CELEX: 51989PC0247
Language: en
Date: 1989-05-26
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE COORDINATION OF CERTAIN PROVISIONS LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES CONCERNING THE PURSUIT OF TELEVISION BROADCASTING ACTIVITIES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM (89) 247     f i n a l - SYN 52
                                                          Brussels, 26     May 1989
                     Re-examined proposal for a
                          COUNCIL DIRECTIVE
         ON THE OOOPDINATICN OF CERTAIN PROVISIONS UJD           DOWN B Ï
       LAW, REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES
      CONCERNING THE PURSUIT OF TELEVISION BROADCASTING ACTIVITIES
  (presented by the Commission pu rsuant to A r t i c l e 149 2 , d , of the EEC Treaty)
 ---pagebreak---                 RE-EXAMINED PROPOSAL K B A COUNCIL DIRECTIVE
          ON THE OOQRDINATICN OF CERTAIN PROVISIONS IAID DOWN BY
         LAW, REGULATION OR AIWINISTRATIVE ACTION IN MEMBER STATES
       CONCERNING THE PURSUIT OF TELEVISION BROADCASTING ACTIVITIES
F^plamtOTY nonorajiliiin
1. On 30 April 1986 the Commission presented to the Council a proposal for
    a Directive on "television without frontiers".1
2.  The Economic and Social Committee delivered its opinion2 on the
    proposal on 1 July 1987 and Parliament delivered its opinion at its
    sitting on 20 January 1988.3
3. An amended proposal was drawn up to take account, as far as possible,
    of the opinions delivered by these two institutions.4 The Commission
    was able to accept practically all the amendments proposed by
    Parliament.
4.  On 13 April 1989 the Council adopted the common position,5! on which
    it delivered its reasoned opinion6 and on which the Commission
    commented.7
5. Parliament carried out its second reading of the proposal on
    24 May 1989 under the cooperation procedure and voted in favour of 16
    amendments. ®
1   0CM(86)146 final/2, OJ No C 179, 17.7.1986, p.4.
2   OJ No C 232, 31.8.1987, p.29.
3   OJ NO C 49, 20.1.1988, p.53.
4   C0M(88)154 final, OJ No C 110, 27.4.1988.
5   Council documents 5858/89 Of 10.4.1989 and 5858/89 COR of 13.4.1989.
6   Council document 5858/89 Add 1 of 13.4.1989.
7   SEC(89)595 final - SYN 52, 14.4.1989.
8   ...
 ---pagebreak---                                    - 2 -
6. This re-examined proposal for a Direotive incorporates, in accordance
    with Article 149(2)(d) of the EEC Treaty, amendments relating to the
    recitals, the proportion of transmission time reserved for European
    works, the proportion of transmission time reserved for Independent
    productions,advertising breaks, the amount of advertising and the
    scope of the Directive.
(a) As requested by Parliament, the 16th recital stipulates that Member
    States must ensure the prevention of any acts which may prove
    detrimental to freedom of movement and trade in broadcasts or which may
    promote the creation of. dominant positions which would lead to
    restrictions on pluralism and freedom of televised information and of
    the information sector as a whole.
(b) In order to take account of technical developments, Article 2(3) has
    been amended to ensure that the Directive also applies to television
    broadcasts which, while intended exclusively for reception in
    non^ommunity countries, may nevertheless be received directly or
    indirectly in one or more Member States.
(c) As requested by Parliament, the wording of Article 4 has been aligned,
    in all the language versions, on the Community law terminology in the
    EEC Treaty.
(d) The first sentence of the third subparagraph of Article 4(3) has been
    amended to ensure that the reports drawn up by the Member States on the
    application of the proportions laid down are also brought to
    Parliament's notice.
(e) Article 5 has been amended in two respects. Firstly, it now provides
    an additional stimulus to real investment in the independent production
    sector by supplementing the 10% proportion of transmission time
    earmarked for European works created by independent producers,
    excluding the time allocated to news, sports events, games, advertising
    and teletext services, by an alternative proportion of at least 10% of
    the programming budget.
 ---pagebreak---      Secondly, and with a similar aim in view, it is stipulated ihat, in
     order for the proportion envisaged to be reached, adequate account
     should be taken of recent works, i.e. those broadcast within a
     relatively short time after being produced. A relatively short time is
     deemed to be one which does not exceed five years.
(f ) The new version of Article 11(1) introduces criteria of. a general
     nature alongside those already contained in paragraph 1 or the common
     position without, however, affecting the detailed conditions governing
     the insertion of advertising during television broadcasts, which are
     contained in paragraphs 2 to 5. The overall balance of the Article has
     thus not been undermined, and the ability of Community television
     broadcasters to compete with those from nonHcaernber European countries
     has been safeguarded.
