Chapter 20: Culture and audio-visual policy

Extracts from the progress reports on the pre-accession countries, adopted by the Commission on 9 October, 2002

Bulgaria Czech Republic Estonia Hungary Latvia Lithuania Poland Romania Slovakia Slovenia

(Remarks, specific to culture have been underlined by BO.)

Bulgaria

Progress made since the last Regular Report

Bulgaria has made some progress since last year's Regular Report. Amendments to the Law on Radio and Television entered into force in November 2001 aiming at further transposing the audio-visual acquis. These were intended to strengthen.the regulatory body in this sector and to streamline licensing procedures. As a result, a Council for Electronic Media was established in November 2001 to replace the National.Council on Radio and Television as the Bulgarian national regulatory body. Like its predecessor, the Council for Electronic Media is an independent specialised body. It.regulates radio and television activity through the registration and issuing of licenses and.exercises supervision to ensure that the actions of radio and television operators are in line with the law. The Council's staff has increased from 45 in 2001 to 61 in spring 2002 and the institution has been allocated new premises. The budget for 2002 for this body has been increased by around 13%. Since the law came into force, the Director of the Bulgarian National Television was dismissed in December 2001 because of failure to comply with the newly-introduced requirement of five years of experience. The amendments to the Law on Radio and Television were applied retroactively. The director who had been dismissed appealed against the decision in court and won. A Memorandum of Understanding, providing for Bulgaria's participation in the Media Plus and Media Training Community programmes, was signed in July 2002 taking effect from January 2002. In the field of culture, the Association Council decision allowing Bulgaria to participate fully in the "Culture 2000" programme from 2001 was adopted in October 2001.

Overall assessment

Progress has been made in implementation through the introduction of a single licensing procedure. The introduction of a new registration regime can be seen as a step towards deregulation of the media environment. However, the 2001 amendments to the Law on Radio and Television did not address the issues of financing the Council of Electronic Media and the public broadcasters. The Council for Electronic Media's administrative capacity to deal with monitoring and sanctioning powers needs to be further strengthened, particularly as far as monitoring of regional and local broadcasters is concerned. Bulgaria is party to the Council of Europe Convention on Transfrontier Television and its amending Protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that provided that the necessary legislative measures were pursued with sufficient urgency and were accompanied by the necessary structural adaptation of the industry, it was reasonable to expect that Bulgaria should be able to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Bulgaria has made significant progress, particularly through the adoption in 2000 of a Law amending the 1998 Law on Radio and Television, as a result.of which Bulgarian legislation in this area has achieved a high degree of alignment with.the acquis. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Bulgaria has not requested.any transitional arrangements in this area. It is generally meeting the commitments it made in the accession negotiations in this field. Bulgaria should focus further efforts on the strengthening of the administrative capacity of the national regulatory body in the field of broadcasting.

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Czech Republic

Progress since the last Regular Report

There have been no major developments in this sector since the last Regular Report. In the area of the audio-visual acquis, an amendment to the Act on Advertising Regulation in force since June 2002 further specifies the responsibilities of the Council for Radio and Television Broadcasting as regards the supervision of advertising. According to the Czech authorities, current indications suggest that all national television broadcasters will meet their 2002 obligations for the promotion of European and independent works. The period since the last Regular Report has been characterised by a.continued lack of transparency and stability in relation to questions of ownership and control of commercial TV stations. A second such dispute has now arisen and may also have to be solved in international arbitration courts. There has been some development of administrative capacity at the Council for Radio and Television Broadcasting. Its budget has been increased and computerisation of the.Council's office should release resources for the establishment of a system for monitoring the promotion of European works, although additional resources may be needed to further strengthen capacity. A Memorandum of Understanding, providing for the Czech Republic's participation in the Community Media Plus and Media Training programmes was signed in July 2002, taking effect from January 2002. In the field of culture, the Association Council decision allowing the Czech Republic to participate fully in the Culture 2000 programme as from 2001 was adopted in October 2001. Implementation of the 'Concept for Cultural Policy in the Czech Republic' continues, elements of which have been amended, consolidated and transposed through.the Government's "Culture Policy Paper".

