Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Seventh Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 89/552/EEC "Television without Frontiers"
Date: 2009-06-26
Institutions: European Commission
Subjects: application of EU law, audiovisual communications policy, broadcasting, report, television

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.6.2009 
COM(2009) 309 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE 
COMMITTEE OF THE REGIONS  

Seventh report from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions on the 
application of Directive 89/552/EEC "Television without Frontiers" 

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TABLE OF CONTENTS  

1. 

1.1. 

1.2. 

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

Background to this Report ........................................................................................... 3 

Recent technological developments and development of the television market in 
Europe .......................................................................................................................... 3 

1.3. 

New rules introduced by Directive 2007/65/EC .......................................................... 4 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

2.5. 

2.6. 

2.7. 

3. 

3.1. 

3.2. 

3.3. 

4. 

5. 

Application of the Directive......................................................................................... 4 

Country of origin, free circulation and jurisdiction ..................................................... 4 

Events of major importance for society ....................................................................... 6 

Short reporting ............................................................................................................. 6 

Promotion of European and independent works .......................................................... 6 

Application of the rules on advertising ........................................................................ 7 

Protection of minors and public order.......................................................................... 9 

Coordination between national authorities and the Commission............................... 10 

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

Enlargement – prospects ............................................................................................ 10 

International framework for cultural diversity........................................................... 11 

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

Next report ................................................................................................................. 11 

Conclusions ................................................................................................................ 12 

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1. 

INTRODUCTION 

1.1. 

Background to this Report 

In  accordance  with  Article  26  of  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 activities1, 
as  amended  by  Directive  97/36/EC2  (the  "Television  without  Frontiers  Directive", 
referred to below as ‘TWFD’), the Commission is submitting the seventh application 
report  to  the  European  Parliament,  the  Council  and  the  European  Economic  and 
Social  Committee.  The  report  deals  with  the  application  of  the  TWFD  during  the 
period 2007-2008. 

The main objective of this report is to describe and analyse the salient facts relating 
to the application of the TWFD during the reference period3. 

On 11 December 2007, the Council and Parliament adopted Directive 2007/65/EC, to 
be transposed  not later  than  19 December 2009. This Directive, which  entered into 
force  on  19  December  2007,  substantially  amended  the  TWFD  and  re-named  it 
"Audiovisual  Media  Services  Directive"(AVMSD)4.  The  new  provisions  of  the 
Directive will also be referred to. 

1.2. 

Recent technological developments and development of the television market in 
Europe 

Pay-TV operators have generally reaped significant  rewards for their  activity while 
traditional free-to-air and public service broadcasters have suffered from stagnating 
or declining revenues. From a statistical perspective, the most recent data from 20065 
show  net  revenues  of  EU  broadcasting  companies  at  almost  €79  billion  (public 
service  39%,  free-to-air  commercial  28%,  pay-TV  22%,  thematic  and  teleshopping 
11%).  

By  November  2008,  more  than  4  000  broadcast  services  were  established  in  the 
Member States6. In addition to 352 analogue and digital terrestrial national channels, 
some  1 742 channels  were  available  over one  or more  platforms  and  at  least  650 
channels  targeted  the  market  of  a  Member  State  other  than  the  country  of 
establishment  or  countries  outside  the  Union.  In  addition  to  the  channels  available 
nationally or originated in other Member States, it is estimated that more than 1 500 
regional channels are available. Moreover, the European public can access more than 

1 
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4 

5 
6 

OJ L 298, 17.10.1989, p. 23. 
OJ L 202, 30.7.1997, p. 60. 
It follows the sixth application report (COM(2007) 452 final). 
See  article  1  of  Directive  2007/65/EC:  "  Directive  89/552/EEC  is  hereby  amended  as  follows:  1.  the 
title  shall  be  replaced  by  the  following:  "Directive  89/552/EEC  of  3  October  1989  of  the  European 
Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or 
administrative  action  in  Member  States  concerning  the  provision  of  audiovisual  media  services 
(Audiovisual Media Services Directive)". 
European Audiovisual Observatory, Yearbook 2008 
European Audiovisual Observatory, MAVISE database. 

