Fifth 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” {SEC(2006) 160}
Date: 2006-02-10
Institutions: European Commission
Subjects: application of EU law, audiovisual communications policy, broadcasting, report, television

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.2.2006 
COM(2006) 49 final 

FIFTH 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” 

{SEC(2006) 160} 

EN 

   EN 

 
 
 
  
 
 
TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

2. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

Introduction .................................................................................................................. 3 

Background of this Report ........................................................................................... 3 

Development of the television market in Europe......................................................... 3 

Notifications by new Member States ........................................................................... 5 

Application of the Directive......................................................................................... 5 

Scope ............................................................................................................................ 5 

Jurisdiction (Article 2) ................................................................................................. 5 

Events of major importance for society (Article 3a).................................................... 6 

Promotion of distribution and production of television programmes 
(Articles 4 and 5).......................................................................................................... 7 

3.5. 

Rules on advertising (Articles 10 to 20) ...................................................................... 7 

3.5.1.  Adoption of an interpretative communication ............................................................. 7 

3.5.2.  Advertising hoardings around stadia during retransmissions of sporting events......... 8 

3.5.3.  Monitoring.................................................................................................................... 8 

3.6. 

3.7. 

Protection of minors and public order (Articles 2a, 22 and 22a) ................................. 9 

Coordination between national authorities and the Commission................................. 9 

3.7.1.  Contact Committee....................................................................................................... 9 

3.7.2.  Group of regulatory authorities.................................................................................. 10 

4. 

5. 

5.1. 

5.2. 

6. 

Review of the Directive ............................................................................................. 10 

International aspects................................................................................................... 10 

Enlargement ............................................................................................................... 10 

Cooperation with the Council of Europe ................................................................... 11 

Conclusions ................................................................................................................ 11 

EN 

2 

   EN 

 
1. 

INTRODUCTION 

1.1. 

Background of this Report  

With  this  Communication,  the  Commission  is  submitting  to  the  Council,  the  European 
Parliament, the Economic and Social Committee and the Committee of the Regions (for 
information) the Fifth Report on the application of Directive 89/552/EEC,1 as amended 
by  Directive  97/36/EC,2  “Television  without  Frontiers”  (referred 
to  below  as 
“the Directive”). 

Article 26 of the Directive provides that, not later than 31 December 2000, and every two 
years  thereafter,  the  Commission  must  submit  to  the  European  Parliament,  the  Council 
and the Economic and Social Committee a report on the application of the Directive as 
amended and, where appropriate, make further proposals to adapt it to developments in 
the  field  of  television  broadcasting,  in  particular  in  the  light  of  recent  technological 
developments. 
The present Report follows the Fourth Report,3 adopted in January 2003, and deals with 
the application of the Directive in the years 2003 and 20044.  

In an annex to the Fourth Report, the Commission proposed a work programme to open a 
debate on the possible need to adjust the European Union (EU) regulatory framework in 
this  field  because  of  the  developments  in  markets  and  technologies.  Accordingly,  the 
Commission launched consultations in 2003 for a review of the Directive5. 

The present Report has to be seen in the context of this debate.  

1.2. 

Development of the television market in Europe 

During  the  years  up  to  2004,  the  favourable  trend  in  the  development  of  the  EU 
audiovisual industry reached a high degree of maturity. At the same time, some business 
models  had  to  face  hard  tests  and  in  some  areas  operators  underwent  a  process  of 
consolidation.  

New business opportunities, notably “Digital Terrestrial Television”,6 and the delivery of 
audiovisual services through new technological platforms have expanded the presence of 
such services on the market reinforcing the well-known phenomenon of fragmentation of 
supply.  This  trend  seems  to  be  stabilising  against  the  background  of  a  softening  in 
advertising resources and little prospect of an increase in public funding.  

