Chapter 20: the cultural sector in the progress reports of the accession countries (2003)
Chapter 20: Culture and audio-visual policy
Extracts from the progress reports on the pre-accession countries, adopted by the Commission on 5 November, 2003
Bulgaria Czech Republic Estonia Hungary Latvia Lithuania Poland Romania Slovakia Slovenia
(Remarks,
strictly specific to culture in the progress
reports have been underlined by BO.)
Summary
None of the 10 countries that accede in 2004
seems to have heard about the Television
Without Frontiers directive, since the EU
is adamant in reminding them about the necessity
of aligning their legislation with the above
mentioned directive, in existence since 1989
(with amendments in 1997!!!). Ironically though,
Bulgaria and Romania, which are thought to join
the EU at a later date, have done their homework,
at least as regards this directive. Should the
reason be that last year's country report scolded
Romania about it? Not obviously, since Slovakia
has been warned
last year too, but without much effect.
As expected, the two belated countries have received a more substantiate analysis for the field, with the audio-visual field occupying centre stage, as usual. There are no significant other problems reported in the field of culture. It is worth checking the length of next year's report for these two countries.
The
good news is that all countries, including Bulgaria
and Romania, have closed negotiations on this
chapter and are meeting, in various degrees,
the commitments and recommendations arising
from accession in the fields of culture, or
more appropriately, of audio-visual policy.
Progress made since the last Regular Report
Concerning audio-visual policy, the Protocol Amending and Supplementing the European Convention on Transfrontier Television was promulgated in October 2003.
Both the budget and staff of the regulatory authority, the Council of Electronic Media (CEM) have been slightly increased. Financing for the CEM, the Bulgarian National Television (BNT) and the Bulgarian National radio (BNR) from the Radio and Television Fund is unavailable since subscribers have not been charged fees to date. Several decisions were adopted by the CEM in the reporting period, including on a methodology for the conduct of monitoring and on the introduction of a system for labelling programmes for the protection of infants and minors. Efforts are ongoing to improve co-ordination with other relevant bodies such as the Communications Regulation Commission and the National Council on Radio Frequency Spectrum.
A proposed Strategy for Development of Radio and Television Broadcasting supposed to give a long-term vision of the development of the radio and television sector has not been adopted by the Parliament as a result of which no licensing can be carried out by the CEM for the time being. The procedure for licensing the third national TV operator was finalised by the Communications Regulation Commission without the participation of the CEM.
Bulgaria continued to participate in the Media Plus and Media Training Community programmes.
In the area of culture, Bulgaria continued to participate in the Culture 2000 programme.
Overall assessment
The adoption of a new Law on Radio and Television Broadcasting in 1998, which was amended in September 2000 and November 2001, has brought Bulgarian legislation largely into line with the acquis. However, Bulgaria needs to take further steps to ensure predictable, transparent and effective implementation of the regulatory framework for audio-visual policy. In that regards, the delay of the Parliament in adopting the Strategy for the Development of Radio and Television and the non-existence of the Radio and TV Fund foreseen by the Law due to the non charging of subscribers' fees are matters of concern. The current legal uncertainty in the licensing of (mainly) regional operators (including re-licensing) should end.
Despite the provision in existing legislation that all radio and television programme services on the country's territory must be monitored, monitoring is limited to radio and television programme services provided in the Sofia area; regional broadcasting services are covered only occasionally.
The administrative capacity of the regulator in the audio-visual field needs to be enhanced, particularly as far as monitoring of regional and local broadcasters is concerned, in order to ensure equal treatment of broadcasters both at national and regional level. The regulator also still lacks sufficient space and staff (10 of the 64 posts envisaged are vacant).
Conclusion
Some progress has been made since the last Regular Report.
Bulgaria's legislation is largely in line with the acquis, but it needs to take further steps to ensure predictable, transparent and effective implementation of the regulatory framework.
Negotiations on this chapter have been provisionally closed. Bulgaria has not requested any transitional arrangements in this area. Bulgaria is generally meeting the commitments it has made in the accession negotiations in this field.
topCzech Republic
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
The Czech Republic ‘s legislation is largely in line with the audio-visual policy acquis, but technical amendments to the Broadcasting Act, e.g. on the subsidiary criteria for determining jurisdiction, are required to ensure full alignment. Whilst administrative capacity for implementation of the audio-visual acquis is satisfactory, regulation of the sector has proved controversial. The challenge for the new Broadcasting Council is to ensure establishment of a stable, transparent and effective framework.
The Czech Republic meets the requirements for participation in Community activities in the field of culture.
Conclusion
The Czech Republic has met the commitments and requirements arising from accession negotiations in the field of culture.
The Czech Republic
is meeting the majority of the requirements for membership in the area
of audio-visual policy. In order to complete preparations
for membership, the Czech Republic should adopt the remaining legislative
amendments and focus its efforts on the establishment of a stable, transparent
and effective regulatory framework.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
Estonia has
met the commitments and requirements arising from the accession negotiations
on culture and audio-visual policy and will be in a position to
implement the acquis by accession.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
In order to complete transposition of the audio-visual policy acquis, Hungary needs to align its legislation concerning the question of linguistic policy measures. Administrative capacity for implementation of the audio-visual acquis is satisfactory.
Hungary meets the requirements for participation in Community activities in the field of culture.