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750 channels originating from third countries and delivered in at least one Member 
State. 

By  December  2008,  more  than  600  on-demand  services  were  provided  by 
audiovisual media services providers established in the European Union. Most of the 
non-linear services are provided via Internet or as IPTV services. 

Audiences  have  further  fragmented  as  viewers  have  to  a  certain  extent  switched  to 
new  channels  and  on-demand  services.  However,  viewers  have  not  substantially 
modified  their  overall  viewing  patterns  over  the  period  under  review.  In  certain 
countries  viewing  time  increased  in  2008  compared  with  2006  (e.g.  UK,  Spain, 
Romania)  while  in  others  it  declined  (e.g.  Czech  Republic,  Germany,  Belgium, 
Netherlands).  Hungary  remains  the  country  where  daily  viewing  is  longest  (260 
min/day), while Austria and Sweden are the Member States where viewers spend the 
least time watching TV per day (148 and 160 min/day, respectively). 

1.3. 

New rules introduced by Directive 2007/65/EC 

The new AVMSD provides the necessary level of harmonisation of rules to achieve 
internal  market  objectives  by  providing  the  legal  framework  for  free  circulation  of 
audiovisual media services on the basis of the country of origin principle. 

2. 

APPLICATION OF THE DIRECTIVE 

2.1. 

Country of origin, free circulation and jurisdiction (Articles 2, 2a, 3)  

The country of origin principle is the cornerstone of Directive 89/552/EEC. Services 
that  comply  with  the  law  of  the  country  where  their  providers  are  established  may 
circulate  freely  within  the  Community  internal  market.  However,  Article  2a(2) 
allows  Member  States  to  take  safeguard  measures  where  a  television  broadcast 
coming  from  another  Member  State  manifestly,  seriously  and  gravely  infringes  the 
Directive's provisions on protection of minors or incitement to hatred. 

Pursuant to Article 3, Member States remain free to require media service providers 
under  their  jurisdiction  to  comply  with  more  detailed  or  stricter  rules  in  the  fields 
coordinated by the Directive. 

The  application  of  this  provision  gave  rise  to  a  sanction  procedure  by  the  Belgian 
CSA  (Conseil  Supérieur  de  l'Audiovisuel)  against  the  broadcasters  TVi  and  CLT-
UFA for the services RTL-TVi, Club RTL and Plug TV which were under Belgian 
licence until 31 December 2005 but also had a Luxembourg licence. On 15 January 
2009,  the  Belgian  Conseil  d'Etat  ruled  that  the  TWFD  clearly  states  that  only  one 
Member State may be competent regarding a broadcaster. It further noted that on 1 
January  2006,  the  channels  were  licensed  by  Luxembourg  and  therefore  fall  under 
Luxembourg's  jurisdiction.  By  requiring  an  authorisation  in  Belgium,  the  Belgian 
authorities had actually denied the validity of the licence issued by Luxembourg. 

New rules introduced by Directive 2007/65/EC (new Articles 2(4), 2a(4), 3(2 to 
5)) 

•  Safeguard measures in non-linear services (new Article 2a(4)) 

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In  respect  of  on-demand  audiovisual  media  services,  Article  2a(4)  introduces  the 
possibility for a Member State to take safeguard measures regarding the principle of 
freedom  of  reception  if  the  measures  are  necessary  to  protect  public  policy,  public 
health,  public  security  and  consumers.  Except  in  urgent  cases,  measures  must  be 
preceded  by  a  notification  to  the  competent  Member  State  and  to  the  Commission, 
and they have to be deemed compatible with Community law by the Commission. 

•  Circumvention  procedures  in  linear  and  non-linear  services  (new  Articles  3 

(2 to 5) and 3(8)) 

Pursuant to Article 3, Member States remain free to require media services providers 
under  their  jurisdiction  to  comply  with  more  detailed  or  stricter  rules  in  the  fields 
coordinated  by  the  Directive.  Where  a  Member  State  considers  that  a  broadcaster 
under the jurisdiction of another Member State provides a television broadcast which 
is  wholly  or  mostly  directed  towards  its  territory,  Article  3(2)  provides  for  a 
cooperation  procedure  between  the  competent  authorities  of  the  Member  States  of 
origin  and  of  destination.  In  the  absence  of  a  satisfactory  outcome,  when  the 
broadcaster has established itself in the Member State having jurisdiction in order to 
circumvent the stricter rules, the Member State of destination may take appropriate 
measures on condition that they are duly notified and are deemed by the Commission 
to be compatible with Community law. 

