51996AP0018

A4-0018/96

Proposal for a European Parliament and Council Directive amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(95)0086 - C4-0200/95 - 95/0074(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 5a (new)

>Text following EP vote>

Whereas nonetheless it is essential for the Member States to ensure the prevention of any acts which may promote the abuse of dominant positions which would lead to restrictions on pluralism and freedom of televised information and of the information sector as a whole;

(Amendment 2)

Recital 5b (new)

>Text following EP vote>

Whereas the Commission has undertaken to submit a Green Paper on new services in the near future;

(Amendment 3)

Recital 5c (new)

>Text following EP vote>

Whereas any legislative framework concerning new audiovisual services must include arrangements which are in line with the spirit and objectives of this Directive;

(Amendment 4)

Recital 5d (new)

>Text following EP vote>

Whereas, as part of the policy of strengthening and developing European production of European audiovisual works, the Commission is envisaging the establishment of a specific instrument for financing audiovisual production - supplementing the Media II Programme - whose main task will be to support small and medium-sized producers and products originating in countries whose languages have a limited range;

(Amendment 5)

Recital 5e (new)

>Text following EP vote>

Whereas, in recognizing the need for a harmonization of national legislation concerning the mass media with a view to establishing a genuine internal market in this sector, the Commission has undertaken to draw up a directive on the ownership arrangements governing the mass media;

(Amendment 68)

Recital 12a (new)

>Text following EP vote>

Whereas public service is necessary to ensure the expression of cultural diversity and the quality of programmes; whereas it can be offered either by public channels or by private channels under contract with public authorities;

(Amendment 6)

Recital 13a (new)

>Text following EP vote>

Whereas public broadcasting is an expression of the cultural diversity of the Community's Member States and as such occupies a very special position in comparison with commercial broadcasting;

(Amendment 7)

Recital 14

>Original text>

Whereas, moreover, Article 128(4) of the Treaty requires the Community to take cultural aspects into account in its action under other provisions of the Treaty;

>Text following EP vote>

Whereas the fourth indent of Article 128(2) of the Treaty provides that action by the Community is aimed at encouraging cooperation between Member States and, if necessary, supporting and supplementing their action in artistic and literary creation, including in the audiovisual sector; whereas, moreover, Article 128(4) of the Treaty requires the Community to take cultural aspects into account in its action under other provisions of the Treaty;

(Amendment 8)

Recital 15a (new)

>Text following EP vote>

Whereas obligations imposed by Member States on certain broadcasters in the public interest, including the obligation to support national and local production, serve the purpose of achieving the objective of strengthening the European programme industry;

(Amendment 88)

Recital 15b (new)

>Text following EP vote>

Whereas broadcasting organisations, programme makers, producers, authors and other experts should develop more detailed concepts and strategies aimed at developing European audiovisual fiction films that are addressed to a large audience;

(Amendment 9)

Recital 17

>Original text>

Whereas, if Article 4 of Directive 89/552/EEC, as amended by this Directive, is effectively implemented over a 10-year period, it should be possible, given the impact of the financial instruments available to the Community and the Member States, to achieve the objective of strengthening the European programme industry;

>Text following EP vote>

Whereas, if Article 4 of Directive 89/552/EEC, as amended by this Directive, is effectively implemented, it should be possible, given the impact of the financial instruments available to the Community and the Member States, to achieve the objective of strengthening the European programme industry;

(Amendment 10)

Recital 17a (new)

>Text following EP vote>

Whereas the Media II programme, which seeks to promote training and distribution in the audiovisual sector, requires measures to enable the production of European works to be developed;

(Amendment 11)

Recital 19

>Original text>

Whereas, at the end of the 10-year period, any national measures in this field must not interfere with the principle of free circulation of services by restricting the reception or retransmission of television broadcasts from other Member States;

>Text following EP vote>

Deleted

(Amendment 12)

Recital 23

>Original text>

Whereas it is important to facilitate the development of teleshopping, an activity with an economic importance for operators as a whole and a genuine outlet for goods and services within the Community, by modifying the rules on transmission time; whereas, to ensure the full protection of consumer interests, teleshopping should be governed by a number of minimum standards regulating the form and content of broadcasts;

>Text following EP vote>

Whereas, in view of the development of teleshopping, an activity with an economic importance for operators as a whole and a genuine outlet for goods and services within the Community, it is essential to ensure a high level of consumer protection by putting in place appropriate mandatory standards regulating the form and content of broadcasts;

(Amendment 13)

Recital 23a (new)

