the Regions

The Committee of the Regions

Asks the Commission to continue to maintain the

2.1.
objectives introduced by the Directive.

2.2.
Urges the Member States to take account of their
regional and minority languages when broadcasting the events
of major importance to society outlined under Article 3a of
the Directive, and in particular sporting events, and, insofar as
possible, to broadcast such events in those languages for the
regions concerned.

2.3.
Recommends maintaining the quota system outlined
in the Directive concerning the promotion of both European
and independent productions.

2.4.
Suggests that the forthcoming Directive should pro-
mote regional and local television broadcasts, including those

Brussels, 3 July 2003.

with content in regional and/or minority languages, as these
help boost the European audiovisual industry as a whole.

Proposes shifting the focus of

2.5.
the measures and
instruments used to promote European productions more
particularly onto productions in regional and/or minority
languages with the aim of fostering the cultural diversity of
Europe.

2.6.
Suggests reinforcing the instrument of self-regulation
in the new television directive. However, this must go hand in
hand with state supervision.

2.7.
Recommends continuing to look for solutions for
decreasing the advertising presence so as to protect the rights
of consumers and television viewers.

2.8.
Endorses the work done by the Commission to protect
minors and agrees that the content classification systems of
the Member States should be studied.

2.9.
Advocates governing the right to information (right to
‘short extracts’) by means of the Directive, as well as better
coordination with Directive 93/83/EEC ‘Cable and Satellite’.

2.10.
Supports the audiovisual policy approach based on
more intensive promotion of the social, cultural and humani-
tarian values of the Union so as to strengthen and spread the
concept of a European identity both within and beyond the
European borders.

Suggests granting specific, effective support

2.11.
to
regional and local television operators who broadcast content
in minority languages via programmes and initiatives such as
the MEDIA Plus programme or the i2i
initiative, which
promote cross-border local and regional cooperation agree-
ments in this area.

The President

of the Committee of the Regions

Albert BORE