Overall assessment

The 2001 Act on Radio and Television Broadcasting brought the Czech Republic's legislation largely into line with the audio-visual acquis, although some refinement is still necessary, in particular regarding the technical adjustment of subsidiary criteria for jurisdiction. Effective implementation of the Act is likely to require the strengthening of administrative capacity. It remains particularly important that the Czech Republic establish and supervise effectively a transparent and predictable regulatory framework in the audio-visual sector. As the main broadcasting regulator, the Council for Radio and Television Broadcasting will be key in this process. The Council should ensure the timely, objective and effective application of broadcasting legislation. The Department of Mass Media in the Ministry of Culture administers legislation in the areas of broadcasting, film, video and periodical press. The current number of staff (11) is adequate. The 2001 Act on Radio and Television Broadcasting created the conditions for ratification of the Council of Europe Convention on Transfrontier Television and its.Protocol, which the Czech Republic should now conclude.

Conclusion

In its 1997 Opinion, the Commission concluded that the Czech Republic would need to make major efforts to adapt its regulatory framework and industry structures if it were to meet EC requirements in the audio-visual sector. Since the Opinion, the Czech Republic has made significant legislative progress, especially in the last two years. Overall, the Czech Republic is well advanced in terms of.legislative alignment in this area. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. The Czech Republic has not.requested any transitional arrangements. The Czech Republic is generally meeting the commitments it has made in the accession negotiations in this field. In order to complete preparations for membership, the Czech Republic's efforts now need to focus on the final necessary legislative adjustments and improvement of regulation. It remains particularly important to establish and supervise effectively a transparent and.predictable regulatory framework.

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Estonia

Progress since the last Regular Report

No particular developments can be reported since last year's Regular Report in the cultural and audio-visual sectors, where Estonia has largely completed its alignment. There are no major developments to report in the audio-visual sector, where Estonia had already largely completed its alignment. A Memorandum of Understanding providing for Estonia's participation in the Media Plus and Media training Community programmes was signed in July 2002, taking effect from January 2002. In the field of culture, Estonia has been participating in the Culture 2000 programme since 2001.

Overall assessment

Following the adoption in April 2000 of a Law amending the Broadcasting Act of 1999, Estonian legislation is largely aligned with the acquis on audio visual policy. The Broadcasting Council is the highest authority in public radio and television broadcasting. It is composed of five members of the Estonian Parliament, on the basis of the principle of political balance, and of four other members also appointed by the Parliament, selected from among recognised specialists in related fields. The Broadcasting Council is responsible for supervising the performance of public broadcasting functions. There are two bodies, the Media and Copyright Department and the Broadcasting License Committee, both within the Ministry of Culture, which are responsible for the application and enforcement of audio-visual legislation. In addition, supervisory functions regarding technical aspects are carried out by the National Communications Board. Adequate coordination of the various structures involved continues to be crucial. Estonia has been party to the Council of Europe Convention on Transfrontier Television.and its amending Protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that provided that the necessary legislative measures were pursued in line with the timetable foreseen and were accompanied by the necessary structural adaptations of the industry, Estonia should be able to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Estonia has become well advanced in this domain, in particular as regards legislative alignment, following the adoption in May 2000 of a Law amending the Broadcasting Act of 1999. Estonian legislation is largely aligned with the acquis on audio-visual policy. The necessary administrative structures are in place, although coordination between the relevant bodies should be ensured. The negotiations on this chapter have been provisionally closed. Estonia has not requested any transitional arrangements in this area. Estonia is generally meeting the commitments it made in the accession negotiations in this field. In order to complete preparations for membership, Estonia's efforts should now focus on ensuring effective implementation of the legislation, in particular through the coordination of the relevant regulatory bodies.