(g) The aim of the amendments made to paragraphs 3 and 5 of. Article 11 is
     to give legal expression to Parliament's and the Council's wish that
     the periods provided for in the two paragraphs should be calculated on
     the basis of the scheduled duration of programmes.
(h) By adding the words "notwithstanding the provisions of paragraph 1" to
     the beginning of paragraph 3 of Article 18, it has been made clear that
     the limit of one hour per day for the broadcasting of direct offers to
     the public for the sale, purchase or rental of products or for the
     provision of services applies cumulatively to the general provision in
     paragraph 1 of that Article, which limits to 20% of transmission time
     the entire advertising content of television programmes, including such
     forms of advertisements.
(i) The Commission has not incorporated a number of other major amendments
     requested by Parliament. While these were in keeping with the spirit
     of the Directive, they would have reintroduced constraints which would
     have jeopardized the rapid adoption of the Directive, whereas the
     current state of the European audio-visual industry and the rapid
     development of broadcasting and reception technologies necessitates the
     urgent adoption of measures, whether from the point of view of the free
     movement of programmes or of a policy for encouraging creativity,
     production and distribution. The system for monitoring
 ---pagebreak---                                - 4-
application of the Directive will enable the Community to evaluate the
progress made and to make any amendments to the Directive that may
prove necessary.
 ---pagebreak---                 Re-examined proposal for a Council Directive
                                                                         5T
            on the coordination of certain provisions laid dowr.
                by law, regulation or administrative action
                 in Member States concerning the pursuit of
                     television broadcasting activities
COMMON POSITION                        RE-EXAMINED PROPOSAL
Whereas it is essential for the        Whereas it is essential for
satisfactory implementation of this    Member States to ensure the
Directive to ensure the prevention     prevention of any acts which may
of any acts which may prove            prove detrimental to freedom of
detrimental to freedom of movement     movement and trade in television
and trade in broadcasts or which may   broadcasts or which may promote the
promote the creation of dominant       creation of dominant positions which
positions which would lead to          would lead to restrictions on
restrictions on pluralism and          plural ism and freedom of televised
freedom of televised information and   information and of the information
of the information sector as a         sector as a whole;
whole;
                           The remaining recitals,
                Article 1 and Article 2(1) and (2) unchanged
Article 2(3)                           Article 2(5)
3. This Directive shall not apply to   3. This Directive shall not apply to
broadcasts intended exclusively for    broadcasts intended exclusively for
reception in States other than         States other than Member States which
Member States.                         are not received directly or
                                       indirectly in one or more
                                       Member States.
                             Article 3 unchanged
 ---pagebreak---                                        - 2 -
OCMMON POSITION                           RE-EXAMINED PROPOSAL
Article 4(1)                              Article 4(1)
1. The Member States shall ensure,        1. The Member States shall ensure,
where practicable and by appropriate      where practicable and by appropriate
means, that broadcasters reserve for      means, that broadcasters reserve for
European works, within the meaning        European works, within the meaning of.
of Article 6, a majority proportion       Article 6, a majority proportion of
of their transmission time,               their transmission time, excluding
excluding the time appointed to           the time allocated to news, sports
news, sports events, games,               events, games, advertising and
advertising and teletext services.        teletext services. This proportion,
This proportion, having regard to         having regard to the broadcaster's
the broadcaster's informational,          informational, educational, cultural
educational, cultural and                 and entertainment responsibilities to
entertainment responsibilities to         its viewing public, should be
its viewing public, should be             achieved progressively, on the basis
achieved progressively, on the basis      of suitable criteria.
of suitable criteria.
                              Paragraph 2 unchanged
First senteiTPft of third FmriflXftgraph First sentence of third
of Article 4(g)                           of Article 4(g)
The Commission shall inform the           The Commission shall inform the other
other Member States of the reports,       Member States and the European
which shall be accompanied, where         Parliament of the reports, which
appropriate, by an opinion.               shall be accompanied, where
                                          appropriate, by an opinion.
               The rest of paragraph 3 and paragraph 4 unchanged
 ---pagebreak---                                     - 3                               4
OGMMÛN POSITION                        RE-EXAMINED PROPOSAL
Article 5                              Article 5
The Member States shall ensure,        The Member States shall ensure, wLare
where practicable and by appropriate   practicable and by appropriate &eaas,
means, tjjat broadcasters reserve at   that broadcasters reserve at least
least 10% of their transmission         10% of their transmission time,
time, excluding the time appointed     excluding the time allocated to news,
to news, sports events, games,         sports events, games, advertising and
advertising and teletext services,     teletext services, or, alternatively,
for European works created by          at least 10% of their mo^amming
producers who are Independent of       budget for European works created by
broadcasters. This proportion,         producers who are independent of
having regard to the broadcasters'     broadcasters. This proportion,
informational, educational, cultural   having regard to the broadcasters'
and entertainment responsibilities     informational, educational, cultural
to their viewing public, should be     and entertainment responsibilities to
achieved progressively, on the basis    their viewing public, should be
of suitable criteria.                  achieved progressively, on the basis
                                       of suitable criteria; it should be
                                       reached by allocating an adequate
                                       proportion to recent works, i.e.