As regards on-demand services, there is no such provision in cases of circumvention 
of stricter national rules; however, the general principles developed by the Court of 
Justice also apply to these services7. 

•  Subsidiary jurisdiction criteria (new Article 2(4)) 

As  regards  the  application  of  subsidiary  criteria  for  the  determination  of  the 
competent  Member  State,  the  country  where  the  satellite  uplink  is  located  has  to 
exercise  jurisdiction  and  only  if  there  is  no  uplink  in  the  Community,  will  the 
Member State with the satellite capacity be responsible. 

To avoid cases of double jurisdiction or none at all, a simultaneous entry into force 
of national measures implementing Article 2(4) at the end of the transposition period 
was  agreed  at  the  25th  meeting  of  the  Contact  Committee  established  pursuant  to 
Article 23 bis of the Directive8. 

The Commission also proposed cooperation, by exchanging information with regard 
to satellite operators and uplinks to identify audiovisual media services affected. 

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Directive  2000/31/EC  Recital  (57):  The  Court  of  Justice  has  consistently  held  that  a  Member  State 
retains the right to take measures against a service provider that is established in another Member State 
but  directs  all  or  most  of  his  activity  to  the  territory  of  the  first  Member  State  if  the  choice  of 
establishment was made with a view to evading the legislation that would have applied to the provider 
had he been established on the territory of the first Member State. See notably cases C-212/97, Centros, 
9 March 1999, and C-196/04, Cadbury, 12 September 2008. 
See 2.7.1  

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2.2. 

Events of major importance for society (Article 3a /new Article 3j) 

Article 3a(1) TWFD provides that Member States may take measures to ensure that 
events  of  major  importance  for  society  are  not  broadcast  in  a  way  that  deprives  a 
substantial proportion of the public of the possibility of following such events on free 
television.  Under  Article  3a(2)  of  the  Directive,  the  Commission  must  verify  the 
compatibility of the measures with Community law. 

Following the judgment on the Infront WM AG/Commission case9, the Commission 
readopted  its  decisions  on  the  notified  measures  in  conformity  with  its  rules  on 
collegiate procedure, delegation and enforcement of decisions. The consolidated list 
of measures was published10. 

Following  the  Commission's  appeal,  the  Court  confirmed  the  first  judgment  and 
decided that Infront had standing to bring the request for annulment before the Court 
11. 

FIFA  and  UEFA  introduced  a  complaint  against  the  decisions  taken  by  the 
Commission on the Belgian and UK lists of major events12, concerning the inclusion 
of  the  entire  final  tournament  of  the  FIFA  World  Cup  and  UEFA  European 
Championship in the respective lists of major events. 

2.3. 

Short reporting (new Article 3k) 

Directive  2007/65/EC  introduced  a  new  provision  concerning  short  extracts  to  be 
used  in  news  programmes,  whereby  any  broadcaster  established  in  the  European 
Union has access to short extracts of events of high interest to the public broadcast 
on  an  exclusive  basis.  These  short  extracts  must  be  used  solely  for  general  news 
programmes. 

2.4. 

Promotion of European and independent works (Articles 4 and 5) 

Pursuant  to  Articles  4  and  5  of  the  TWFD,  broadcasters  are  obliged  to  reserve  for 
European  works  a  majority  proportion  of  their  qualifying  transmission  time. 
Broadcasters  must  also  reserve  at  least  10%  of  their  broadcasting  time  or 
programming budget for European works created by independent producers. 

On  22  July  2008,  the  Commission  adopted  the  eight  Communication  on  the 
application of Articles 4 and 5 of the TWFD covering the EU-25 over the reference 
period 2005-2006. 