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Hungary

Progress since the last Regular Report

In the audio-visual sector, Hungary's legislative alignment with the acquis has improved significantly since last year's Regular Report. In July 2002 the Hungarian Parliament finally approved the new Media Law, which had been pending since its submission in December 1999. Certain provisions, including on European works, will enter into force from the date of accession. Provisions on discrimination based on nationality will be abrogated at the same date; the rules on exclusive broadcasting rights will enter into force after a certain delay, but before the date of accession. With the adoption of the new law, the acquis has been largely transposed into Hungarian legislation broadcasting activities. Hungary is a party to the Council of Europe Convention on Transfrontier Television and its amending Protocol. The Ministry of National Cultural Heritage and the Ministry of Justice are in charge of broadcasting legislation in Hungary. The National Radio and Television Board of Hungary (ORTT) is the national regulatory and monitoring body with monitoring and sanctioning powers. The ORTT Board is an independent legal entity reporting directly to Parliament. The original staff of 100 has been increased by two more lawyers. In the field of culture, Hungary has been participating in the Culture 2000 framework programme since 2001.

Overall assessment

The entry into force of the entirety of the amended media law will bring a substantial degree of alignment with the audio-visual acquis. However, some issues remain to be clarified, in particular in the area of European works. In this respect, any necessary further adjustments to the Hungarian legislative or regulatory framework should be made before accession. With the adoption of the new law, further strengthening of the National Radio and Television Board may be required. The independence of the regulatory authority continues to be respected, both financially and politically. However, transparency should be further increased, in particular concerning frequency allocation and distribution of the Broadcasting Fund, and efforts should also be made to improve reporting capacities on broadcasting activities. In the field of culture, Hungary has been participating in the Culture 2000 framework programme since 2001.

Conclusion

In its 1997 Opinion, the Commission concluded that, provided that progress towards legislative alignment - accompanied by the necessary structural adaptations - was.pursued, Hungary should be able to meet EC requirements in the audio-visual sector within a few years. Since the Opinion, Hungary has made significant progress, especially this year Hungary's legislative alignment is now well advanced. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Hungary has not requested any transitional arrangements in this area. Hungary is generally meeting the commitments it has made in the accession negotiations in this field. In order to complete preparations for membership, Hungary should focus on ensuring effective regulation of the sector and completing the final legislative adjustments necessary to be fully in line with the acquis..

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Latvia

Progress since the last Regular Report

During the reference period further developments have taken place in this sector, particularly in terms of developing institutional structures. However, there has been no particular progress in alignment of legislation with the audio-visual acquis during the last year. Actions were taken to reinforce the Information Centre of the National Broadcasting Council. The Information Centre of the National Broadcasting Council has finished the codification, study and evaluation of information resources. Activities carried out by the.Centre included establishment of a web-site containing information on the Council and related activities, a seminar for local and regional TV broadcasters and a publication on electronic mass media in Latvia. A Memorandum of Understanding, providing for Latvian participation in the Community Media Plus and Media Training programmes, was signed in July 2002, taking effect from January 2002. In the field of culture, the Association Council decision allowing Latvia to participate fully in the Culture 2000 programme as from 2001 was adopted in October 2001.

Overall assessment

Latvian legislation in this area is largely in line with the acquis. However, further amendments to the Latvian Radio and Television Law, in particular relating to provisions regarding major events and the proportion of Latvian music to be broadcast, will be.necessary. Latvia must also review the requirements on the broadcasting time which public broadcasters must reserve for in-house production, in order to make it proportionate. Furthermore, the implementing legislation concerning broadcasting of major events provided for in the Radio and Television Law needs to be adopted. The administrative structure of the National Broadcasting Council and its monitoring capabilities have to be further strengthened in terms of staffing and budgeting. Its sanctioning powers should be reinforced in order to assure effective compliance of broadcasters with the Law. Latvia is party to the Council of Europe Convention on Transfrontier Television and its amending Protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that provided that the necessary legislative amendments were pursued with sufficient urgency and were accompanied by the necessary structural adaptation of the industry, Latvia should be able to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Latvia has made significant progress, especially through the adoption in February 2001 of the Radio and Television Law. Latvia is well advanced in this domain, in particular as regards legislative alignment. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Latvia has not requested any transitional arrangements. Latvia is generally meeting the commitments it has made in the accession negotiations in this field. In order to complete preparations for membership, Latvia s efforts should now focus on.completing alignment with the acquis and on reinforcing the sanctioning and monitoring powers of the National Broadcasting Council so as to assure effective and transparent supervision of the sector.

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Lithuania

Progress since the last Regular Report

Since last year's Regular Report, some further developments have taken place as regards culture and audio-visual policy. However, as regards the audio-visual acquis, there was no particular legislative progress. The Radio and Television Commission (RTC) is the main institution involved in the regulation and monitoring of the audio-visual sector. Progress has been made on the development of its monitoring facilities and procedures. In March 2002, a monitoring room within the RTC was established in order to develop specific tools and methodology for monitoring the content of TV programmes. In February 2002 the RTC adopted a decision concerning, amongst other things, the license fee for cable TV operators and approved two types of standard license formats for cable television activities. Lithuania has taken steps to participate in the Community Media Plus and Media Training programmes as of 2003. In the field of culture, the Association Council decision allowing Lithuania to participate fully in the "Culture 2000 Programme" as from 2001 was adopted in October 2001.

Overall assessment

Following the adoption in October 2000 of legislation amending the Laws on Provision of Information to the Public and on National Radio and Television, Lithuanian legislation is largely in line with the acquis. However, the enforcement and sanctioning powers of the Radio and Television Commission need to be strengthened. Three institutions are involved in the administration and implementation of this sector. The Ministry of Culture is responsible for the implementation of the provisions of the European Convention on Transfrontier Television and its amending Protocol. The Council of National Radio and Television is responsible for the regulation of the activities of the national radio and television. The Radio and Television Commission is responsible for the regulation of the activities of commercial radio and TV stations, cable networks and microwave multi-channel systems. In 2001 the RTC issued 9 warnings, but does not yet have the powers necessary to impose fines. Amendment of the Code of Administrative offences is necessary as are further developments concerning transparency, classification of violations and fines and licence renewal for cable operators. Work is also under way to introduce codes on programming and advertising ethics, which may be covered by self-regulation of broadcasters. Lithuania should continue to work towards strengthening and improving implementation in this sector, based on effective, independent regulation. The independence of the Radio and Television Commission needs to be ensured. Lithuania is party to the Council of Europe Convention on Transfrontier Television and has ratified its amending Protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that provided that the necessary legislative measures were pursued in line with the timetable foreseen and were accompanied by the necessary structural adaptation of this industry, Lithuania should be able to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Lithuania has made significant progress, especially through the adoption in October 2000 of legislation amending the Laws on Provision of Information to the Public and on National Radio and Television. Legislation is aligned to a large extent. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Lithuania has not requested any transitional arrangements in this area. Lithuania is generally meeting the commitments it made in the accession negotiations in this field. In order to complete preparations for membership, Lithuania should now focus on.ensuring the proper functioning of the relevant administrative bodies so as to guarantee effective regulation and keep close attention to the implementation of legislation.

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Poland

Progress since the last Regular Report

Poland has made little progress with regard to audio-visual policy, with no further legislative alignment since last year's Regular Report and no significant developments with regard to administrative capacity. A Co-operation Agreement between the National Broadcasting Council of the Republic of Poland and the Supreme Audio-Visual Council of the Republic of France was signed in March 2002, allowing for the exchange of experience in the area of the EC acquis and its transposition into Polish law. A Memorandum of Understanding providing for the participation of Poland in the Media plus and Media training Community programmes was signed in June 2002, taking effect from 1 January 2002. In the field of culture, the Association Council decision allowing Poland to participate fully in the Culture 2000 Community Programme as from 2001 was adopted in October 2001. Some organisational changes and staff reinforcement occurred during the reporting period relating to the Cultural Contact Point. This is now situated within the Ministry of Culture.

Overall assessment

Since the adoption of the Law amending the Broadcasting Act in 2000, many aspects of the Polish legislation are in line with the acquis, but further amendments remain necessary in order to reach full alignment. Further amendments and/or implementing legislation are still needed on matters relating in particular to; jurisdiction criteria, the definition of European works, some aspects regarding the promotion of European and independent works, including proportionality in the promotion of works originally produced in Polish, major events and the principle of capital liberalisation. New legislation is pending. Administrative capacity is judged satisfactory overall, although the planned amendment of the Broadcasting Act will increase the need to strengthen the National Broadcasting Council in particular to monitor observance of the new rules (for example, computer equipment to monitor obligatory programme quotas and to evaluate transmitted content and listeners' complaints about broadcasts). The budget for 2001 was cut drastically due to state budgetary problems, but was increased again in the year 2002. Judicial procedures are slow, for example, appeal procedures to the Supreme Administrative Court against National Broadcasting Council Decisions. This renders the implementation of the legislation in the sector sub-optimal. Poland is a party to the Council of Europe Convention on Transfrontier Television and its amending protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that Poland would need to make further efforts to adapt its regulatory framework and industry structures if it were to meet EC requirements in the audio-visual sector. Since the Opinion, Poland has made significant progress in legislative alignment, especially through the 2000 amendment of the Broadcasting Act, and the strengthening of its administrative capacity. Poland has achieved a high level of alignment. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Poland has not requested any transitional arrangements in this area. Poland is generally meeting the commitments made in the accession negotiations in this field. In order to complete preparations for membership, Poland's efforts should now focus on completing the final legislative amendments still necessary to be fully in line with the acquis and on ensuring that, within the framework of this new legislation, the monitoring and sanctioning powers of the regulatory authority are both effective and comprehensively applied.

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Romania

Progress since the last Regular Report

Romania has made good progress in this area since the last Regular Report. In the audio-visual sector, a new framework law to align with the Television Without Frontiers Directive was adopted in June 2002. Cooperation between the various Romanian bodies involved in the legislative process has also improved significantly. Implementing legislation for advertising, teleshopping and sponsorship was adopted in March 2002. Conditions for applying the right of reply were set in a decision of the National Audio-visual Council (NAC) on the obligations of broadcasters to record radio and TV programmes. The framework for broadcasting audio-visual programmes of local interest was established through an NAC decision in March 2002. No major changes can be recorded regarding the administrative capacity of the NAC, and even though the number of control activities has been steadily increasing staffing levels remain the same as last year. A new IT network has improved communication between headquarters and regional offices. Within the Ministry of Culture and Religious Affairs, which has the right of legislative initiative in the audio-visual field, the Department for Harmonisation, Media and Audio-visual has been disbanded and most staff who had previously dealt with audio-visual issues have left. Both houses of Parliament have approved legislation ratifying the Council of Europe Convention on Trans-frontier Television and its amending Protocol although the Convention has still to be promulgated by the President. In the field of culture, the Association Council Decision allowing Romania s participation in the Culture 2000 was adopted in October 2001.

Overall assessment

With the adoption of the new audio-visual law, Romania is now well advanced in terms of transposition of the acquis, although a few minor adjustments are needed in order to reach full alignment. Elements of Romania.s legislation relating to the broadcasting of European works will come into force on accession, taking into account Romania.s international obligations. In terms of administrative capacity, the increasing number of control activities being carried out by the National Audio-visual Council is a reflection of improved management abilities, although there is still a need for further training. However, disbanding the audio-visual unit in the Ministry of Culture and Religious Affairs raises questions as to the future role of the Ministry following the adoption of the audio-visual law.

Conclusion

In its 1997 Opinion, the Commission concluded that even if necessary structural adaptations of the industry were made, sustained efforts as regards legislative changes would have to be followed through in order for Romania to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Romania has made significant progress in the legislative field and, to a lesser degree, with improving its administrative capacity. Legislative alignment is now well advanced. The necessary administrative structures are in place. Negotiations on this chapter continue. Romania has not requested any transitional.arrangements. Romania should focus further efforts on making the final legislative adjustments and should continue to reinforce its administrative capacity.