Conclusion
Hungary has met the commitments and requirements arising from accession negotiations in the field of culture.
Hungary is partially
meeting the requirements for membership in the area of audio-visual
policy. In order to complete preparations for membership, the
remaining legislative amendment must be completed.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
Concerning audio-visual policy, Latvia adopted amendments to its Radio and Television Law related to major events, the broadcast of music by broadcasters under Latvian jurisdiction, the broadcast of I-house production by public broadcasters and the strengthening of sanctioning powers of the National Broadcasting Council. These amendments complete legislative alignment, except on the broadcast of in-house production by public broadcasters.
Latvia meets the requirements for participation in Community activities in the field of culture.
Conclusion
Latvia has met the commitments and requirements arising from the accession negotiations in the field of culture.
Latvia is essentially
meeting the commitments and requirements arising from accession negotiations
in the field of audio-visual policy and is expected to be in a position
to implement the acquis of accession. Attention should be
given to the issue of in-house production by the public service broadcaster.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
Whilst legislation is largely in line with the audio-visual policy acquis, transposition remains to be completed through an amendment to the Code of Administrative Offences, which is required to provide for adequate penalties for broadcasters infringing the law and their licence obligations. Administrative capacity for implementation of the audio-visual acquis should be further strengthened, notably by reinforcing the sanctioning and enforcement powers of the Radio and Television (RTC). The Radio and Television Commission should also reinforce its effectiveness in guaranteeing adequate implementation of the acquis, including satellite broadcast licensing.
Lithuania meets the requirements for participation in Community activities in the field of culture.
Conclusion
Lithuania has met the
commitments and requirements arising from the accession negotiations in
the field of culture. Lithuania is essentially meeting the
commitments and requirements arising from the accession negotiations on
audio-visual policy and is expected to be in a position to implement
the acquis by accession. The legislative amendment to the
Code of Administrative Offences to provide for adequate sanctioning remains
to be adopted. Administrative enforcement powers should be strengthened.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
In order to complete transposition of the audio-visual policy acquis, Poland must fully align its framework legislation (the Broadcasting Act) on jurisdiction criteria, the definition of European works, certain aspects relating to the promotion of European and independent works, access to major events and the principle of capital liberalisation. Administrative capacity for implementation of the audio-visual acquis is satisfactory overall although the National Broadcasting Council will need to be strengthened - following the amendments to the Broadcasting Act - in order to efficiently monitor observance of the new rules.
Poland meets the requirements for participation in Community activities in the field of culture.
Conclusion
Poland has met the commitments and requirements arising from the accession negotiations in the field of culture and will be in a position to implement the acquis by accession.
Poland is partially
meeting the requirements for membership in the area of audio-visual
policy. Unless rapid action is taken to catch up delays in amending
the Broadcasting Act, there is a risk that Poland will not fulfill these
requirements and not be able to implement the acquis by accession.
Poland must pay attention to ensuring a stable, predictable, transparent
and effective implementation of the broadcasting regulatory framework.
Progress made since the last Regular Report
Concerning audio-visual policy, the European Convention on Transfrontier Television was ratified and its amending protocol was signed in February 2003. The National Audio-visual Council, which regulates the sector, has continued to issue implementing regulations on the basis of the Audio-visual Law.
The Ministry of Culture and Religious Affairs has the right of legislative initiative in the audio-visual sector. There have been no improvements regarding the administrative capacity of the Ministry, which remains very limited following the staffing reductions noted in the 2002 Regular Report.
In the area of culture, Romania continued to participate in the community programme Culture 2000.
Overall assessment
Following the adoption of the new Audio-visual Law in July 2002 Romanian legislation is largely in line with the acquis. Some further technical amendments should be made to the Audio-visual Law in particular in relation to jurisdiction and restriction of retransmission.
Romania should continue to strengthen its administrative capacity in the audio-visual sector, both in the National Audio-visual council and in the Ministry of Culture and Religious Affairs, in order to ensure the predictable, transparent and effective implementation of the regulatory framework for audio-visual policy.
Conclusion
The ratification of the European Convention on Transfrontier Television and the adoption of a considerable amount of secondary legislation on the basis of the Audio-visual Law represent major developments in the audio-visual sector since the last Regular Report.
Romania's legislation is largely in line with the acquis, though attention should be paid to the remaining adjustments of the Audio-visual Law and to ensuring hat all related implementing decisions are in line with the acquis.
Negotiations
on this chapter have been provisionally closed. Romania has not requested
any transitional arrangements. Romania is generally meeting the commitments
and requirements arising from the accession negotiations.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
Slovakia has
met the commitments and requirements arising from the accession negotiations
on culture and audio-visual policy and will be in a position to
implement the acquis by the accession.
The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.
Slovenia's legislation is largely in line with the audio-visual policy acquis, but measures to implement the derogation for local broadcasters should be refined. Administrative capacity for implementation of the audio-visual acquis should be improved.
Slovenia meets the requirements for participation in Community activities in the field of culture.
Conclusion
Slovenia has met the commitments and requirements arising from the accession negotiations in the field of culture. Slovenia is essentially meeting the commitments and requirements arising from the accession negotiations on audio-visual policy and is expected to be in a position to implement the acquis by accession. Administrative capacity should be improved.