A4-0143/95

Proposal for a Council Decision on a programme to promote the development and distribution of European audiovisual works (Media II - Development and Distribution) (1996-2000) (COM(94)0523 - C4-0158/95 - 95/0027(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 1

>Original text>

Having regard to the Treaty establishing the European Community, and in particular Article 130(3) thereof,

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular Articles 130(3) and 128 thereof,

(Amendment 2)

Recital 12

>Original text>

Whereas experience from the Media programme has shown that action is needed both before and after production; whereas companies in the sector, in particular small and medium-sized businesses, should be strengthened and cooperation between distributors/broadcasters and producers should be encouraged;

>Text following EP vote>

Whereas experience from the Media programme has shown that action is needed both before and after production, that the main challenge facing the European film industry is reaching the cinema screen and that the showing of European films in cinemas should be promoted further; whereas companies in the sector, in particular small and medium-sized businesses, should be strengthened by encouraging distributors to increase their budgets for promotion and making copies; whereas cooperation between distributors/broadcasters and producers should be encouraged, with due consideration being given to the specific situation of independent producers, group producers and producers in the public sector;

(Amendment 4)

Recital 12a (new)

>Text following EP vote>

Whereas the process of opening up the Media programme to Cyprus, Malta and the Central and Eastern European countries must be continued and stepped up;

(Amendment 5)

Recital 12b (new)

>Text following EP vote>

Whereas cooperation between distributors, broadcasters and producers should be encouraged and support should be given to concerted action to promote common programming measures at national and European levels;

(Amendment 6)

Recital 12c (new)

>Text following EP vote>

Whereas the Community principles of cohesion and affirmation of Europe's identity and diversity call for positive discrimination in favour of countries with a low production capacity or minority languages;

(Amendment 7)

Recital 13

>Original text>

Whereas the emergence of a European audiovisual market requires the development of 'European works', which means works from Member States of the European Union as defined in Article 6 of Directive 89/552/EEC;

>Text following EP vote>

Whereas the emergence of a European audiovisual market requires the development of 'European works', which means works from Member States of the European Union as defined in Article 6 of Directive 89/552/EEC, including works produced under cooperation agreements between Member States of the European Union and other European countries, based on the provisions of bilateral co-production agreements and trilateral financial co-production agreements;

(Amendment 8)

Recital 14

>Original text>

Whereas the competitiveness of the audiovisual programme industry requires utilization of new technologies at the programme development stage;

>Text following EP vote>

Whereas the competitiveness of the audiovisual programme industry requires utilization of new technologies and new know-how at the programme development stage and when defining transmission arrangements;

(Amendment 9)

Recital 15a (new)

>Text following EP vote>

Whereas, in response to competition from the USA, it is necessary to ensure that European films are screened widely and almost simultaneously in all European countries (including the Central and Eastern European countries);

(Amendment 10)

Recital 16 *

>Original text>

Whereas there is a need for improvement in the television broadcasting prospects of European works;

>Text following EP vote>

Whereas there is a need for improvement in the television broadcasting and cinema screening prospects of European works, with particular attention being paid to works from Member States with a low production capacity and/or a limited geographical and language area, and, in the cases of co-productions, steps being taken to ensure that operating rights are distributed in such a way as to reflect the financial contribution of the individual television companies concerned;

* N.B. This recital has been omitted in the

English version of the Official Journal

(Amendment 11)

Recital 16a (new)

>Text following EP vote>

Whereas public and private broadcasting stations play a fundamental role in the production, distribution and, above all, circulation of European works;

(Amendment 12)

Recital 17a (new)

>Text following EP vote>

Whereas the profitability and competitiveness of the audiovisual industry on the European and world market depends to a substantial degree on the compilation of catalogues of rights to European works, which may be exploited on the cinema market, on TV and video and on all the new media created through the development of multimedia technology;

(Amendment 13)

Recital 17b (new)

>Text following EP vote>

Whereas this should also take the form of support for small, local, independent cinemas which mainly offer a European programme;

(Amendment 14)

Recital 17c (new)

>Text following EP vote>

Whereas the effectiveness of film archives and their ability to respond to the requirements of the programme market should be improved;

(Amendment 15)

Recital 17d (new)

>Text following EP vote>

Whereas there is a need for audiovisual producers to be assisted with high-risk investment in the development of audiovisual programmes;

(Amendment 16)

Recital 18

>Original text>

Whereas the development of the European audiovisual industry requires mechanisms capable of attracting public and private resources;