EU-wide  average  broadcasting  time  for  European  works  increased  from  63.52%  in 
2005  to  65.05%  in  2006.  In  the  medium  term  (2003-2006),  the  broadcasting  of 
European works stabilised at above 63%, which demonstrates a satisfactory situation 
overall  for  the  transmission  of  European  works  on  EU  television  channels.  The 
average share of independent producers’ works broadcast by all European channels 

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Case T-33/01, Infront WM AG /Commission, 15 December 2005. 
OJ, C 17 of 24 January 2008, pages 7-10. 
Case C-125/06, 13 March 2008, Commission/Infront WM AG. 
Cases T- 385/07, T-55/08 and T-68/08. 

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in all Member States rose from 36.44% in 2005 to 37.59% in 2006. This also means 
that in the medium term (2003-2006), EU-wide broadcasting of European works by 
independent producers improved by 6.2 percentage points. 

New rules introduced by Directive 2007/65/EC (new Articles 1n) (i) third indent 
and 3i) 

For  non-linear  services,  Member  States  must  ensure  that  on-demand  audiovisual 
media  services  providers  promote,  where  practicable  and  by  appropriate  means  the 
production  of  and  access  to  European  works13.  Member  States  must  report  to  the 
Commission on the application of this provision within two years of the transposition 
date of the AVMSD and every four years thereafter. A report by the Commission on 
the application of this provision is also required. 

The  definition  of  European  works  is  also  extended  to  audiovisual  co-productions 
realised  with  third  countries  with  which  the  Community  has  concluded  agreements 
relating to the audiovisual sector and under the conditions laid down in each of such 
agreements. 

2.5. 

Application of the rules on advertising (Articles 10 to 20) 

In  its  ruling  regarding  the  classification  of  a  phone-in  programme  broadcast  by 
national public Austrian broadcaster ÖRF14, the Court explained that ‘teleshopping’ 
or  ‘television  advertising'  should  be  assessed  at  national  level  but  it  provided 
guidelines to assist with the interpretation of both concepts and their application. 

Accordingly, for phone-ins to qualify as teleshopping, viewers must be provided with 
a real offer of services, this being determined by reference to several criteria, such as 
the length of time devoted to the game, the amount of income generated by premium-
rate calls, and the type of question which the candidates are asked. 

For phone-ins to qualify as television advertising, adverts inviting viewers to play the 
game must seek either to encourage viewers to buy the goods and services presented 
as  prizes  to  be  won  or  to  promote  the  merits  of  the  channel  of  the  broadcaster  in 
question indirectly in the form of self-promotion. 

In  2007  and  2008,  following  the  reports  delivered  to  the  Commission  by  an 
independent consultant, concerning the application of the rules on advertising by the 
Member States, two infringement procedures were initiated, against Italy and Spain. 
The infringement procedure against Italy was launched regarding insertion rules and 
the  maximum  duration  of  advertising.  Several  instances  of  failure  to  transpose  the 
rules on advertising within Italian national law were also identified. On 12 December 
2007, the Commission sent a letter of formal notice to Italy. 

The Italian law was amended in order to guarantee the efficiency of the sanctioning 
procedure15 and to respect the insertion rules for advertising. 

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15 

Article 3i(1). 
C/195-06,  Kommunikationsbehörde  Austria  (KommAustria)/Österreichischer  Rundfunk  (ORF),18 
October 2007. 
http://www.parlamento.it/leggi/08101l.htm#conve. 

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The Italian regulator AGCOM also amended the Italian regulation on advertising by 
two decisions16 17, one on the minimum duration of teleshopping windows and self-
promotion  and  the  other  including  teleshopping  spots  in  the  hourly  advertising 
limit18. It also adopted an interpretative communication on advertising19. 

The report concerning Spain revealed several major and persistent possible breaches 
of the hourly advertising limit. On 11 July 2007 a letter of formal notice was sent to 
Spain20  and  on  6  May  2008  the  Commission  issued  a  reasoned  opinion  against 
Spain21. On 27 November 2008 the Commission decided to bring the case before the 
Court  of  Justice.  The  Spanish  authorities  and  the  Commission  differ  on  the 
interpretation  of  the  notions  of  "spot  advertisement"  and  "others  forms  of 
advertising", these notions being essential for the implementation of the hourly limit 
rules. Indeed, Spain's interpretation excludes several types from the hourly limit such 
as  telepromotion  spots,  micro-ad  spots  and  short  reports  having  the  objective  of 
advertising22.  Although  these  types  all  have,  in  the  Commission's  view,  the 
characteristics of advertising spots, they are subject to a separate hourly limit defined 
in national law. 