1 
2 
3 
4 
5 
6 

OJ L 298, 17.10.1989, p. 23. 
OJ L 202, 30.7.1997, p. 60. 
COM(2002) 778 final, 6.1.2003. 
Whenever necessary, reference to the most recent events in 2005 will also be made.  
See point 4 of the Report. 
The  switch-over  to  “Digital  Terrestrial  Television”  is  planned  in  most  Member  States  between 
2006 and 2012. 

EN 

3 

   EN 

 
                                                 
In  practice,  the  number  of  channels  available  is  clear  evidence  of  the  multiplication  of 
services  on  offer.  While  over  660  channels  with  potential  national  coverage  were 
broadcast  via  terrestrial  transmitters,  satellite  or  cable  at  the  beginning  of  2001,7 
three years later over 860 such channels were active in the EU-158. 

In addition, television broadcasting services targeting non-national markets have seen an 
even more rapid development. At the beginning of 2004, about 220 such channels were 
identified9.  More  than  160  of  these  were  broadcast  to  the  EU-25  from  other  Member 
States or other countries (in 2001, there were only 68 such channels in the EU-15).  

The  main  precondition  for  the  on-line  development  of  audiovisual  services  is  the  wide 
availability  of  broadband  access.  The  considerable  investment  in  recent  years,  and  still 
expanding,  has  equipped  most  EU-15  Member  States  with  infrastructures  covering,  on 
average  by  the  end  of  2004,  88%  of  the  population10.  At  the  same  time,  the  actual 
penetration  of  fixed-line  broadband  connections  has  been  growing  constantly,  reaching 
10% of the EU-15 population and 9% of the EU-25 population at the end of 200411. 

The overall EU-25 market, assessed in terms of the revenue of broadcasters, is estimated 
at about €64.5 billion in 2003 (€62.2 bill

ion in 2001, meaning a 3.7% increase)12.  

Public service broadcasters have consolidated their presence in EU markets in terms of 
revenue. The total revenues of public radio and television services reached €29.1 billion 
(within the EU-25, including €1.6  billion for radio services) in 2003, an amount almost 
unchanged in comparison to 200213.  

EU-25 private broadcasters recorded revenues totalling €18.3 billi on in 2003, an amount 
almost  unchanged  in  comparison  to  the  previous  year14.  Pay-television  and  package 
subscriptions  increased  their  revenues  to  an  overall  amount  of  €13.6  billion  in  2003, 
which marked a growth of 14.3% compared to the previous year, due to the success of 
package activities15.  

Advertising  remains  the  main  source  of  revenue  for  EU  television  broadcasters.  After 
several  years  of  expansion,  interrupted  only  in  2001,  the  gross  television  advertising 
market  in  2004  reached  about  €25.7  billion  fo r  the  EU-15  (7.2%  increase  in  relation 
to 2003)16. The 2001 fall in advertising revenues is estimated at about 6.8% (2002 data 
vs.  2000  data)17.  The  television  advertising  market  in  2004  was  roughly  at  the  level  of 

7 
8 
9 
10 
11 
12 

13 
14 
15 
16 
17 

European Audiovisual Observatory, 2001 Yearbook. 
European Audiovisual Observatory, 2004 Yearbook. 
Ibid. 
IDATE, Development of broadband access in Europe, 2005. 
Communications Committee, 2005. 
European Audiovisual Observatory, 2005 Yearbook. The calculation excludes some categories of 
public and private radio broadcasters. 
Ibid. 
Ibid. 
Ibid. 
Ibid. 
Ibid. 

EN 

4 

   EN 

 
                                                 
the year 2000 in nominal terms and accounted for almost one third of overall advertising 
investment18.  

2. 

NOTIFICATIONS BY NEW MEMBER STATES  

The new Member States, which joined the EU on 1 May 2004, were required to notify 
their  legislation  transposing  the  Directive.  The  assessment  carried  out  shows  that  they 
have complied with their obligations in this respect. 

3. 

APPLICATION OF THE DIRECTIVE 

3.1. 

