Television Without Frontiers Directive – Third Report, January 2001

Author (Person)
Publisher
Series Title
Series Details 20.1.01
Publication Date 20/01/2001
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  • This In Focus has been updated by 'In Focus: Television without Frontiers: 2003 work programme aimed at reviewing the Directive, January 2003'

Background

On 16 January 2001, the European Commission adopted its Third Report [COM(2001)9] on the application of 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' - known less formally as the 'Television Without Frontiers' Directive.

Although the current Directive will be reviewed in 2002, the Third Report focuses on the main developments between 1997 and 2000, and does not suggest any amendments to the legislation.

Commenting on the Report, Viviane Reding, European Commissioner responsible for the audiovisual sector, said:

'The success of the Directive, as confirmed by this report, reflects the soundness of the common European approach to audiovisual matters and allows us to consider the future of European legislation in this field'.

Since its introduction in October 1989, the Television Without Frontiers Directive - which forms part of the Union's audiovisual policy - has been credited with providing effective regulation of the European audiovisual sector. It aims to promote the free movement of television broadcasts within the Community, by ensuring that Member States cannot restrict reception or retransmission except under the specific conditions identified in Article 2(2).

The Directive coordinates Member States' own legislation in the following areas:

  • television broadcasts
  • the production and distribution of European programme content;
  • public access to major (primarily sporting) events
  • television advertising and sponsorship
  • protection of minors
  • right of reply

Some of these issues are addressed in the Third Report, COM (2000) 9, which includes the sections on:

  • Development of the television market in Europe (1997-2000)
  • State of play in transposing the revised directive
  • Application of the Directive
  • Principles regarding jurisdiction (Article 2)
  • Events of importance for society (Article 3a)
  • Promotion of distribution and production of television programmes (Articles 4 & 5)10
  • Application of the rules on advertising (Articles 10 to 20)
  • Protection of minors and public order (Articles 22 to 22b)
  • Coordination between national authorities and the Commission
  • Enlargement: Analysis of audiovisual legislation in the Candidate Countries
  • Cooperation with the Council of Europe
  • Conclusions and Prospects

Amongst the statistics presented in the Report are:

  • EU citizens spend between 140 minutes per day (Austria) and 230 minutes per day (Italy and Greece) watching television.
  • During the first six months of 2000, daily market shares varied from 2/3 in Denmark to 1/10 in Greece.
  • In 1999, public service channels in six Member States lost market share (Austria, Ireland, Portugal, Spain, Sweden, UK); only in Belgium did audiences grow.
  • By the end of 1999, 13 million households in the Union were equipped to receive digital programmes, and there were an estimated 18 million subscribers to pay-TV premium services.
  • In 2000, more than 152 million in EU households had TV sets. 18% of all households were equipped to receive direct satellite broadcasts, and 29% had cable TV.
  • In 1998, the TV and radio broadcasting sector was estimated to have a turnover of €48 billion.

Article 26 of the Television Without Frontiers Directive requires the Commission to submit a report on its application every two years (starting no later than five years after its adoption) and, if necessary, to propose appropriate amendments.

The First Report [COM (1995) 86] covered the period up to the end of 1994. Its recommendation that the legislation should be revised resulted in the adoption of Directive 97/36/EEC, which entered into force on 30 June 1997. That Directive required the Commission's next report to be submitted by 31 December 2000.

The Second Report, COM (97) 523 [pdf], spanned the period January 1995 to July 1997. It 'describes and analyses the salient facts in the application of the Directive during the reference period. It also attempts to offer an overall view of the progress achieved in interpreting its standards, with special attention given to the decisions of the Court of Justice.'

There is another set of reports associated with the Television Without Frontiers Directive. Article 4(3) of the original Directive required the Commission to report every two years on the application of Articles 4 and 5, which state that broadcasters should, whenever practicable, devote the majority of their transmission time to European works, and 10% of their air time or programming budget to European works made by independent producers.

  • The First of these reports on Articles 4 and 5 was published in March 1994 as COM(94) 57, and covered the period October 1991 to December 1992.
  • The Second Report, published in July 1996 (COM(96) 302), covered 1993-1994.
  • The Third Report was issued in April 1998 (COM (98) 199) and covered 1995-1996.
  • The Fourth and latest report, spanning 1997-1998, was adopted in July 2000 (COM (2000) 450. It claimed that the objectives of the Directive had generally been met and that, during the period examined, there was an increase in the broadcasting of European programmes.

The original Television Without Frontiers legislation was amended in 1997 by Directive 97/36/EC, which should have been transposed into national legislative systems by the end of 1998. Italy, Luxembourg, and the Netherlands have not yet implemented the revised Directive, and the Commission has consequently initiated legal proceedings against them.

In preparation for the 2002 review, the Commission has recently started studies on:

  • the development of new advertising techniques in the various media,
  • the impact of measures to promote the distribution and production of European television programmes
  • the most recent technological and market developments in the sector.