New  rules  introduced  by  Directive  2007/65/EC  (new  Articles  1(h),  1(m)  3e,  3f, 
3g, 10, 11, 18, 18a) 

Directive  2007/65/EC  introduces  the  general  concept  of  audiovisual  commercial 
communication  and  provides  for  a  basic  tier  of  rules  on  audiovisual  commercial 
communications in all audiovisual media services. 

As regards advertising, the daily ceiling on time devoted to advertising is withdrawn 
but  the  ceiling  of  12  minutes  per  clock  hour  is  kept.  The  former  20-minutes  rule 
between  each  advertising  break  no  longer  applies.  However,  a  specific  regime  of  a 
single  advertising  break  per  scheduled  period  of  30  minutes  still  applies  to 
cinematographic films, films made for television and news programmes. 

is  prohibited  but  may  be  admissible 

Product  placement  is  regulated  for  the  first  time.  As  a  matter  of  principle,  product 
placement 
in  some  programmes: 
cinematographic works, films and series made for audiovisual media services, sports 
programmes  and  light  entertainment  programmes  unless  a  Member  State  decides 
otherwise. Product placement consisting in the provision of goods or services for free 
such as production props or prizes is allowed in all types of programmes. Where it is 
allowed,  product  placement,  whether  paid  or  not,  must  comply  with  certain  rules, 
such as respect for the responsibility and editorial independence of the media service 
provider,  the  absence  of  encouragement  to  buy  or  rent  the  goods  or  services 
concerned, the absence of undue prominence and the obligation to inform viewers of 

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http://www.agcom.it/provv/d_162_07_CSP.htm. 
http://www.agcom.it/provv/d_12_08_CSP.htm. 
http://www.agcom.it/provv/d_133_08_CSP.htm. 
http://www.agcom.it/provv/d_211_08_CSP/d_211_08_CSP.htm. 
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/1062&format=HTML&aged=0 
&language=EN&guiLanguage=en 
http://www.europa.eu/rapid/pressReleasesAction.do?reference=IP/08/700&format=HTML&ag 
ed=0&language=EN&guiLanguage=en 
In Spanish, micro-espacios publicitarios and publireportages. 

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the  existence  of  product  placement.  In  any  event,  product  placement  for  tobacco 
products  (and  from  their  companies)  and  for  medicinal  products  or  medicinal 
treatments under prescription is prohibited. 

Lastly, Member States are asked to encourage the development of codes of conduct 
by  audiovisual  media  services  providers  regarding  inappropriate  audiovisual 
commercial communications in children's programmes for sweet, fatty or salty foods 
or drinks. 

2.6. 

Protection of minors and public order (Articles 2a, 22 and 22a /new Articles 2a, 
22 and 3b) 

Following three complaints from the Turkish Radio and Television Supreme Council 
(RTSC), the Danish Radio and Television Board (RTB) ruled in May 2007 that the 
programmes of the Kurdish broadcaster ROJ TV contained no incitement to hatred. 

In June 2008, the German Government banned all activities of ROJ TV in Germany 
for  breaching  criminal  law  through  its  support  of  the  terror-listed  PKK  (Kurdistan 
Workers  Party).  ROJ  TV  was  also  deemed  to  oppose  the  promotion  of  friendship 
between  nations,  endanger  public  security  and  public  order,  and  violate  human 
dignity. 

In November 2008, the German Government banned all activities of Al Manar TV in 
Germany  after  having  found  that  "The  purpose  and  activity  of  Al-Manar  TV  is  to 
support, advocate and call for the use of violence as a means to achieving political 
and  religious  aims".  The  ban  goes  beyond  the  prohibition  of  broadcasting  and 
retransmission  and  covers  all  forms  of  support  for  the  channel.  However,  since  Al 
Manar TV does not fall under the jurisdiction of any Member State, the provisions of 
the TWFD do not apply to this service. 