Scope 

Following  proceedings  brought  by  Mediakabel  BV  against  a  decision  by  the 
Commissariaat voor de Media (Dutch media authority), the Dutch Raad van State asked 
the  European  Court  of  Justice  for  a  preliminary  ruling  on  whether  “near  video-on-
demand”  (NVOD)  services,  i.e.  pay-per-view  services  which  allow  users  to  watch 
“multiplexed” broadcasts for which they pay on an on-demand basis, were subject to the 
Directive. The Court judgment in this case was pending in 200419.  

3.2. 

Jurisdiction (Article 2) 

The  cornerstone  of  the  Directive  is  the  “country  of  origin”  principle.  Accordingly, 
programmes that comply with the law of the country of origin in line with the provisions 
of the Directive may circulate freely within the EU. 

During the reference period, an infringement procedure against the Dutch authorities was 
launched by the Commission following the decision of the Commissariaat voor de media 
(Dutch  media  authority)  to  grant  itself  jurisdiction  for  the  channels  RTL  4  and  RTL  5, 
which  are  transmitted  by  a  broadcaster  under  the  jurisdiction  of  Luxembourg.  Without 
questioning the substantive arguments of the Commissariaat voor de Media, a judgment 
by  the  Raad  van  State  annulled  this  decision,  stating  that  the  Commissariaat  voor  de 
Media  could  not  grant  itself  jurisdiction  and  trigger  a  situation  of  dual  jurisdiction  in 
conflict with the Directive. Given that there was no longer a situation of dual jurisdiction 
following the judgment, the Commission decided to close the case. 

Concerning exceptions to the country of origin  principle  under  Article 2a(2), a conflict 
arose  in  the  case  of  “Extasi  TV”.  The  United  Kingdom  (UK)  government  notified  the 
Commission  on  20  December  2004  that  it  intended  to  proscribe  the  television  service 
known as “Extasi TV”. The reason given was that the television service concerned had 
manifestly, seriously and gravely infringed Article 22 of the Directive. Here, there was 
uncertainty as to which Member State had jurisdiction over this broadcaster. 

Jurisdiction conflicts also occurred outside the ambit of Article 2a(2), in cases where the 
legislation of the receiving Member States contained stricter or more detailed rules than 
the  legislation  of  the  country  where  the  broadcaster  was  established.  For  example, 

18 
19 

Ibid. 
Case  C-89/04.  The  judgment  was  delivered  on  2  June  2005,  cf.  Commission  Services  Working 
Document accompanying the Report. 

EN 

5 

   EN 

 
                                                 
the Swedish  Broadcasting  Commission  indicated  to  the  Commission  that  it  considered 
the channels TV3 and Canal 5, under UK jurisdiction, to fall under Swedish jurisdiction. 
Instead of taking  unilateral measures, Sweden initiated a dialogue between the relevant 
regulatory authorities. To the extent that such discussions do not question the country of 
origin principle, the Commission welcomes this approach and offers its assistance. There 
were similar issues between Ireland and the UK.  

Lastly,  the  issue  of  third  country  programmes  inciting  to  hatred  coming  under  the 
jurisdiction  of  a  Member  State  by  virtue  of  Article  2(4)  became  especially  important 
during  the  reference  period.  Al  Manar  was  transmitted  by  several  European  satellite 
providers.  France  was  the  first  country  to  take  action  against  the  transmission  of  this 
channel via the Eutelsat satellites, which come under its jurisdiction in accordance with 
Article  2(4).  Following  the  broadcast  by  Al  Manar  of  a  series  of  anti-Semitic 
programmes,  the  French  authorities  issued  an  injunction  to  the  satellite  operator  on 
13 December  2004  ordering  it  to  cease  broadcasting  the  Al  Manar  television  service. 
This 
implemented  without  delay  and  broadcasting  ceased  on 
ruling  was 
14 December 2004.  