>Text following EP vote>

Whereas advertising and teleshopping programmes and spots must clearly comply with the provisions of Directives on distance contracts and misleading advertising;

(Amendment 14)

Recital 24a (new)

>Text following EP vote>

Whereas, with a view to safeguarding the physical, intellectual and moral development of the citizens of Europe, it is incumbent upon the interested parties, where appropriate with the support of the institutions of the European Union, to draw up a professional code of conduct;

(Amendment 15)

Recital 26a (new)

>Text following EP vote>

Whereas, since it is possible to harmonize national rules on the protection of minors only to a limited extent owing to the differences in sensibility and moral standards which these reflect, a technical device should in addition be developed at European level to enable parents and guardians to filter out programmes which might have a detrimental effect on the mental and physical development of minors;

(Amendment 16)

Recital 26b (new)

>Text following EP vote>

Whereas the objective of supporting audiovisual production in Europe should be pursued within the Member States inter alia through the definition of a public interest mission for certain broadcasting organizations, including the obligation to contribute substantially to investment in national and local production;

(Amendments 77 and 18)

ARTICLE 1(1)(-a) (new)

Article 1(a) (Directive 89/552/EEC)

>Text following EP vote>

(-a) point (a) is replaced by the following:

>Text following EP vote>

"(a) 'television broadcasting¨ means the initial transmission by wire or over the air, including that by satellite in unencoded or encoded form, of television programmes intended for reception by the public whether for a mass audience or for transmission by the broadcaster for individual demand either simultaneously or sequentially. It also includes the communication of programmes between undertakings with a view to their being relayed to the public. It does not include communication services providing items of information or other messages on individual demand such as telecopying, electronic data banks nor the interactive exchange of information for individuals.

>Text following EP vote>

'television programme¨ means an animated or non-animated sequence of images which may or may not be accompanied by sound."

(Amendment 19)

ARTICLE 1(1)(-aa) (new)

Article 1(ab) (new) (Directive 89/552/EEC)

>Text following EP vote>

(-aa) the following point (ab) is added:

>Text following EP vote>

"(ab) 'broadcaster¨ means the legal person whose principal object is to provide television broadcasting services within the meaning of point (a) and who assumes editorial responsibility for the programmes broadcast by the service or services it provides;¨

(Amendment 20)

ARTICLE 1(1)(a)

Article 1(b) (Directive 89/552/EEC)

>Original text>

(b) 'television advertising¨ means any form of announcement broadcast in return for payment or for similar consideration by a public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, or rights and obligations, in return for payment. It does not include teleshopping;

>Text following EP vote>

(b) 'television advertising¨ means any form of announcement broadcast in return for payment or for similar consideration or by distributing such goods as a free promotion by a public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, or rights and obligations, in return for payment or by distributing such goods as a free promotion. It shall include all items of publicity broadcast on behalf of someone other than the broadcaster in advertising breaks, apart from public service announcements and charity appeals broadcast free of charge. It shall also include publicity by the broadcasters unrelated to programmes. It does not include teleshopping;

(Amendment 21)

ARTICLE 1(1)(b)

Article 1(e) (Directive 89/552/EEC)

>Original text>

(e) 'teleshopping¨ means television programmes and spots containing direct offers to the public with a view to the sale, purchase or rental of products or with a view to the supply of services in return for payment;

>Text following EP vote>

(e) 'teleshopping¨ means televised broadcasting and spots containing direct offers to the public with a view to the sale, purchase or rental of products or with a view to the supply of services in return for payment or with a view to the promotional distribution of products or services free of charge;

(Amendment 22)

ARTICLE 1(2)

Article 2(2) (Directive 89/552/EEC)

>Original text>

2. The broadcasters under the jurisdiction of a Member State are those established in the territory of that Member State, in which they must have a fixed establishment and actually pursue an economic activity.

>Text following EP vote>

2. The broadcasters under the jurisdiction of a Member State are those established in the territory of that Member State according to paragraph 2a, as well as those to whom paragraph 3 applies.

(Amendment 23)

ARTICLE 1(2)

Article 2(2a) (new) (Directive 89/552/EEC)

>Text following EP vote>

2a. For the purpose of this Directive, a broadcaster is deemed to be established in a Member State if the following criteria are fulfilled:

>Text following EP vote>

(a) the broadcaster has its head office in that Member State and the editorial decisions about programme schedules are taken in that Member State's territory;

>Text following EP vote>

(b) the majority of the staff involved in the pursuit of the television broadcasting activities operate in the Member State in question;

>Text following EP vote>

(c) its programmes are intended at least for that Member State, notwithstanding points (a) and (b) above.