In December 2008, the French CSA (Conseil Supérieur de l'Audiovisuel) requested 
the  satellite  operator  Eutelsat  to  stop  the  infringement  of  the  French  regulation 
implementing  the  TWFD  by  the  Palestinian  broadcaster  Al-Aqsa  TV,  as  the  CSA 
found incitement to hatred in some of the programmes broadcast. 

New rules introduced by Directive 2007/65/EC (new Article 3h) 

Directive 2007/65/EC introduces a provision on the protection of minors as regards 
on-demand services, thereby ensuring that audiovisual media services whose content 
might seriously impair the physical, mental or moral development of minors are only 
made available in such a way that normally prevents minors from hearing or seeing 
such on-demand audiovisual media services23. 

23 

Other actions taken in the field of the protection of minors include a Communication on the protection 
of minors, in respect of the use of video games adopted by the Commission on 22 April 2008 (COM 
(2008) /0207 final, 22.04.2008). The Communication addresses several issues including the adoption by 
the Member States of the PEGI and PEGI On-line rating systems. 

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2.7. 

Coordination between national authorities and the Commission 

2.7.1.  Contact Committee24 meetings 

Meetings of the Contact Committee took place on 20 November 2007 (25th meeting), 
19  February  2008 (26th meeting), 16 April 2008 (27th  meeting),  18  June  2008  (28th 
meeting) and 16 December 2008 (29th meeting). The minutes of these meetings are 
posted on the Commission’s website25. 

The  Committee  followed  closely  the  process  of  transposing  the  newly  adopted 
Directive  in  the  Member  States.  It  discussed  all  the  new  provisions  with  regard  to 
possible  implementation  issues  like  future  transparency  requirements  and  reporting 
obligations.  Delegations  also  agreed  on  a  procedure  to  ensure  non-disruptive 
implementation of the changed subsidiary jurisdiction criteria. 

2.7.2.  Regulators' meetings 

Meetings with the regulators took place on 30 October 2007 and on 4 July 2008. The 
main purpose was to have an exchange of views on the new provisions contained in 
the  now  re-named  AVMSD  and  to  update  regulators  through  discussions  held  with 
the  Contact  Committee.  The  Commission  also  attended  as  observer  the  European 
Platform  of  Regulatory  Agencies  (EPRA)  meetings.  Article  23b  of  the  AVMSD 
reinforces  the  obligation  of  cooperation  between  Member  States  and  between  them 
and  the  Commission  through  their  respective  competent  independent  regulatory 
bodies. 

3. 

INTERNATIONAL ASPECTS 

3.1. 

Enlargement – prospects 

Croatia,  Turkey  and  the  Former  Yugoslav  Republic  of  Macedonia  are  candidate 
countries  for  membership  of  the  European  Union.  After  the  alignment  of  Croatian 
legislation with the TWFD, the Council of the European Union provisionally closed 
Chapter  10  of  the  accession  negotiations  on  information  society  and  media  on  18 
December  2008.  The  Council  decided  to  open  the  same  chapter  in  the  accession 
negotiations with Turkey on the same date on the basis of the compromise alignment 
of Turkish audiovisual legislation with European audiovisual legislation. 

As  regards  the  countries  of  the  Stabilisation  and  Association  process  (Albania, 
Bosnia  and  Herzegovina,  Montenegro  and  Serbia  as  well  as  Kosovo  under  UN 
Security Council Resolution 1244/99), the Commission is pursuing a strategy for the 
convergence  of  their  audiovisual  policies  with  European  media  standards,  in 
cooperation  with  the  Council  of  Europe.  The  Commission  monitors  the  process, 
paying  particular  attention  to  the  development  of  administrative  and  judicial 
capabilities. 

24 

25 

Pursuant  to  Article  23a  of  the  Directive,  a  contact  committee  composed  of  the  representatives  of  the 
competent  authorities  is  established  under  the  aegis  of  the  Commission.  Its  tasks  are  a.o  to  discuss 
issues regarding the implementation of the Directive. 
http://ec.europa.eu/comm/avpolicy/reg/tvwf/contact_comm/index_en.htm. 