During 2001, the Commission intends to organise a number of public hearings on the legislation. Together with the results of the studies currently underway, views gathered at the hearings will contribute to a review of the Directive, which the Commission will submit to the Council and Parliament in 2002.

The Council of Europe has a number of agreements concerning television, including the 1989 European Convention on Transfrontier Television (since amended). The European Commission formally applied for membership of the Council of Europe's European Audiovisual Observatory in November 2000. The Observatory was set up in 1992 to promote the transparency of information in the audiovisual industry in Europe. It gathers and distributes information and data on economic, legal and financial matters concerning the film industry, television, video and the new media in 33 European countries and within the European Union.

Further information within European Sources Online:

European Sources Online: European Voice:
19.10.00: Discord over public-service television
19.10.00: 'TV Without Frontiers' review unlikely to result in end to quotas despite digital revolution
06.07.00: Monti grabs lead role in EU media show
22.04.99: Public debate focuses on television
18.02.99: Van Miert ducks row over TV sport rights
23.01.97: MEPs hold up single market in advertising
25.07.96: EU's culture clash highlighted by battle over TV without frontiers
28.03.96: Panic over scope of TV quota law
07.12.95: New episode in television's lengthy saga

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

European Commission:
DG Education and Culture
Home page
Audiovisual policy
Links to regulating, control and funding bodies in the audiovisual sector (cinema and broadcasting)
The 'Television without Frontiers' directive
DG Press and Communication:
Press Releases:
16.01.01: 'Television Without Frontiers': effective regulation for the European audiovisual sector [IP/01/52]
07.12.98: The Commission decides to make an application to the Court against France on the 'Television without frontiers' Directive [IP/98/1067]
03.04.98: The Commission is satisfied with the compliance of the Directive 'Television without Frontiers' (Third Report) [IP/98/317]
18.12.97: Commission takes Italy to the Court of Justice for failure to transpose the Television without frontiers Directive [IP/97/1154]
24.10.97: Commission adopts second report on the application of the 'Television without Frontiers' Directive [IP/97/913]
23.06.97: Final adoption of the new 'Television without frontiers' Directive [IP/97/552]
05.02.97: Television without frontiers and major (sports) events: Commission Communication [IP/97/85]
16.07.96: Television Without Frontiers - Report on the implementation of the Directive for 1993-1994 [IP/96/645]
22.03.95: Television Without Frontiers: new rules and legal framework for the internal market information society services [IP/95/287]
03.03.94: Television Without Frontiers - the Commission adopts the First Report on the application of measures promoting the distribution of European television programmes [IP/94/175]
14.12.93: Transposition of the 'Television Without Frontiers' Directive [IP/93/1141]
15.09.93: Television Without Frontiers [IP/93/766]
04.01.91: 'Television Without Frontiers' Directive comes into force [IP/91/898]
Memos:
23.06.97: The new 'Television without Frontiers' Directive [MEMO/97/63]
04.10.91: 'Television Without Frontiers' Directive [MEMO/91/48]
Miscellaneous:
17.04.97: In today's meeting of the Conciliation Committee: Council and Parliament reach agreement on new 'Television Without Frontiers' Directive [PRES/97/113]
18.09.95: Television Without Frontiers [CES/95/97]
European Commission: SCADplus:
Union Policy: Audiovisual
European Parliament:
Home page
Committee on Culture, Youth, Education, the Media and Sport
Reports of the European Parliament:
Report on the Commission communication 'Study on Parental Control of Television Broadcasting'
Report on the Communication ... 'Principles and guidelines for the Community's audiovisual policy in the digital Age'
Report on the proposal for a Council Recommendation concerning the protection of minors and human dignity in audiovisual and information services

International Organisations

Council of Europe:
Home page
European Audiovisual Observatory

Miscellaneous Organisations

The Advertising Association:
Home page
Advertising Education Forum:
Home page
American University:
Home page
French film quotas and cultural protectionism
European Broadcasting Union:
Home page
European Platform of Regulatory Authorities:
Home page
Griffith University:
Home page
Protection of Cultural Sovereignty in a Free Trade Environment: An Australian Perspective on an International Dilemma
International Centre for Commercial Law:
Home page
ECJ restrictions under the 'television without frontiers' directive
Wilfrid Laurier University Press:
Canadian Journal of Communications
Reflections across the Atlantic: Contrasts and Complementarities in Broadcasting Policy in Canada and the European Community in the 1990s
Cultural Industries in the Age of Free-Trade Agreements

Further and subsequent information on the subject of this In Focus can be found by an 'Advanced Search' in European Sources Online by inserting 'television' or 'television without frontiers' in the keyword field.

Eric Davies
Compiled: 20 January 2001
Links updated 10 January 2003

On 16 January 2001, the European Commission adopted its Third Report on the application of the 'Television Without Frontiers' Directive.

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