Conciliation Committee Adopts Joint Text
The Conciliation Committee has adopted the joint text on revision of the 1989 Directive on the coordination of certain provisions laid down by law, regulation or administrative action in the Member States concerning the pursuit of television broadcasting
The Conciliation Committee has adopted the joint text on revision of the 1989 Directive on the coordination of certain provisions laid down by law, regulation or administrative action in the Member States concerning the pursuit of television broadcasting activities – commonly known as the Television Without Frontiers Directive, which sets the legal framework for television broadcasting in the single market. The quota principle (ie, wherever possible each MS will take appropriate steps to ensure that television companies set aside the larger part of broadcasting time for European works) has not changed but the new text takes account of market trends, especially those due to technological advances. The scope of the Directive remains the same: point to multipoint broadcasting services. The new point to point services are dealt with in a separate Green Paper. The Conciliation Committee reached a compromise in three areas that Parliament considered a priority at second reading: free television access to major events, V-chips, and a definition of independent producers.
Broadcasting of major events (Article 3a)
Parliament felt it was important that a large section of the public should not be deprived of free access to broadcasts of major events. The principle of mutual recognition was accepted. It will be the responsibility of each state to designate “in due and effective time” a list of “national or non-national” events (eg the Olympic Games, the football World Cup and the European football championship). It will also decide whether these events should be “available via whole or partial live coverage or where necessary or appropriate, for objective reasons, in the public interest, whole or partial deferred coverage”. For example, if the UK did not put Wimbledon on its list but France did, then the broadcasting rights could be bought by a British encoded channel but the event could be freely broadcast by public and private French channels. The Member States must notify their list to the Commission, which will check whether the measures are compatible with Community law and communicate them to the other Member States. It will publish the measures in the Official Journal and at least once a year a consolidated list of the measures taken by the Member States. Finally the directive lists certain criteria that should be taken into account to establish that an event is
“of major importance for society”, eg outstanding events that are of interest to the general public in the Union or in a given Member State or in an important component part of a given Member State and are organized in advance by an event organiser who is in a legal position to sell the rights pertaining to that event.
The V-chip (Article 22b)
Parliament initially sought that any new television should be required to incorporate a filtering device. Ultimately it was decided that within one year the Commission – in liaison with the competent Member State authorities – would conduct an investigation of the possible advantages and drawbacks of measures to facilitate parental control. The study will involve, inter alia, establishing appropriate rating systems, encouraging family viewing policies and other educational and awareness measures.
Independent producers (Recital 26)
Parliament thought it important to stress the support the Community should give to independent producers to encourage the production of European works. It was therefore important for the Member States to define the term “independent producer”. The Directive states that MS should take appropriate account of criteria such as the ownership of the production company, the amount of programmes supplied to the same broadcaster and the ownership of secondary rights.
Other compromises
Broadcasting in languages other than those of the Member States
The provisions on quotas (Article 4) and independent producers (Article 5) do not apply to channels that broadcast in such languages or the parts of a programme in which they are used.
Pluralism and competition (Recital 39)
The Directive states that MS should safeguard pluralism and competition in broadcasting by avoiding the establishment or strengthening of dominant positions by mergers, agreements, acquisitions and similar initiatives.
Support for European production (Recitals 21 and 40)
The Directive recalls that the Commission has proposed that production of European works should also be promoted by a Community mechanism such as a Guarantee Fund. This objective can also be pursued in the Member States in the organisation of their broadcasting
services through the definition of a public interest mission for certain broadcasting organisations including the obligation to contribute substantially to investment in European production.
Agreed periods for broadcasting cinematographic works (Article 7)
The periods should be those agreed with the rightholders.
The tasks of the contact committee (Article 23a)
The Directive makes provision for the creation of a contact committee consisting of representatives of the MS. Its tasks include facilitation of effective implementation of the directive. Parliament felt it important that the committee should also be able to assess implementation of the Directive. The compromise text stated that it could also deliver opinions, on its own initiative or when asked by the Commission, on the application by the MS of the provisions of the Directive. The Commission undertook to inform Parliament of the work of the contact committee.