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3.2. 

International framework for cultural diversity 

The Community has been taking steps to implement the UNESCO Convention on the 
protection  and  promotion  of  the  diversity  of  cultural  expressions  in  its  policies.  By 
extending the definition of European works to works co-produced in the framework 
of  agreements  related  to  the  audiovisual  sector  concluded  between  the  Community 
and  third  countries,  the  AVMSD  increases  openness  to  international  cooperation, 
with  the  aim  of  fostering  cultural  diversity  through  enhanced  opportunities  for  the 
circulation of audiovisual works. The Cultural Cooperation Protocol of the Economic 
Partnership  Agreement,  signed  with  14  Caribbean  countries  of  the  CARIFORUM 
group26  in  October  2008,  is  the  first  agreement  where  this  approach  has  been 
implemented. 

3.3. 

Cooperation with the Council of Europe  

On 14 May 2007, the European Commission and the Council of Europe presented a 
review on the draft digital broadcasting law of Albania. 

On  28  April  2008,  the  European  Commission  in  cooperation  with  the  Council  of 
Europe  and  OSCE  organised  an  expertise  workshop  on  the  independence  of  media 
and telecoms regulatory authorities in Sarajevo (Bosnia and Herzegovina). 

On 1 and 2 December 2008, the European Commission invited media stakeholders of 
the Western Balkans countries and Turkey to a seminar in Istanbul on the AVMSD 
and the digitalisation of television27. 

4. 

NEXT REPORT 

Article 26 of the re-named AVMSD stipulates that no later than 19 December 2011, 
and  every  three  years  thereafter,  the  Commission  must  submit  to  the  European 
Parliament, the Council and the European Economic and Social Committee a report 
on the application of this Directive and, if necessary, make further proposals to adapt 
it to developments in the field of audiovisual media services, in particular in the light 
of recent technological developments, the competitiveness of the sector and levels of 
media  literacy  in  all  Member  States28.  The  report  should  also  assess  the  issue  of 
television  advertising  accompanying  or  included  in  children's  programmes,  and  in 
particular  whether  the  quantitative  and  qualitative  rules  contained  in  the  Directive 
have  afforded  the  level  of  protection  required.  Therefore,  the  Member  States  will 
have  to  report  to  the  Commission  regarding  these  various  issues.  Furthermore,  the 
accessibility  of  audiovisual  media  services  to  people  with  a  visual  or  hearing 
disability and the co- and self-regulatory regimes should also be referred to. 

26 

27 
28 

i.e.  all  the  Caribbean  states  (except  Haiti)  which  are  members  of  CARICOM  (Antigua  &  Barbuda, 
Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts & Nevis, Saint 
Lucia, St. Vincent & The Grenadines, Suriname, Trinidad & Tobago) and the Dominican Republic. The 
Agreement was signed on 15 October 2008 with 13 of these countries. Guyana signed the Agreement 
on 20 October 2008. 
http://ec.europa.eu/avpolicy/ext/enlargement/index_en.htm 
To  this  end,  a  study  to  develop  criteria  for  assessing  media  literacy  levels  has  been  launched.  The 
contract was signed in October 2008 and the final report is due in July 2009. 

EN 

11 

   EN 

 
                                                 
5. 

CONCLUSIONS 

This report demonstrates that the Television without Frontiers Directive continues to 
function  as  an  effective  tool  to  ensure  the  free  circulation  of  broadcasting  services 
whilst  guaranteeing  an  appropriate  level  of  consumer  protection  and  promotion  of 
European works. The infringement procedures in connection with application of the 
advertising  rules  demonstrate  the  need  for  close  monitoring.  However,  as  stated  in 
the  previous  report,  the  legal  framework  needed  to  be  revised  in  order  to  address 
technological  evolution  and  changes  in  the  market.  The  adoption  of  Directive 
2007/65/CE, amending substantially the TWFD and modifying its title, responds to 
these  various  issues.  The  adequacy  of  this  new  instrument  will  continue  to  be 
monitored and will be addressed by the Commission in coming reports. 

EN 

12 

   EN