91998E3862

WRITTEN QUESTION P-3862/98

by Joan Colom i Naval (PSE) to the Commission

(9 December 1998)

Subject: Television advertising

The "Television without frontiers" Directive regulates, among other things, television advertising, specifically as regards commercial breaks during programmes or films.

Can the Commission say whether the Member States and Spain in particular are complying with the Directive or any other rules that might apply?

Answer given by Mr Oreja on behalf of the Commission

(4 February 1999)

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(1) (Television without Frontiers Directive) contains provisions on the amount of advertising transmission time permissible on television (hourly and daily limits, Article 18), the number and manner of advertising interruptions (Article 11), and the content and presentation of advertisements (Articles 10 to 16). There are also specific rules on sponsorship (Article 17).

A number of complaints have been referred to the Commission regarding the alleged failure in some Member States to comply with advertising rules. These complaints, which are generally lodged by consumer associations, relate to the systematic exceeding of authorised transmission times. More specifically, the problems concern the practices in certain broadcasting organisations, in Greece, Spain, Italy and Portugal.

The Commission is in the process of gathering the necessary information to assess the extent to which these alleged excesses could constitute infringements by the Member States concerned, in order to take the appropriate measures if necessary.

(1) OJ L 298, 17.10.1989.