After  the  prohibition  of  Al  Manar  by  the  French  authorities,  this  channel  was  still 
available via the satellite providers New Sky Satellite (headquarters in The Hague) and 
Hispasat.  The  case  was  the  subject  of  a  number  of  meetings  and  discussions  between 
Member  States  and  the  Commission.  Consequently,  the  Dutch  and  Spanish  authorities 
also ordered a halt to the transmission of Al Manar. This close cooperation has enabled 
Europe to efficiently fight incitement to hatred by broadcasts from third countries. 

3.3. 

Events of major importance for society (Article 3a) 

Article 3a(1) of the Directive covers national measures to protect events considered to be 
of major importance for society. By the end of 2004, measures under Article 3a(1) of the 
Directive were in force and notified to the Commission for the following Member States: 
Italy, Germany, the United Kingdom, Austria and Ireland. The Irish draft measures were 
discussed  in  the  Contact  Committee  on  30  January  2003  (which  adopted  a  positive 
opinion  on  them)  and  subsequently  published  in  the  Official  Journal  in  April  200320. 
Draft  measures  submitted  by  Belgium  and  France  were  discussed  with  the  respective 
national authorities and in the Contact Committee in March 2004, which adopted positive 
opinions  on  them.  Subsequently,  in  the  course  of  2004,  Belgium  notified  to  the 
Commission its final measures, which were published in the Official Journal21. 

Under  Article  3a(2)  of  the  Directive,  a  consolidated  list  of  the  measures  taken  by 
Member  States  must  be  published  once  a  year  in  the  Official  Journal.  The  last 
consolidated list was published in August 200322.  

20 
21 

22 

OJ C 100, 26.4.2003. 
OJ C 158, 29.6.2005. In 2005, France also notified to the Commission its measures (adopted in 
December 2004), which shall be published in due course.  
OJ  C  183,  2.8.2003.  No  consolidated  list  was  published  in  2004  as,  at  that  moment  in  time,  no 
changes  were  required  to  the  list.  The  new  consolidated  list,  containing  the  Belgian  and  French 
measures,  will  be  published  by  the  Commission  as  soon  as  the  French  list  is  published  in  the 
Official Journal. 

EN 

6 

   EN 

 
                                                 
A case concerning the role of the Commission in relation to Article 3a of the Directive is 
still pending before the European Court of First Instance23.  

3.4. 

Promotion  of  distribution  and  production  of  television  programmes 
(Articles 4 and 5) 

On 28 July 2004, the Commission adopted the Sixth Communication on the application 
of  Articles  4  and  5  of  the  Directive.  The  report  covers  the  EU-15  over  the  reference 
period 2001-2002. The average broadcasting time for European works in the EU-15 was 
66.95% in 2001 and 66.10% in 2002, representing an increase of 5.42 percentage points 
over  four  years  (1999-2002).  The  share  of  European  works  by  independent  producers 
within  the  EU-15  was  37.75%  in  2001  and  34.03%  in  2002,  i.e.  works  by  independent 
producers  stabilised  at  around  one  third  of  all  qualifying  transmission  time,  or 
roughly 50% of all European works. This is well above the 10% target set in Article 5 of 
the Directive. These results reflect that demand for national and European works, which 
has  been  constantly  increasing  over  the  last  decade,  reached  a  new  peak  in  2002, 
accounting  for  almost  two  thirds  of  all  qualifying  transmissions.  Given  the  50% 
proportion  called  for  by  the  Directive,  66%  is  a  satisfactory  result  and  testifies  to  the 
strength of the European audiovisual industry.  

In 2004, the Commission carried out a voluntary stocktaking exercise in seven of the new 
Member States that joined the EU on 1 May 2004 in order to be able to better assess the 
future  impact  of  Articles  4  and  5  in  their  territories.  The  reference  period  was  the  pre-
accession period from January 2003 until April 2004. On average, a proportion of 60% 
European  works  was  scheduled  in  2003  and  62%  in  the  first  months  of  2004,  with  a 
compliance  rate  of  77%  and  83%  respectively.  The  share  of  European  works  made  by 
independent producers was 30% in 2003 and 31% in the first months of 2004. Given that 
these  figures  concern  the  pre-accession  period,  they  point  to  a  generally  satisfactory 
application of Articles 4 and 5 in the Member States concerned.  