>Text following EP vote>

Deleted

(Amendment 17)

Recital 19

>Original text>

Whereas support for development and distribution should take account of structural objectives such as developing the independent production industry, in particular small and medium-sized businesses, and developing potential where audiovisual production capacity is low, such as in small countries or regions with less widely spoken languages;

>Text following EP vote>

Whereas support for development, distribution and screening should take account of structural objectives such as developing the independent production industry, in particular small and medium-sized businesses, developing potential where audio-visual capacity is low, such as in small countries or regions with less widely spoken languages, and ensuring that the population of Europe has access to cinemas which are committed to screening a high proportion of European films;

(Amendment 18)

Recital 19a (new)

>Text following EP vote>

Whereas, with a view to protecting Europe's cultural diversity, due account must be taken of the specific needs of the Union's smaller Member States, inter alia by aiding producers and distributors with the dubbing and subtitling of films, the purchase of rights and the compilation of catalogues;

(Amendment 19)

Recital 19b (new)

>Text following EP vote>

Whereas a modus vivendi between the European Parliament, the Council and the Commission as regards measures to implement acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was adopted on 20 December 1994;

(Amendment 20)

Recital 19c (new)

>Text following EP vote>

Whereas this Decision establishes for the complete duration of the programme a financial framework which shall constitute the principal point of reference for the budgetary authority during the annual budgetary procedure, within the meaning of the declaration by the European Parliament, the Council and the Commission of 6 March 1995;

(Amendment 22)

Article 1

>Original text>

A programme to promote the development and distribution of European audiovisual works (hereinafter referred to as 'the programme¨), to run for 5 years from 1 January 1996, is hereby adopted for the purpose of strengthening the European audiovisual industry, in particular in the areas of development and distribution.

>Text following EP vote>

A programme to promote the development, distribution and screening of European audiovisual works (hereinafter referred to as 'the programme¨), to run for 5 years from 1 January 1996, is hereby adopted for the purpose of strengthening the European audiovisual industry, in particular in the areas of development, distribution and screening, with special attention being paid to structures originating in regions with a low production capacity and projects promoting cultural diversity, and with particular regard to cinema films.

(Amendment 23)

Article 2(1)

>Original text>

1. as regards development:

>Text following EP vote>

1. as regards development:

>Original text>

- to promote the development of production projects aimed at the European and world market and to support companies capable of developing such projects;

>Text following EP vote>

- to promote the development of production projects aimed at the European and world market and to support companies capable of developing such projects, particularly SMEs;

>Original text>

- to develop production projects that make use of new creative techniques and to support companies capable of developing such projects;

>Text following EP vote>

- to promote the development of projects in the animation sector and production projects that make use of new creative techniques, including multi-media, and to support companies capable of developing such projects, principally SMEs, and to encourage their networking;

>Text following EP vote>

- to promote projects to conserve and restore collections of European films for use on the programme market and to support organizations capable of developing such projects;

>Text following EP vote>

- to promote projects to restore, catalogue and exploit existing European audiovisual works and to support institutions and companies capable of developing such projects;

(Amendment 26)

Article 2(2)

>Original text>

2. as regards distribution:

- to encourage European distributors to invest in cinema film production and to set up cross-border structures to distribute the films;

- to encourage television companies to cooperate in investing in the production of works aimed at the European and world market and to set up cross-border structures to transmit those works;

- to support linguistic diversity of programmes;

- to stimulate access to commercial events promoting European productions, in particular independent ones.

>Text following EP vote>

2. as regards distribution and in conjunction with the existing instruments:

- to promote the buy-back of distribution rights and encourage European distributors to invest, by virtue of Community and trans-European distribution strategies, in European cinema film production (fiction, documentaries, animation, full-length and short films) and to set up cross- border structures and networks (including cinemas), principally SMEs, to transmit those works simultaneously throughout the countries of Europe, including Central and Eastern Europe, as soon as they are issued;

>Text following EP vote>

- to provide support for cinemas and to encourage operators to disseminate information on European cinematography to the general public and achieve a significant level of European programming, inter alia through the simultaneous or programmed release of judiciously selected works;

>Text following EP vote>

- to support small local and independent cinemas which are not part of a chain or complex and which show mainly European films;

>Text following EP vote>

- to encourage television channels to cooperate in investing in the production of works, including TV fiction, series and cinema films, aimed at the European and world market and to set up cross-border structures to transmit those works;

>Text following EP vote>

- to support linguistic diversity of programmes;

>Text following EP vote>

- to stimulate access to commercial events promoting European productions, in particular access to productions by SMEs and cinema film productions, as well as a distribution company in the form of an SME, in particular independent ones, and productions from Member States with a small production capacity or minority languages;

>Text following EP vote>

- to encourage and maintain the European cinema network by promoting trans- European distribution and majority programming of European works; to give support to the modernization of existing cinemas, possibly by financing infrastructures from the Structural Funds;

>Text following EP vote>

- to support the establishment of a network of European databases and catalogues of archived works so as to facilitate the distribution of such works on European and world markets;

>Text following EP vote>

- to encourage television companies to distribute works produced in another European country taking part in the Media II programme;

(Amendment 27)

Article 2(2), indent 4a (new)

>Text following EP vote>

- to introduce measures to encourage distributors to coordinate releases at European level by intervening:

>Text following EP vote>

- at the production stage, to enable them to come together to purchase the rights to a film prior to its release onto the market;

>Text following EP vote>

- at the transmission stage, to encourage coordinated promotion campaigns and associations between several distribution companies based in different countries.

(Amendment 28)

Article 2(2), indent 4b (new)

>Text following EP vote>

- to encourage distributors to increase the budgetary resources allocated to promotion and the making of copies with a view to supplying as many cinemas as possible within the first week of a film's release;

(Amendment 29)

Article 2(2), indent 4c (new)

>Text following EP vote>

- to make provision for a system of support to be provided to distributors' networks and to be re-invested in the distribution of new European films with a view to their promotion (marketing, copying etc.);

(Amendment 30)

Article 2(2), indent 4d (new)

>Text following EP vote>

- to promote television broadcasts in several countries through subsidies for the resale of production rights to the producers and to television broadcasters;

(Amendment 31)

Article 2(2), indent 4e (new)

>Text following EP vote>

- to provide support for the initial outlay for distribution, and to promote the making of copies and advertising or marketing measures for film productions from small countries;

(Amendment 32)

Article 2(2), indent 4f (new)

>Text following EP vote>

- to promote a European cinema network to support harmonized distribution measures;

(Amendment 33)

Article 2(2), indent 4g (new)

>Text following EP vote>

- to promote the creation of European data networks and catalogues to facilitate access to the European and international market for preserved works;

(Amendment 34)

Article 2(2), indent 4h (new)

>Text following EP vote>

- to develop the potential of the small countries or regions with less widely spoken languages, where audiovisual production capacity is low.

(Amendment 35)

Article 2, second paragraph (new)

>Text following EP vote>

For the achievement of the aims defined above particular attention should be paid to the specific needs of the small countries or regions with less widely spoken languages, where audiovisual production capacity is low.

(Amendment 59)

Article 2, third paragraph (new)

>Text following EP vote>

Programmes or projects must be European works within the definition of Article 6 of the Television Without Frontiers Directive (89/552/EEC). They may be from any provider, so long as there is appropriate and due regard to the EU's policies on:

>Text following EP vote>

- plurality of production sourcing

- regional policy

- development of SMEs

- encouragement of countries and areas of low audiovisual production capacity or restricted language area.

>Text following EP vote>

Preference shall be given to programmes or projects which, while contributing to the increased circulation of programmes within Europe and thereby reducing the dependence on imports from outside the EU, can also be shown to have potential for earning export revenue in non-EU markets.

(Amendment 36)

Article 3a (new)

>Text following EP vote>

When implementing the programme the Community shall endeavour to help promote cooperation with audiovisual professionals in Cyprus and Malta and in the Central and Eastern European countries.

(Amendment 37)

Article 4

>Original text>

As a rule, beneficiaries of Community support working on the implementation of the measures laid down in Article 3 must provide a significant proportion of the funding; Community funding shall not exceed 50% of the cost of operations.

>Text following EP vote>

As a rule, beneficiaries of Community support working on the implementation of the measures laid down in Article 3 must provide a significant proportion of the funding; Community funding shall not exceed 50% of the cost of operations, with the exception of Member States with a low production capacity and a limited geographical and/or language area, where it shall not exceed 75%.

>Text following EP vote>

The budgetary authority shall determine the appropriations available for each financial year in accordance with the principle of sound management laid down in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.

(Amendment 38)

Article 5

>Original text>

Financial support under the Programme may be granted in the form of loans, repayable advances or subsidies. The repayments under the Programme, together with the repayments from operations under MEDIA (1991-95), will provide the funds for financial instruments to mobilize public and private financing for European audiovisual production.

>Text following EP vote>

Financial support under the Programme may be granted in the form of loans, repayable advances, guarantees on receipts or subsidies. The repayments under the Programme, together with the repayments from operations under MEDIA (1991- 95), will provide the funds for financial instruments to mobilize public and private financing for European audiovisual production in addition to the initial Community allocation.

(Amendment 39)

Article 6

>Original text>

1. The Commission shall be responsible for implementation of the programme.

>Text following EP vote>

1. The Commission shall implement and monitor the Programme being conducted in a decentralized form.

>Original text>

2. The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Text following EP vote>

2. The Commission shall be assisted by a committee of an advisory nature composed of representatives of the Member States representing their cultural diversity and of representatives of the profession, and chaired by the representative of the Commission.

In accordance with the provisions laid down in the modus vivendi of 20 December 1994 and the associated procedures, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Original text>

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its opinion recorded in the minutes.

>Text following EP vote>

The opinion shall be recorded in the minutes; in addition, each member of the Committee shall have the right to ask for his position to be recorded in the minutes.

>Original text>

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

>Text following EP vote>

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

>Original text>

3. The draft proposals for measures to be taken by the Commission, as referred to in paragraph 2, shall principally cover the following:

>Text following EP vote>

3. The draft proposals for measures to be taken by the Commission, as referred to in paragraph 2, shall principally cover the following:

>Original text>

- arrangements for budget implementation for the programme,

>Text following EP vote>

- arrangements for monitoring compliance with basic financial rules,

>Original text>

- arrangements for implementation of the operations set out in the Annex,

>Text following EP vote>

- arrangements for implementation of the operations set out in the Annex,

>Original text>

- arrangements for monitoring and evaluating the operations.

>Text following EP vote>

- arrangements for monitoring and evaluating the operations.

(Amendment 60)

Article 6a (new)

>Text following EP vote>

Article 6a

>Text following EP vote>

During the setting-up stage of the programme, the Commission shall ensure that the most effective use is made of the experience acquired with the 1990-95 MEDIA programme.

>Text following EP vote>

When the public and transparent procedures for implementing the programme are opened, the participation of all projects meeting the aims set forth in the MEDIA II programme in the selection will be ensured.

(Amendment 40)

Article 7(-1) (new)

>Text following EP vote>

Prior to the commencement of the Programme, the Commission shall notify the European Parliament of the projects selected with a view to its execution.

(Amendment 41)

Article 7

>Original text>

Within the six months following the first three years of the Programme's implementation, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the results achieved, with proposals if appropriate.

>Text following EP vote>

Following the first three years of the Programme's implementation, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the results achieved, with proposals if appropriate.

>Original text>

When the Programme has run its full term, the Commission shall submit a report on the implementation and results of the Programme to the European Parliament and the Economic and Social Committee.

>Text following EP vote>

When the Programme has run its full term, the Commission shall submit a report on the implementation and results of the Programme to the European Parliament and the Economic and Social Committee.

>Text following EP vote>

This report shall in particular show the added value created on the basis of the financial support provided by the Community and the impact on the creation of jobs.

(Amendment 42)

ANNEX (1), first paragraph

>Original text>

The Programme is intended to enhance the competitiveness of the European audiovisual industry on the European and world market by supporting the development of works with genuine commercial potential and the creation and strengthening of cross-border distribution and transmission networks.

>Text following EP vote>

The Programme is intended to enhance the competitiveness of the European audiovisual industry on the European and world market by supporting the development of works with genuine commercial and artistic potential and the creation and strengthening of cross-border distribution and transmission networks, principally through SMEs.

(Amendment 43)

ANNEX (1.1)

>Original text>

Improving development opportunities (preproduction) for drama, animation and documentaries with a view to access to the European and world market by:

>Text following EP vote>

Improving development opportunities (preproduction) for drama, animation and documentaries with a view to access to the European and world market, principally through SMEs, by:

>Original text>

- supporting the development of drama, documentaries and animation (cinema and television) aimed at a European and world audience, in particular by promoting improvement in screenplay techniques;

>Text following EP vote>

- supporting the development of drama, documentaries and animation (cinema and television) aimed at a European and world audience through the provision of technical assistance in respect of writing techniques (workshops, team of screenplay writers, etc.) and financing;

>Original text>

- supporting companies that have development project packages with European and world market potential;

>Text following EP vote>

- supporting companies that have development project packages with European and world market potential without confusing commercial viability with definition of the work;

>Original text>

- encouraging networking of companies with joint development projects aimed at the European and world market.

>Text following EP vote>

- encouraging networking of companies in particular in the animation and new technologies sector with joint development projects aimed at the European and world market;

>Text following EP vote>

- encouraging the conservation and restoration of collections of European films taking account of their potential use in European and world markets.

(Amendment 44)

ANNEX (1.2.1)

>Original text>

Improving film and video distribution for European works with high circulation potential on the European and world market by:

>Text following EP vote>

Improving film and video distribution for European works with high circulation potential on the European and world market, principally through SMEs, by:

>Original text>

- supporting the introduction of European distribution mechanisms encouraging distributors to contribute to funding production of works with commercial potential on the European and world market;

>Text following EP vote>

- supporting the introduction of European distribution mechanisms encouraging producers, distributors and operators to improve the prospects for cross- border release of cinema films (copying, promotion and marketing of European films) and cinema screening of European films;

>Original text>

- promoting networking of European distributors with joint commercial strategies on the European and world market.

>Text following EP vote>

- supporting linguistic diversity (dubbing and subtitling), particularly with a view to supporting audiovisual production in countries with a low production capacity and/or a limited geographical and language area;

>Text following EP vote>

- encouraging the establishment of databases and catalogues to facilitate the distribution of European works on European and world markets;

>Text following EP vote>

- supporting small, local independent cinemas which do not belong to a chain or group of cinemas and which mainly show European productions.

(Amendment 45)

ANNEX (1.2.2), indents

>Original text>

- introducing a mechanism encouraging television companies to contribute to the financing of works with high circulation potential made by independent production companies and to distribute them on the European market,

>Text following EP vote>

- introducing a mechanism encouraging television companies to contribute to the financing of works with high circulation potential made by independent production companies and to distribute them on the European market. These incentives may be achieved through the participation of television companies in the financial aid provided through the Media II programme, while at the same time maintaining the possibility of a contractual agreement for an appropriate distribution of rights;

>Original text>

- supporting linguistic diversity by means of dubbing, subtitling and multilingual production;

>Text following EP vote>

- supporting linguistic diversity by means of dubbing, subtitling and multilingual production;

>Text following EP vote>

- supporting the financing of works with high circulation potential produced by independent production companies;

>Text following EP vote>

- encouraging the purchase of rights held by independent companies, with a view to compiling catalogues;

>Text following EP vote>

- introducing a mechanism encouraging television companies to broadcast such works;

>Text following EP vote>

- introducing a mechanism for the broadcasting of non-national European works by the television companies;

>Text following EP vote>

- introducing a mechanism encouraging television companies to broadcast works produced in another European state involved in the Media II programme.

(Amendment 46)

ANNEX (1.2.3)

>Original text>

Improving access for independent producers and distributors to the European and world market by operating services and promotional activities at commercial events, such as markets, fairs and festivals, organized at European and international level.

>Text following EP vote>

Improving access for independent producers and distributors to the European and world market by operating services and promotional activities at commercial events, such as markets, fairs and festivals, organized at European and international level, particularly by means of SMEs, and supporting preliminary distribution costs and distribution networks with a view to joint trans-European distribution strategies.

(Amendment 47)

ANNEX (2.1)

>Original text>

In implementing the Programme, the Commission will work closely with the public authorities that handle support for the audiovisual industry in the Member States of the Union in order to ensure that the operations complement each other fully in accordance with the principle of subsidiarity. The Commission will see to it that there is a good geographical spread among the professionals participating in the Programme and that Europe's cultural diversity is reflected.

>Text following EP vote>

In implementing the Programme, the Commission will work closely with the public authorities that handle support for the audiovisual industry in the Member States of the Union in order to ensure that the operations complement each other fully in accordance with the principle of subsidiarity. It shall consult the parties concerned. The Commission will see to it that there is a good geographical spread among the professionals participating in the Programme and that Europe's cultural diversity is reflected, paying particular attention to the specific needs of countries with a small production capacity and a limited language and geographical area and to the development of the independent production sector and in particular SMEs. The Commission shall also ensure that the Media II programme is complementary to the operation of a European guarantee fund to be set up which will serve to promote the production of cinema and television films to be marketed on a European scale.

(Amendment 48)

ANNEX (2.2), second subparagraph

>Original text>

In either instance, Community outlay shall not exceed 50% of the costs and shall be granted in the form of repayable advances. The remainder will be provided by the industry.

>Text following EP vote>

In either instance, Community outlay shall not exceed 50% (or in some cases, 75%, for productions from Member States with a limited geographical and/or language area) of the costs and shall be granted in the form of repayable advances. The remainder will be provided by the industry.

(Amendment 49)

ANNEX (2.2), second subparagraph a (new)

>Text following EP vote>

Community support for the linguistic diversity and conservation and restoration of works will be granted in the form of subsidies.

(Amendment 50)

ANNEX (2.3), subparagraphs 1 and 2

>Original text>

In implementing the programme the Commission will be assisted by two contractors capable of coordinating the performance of the tasks laid down in the action plan;

One contractor will handle development, the other distribution as follows:

>Text following EP vote>

In implementing the programme the Commission will be assisted by decentralized projects, which will coordinate the performance of the tasks laid down in the action plan. These projects will operate in the areas of development and distribution:

>Original text>

Development:

>Text following EP vote>

Development:

>Original text>

- development of drama, animation films and series, and documentaries; and support to companies;

>Text following EP vote>

- development of drama, animation films and series, and documentaries; and support to companies;

>Original text>

- development of programmes using advanced creative technologies;

>Text following EP vote>

- development of programmes using advanced creative technologies;

>Text following EP vote>

- development of projects to conserve and restore film collections;

>Original text>

Distribution:

>Text following EP vote>

Distribution:

>Original text>

- film and video distribution on the European market;

>Text following EP vote>

- film and video distribution on the European market;

>Original text>

- broadcasting of television programmes on the European market;

>Text following EP vote>

- broadcasting of television programmes on the European market;

>Original text>

- promotion of access for independent productions to the European and world market.

>Text following EP vote>

- promotion of access for independent productions to the European and world market;

>Text following EP vote>

- establishment of and support for European networks of cinemas promoting trans-European circulation and majority programming of European works, with bonuses for programming of non-national works;

>Text following EP vote>

- support for the establishment of networks of European databases and catalogues.

(Amendment 51)

ANNEX (2.3) subparagraph 2, indent 3a (new)

>Text following EP vote>

- establishment of European data bases and catalogues,

(Amendment 52)

ANNEX (2.3), subparagraph 2, indent 3b (new)

>Text following EP vote>

- support for operators who organize meetings between film makers, actors and audiences in cinemas, to promote closer links between film makers and audiences and Europe and its citizens.

(Amendment 53)

ANNEX (2.3), subparagraph 3

>Original text>

The contractors will be selected by tender.

>Text following EP vote>

The projects will be selected by tender.

(Amendment 54)

ANNEX (2.3), subparagraph 4

>Original text>

The Commission will draw up terms and conditions for each of the contractors specifying how the tasks laid down in the action plan are to be implemented.

>Text following EP vote>

The Commission will draw up terms and conditions for the projects specifying how the tasks laid down in the action plan are to be implemented.

(Amendment 55)

ANNEX (2.3), subparagraph 5

>Original text>

The contractors will manage, on behalf of the Commission, the resources allocated to them for the purpose of stimulating development and distribution in the audio-visual industry. Resources will be conveyed to audiovisual project promoters in the form of repayable advance or of loans.

>Text following EP vote>

The projects will manage, on behalf of the Commission, the resources allocated to them for the purpose of stimulating development and distribution in the audio-visual industry. Resources will be conveyed to the recipients in the form of repayable advance or of loans.

(Amendment 56)

ANNEX (2.3), subparagraph 6

>Original text>

The contractors must be general- interest non-profit-making bodies.

>Text following EP vote>

The projects must be general-interest non-profit-making bodies.

(Amendment 57)

ANNEX (2.3), subparagraph 7, introduction

>Original text>

Selection of contractors will be based on the following criteria:

>Text following EP vote>

Selection of projects will be based on the following criteria:

(Amendment 58)

ANNEX (2.3), subparagraph 7, indent 5a (new)

>Text following EP vote>

- establishment and support of European cinema networks promoting trans- European circulation and majority programming of European works.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision on a programme to promote the development and distribution of European audiovisual works (MEDIA II - Development and Distribution) (1996-2000) (COM(94)0523 - C4-0158/95 - 95/0027(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0523 - 95/0027(CNS) (( OJ C 108, 29.4.1995, p. 8.)),

- having been consulted by the Council pursuant to Article 130(3) of the EC Treaty (C4-0158/95),

- whereas the legal basis is incomplete; whereas reference should also be made to Article 128 of the EC Treaty,

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Culture, Youth, Education and the Media and the opinions of the Committee on Budgets, the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Legal Affairs and Citizens' Rights (A4-0143/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

3. Instructs its President to forward this opinion to the Council and Commission.