"Television without Frontiers" Directive - Commission adopts second report

The European Commission has adopted, on a proposal by Marcelino Oreja, Commissioner responsible for audio-visual policy, the second report from the Commission to the European Parliament, the Council and the Economic and Social Committee on the application of Directive 89/552/EEC, otherwise known as the "Television without frontiers" Directive.

The report covers the period from January 1995 to July 1997, when the new "Television without frontiers" Directive came into force (Directive 97/36/EEC). This period was characterized by the launching of the first digital services in Europe, for which the Directive provides part of the Community framework. By 1996, Europe had over 250 television channels, their number having doubled in the last six years. At the beginning of 1997 there were over 330 digital channels broadcast by satellite (10 at the beginning of 1996).

The period was also characterized by the abundance of the case law issued by the European Court of Justice in direct connection with the Directive. In total, the Court adopted seven decisions. The report presents and analyses these decisions, which have particularly important consequences for the criteria determining Member States'' jurisdiction over broadcasters. The ''home country control'' principle emerges strengthened and more workable from this case law.

Two decisions also have important consequences for the interpretation of the Directive''s rules on advertising and sponsorship. In this connection, there appear to be specific problems of incorrect implementation of the rules on advertising in some Member States (Greece, Italy, Spain and Portugal). The Commission has received several complaints from consumers'' organizations which it is following up.