The Seventh Communication on the application of Articles 4 and 5 for the period 2002-
2004, which is expected to be adopted by the Commission in the first half of 2006, will 
include for the first time statistics from all 25 Member States. 

3.5. 

Rules on advertising (Articles 10 to 20) 

3.5.1.  Adoption of an interpretative communication 

In  view  of  the  development  of  new  advertising  techniques  such  as  split  screens, 
interactive advertising, virtual advertising, and even product placement, on 23 April 2004 
the  Commission  adopted  an  interpretative  communication  to  clarify  the  meaning  of 
certain provisions in the Directive24. The communication specifies in particular how the 
relevant  rules  of  the  Directive  are  to  be  applied  to  split  screens,  mini-spots, 
telepromotions,  virtual  sponsorship  and  interactive  advertising.  In  accordance  with  the 
case  law  of  the  Court  of  Justice  of  the  European  Communities,  the  interpretative 
communication applies the principle that the ban of a technique or type of advertising is 
valid only if it is explicitly provided for by the Directive. Nevertheless, Member States 

23 
24 

Case T-33/01, a hearing took place on 7 July 2005. 
Commission  interpretative  communication  on  certain  aspects  of  the  provisions  on  televised 
advertising in the ‘Television without Frontiers’ Directive, OJ C 102, 28.4.2004, p. 2. 

EN 

7 

   EN 

 
 
 
                                                 
are  free  to  adopt  stricter  or  more  detailed  provisions  for  broadcasters  under  their 
jurisdiction. 

3.5.2.  Advertising hoardings around stadia during retransmissions of sporting events 

The  French  law  against  smoking  and  alcoholism  (the  Evin  law)  bans  direct  or  indirect 
television advertising of alcoholic beverages. It therefore follows that, for retransmission 
in  France  of  bi-national  sporting  events  mainly  aimed  at  a  French  audience,  French 
broadcasters  have  to  use  all  available  means  to  prevent  advertising  of  alcoholic  drinks 
appearing on screen. 

Two cases relating to these rules were brought before the European Court of Justice: an 
infringement action25 and a reference for a preliminary ruling26. The preliminary ruling, 
which is our main  point  of interest  in this Report,  deals  with the  fact  that  channel  TF1 
called on Groupe Darmon and Girosport, which were commissioned to negotiate on its 
behalf  for  television  broadcasting  rights  for  football  matches,  to  ensure  that  the  brand 
names of alcoholic beverages do not appear on screen. As a result, Bacardi France was 
refused  rental  of  advertising  hoardings  around  sports  stadia,  and  therefore  sought  an 
order  before  the  French  courts  that  TF1,  Darmon  and  Girosport  should  cease  to  put 
pressure  on  foreign  football  clubs.  Under  these  circumstances,  the  French  Cour  de 
Cassation  submitted  a  preliminary  question  to the  Court  on  whether  the  French  system 
was contrary to the provisions of Community law, including the Directive. 

In  its  ruling  of  13  July  2004,  the  Court  found  that  indirect  television  advertising  of 
alcoholic  beverages  resulting  from  hoardings  visible  during  the  retransmission  of 
sporting  events  does  not  constitute  a  separate  broadcast  announcement  in  order  to 
promote  goods  or  services  within  the  meaning  of  the  Directive.  The  Court  considered 
how  impossible  it  would  be  from  a  practical  perspective  for  broadcasters  to  show  such 
advertising  only  during  the  intervals  between  the  different  parts  of  the  television 
programme  concerned.  Accordingly,  the  Court  ruled  for  the  non-enforcement  of  the 
Directive’s  provisions  and  the  compatibility  of  the  French  regulation  on  televised 
advertising with Community law. 

3.5.3.  Monitoring 

The  Commission  has  regularly  monitored  (three  countries  per  year)  whether  Member 
States properly ensure that broadcasters under their jurisdiction comply with the rules of 
the  Directive  on  advertising.  For  this  purpose,  the  Commission  is  assisted  by  an 
independent consultant, whose role is to collect the relevant facts and information. 

On  the  basis  of  the  monitoring  reports,  infringement  proceedings  were  initiated  against 
some Member States and a reasoned opinion was sent to the Kingdom of Belgium. The 
number  and  significance  of  the  infringements  of  the  Directive’s  rules  on  advertising 
suggested that the responsible authorities of this Member State did not properly monitor 
the application of the rules by broadcasters under their jurisdiction. 

25 
26 

Case C-262/02. 
Case C-429/02.  

EN 

8 

   EN 

 
                                                 
Protection of minors and public order (Articles 2a, 22 and 22a)  

3.6. 
The  second  evaluation  report27  from  the  Commission  to  the  Council  and  the  European 
Parliament  on  the  application  of  the  Council  Recommendation  of  24  September  1998 
concerning 
the  protection  of  minors  and  human  dignity  was  adopted  on 
12 December 2003. A questionnaire was addressed to the Member States, EEA states and 
the (then) accession countries28. 

The second evaluation report showed that the Recommendation was still being applied in 
different ways by the Member States, but that developments were in general positive. 

On  30  April  2004,  the  Commission  followed  up  the  second  evaluation  report  by 
proposing an additional recommendation: a Recommendation of the European Parliament 
and of the Council on the protection of minors and human dignity and the right of reply 
in relation to the competitiveness of the European audiovisual and information services 
industry29. 

This additional Recommendation was proposed in order to keep up with the challenges 
posed  by  technological  developments.  The  proposal  builds  upon  the  original  1998 
Recommendation and covers media literacy, media education, the right of reply across all 
media,  the  cooperation  and  sharing  of  experience  and  good  practices  between  (self-) 
regulatory  bodies  dealing  with  the  rating  or  classification  of  audiovisual  content,  and 
action against discrimination in all media. 

It is currently under discussion in the Council and the European Parliament. 

3.7. 

Coordination between national authorities and the Commission 

3.7.1.  Contact Committee 

Application  of  the  rules  of  the  Directive  is  the  responsibility  of  each  Member  State. 
Systematic  contacts  with  the  national  regulatory  bodies  have  been  maintained, 
particularly through the Contact Committee set up by the Directive (Article 23a). In the 
period covered by this Report, the Committee met on 5 occasions.  

The Committee has fulfilled the tasks conferred on it by the Directive. It has delivered 
opinions  under  the  procedure  laid  down  in  Article  3a(2)  concerning  events  of  major 
importance for society30.  

To facilitate the implementation of the Directive through regular consultation on practical 
problems arising from its application, the Contact Committee has discussed, among other 
things, the Commission’s Interpretative Communication on Advertising. 

During 2002-2004, the review of the Directive was discussed at several meetings of the 
Contact  Committee.  The  Commission  reported  to  the  Committee  on  the  public 
consultation in 2003 and the work of the Focus Groups31. 

27 
28 
29 
30 
31 

COM(2003) 776 final, 12.12.2003. 
See http://europa.eu.int/comm/avpolicy/regul/new_srv/secondreport_en.htm. 
COM(2004) 341 final, 30.4.2004. 
See point 3.3 of this Report. 
See point 4 of this Report. 

EN 

9 

   EN 

 
                                                 
The Contact Committee was also informed of the UK’s intention to take measures under 
Article 2a of the Directive and discussed the issue of the identification of the competent 
Member State32. 

