Explanatory Memorandum to COM(2004)341 - Protection of minors and human dignity and the right of reply in relation to the competitiveness of the European audiovisual and information services industry - Main contents
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| dossier | COM(2004)341 - Protection of minors and human dignity and the right of reply in relation to the competitiveness of the European audiovisual ... |
|---|---|
| source | COM(2004)341  |
| date | 30-04-2004 |
On 24 September 1998, the Council adopted the Recommendation on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (98/560/EC) i ("the Recommendation"). The Recommendation is the first legal instrument at EU-level concerning the content of audiovisual and information services covering all forms of delivery, from broadcasting to the Internet.
In section III of the Recommendation, paragraph 4 calls on the Commission to present an evaluation report on its application in the Member States, two years after its adoption, to the European Parliament and the Council.
The implementation of the Recommendation was evaluated for the first time in 2000, and the first report was published in 2001: Evaluation Report to the Council and the European Parliament on the application of Council Recommendation of 24 September 1998 on protection of minors and human dignity i. The report indicated that the implementation of the Recommendation was already quite satisfactory in overall terms. The Council meeting (Culture) adopted its conclusions concerning the evaluation report on 21 June 2001, and Parliament adopted a resolution on the report on 11 April 2002 i, in which it called on the Commission to draw up a further report, at an appropriate time, and preferably before 31 December 2002.
On 12 December 2003, the European Commission has adopted a new evaluation report on the September 1998 Council Recommendation concerning the protection of minors and human dignity in audiovisual and information services. The report analyses the measures adopted in the Member States and at EU level since the year 2000.
In order to be able to keep up with the challenges which technological developments bring, the Commission now follows up on the Second evaluation report by proposing this additional Recommendation.
2. Context
The Recommendation calls on the Member States, industry and interested parties, as well as the Commission, to take steps to enhance the protection of minors and human dignity in the broadcasting and internet sectors. Illegal, harmful and undesirable content and conduct on the Internet continues to be a concern for law-makers, industry and parents. There will be new challenges both in quantitative (more 'illegal' content) and qualitative terms (new platforms, new products). Taking into account the ever-increasing processing power and storage capacity of computers, and the fact that broadband technologies allow distribution of content such as video on 3G mobile telephones, the need for a safe environment is greater than ever.
3. Scope of the Recommendation
The Recommendation focuses on the content of audiovisual and information services covering all forms of delivery, from broadcasting to the Internet.
4. Why a Recommendation from the European Parliament and the Council rather than a Recommendation from the Commission?
Given that the harmonisation of laws of the Member States is excluded from industrial and cultural policies, the Community is bound to use non-binding instruments, such as recommendations, to fulfil the tasks and obligations enshrined in the Treaty.
The EC Treaty gives the Commission powers to adopt Recommendations: Article 249 provides that 'in order to carry out their task and in accordance with the provisions of the Treaty ... the Commission shall ... make recommendations'. Article 211 states that 'in order to ensure the proper functioning and development of the common market, the Commission shall ... formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressly so provides or if the Commission considers it necessary'.
Nevertheless, the Commission considers that a Recommendation from the European Parliament and the Council has to be preferred to a Recommendation from the Commission on this matter.
The Recommendation in question seeks the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity. This can be better achieved if the Recommendation is discussed and adopted by the Council. In addition to this, the European Parliament has fully backed the need to protect minors and human dignity in its resolution i of 11 April 2002, on the first evaluation report on the Recommendation. Therefore, it seems appropriate to fully involve the European Parliament in the discussion and adoption of the Recommendation. The involvement of the European Parliament will result in more public debate and a bigger impact of the Recommendation. In conclusion, the objective pursued by the Community can be better achieved by the adoption of a Recommendation from the European Parliament and the Council rather than a Recommendation from the Commission.
5. Legal Basis for the Recommendation
The audiovisual and information industry in Europe has great potential for creating employment and contributing to economic growth. The conditions for the competitiveness of these industrial activities need to be improved, especially as regards better use of technological developments, such as digitisation. Therefore, the legal basis proposed for the Recommendation is Article 157 of the EC Treaty, which requires the Community and the Member States to ensure that the conditions necessary for the competitiveness of the Community's industry exist, with action aimed, inter alia, at fostering better exploitation of the industrial potential of policies of innovation, research and technological development.
Article 157 has already formed the legal basis for Council Recommendation of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity i, which is complemented by this Recommendation and Council Decision of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, distribution and promotion 2001-2005) i.