(Amendment 75)

ARTICLE 1(2)

Article 2(2b) (new) (Directive 89/552/EEC)

>Text following EP vote>

2b. Where a broadcaster establishes itself in another Member State for the purpose of avoiding rules which would be applicable to it in the Member State where it conducts all or most of its activities (and, in particular, where it generates all or most of its revenue), the host Member State may reserve the right to take appropriate measures with regard to that broadcaster.

(Amendment 24)

ARTICLE 1(2)

Article 2(3) (Directive 89/552/EEC)

>Original text>

3. Broadcasters established outside the territory of the Community shall also be under the jurisdiction of a Member State if they satisfy one of the following conditions:

>Text following EP vote>

3. Broadcasters which are not established in the territory of a Member State according to paragraph 2a are deemed to be under the jurisdiction of a Member State in the following cases:

>Original text>

(a) they use a frequency granted by that Member State,

>Text following EP vote>

(a) they use a frequency granted by that Member State,

>Original text>

(b) although they do not use a frequency granted by a Member State, they do use a satellite capacity granted by that Member State,

>Text following EP vote>

(b) although they do not use a frequency granted by a Member State, they do use a satellite capacity appertaining to that Member State,

>Original text>

(c) although they use neither a frequency nor a satellite capacity granted by a Member State, they do use a satellite up-link situated in that Member State.

>Text following EP vote>

(c) although they use neither a frequency nor a satellite capacity appertaining to a Member State, they do use a satellite up-link situated in that Member State.

(Amendment 25)

ARTICLE 1(3)

Article 2a (Directive 89/552/EEC)

>Original text>

Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive. They may, provisionally, take appropriate measures to restrict reception and/or suspend retransmission of television broadcasts if the following conditions are fulfilled:

>Text following EP vote>

Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive. They may, provisionally, derogate from the above if the following conditions are fulfilled:

>Original text>

(a) a television broadcast coming from another Member State manifestly, seriously and gravely infringes Article 22 and/or Article 22a;

>Text following EP vote>

(a) a television broadcast coming from another Member State manifestly, seriously and gravely infringes Articles 14, 15, 16, 22 or 22a;

>Original text>

(b) during the previous 12 months, the broadcaster has infringed the same provision(s) on at least two prior occasions;

>Text following EP vote>

(b) during the previous 12 months, the broadcaster has infringed the same provision(s) on at least two prior occasions;

>Original text>

(c) the Member State concerned has notified the broadcaster and the Commission in writing of the alleged infringements and of its intention to take measures to restrict reception and/or suspend retransmission should any such infringement occur again;

>Text following EP vote>

(c) the Member State concerned has notified the broadcaster and the Commission in writing of the alleged infringements and of the measures it intends to take should any such infringement occur again;

>Original text>

(d) consultations with the transmitting State and the Commission have not produced an amicable settlement within 15 days of the notification provided for in point (c), and the alleged infringement persists.

>Text following EP vote>

(d) consultations with the transmitting State and the Commission have not produced an amicable settlement within 15 days of the notification provided for in point (c), and the alleged infringement persists.

>Original text>

The Commission shall, within no more than two months following notification of the measure taken by the Member State, take a decision on whether the measure is compatible with Community law. If it decides that it is not, the Member State will be required to put an end to the measure in question as a matter of urgency.

>Text following EP vote>

The Commission shall, within no more than two months following notification of the measure taken by the Member State, take a decision on whether the measure is compatible with Community law. If it decides that it is not, the Member State will be required to put an end to the measure in question as a matter of urgency.

>Original text>

The provision referred to in the first paragraph is without prejudice to the application of any procedure, remedy or sanction to the infringements in question in the Member State which has jurisdiction over the broadcaster concerned.

>Text following EP vote>

The provision referred to in the first paragraph is without prejudice to the application of any other procedure, remedy or sanction to the infringements in question in the Member State which has jurisdiction over the broadcaster concerned.

(Amendment 26)

ARTICLE 1(4)

Article 3(1), 2nd indent (Directive 89/552/EEC)

>Original text>

- the taking into account of the public interest in terms of television's role as a provider of information, education, culture and entertainment and the need to safeguard pluralism in the information industry and the media.

>Text following EP vote>

- the taking into account of the public interest in terms of television's role as a provider of information, education, culture and entertainment,

- the safeguarding of pluralism in the information industry and the media,

>Text following EP vote>

- the protection of competition with a view to avoiding the abuse of dominant positions and/or the establishment or strengthening of dominant positions by mergers, agreements, acquisitions and similar initiatives.