                                        those produced a relatively short
                                        time before they are transmitted. A
                                       period of not more than five years
                                       shall be considered to be a
                                       relatively short time.
                     Articles 6, 7, 8, 9 and 10 unchanged
 ---pagebreak--- COMMON POSITION
                                     4 -
                                      RE-EXAMINED PROPOSAL
                                                                     ?
Article 11(1)                         Article lid)
1. Advertisements shall be inserted   1. Advertisements shall be inserted
between programmes- Provided the      between programmes. Provided the
conditions contained in paragraphs 2  conditions contained in paragraphs 2
to 5 of this Article are fulfilled,   to 5 of this Article are fulfilled,
advertisements may also be Inserted   advertisements may also be inserted
during programmes in such a way that  during programmes in such a way that
the integrity and value of the        the integrity and value of the
programme and the rights of. the      programme are not prejudiced i,n
rights holders are not prejudiced.    particular because the advertising
                                      coïncides with a natural break in the
                                      programme and the duration and nature
                                      of the programme are such as to
                                      permit that advertising break, and in
                                      such a form that the rights of the
                                      rights holders are not prejudiced.
                          Article 11(2) unchanged
3. The transmission of audiovisual    3. The transmission of audiovisual
works such as feature films and       works such as feature films and films
films made for television (excluding  made for television (excluding
series, serials, light entertainment  series, serials, light entertainment
programmes and documentaries),        programmes and documentaries),
provided their duration is more than  provided their scheduled duration is
45 minutes, may be interrupted once   more than 45 minutes, may be
for each complete period of.          interrupted once for each complete
45 minutes. A further interruption    period of 45 minutes. A further
is allowed if their duration is at    interruption is allowed if their
least 20 minutes longer than two or   scheduled duration is at least
more complete periods of 45 minutes.  20 minutes longer than two or more
                                      complete periods of 45 minutes.
                           Paragraph 4 unchanged
 ---pagebreak---                                     - 5                                  S
OCMMCN POSITICN                        RE-EXAMINED PROPOSAL
5. Advertisements shall not be         5. Advertisements shall not l>e
inserted in any broadcast of a         inserted in any broadcast of a
religious service. News and current    religious service. News and current
affairs programmes, documentaries,     affairs programmes, dccumentari^s,
religious,,programmes, and children's  religious programmes ard children's
programmes; when they are of less      programmes, when they are of less
than 30 minutes' duration, shall not   than 30 minutes' scheduled duration,
be interrupted by advertisements.      shall not be interrupted by
If they last for 30 minutes or         advertisements. If they are
longer, the provisions of the          scheduled to last for 30 minutes or
previous paragraphs shall apply.       longer, the provisions of the
                                       previous paragraphs shall apply.
        Articles 12, 13, 14, 15, 16, 17 and 18(1) and (2) unchanged
Article ia(3)                          Article 18(g)
3. Forms of. advertisements such as    3. Notwithstanding the provisions of
direct offers to the public for the    paragraph 1, forms of. advertisements
sale, purchase or rental of. products  such as direct offers to the public
or for the provision of services        for the sale, purchase or rental of
shall not exceed one hour per day.     products or for the provision of
                                       services shall not exceed one hour
                                       per day.
          Articles 19, 20, 21, 22, 23, 24, 25, 26 and 27 unchanged
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 247 final
Re-examined proposal for a
COUNCIL DIRECTIVE
on the coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the pursuit of televi-
sion broadcasting activities
(presented by the Commission pursuant to Article 149{2)(d) of the EEC
Treaty
26.5.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 10 pp. - Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-50067-0
Catalogue number: CB-C0-39-210-EN-C
 ---pagebreak---                                              ISSN 0254-1475
COM(89) 247 final
DOCUMENTS
Re-examined proposal for a
COUNCIL DIRECTIVE
on the coordination of certain provisions laid
down by law, regulation or administrative action
in Member States concerning the pursuit of
television broadcasting activities
(presented by the Commission pursuant to
Article 149(2)(d) of the EEC Treaty
06      17                                 26.5.1989
Catalogue number: CB-CO-89-210-EN-C
ISBN 92-77-50067-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES