MEPs vote by show of hands the unamended recommendation on the Audiovisual Media Services Directive (AMS)

The new rules were read in Parliament in December 2006. Then negotiations between Parliament and the Council took place and a political agreement backed by the Committee on Culture and Education was reached in May 2007.

Since May, lawyer-linguists have been working on the final version, which was officially adopted in the Council on 15 October and by the Parliament on 29 November.

Since the recommendation was adopted by show of hands, it is impossible to know how many MEPs voted against or in favour of this recommendation.

The new Directive should enter into force by the end of 2007.

The new directive reduces the quantitative limits on advertising to a minimum and makes them more flexible. The daily advertising limits are to be removed and hourly advertising rules are to be simplified.

As far as product placement is concerned, Germany was unfortunately unable to fully enforce its demand for a total ban. The compromise reached aims to protect consumers, by virtue of clear identification requirements, and safeguard of editorial independence. Product placement will be banned in programmes for children.

With regards to alcohol advertising, a new article, article 3 d, applicable to both, linear and non-linear services, has been introduced. The new article establishes that Member States shall ensure that audiovisual commercial communications (i.e. TV advertising, teleshopping, sponsorship and product placement) for alcoholic beverages “must not be aimed specifically at minors and may not encourage immoderate consumption of such beverages”.

Article 15, that regulates television advertising and teleshopping for alcoholic beverages on linear services, remains untouched.

All the documents can be found at the Legislative Observatory

http://www.europarl.europa.eu/oeil/file.jsp?id=5301252

http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2005/026

Summary of the debate in Parliament: Debate – November 28

Rapporteur Ruth Hieronymi (EPP-DE, DE) said that this negotiation has been a great success for the European Parliament, the European Commission and Council in reaching negotiated agreement. In particular she thanked the Commissioner, Vivane Reding. She thanked the German Presidency and Portuguese Presidency which defended the decision of the German presidency.

The AMS is vital for pluralism in the media and having TV without borders. The AMS is a modernising directive of the current TV without Frontiers directive

She talked about the changes to traditional TV, including rules on advertising, safety to consumers, and rules on reporting. On product placement there was a great discussion and transparency was needed

For TV on Internet, a European model will now be developed. This will include mobile TV. This model is not just about an economic product, but also a guarantee to preserve freedom of expression. The AMS is on time because to the current discussion on the Telecoms package

She finished by calling for a broad support from the MEPs.

Commissioner Vivane Reding expressed her pleasure and sense of pride in the getting this directive through. It retains the country of origin principle but will also help in enforcement, access to short extracts and protect consumers. She mentioned:

• Safeguarding of cultural diversity and media pluralism
• Self- and co-regulation will be allowed
• Praised the collaboration between the three institutions.

She hopes that the directive will bring legal certainty to the sector and help the sector move ahead vis a vis to other continents.

Gunnar Hökmark (EPP-ED, SE) congratulated the rapporteur and the Commissioner. Went on to say that looking at the country-of-origin principle this is a solid pre-condition for TV and for developing cinema so that audiovisual product can be exported to third countries. All the steps taken are steps forward.

On linear and non linear this will become less important in the future and the EU needs to keep examining the developments.

Catherine Trautmann (PES, DE) said this text is an acceptable compromise for the socialists. She thanked the rapporteur who was always open-minded. Rules have been extended to other services. Expressed the need to have catalogues of European works on non linear. The PES had wanted to keep the old rules on advertising but now in films, sport and fiction advertising rules will be weakened. Nonetheless a good balance has been struck on media and safety.

Ignasi Guardans Cambó (ALDE, ES) said it has been a long debate. Tomorrow if all goes well the text will be supported unanimously. Thanked the Commissioner and the rapporteur. The set of rules will bring certainty to the sector. The AMS has good rules on new technology, on advertising and on safety. The EC should monitor the application of the directive.

Zdzisław Zbigniew Podkański (UEN, PL): the directive is to ensure that media services can use the country of origin so that operators can develop non-linear service across borders. Linear services are also included. However, there rules on non-linear are too heavy and should have been limited to protection of minors and some rules on advertising. Nonetheless his group will support the report.

Helga Trüpel (Greens/EFA, DE) called on the Member states to further promote cultural diversity and to encourage the work of independent producers. Public broadcasters should have no product placement. The Greens will not vote in favour of the report because it is too liberal on advertising.

Doris Pack (EPP-ED, DE): the compromises are something she can support whole heartily. Having worked on the old directive, this one is now needed. The country of origin principle has been up-held, the rules of advertising have been slightly relaxed. Product placement is prohibited, but there are special derogations. The new directive is a good compromise and it deals with competitiveness, cultural diversity and media pluralism.

Reding said we have arrived at a directive that can help us develop towards a Europe of the future. She added that infringement procedures will be now applied to Spain under the current of the existing Directive until AMS is transposed.

Vote – November 29