(Amendment 27)

ARTICLE 1(4)

Article 3(2), 2nd subparagraph

>Original text>

Each Member State shall determine the penalties applicable to television broadcasting organizations under their jurisdiction who do not comply with provisions adopted for the implementation of this Directive, which penalties shall be sufficient to enforce compliance.

>Text following EP vote>

Each Member State shall determine the penalties applicable to television broadcasting organizations under their jurisdiction who do not comply with provisions adopted for the implementation of this Directive, which penalties shall be sufficient to enforce compliance and shall invariably involve at least financial measures.

(Amendment 28)

ARTICLE 1(4)

Article 3(3a) (new) (Directive 89/552/EEC)

>Text following EP vote>

3a. Member States shall ensure that alleged violations may be the subject of effective and rapid judicial remedy on the part of any legal person concerned who is established on the territory of one of the Member States.

(Amendment 29)

ARTICLE 1(5)

Article 4(1) (Directive 89/552/EEC)

>Original text>

1. Member States shall, by appropriate means, ensure that broadcasters reserve for European works, within the meaning of Article 6, a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, advertising, teletext and teleshopping services.

>Text following EP vote>

1. Member States shall ensure, by appropriate and legally effective means, within the framework of the organization of their broadcasting system, that broadcasters reserve for European works, within the meaning of Article 6, a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, programmes produced mainly in the studio and which do not fall either wholly or partly into the category of drama, documentary style features or original artistic performances, advertising, teletext and teleshopping services.

>Text following EP vote>

They shall encourage broadcasters to facilitate the showing of non-national European works.

(Amendment 30)

ARTICLE 1(5)

Article 4(2) (Directive 89/552/EEC)

>Original text>

2. In the case of channels which devote at least 80% of their transmission time, excluding the time appointed to advertising and teleshopping, to cinematographic works, drama, documentaries or animation, Member States shall allow television broadcasting organizations to choose between complying with the first paragraph or allocating 25% of their programming budget to European works within the meaning of Article 6. For the purposes of this Directive, 'programming budget¨ means the accounting cost of acquiring, commissioning, producing and co-producing all those programmes broadcast by the channel in question in any given year.

>Text following EP vote>

2. In the case of channels which devote at least 80% of their transmission time to cinematographic works, drama, documentaries or animation, and at least 40% to one of these genres, Member States shall allow television broadcasting organizations to choose between complying with the first paragraph or allocating 25% of their programming budget or 5% of the annual turnover of any individual channel to European works within the meaning of Article 6. For the purposes of this Directive, 'programming budget¨ means the accounting cost of acquiring, commissioning, producing and co-producing all those programmes broadcast by the channel in question in any given year.

(Amendment 31)

ARTICLE 1(5)

Article 4(3), 2nd and 3rd subparagraphs (new) (Directive 89/552/EEC)

>Text following EP vote>

For channels which have been broadcasting for more than three years, these proportions may under no circumstances be less than the average recorded in 1995 in the Member State concerned.

>Text following EP vote>

In respect of channels which communicate programmes to the public on individual demand, the requirements of Article 4(2) above shall be established in graduated stages within five years of this Directive coming into force on the basis of their specific characteristics.

(Amendment 32)

ARTICLE 1(5)

Article 4(4) (Directive 89/552/EEC)

>Original text>

4. Channels broadcasting entirely in a language other than those of the Member States are not covered by the provisions of this Article or those of Article 5.

>Text following EP vote>

4. Channels broadcasting entirely in a language other than those of the Member States are not covered by the provisions of this Article or those of Article 5. Where such a language or languages are a substantial but not exclusive part of the output, their contribution under Article 4(3) above shall be in due proportion to that part of their output excluded from the provisions of Articles 4 and 5.

(Amendment 33)

ARTICLE 1(5)

Article 4(5), 2nd and 3rd subparagraphs (Directive 89/552/EEC)

>Original text>

That report shall in particular include a statistical statement on the achievement of the proportion referred to in this Article and Article 5 for each of the channels falling within the jurisdiction of the Member State concerned. Member States shall notify the Commission of the reasons for the failure to attain those proportions and the measures they are taking in each case to ensure that the television broadcasting organization does actually attain them.

The Commission shall inform the other Member States and the European Parliament of the report which shall be accompanied, where appropriate, by an opinion. The Commission shall ensure the application of this Article and Article 5 in accordance with the provisions of the Treaty. The Commission may take account in its opinion, in particular, of progress achieved in relation to previous years, the share of first broadcast works in the programming, the particular circumstances of new television broadcasters and the specific situation of countries with a low audiovisual production capacity or restricted language area.

>Text following EP vote>

That report shall in particular comprise all qualitative assessments and statistical information supplied to the Member State concerned by the channels falling within its jurisdiction for the purpose of ascertaining whether the proportion referred to in this Article and Article 5 has been achieved. In addition Member States shall indicate to the Commission the reasons for the failure to attain those proportions and the binding measures they propose to take in each case to ensure that the television broadcasting organization does actually attain them.

The Commission shall inform the other Member States and the European Parliament of the report which shall be accompanied by an opinion. The Commission shall ensure the application of this Article and Article 5 in accordance with the provisions of the Treaty. The Commission may take account in its opinion, in particular, of progress achieved in relation to previous years, the share of first broadcast works in the programming, the particular circumstances of new television broadcasters and the specific situation of countries with a low audiovisual production capacity or restricted language area.

(Amendment 34)

ARTICLE 1(6)

Article 5, 1st paragraph (Directive 89/552/EEC)

>Original text>

Member States shall ensure, by appropriate means, that broadcasters reserve at least 10% of their transmission time, excluding the time appointed to news, sports events, games, advertising, teleshopping and teletext services, or alternatively, at the discretion of the Member States, at least 10% of their programming budget, for European works created by producers who are independent of broadcasters.

>Text following EP vote>

Member States shall ensure, by legally effective means, that broadcasters reserve at least 10% of their transmission time, excluding the time appointed to:

- news,

- sports events,

- games,

- programmes produced mainly in the studio and which do not fall either wholly or partly into the category of drama, documentary style features or original artistic performances,

- advertising, teleshopping and teletext services,

or alternatively, at the discretion of the Member States, at least 10% of their programming budget, for European works created by producers who are independent of broadcasters.

(Amendment 35)

ARTICLE 1(6)

Article 5, 2nd paragraph a and b (new) (Directive 85/552/EEC)

>Text following EP vote>

Within the meaning of this Directive, a producer is 'independent' of a television broadcaster if:

>Text following EP vote>

- the broadcaster holds no more than 25% of the share capital of the production company (50% if more than one television broadcaster is involved);

>Text following EP vote>

- over a three-year period the producer supplies to the same television broadcaster no more than 90% of the works produced unless, over the same period, the producer makes only one programme or only one series;

>Text following EP vote>

- the producer does not hold a significant number of shares in a television broadcasting organization.

>Text following EP vote>

Without prejudice to the above, Member States shall take into account the destination and ownership of secondary rights when assessing the criteria of independence.

(Amendment 36)

ARTICLE 1(7)(b)

Article 6(3) (Directive 89/552/EEC)

>Original text>

3. The works referred to in point (c) of paragraph 1 are works made exclusively or in co-production with producers established in one or more Member States by producers established in one or more European third countries with which the Community has concluded agreements relating to the audiovisual sector, if those works are mainly made with authors and workers residing in one or more European States.

>Text following EP vote>

3. The works referred to in point (c) of paragraph 1 are works made exclusively or in co-production between one or more Member States by producers demonstrating that the majority of the input into such programmes originates from authors and production staff who are established in law as citizens of the European Union.

(Amendment 37)

ARTICLE 1(8)

Article 7, 1st paragraph (Directive 89/552/EEC)

>Original text>

Rightsholders and broadcasters shall agree time limits for broadcasting cinematographic works. In the absence of such agreements, television broadcasting organizations shall not broadcast any cinematographic work until the following periods have elapsed since the work was first shown in cinemas in one of the Member States:

(a) six months for pay-per-view services;(b) 12 months for pay-television services other than those referred to in (a);(c) 18 months for services other than those referred to in (a) and (b).

>Text following EP vote>

Unless otherwise approved between rightholders and broadcasters, the latter shall not broadcast any cinematographic work until 18 months have elapsed since the work was first shown in cinemas in the Member State concerned. This period shall be reduced to 12 months:

(a) for pay-per-view, video on demand and pay television channels;(b) in the case of cinematographic works co-produced by the broadcaster.

Cinematographic works made with substantial investment by broadcasters shall be available for transmission by them after a period of no more than one year.

(Amendment 38)

ARTICLE 1(9a) (new)

Article 9 (Directive 89/552/EEC)

>Text following EP vote>

9a. Article 9 is replaced by the following:

'Article 9

This chapter shall not apply to television broadcasts made by a local station which is neither part of a national network nor owned by a national broadcaster of terrestrial or satellite television registered in the Member State concerned.¨

(Amendment 39)

ARTICLE 1(10a) (new)

Article 10 (Directive 89/552/EEC)

>Text following EP vote>

10a. Article 10 is replaced by the following:

'Article 10

1. Television advertising and teleshopping broadcasts, spots and windows shall be readily recognizable as such and kept quite separate from other parts of the programme service by visual and/or acoustic means.

>Text following EP vote>

2. Isolated advertising spots and teleshopping broadcasts, spots and windows shall remain the exception.

>Text following EP vote>

3. Advertising and teleshopping broadcasts, spots and windows shall not use subliminal techniques.

>Text following EP vote>

4. Surreptitious advertising shall be prohibited.¨

(Amendment 40)

ARTICLE 1(10b) (new)

Article 11(1) and (2) (Directive 89/552/EEC)

>Text following EP vote>

10b. In Article 11 paragraphs 1 and 2 are replaced by the following:

"1. Advertisements and teleshopping shall be inserted between programmes. Provided the conditions contained in paragraphs 2 to 5 of this Article are fulfilled, advertisements and teleshopping may also be inserted during programmes in such a way that the integrity and value of the programme, taking into account natural breaks in and the duration and nature of the programme, and the rights of the rightholders are not prejudiced.

>Text following EP vote>

2. In programmes consisting of autonomous parts, or in sports programmes and similarly structured events and performances comprising intervals, advertisements and teleshopping shall only be inserted between the parts or in the intervals.¨

(Amendment 41)

ARTICLE 1(11)

Article 11(3) (Directive 89/552/EEC)

>Original text>

3. The transmission of feature films may be interrupted once for each complete period of 45 minutes. A further interruption is allowed if their scheduled duration is at least 20 minutes longer than two or more complete periods of 45 minutes.

>Text following EP vote>

3. The transmission of audiovisual works such as feature films and films produced for television (excluding series, serials, entertainment programmes and documentaries) may be interrupted once for each complete period of 45 minutes. A further interruption is allowed if their scheduled duration, exclusive of all interruptions, is at least 20 minutes longer than two or more complete periods of 45 minutes. A feature film is defined as a production made for initial cinema distribution in the medium of film.

(Amendment 42)

ARTICLE 1(11a) (new)

Article 11(5) (Directive 89/552/EEC)

>Text following EP vote>

11a. In Article 11, paragraph 5 is replaced by the following:

"5. Advertisements and teleshopping shall not be inserted in a broadcast of a religious service. News and current affairs programmes, documentaries, religious programmes, and children's programmes shall not be interrupted by advertisements or teleshopping when their programmed duration is less than 30 minutes. If their programmed duration is 30 minutes or longer, the provisions of paragraphs 1 to 4 shall apply¨.

(Amendment 43)

ARTICLE 1(12a) (new)

Article 12(c) (Directive 89/552/EEC)

>Text following EP vote>

12a. In Article 12, point (c) is replaced by the following:

"(c) be offensive to religious, philosophical or political beliefs;¨

(Amendment 44)

ARTICLE 1(13)

Article 14 (Directive 89/552/EEC)

>Original text>

Television advertising and teleshopping for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the broadcaster falls shall be prohibited.

>Text following EP vote>

Television advertising for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the broadcaster falls or in the recipient Member State when the advertisement is clearly directed at that market in terms of language and/or price shall be prohibited.

>Text following EP vote>

Teleshopping for medicinal products and medical treatment shall be prohibited whether or not these are available on prescription.

(Amendment 102)

ARTICLE 1(15)(b)

Article 16(a) and (b) (Directive 89/552/EEC)

>Original text>

(a) they shall not directly exhort minors to buy a product or a service by exploiting their inexperience or credulity;

>Text following EP vote>

(a) they shall not exhort minors to buy a product or a service by exploiting their inexperience or credulity;

>Original text>

(b) they shall not directly encourage minors to persuade their parents or others to purchase the goods or services being advertised;

>Text following EP vote>

(b) they shall not encourage minors to persuade their parents or others to purchase the goods or services being advertised;

(Amendment 45)

ARTICLE 1(17)

Article 18(1) (Directive 89/552/EEC)

>Original text>

1. The amount of advertising shall not exceed 15% of the daily transmission time. However, this percentage may be increased to 20% if it includes forms of advertising other than advertising spots and/or teleshopping spots inserted in a service that is not exclusively devoted to teleshopping, on condition that the amount of spot advertising does not exceed 15%.

>Text following EP vote>

1. The amount of advertising shall not exceed 15% of the daily transmission time.

The combined amount of advertising and teleshopping (excluding teleshopping windows with a minimum duration of 15 minutes) shall not exceed 20% of the daily transmission time. This shall not apply to services exclusively devoted to teleshopping.

(Amendment 46)

ARTICLE 1(17)

Article 18(2) (Directive 89/552/EEC)

>Original text>

2. The amount of spot advertising within a given clock hour shall not exceed 20%.

>Text following EP vote>

2. The combined amount of any form of advertising, including teleshopping spots, within a given clock hour shall not exceed 20%. The amount of advertising inserted during a feature film shall not exceed 15% of the film's scheduled duration.

(Amendment 47)

ARTICLE 1(18)

Article 18a(1) (Directive 89/552/EEC)

>Original text>

1. Teleshopping programmes and spots must be easily identifiable as such and if they are inserted in a service that is not exclusively devoted to this activity they must be clearly distinguished from that service's other broadcasts, including advertising broadcasts, by optical or acoustic means.

>Text following EP vote>

1. Teleshopping programmes and spots must be easily identifiable as such on the basis of the presentation methods used, the type and the number of the products offered and the financial return on such sale, rental or supply and if they are inserted in a service that is not exclusively devoted to this activity they must be clearly distinguished from that service's other broadcasts, including advertising broadcasts, by optical or acoustic means, so that any fraudulous intent to circumvent the rules applying to advertising can be excluded.

>Text following EP vote>

Such services shall make contributions to programme output of European origin as set out in Article 4(3) above.

>Text following EP vote>

The teleshopping programmes referred to in Article 18b(1) and (2) may not be interrupted by advertising, nor may they be incorporated into advertising sequences.

(Amendment 48)

ARTICLE 1(18)

Article 18a(2) (Directive 89/552/EEC)

>Original text>

2. Teleshopping programmes and spots must comply with the provisions of Council Directive [concerning consumer protection with regard to distance selling], and in particular with those provisions that relate to information on contractual obligations.

>Text following EP vote>

2. Advertising and teleshopping programmes and spots must comply with the provisions of Directives on distance contracts and misleading advertising with a biennial review in the Member State concerned of their veracity and content. Such reports shall accompany the general report required under Article 4(5) above.

(Amendment 74)

ARTICLE 1(18)

Article 18b(1) (Directive 89/552/EEC)

>Original text>

1. Windows devoted to teleshopping and inserted in a service not exclusively devoted to this activity shall not exceed three hours in any 24-hour period.

>Text following EP vote>

1. The minimum duration of teleshopping programmes shall be 15 minutes, and no more than four such programmes shall be broadcast in the course of daily transmission time. The total time devoted to this activity shall not exceed two hours in any 24-hour period.

(Amendment 50)

ARTICLE 1(18)

Article 18b(2a) (new) (Directive 89/552/EEC)

>Text following EP vote>

2a. The broadcasting of advertising messages by channels exclusively devoted to teleshopping shall be prohibited.

(Amendment 51)

ARTICLE 1(20)

Article 20 (Directive 89/552/EEC)

>Original text>

Without prejudice to Article 3, Member States may, with due regard for Community law, lay down conditions other than those laid down in Article 11(2) to (5) and Articles 18 and 18b in respect of broadcasts intended solely for the national territory which cannot be received, directly or indirectly, in one or more other Member States.

>Text following EP vote>

Without prejudice to Article 3, Member States may, with due regard for Community law, lay down conditions other than those laid down in Article 11(2), (4) and (5) and Articles 18 and 18b in respect of broadcasts by local and regional broadcasters.

(Amendment 52)

ARTICLE 1(23)

Article 22(1) (Directive 89/552/EEC)

>Original text>

1. Member States shall take appropriate measures to ensure that television broadcasts, including trailers, by broadcasters under their jurisdiction do not include programmes which might seriously impair the physical, mental or moral development of minors, in particular those that involve pornography or gratuitous violence.

>Text following EP vote>

1. Member States shall take legally effective measures to ensure that television broadcasts, including trailers, by broadcasters under their jurisdiction do not include programmes which might seriously impair the physical, mental or moral development of minors, or which might disturb them psychologically through gratuitously violent scenes which may induce them to emulate such attitudes or behaviour. They shall take such measures inter alia at the duly substantiated and documented request of individual users or organized groups of users.

>Text following EP vote>

General viewing channels shall make provision in their scheduling for a special children's viewing time, during which any broadcast which may run counter to the notion of the protection of minors shall be prohibited.

>Text following EP vote>

Member States shall take legally effective measures to ensure that children's programmes do not include advertising spots or programme announcements which are detrimental to them morally or psychologically.

(Amendment 76)

ARTICLE 1(23)

Article 22(2) (Directive 89/552/EEC)

>Original text>

2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental or moral development of minors, except where it is ensured, by selecting the time of the broadcast or by any technical measure, that minors in the area of transmission will not normally hear or see such broadcasts.

>Text following EP vote>

2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental and moral development of minors, except where it is ensured, by selecting the time of the broadcast and by any technical measure, that minors in the area of transmission will not normally hear or see such broadcasts. Such programmes may be authorized exclusively during time slots to be laid down by each Member State according to its usage and shall require, in order to be broadcast, an advance warning by acoustic means or the presence of a visual symbol throughout.

(Amendment 62)

ARTICLE 1(23)

Article 22(2a) (new) (Directive 89/552/EEC)

>Text following EP vote>

2a. Television broadcasting organizations shall take appropriate measures to set up bodies consisting of experts (educationalists and media specialists) responsible for rating the content of programmes before transmission, in order to protect minors from excessive violence or scenes involving pornography.

(Amendment 55)

ARTICLE 1(24), introduction

Article 22-a (new) (Directive 89/552/EEC)

>Original text>

24. The following Articles 22a and 22b are inserted:

>Text following EP vote>

24. The following Articles 22-a, 22a and 22b are inserted:

'Article 22-a

1. Member States shall ensure that broadcasting bodies under their jurisdiction take the necessary measures to code all programmes which they broadcast in line with the common classification of programmes according to their detrimental effect on minors, by one year at the latest after its adoption under the procedure laid down in Article 25.

>Text following EP vote>

2. Any television receiver marketed for the purposes of sale or rental in the Community must be equipped with the technical device for filtering programmes by one year, at the latest, after it has been standardized by a recognized European standardization body.¨

(Amendment 56)

ARTICLE 1(24)

Article 22a (Directive 89/552/EEC)

>Original text>

Member States shall ensure that broadcasts do not contain any incitement to hatred on grounds of race, sex, religion or nationality.

>Text following EP vote>

Member States shall ensure that broadcasts do not contain any incitement to contempt or hatred on grounds of race, sex, social or political ideology, religion, philosophy or nationality.

(Amendment 57)

ARTICLE 1(24a) (new)

Article 23(1) (Directive 89/552/EEC)

>Text following EP vote>

24a. In Article 23, paragraph 1 is replaced by the following:

>Text following EP vote>

"1. Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any natural or legal person, regardless of nationality, whose legitimate interests, in particular reputation and good name, have been damaged by an incorrect assertion in a television programme must have a right of reply or equivalent remedies and these must be easily accessible within a clearly stated period of time.¨

(Amendment 58)

ARTICLE 1(26)

Article 26, 2nd and 3rd paragraphs (new) (Directive 89/552/EEC)

>Text following EP vote>

The Commission shall examine whether any modifications of the provisions of the Directive are necessary with regard to services operating solely in response to individual demand which have been technically developed since this Directive came into force and shall suggest necessary revisions no later than the end of the third year after the date of adoption of this Directive.

>Text following EP vote>

On the basis of the development of the above-mentioned services, Member States shall establish appropriate measures, taking into account Articles 10, 12, 13, 14, 15, 16, 17, 22, 22-a, 22a and 22b, relating to the general code for advertising and to the protection of minors.

(Amendment 59)

ARTICLE 3, SECOND PARAGRAPH

>Original text>

Article 1 point 5 shall be effectively applied for a period of 10 years from the date of entry into force of this Directive.

>Text following EP vote>

At the end of the tenth year from the date of entry into force of this Directive the provisions of Article 1 point 5 shall be reviewed in the light of its impact and the circumstances prevailing in the European media industries.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(95)0086 - C4-0200/95 - 95/0074(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(95)0086 - 95/0074(COD) ((OJ C 185, 19.7.1995, p. 4.)),

- having regard to Articles 189b(2), 57(2) and 66 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0200/95),

- 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 Economic and Monetary Affairs and Industrial Policy, the Committee on Legal Affairs and Citizens' Rights, the Committee on External Economic Relations and the Committee on the Environment, Public Health and Consumer Protection (A4-0018/96),

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

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

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