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Slovakia

Progress since the last Regular Report

Slovakia has made further progress since last year's Regular Report in the field of culture and audio-visual policy. With regard to audio-visual policy, an amendment to the Act on Broadcasting and Retransmission entered into force in May 2002. It aims at solving a procedural problem that impeded the Council for Broadcasting and Retransmission from effectively imposing sanctions in case of appeals. As regards administrative capacity, the staff of the Council.for Broadcasting and Retransmission has been strengthened in the reporting period through the recruitment of 7 additional employees, mainly for the monitoring department. The Council's 2002 budget was also increased. Slovakia has taken steps to participate in the Media Plus and Media Training Community programmes as of 2003. In the field of culture, the Association Council decision allowing Slovakia to participate fully in the Culture 2000 programme as from 2001 was adopted in October 2001. During the reporting period, the Slovak Republic has gradually strengthened the administrative capacity in this area.

Overall assessment

With the 2000 Act on Broadcasting and Retransmission, slightly amended in 2001 and 2002, Slovakia's legislation is now largely in line with the Television Without Frontiers Directive. Significant progress has been made in strengthening the administrative and budgetary capacity of the Council for Broadcasting and Retransmission. Slovakia is a party to the Council of Europe Convention on Transfrontier Television and its amending protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that, provided that the necessary legislative measures are pursued with sufficient urgency and are accompanied by the necessary structural adaptations of the industry, it was reasonable to expect that Slovakia should be able to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Slovakia has made considerable progress, and has reached, overall, an advanced level both in terms of legislative alignment and administrative capacity. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Slovakia has not requested any transitional arrangements in this area. Slovakia is generally meeting the commitments it made in the accession negotiations in this field. In order to complete preparations for membership, Slovakia's efforts should now focus on ensuring that administrative capacity enables a sound implementation of the new legislative framework.

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Slovenia

Progress since the last Regular Report

Slovenia has made some progress regarding legislative alignment with the audio-visual acquis since the last Regular Report. In December 2001 two decrees were adopted, one governing the method and criteria for formulating the list of most important events to which public viewing access should be ensured, and the other the criteria and conditions for the determination of Slovenian audio-visual works. Slovenia has taken steps to participate in the Community Media Plus and Media Training programmes as of 2003. In the field of culture, Slovenia's active participation in the Culture 2000 programme began in January 2002.

Overall assessment

With the adoption of the Mass Media Act in April 2001 and of the amendments to the Law on Radiotelevizija Slovenija in September 2001, Slovenian legislation is now largely aligned with the audio-visual acquis. However, some further fine-tuning of the Mass Media Act will be necessary before accession, in particular regarding the definition of European audio-visual works and the derogation of the obligation to broadcast European works in favour of local and regional broadcasters. In addition, the adoption of the secondary legislation provided for in the Mass Media Act has to be completed. The Media and Audio-visual Culture Department within the Ministry of Culture carries out administrative supervision and inspection, and also drafts and implements legislation, in the media and audio-visual field. It monitors implementation of the Mass Media Act. However, with a staff of three people plus one independent inspector, it is seriously understaffed. The Agency for Telecommunication and Broadcasting monitors programme requirements, following the Mass Media Act's provisions, and on the initiative of the Broadcasting Council. The administrative capacity of the Agency must be increased. Its own financial resources and responsibility for its own human resources would ensure the independence of the Agency. Slovenia is a party to the Council of Europe Convention on Transfrontier Television and its amending Protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that provided that the necessary legislative measures were pursued in line with the planned time-scale and were accompanied by the necessary structural adaptation of the industry, Slovenia should be able to meet EC requirements in the audio-visual sector in the medium term. Since the Opinion, Slovenia has made significant progress in particular by adopting the Mass Media Act and by amending the law on Radiotelevizija Slovenia. Slovenia is well advanced in its preparations for accession in this field. The necessary administrative structures are in place. Negotiations on this chapter have been provisionally closed. Slovenia has not requested any transitional arrangements. Slovenia is generally meeting the commitments it has made in the accession negotiations in this field. In order to complete preparations for membership, Slovenia's efforts should now focus on completing the final legislative adjustments and on ensuring the proper functioning of the relevant administrative bodies.