3.7.2.  Group of regulatory authorities 

Although the Directive does not explicitly refer to the national regulatory authorities, the 
Commission  organised  on  27  March  2003  the  inaugural  meeting  of  the  High  Level 
Group  of  Regulatory  Authorities,  which  brings  together  the  Member  State  authorities 
responsible  for  the  enforcement  of  broadcasting  regulation.  These  meetings,  which  are 
held  on  average  twice  a  year,  are  aimed  at  reinforcing  cooperation  between  national 
regulatory  authorities  so  as  to  ensure  the  consistent  application  of  the  EU  regulatory 
framework.  

4. 

REVIEW OF THE DIRECTIVE  

The  review  of  the  Directive  —  including  public  hearings  and  a  written  consultation  — 
was  launched  in  2003  with  the  work  programme  annexed  to  the  Fourth  Application 
Report33.  

The  Commission  drew  its  conclusion  from  this  first  consultation  in  its  Communication 
on the Future of European Regulatory Audiovisual Policy34. To ensure that the Directive 
continues to make a positive contribution to the free movement of broadcasting services 
within the EU, some issues were identified that need to be addressed in the medium term. 
The 2003 Communication established Focus Groups with experts to discuss these issues. 

The European Parliament was actively involved in the consultation process, in particular 
through the participation of several MEPs35. The adoption of a draft legislative proposal 
by the Commission is envisaged for the end of 2005. 

5. 

INTERNATIONAL ASPECTS 

5.1. 

Enlargement 

During  the  reporting  period,  the  EU  has  grown  from  15  to  25  members,  with  10  new 
Member States having joined the Union on 1 May 2004.  

Relations between the Union and the (then) candidate countries developed in accordance 
with the pre-accession strategies. On the basis of the progress achieved in the alignment 
of national legislation with the Directive, negotiations concerning culture and audiovisual 
policy were definitively closed with the future Member States at the European Council in 
Copenhagen  in  December  2002. The  Commission  monitored  the  process,  giving 
particular attention to the development of a suitable administrative and judicial capacity 
to implement the Directive. 

32 
33 
34 
35 

See point 3.2 of this Report. 
COM(2002) 778 final, 6.1.2003. 
COM(2003) 784 final, 15.12.2003. 
Several MEPs acted as rapporteurs at the Liverpool conference and the report prepared by Henri 
Weber on the application of Articles 4 and 5 of the Directive concerns the Directive’s review.  

EN 

10 

   EN 

 
                                                 
The EU is now preparing for the next enlargement. Bulgaria and Romania are expected 
to join the European Union in 2007. Croatia and Turkey are candidate countries.  

As  regards  the  Western  Balkan  countries,  the  European  Council  has  underlined  their 
prospects of EU membership on several occasions. The Commission pursues a strategy 
for the convergence of the audiovisual policies of these countries with European media 
standards, in cooperation with the Council of Europe.  

5.2. 

Cooperation with the Council of Europe  

Cooperation  between  the  European  Commission  and  the  Council  of  Europe  has  been 
further  developed,  in  particular  with  regard  to  the  exchange  of  information  on  the 
development  of  the  European  Convention  on  Transfrontier  Television.  A  Commission 
representative has participated as observer in 5 meetings of the Standing Committee on 
Transfrontier Television (T-TT) and 4 meetings of the Steering Committee on the Mass 
Media (CDMM), as well as in the Council of Europe’s Ministerial Conference on Mass 
Media in Kiev. 

6. 

CONCLUSIONS 

The  “Television  without  Frontiers”  Directive  continues  to  function  successfully  in 
ensuring  the  freedom  to  provide  television  services  in  the  European  Union.  The 
fundamental  objectives  of  public  interest  that  the  Directive  aims  to  safeguard  in 
establishing a minimum harmonisation in the internal market remain valid. The Directive 
provides effective regulation for the European audiovisual sector and the Report confirms 
the validity of the common European approach to audiovisual matters.  

However,  in  view  of  market  and  technological  developments,  a  need  to  review  the 
current  EU  regulatory  framework,  as  outlined  above,  has  become  apparent.  Therefore, 
the Commission intends to come up with a proposal for revision of the Directive at the 
end of 2005.  

EN 

11 

   EN