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)
(2000/821/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 157(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas:
(1)
From
6
to
8 April 1998
, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on
‘
Challenges and opportunities of the digital age
’
in Birmingham. This consultation process revealed the need for an enhanced programme of support for the European audiovisual industry, in particular in the area of the development, distribution and promotion of European audiovisual works. Moreover, in the digital age, activities in the audiovisual field also contribute towards the creation of new jobs, particularly in the production and dissemination of audiovisual content.
(2)
On
28 May 1998
, the Council, in approving the outcome of the European Audiovisual Conference in Birmingham, highlighted the desirability of encouraging the development of a strong and competitive European audiovisual programme industry, taking particular account of Europe's cultural diversity and the specific conditions obtaining in restricted linguistic areas.
(3)
The Report of the High-Level Group on Audiovisual Policy of
26 October 1998
entitled
‘
The Digital Age: European Audiovisual Policy
’
recognises the need to strengthen support measures for the cinematographic and audiovisual industry, in particular by endowing the MEDIA programme with resources commensurate with the size and strategic importance of the industry.
(4)
The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled
‘
European content for the digital millennium
’
, organised in Helsinki on
10
and
11 September 1999
by the Presidency-in-office in cooperation with the Commission.
(5)
In the communication from the Commission to the European Parliament and the Council of Ministers entitled
‘
Audiovisual policy: Next Steps
’
the Commission recognises the need for increased public support, particularly at Community level, for strengthening the competitiveness of the European audiovisual industry.
(6)
The Green Paper on the
‘
The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation
’
underlines the risk of a shortage of good quality content on the digital and analogue television.
(7)
The Commission's public consultation on the Green Paper, highlighted the need to establish a framework to underpin the distribution and promotion of European audiovisual content for the traditional and new media in a digital environment.
(8)
In its conclusions of
27 September 1999
concerning the results of the public consultation on the Convergence Green Paper
, the Council called upon the Commission to take account of these results when drawing up proposals for measures for the strengthening of the European audiovisual industry, including the multimedia industry.
(9)
In its Communication of
14 December 1999
on
‘
Principles and Guidelines for the Community's Audiovisual Policy in the Digital Age
’
, the Commission defined its priorities in the audiovisual sector for the period 2000 to 2005.
(10)
The Commission implemented an
‘
Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)
’
, adopted by Council Decision 90/685/EEC
, and which comprised in particular measures designed to support the development and distribution of European audiovisual works.
(11)
Further to the Green Paper
‘
Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union
’
, the Commission submitted in November 1995 a proposal for a Council Decision establishing a European Guarantee Fund to promote cinema and television production
, on which the European Parliament delivered a favourable opinion on
22 October 1996
.
(12)
The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II Programme (1996-2000), adopted by Council Decision 95/563/EC
and by Council Decision 95/564/EC
. It is appropriate, on the basis of the experience acquired from the Programme, to ensure its extension, taking into account the results obtained.
(13)
In its report on the results obtained under the MEDIA II (1996-2000) programme, from
1 January 1996
to
30 June 1998
, the Commission considers that the programme meets the principle of the subsidiarity of Community aid to national aid, since the areas in which MEDIA II intervenes complement the areas in which national support mechanisms traditionally intervene.
(14)
It is necessary to take cultural aspects of the audiovisual sector into account in accordance with Article 151(4) of the Treaty.
(15)
In accordance with the negotiating mandate given to the Commission by the Council, during the forthcoming World Trade Organisation (WTO) negotiations the Union should ensure, as in the Uruguay Round, that the Community and its Member States maintain the possibility to preserve and develop their capacity to define and implement their cultural and audiovisual policies for the purpose of preserving their cultural diversity.
(16)
Taking the same approach, the European Parliament, in its Resolution of
18 November 1999
, recognised the European audiovisual sector's special role in sustaining cultural pluralism, a healthy economy and freedom of expression, reaffirmed its commitment to the freedom of action in the sphere of audiovisual policy obtained at the Uruguay Round, and took the view that the General Agreement on Trade in Services (GATS) rules on cultural services, in particular in the audiovisual sector, should not jeopardise the cultural diversity and autonomy of the WTO contracting parties.
(17)
In order to increase the added value of the Community measures, it is necessary to ensure complementarity between the measures taken at Community level and national forms of support.
(18)
It is necessary to establish consistency between this Decision and the action of the Commission on national measures to support the audiovisual sector, especially in the interests of preserving cultural diversity in Europe, by enabling national policies to develop adequately the potential for production in Member States. In addition, Community support can be combined with any public support.
(19)
The emergence of a European audiovisual market necessitates the development and production of European works, i.e. works originating in the Member States as well as works originating in European third countries participating in the MEDIA Plus programme or having a cooperation framework satisfying the conditions set out in Council Directive 89/552/EEC of
3 October 1989
on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
.
(20)
In the next few years the digital revolution will mean that European audiovisual works will become more easily accessible thanks to new ways of transporting audiovisual content, and will become more widely available outside their country of origin.
(21)
The competitiveness of the audiovisual programme industry depends on the use of new technologies at the programme development, production and distribution stages. It is therefore appropriate to ensure suitable and effective coordination with the measures undertaken in the field of new technologies, in particular the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002), as adopted by Decision No 182/1999/EC of the European Parliament and of the Council
, the future Sixth Framework Programme, and new opportunities for multilingual production, in order to make for consistency with the measures to be undertaken under those programmes, focusing in particular on the needs and potential of small and medium-sized enterprises (SMEs) operating on the audiovisual market.
(22)
In order to support European audiovisual projects, the Commission will examine the possibility of additional funding under other Community instruments, notably in the framework of
‘
e-Europe
’
and the initiatives resulting from the Lisbon European Council conclusions, such as the European Investment Bank (EIB), the European Investment Fund (EIF) and the research framework programmes. The professionals in the audiovisual sector should be informed of the various support arrangements available to them within the framework of the European Union.
(23)
In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the ongoing review of EIB and EIF financial instruments in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital initiatives and guarantee arrangements proposed by the EIB and the EIF. In this connection, particular attention should be paid to the audiovisual industry, in order to improve its access to capital markets and increase its competitiveness.
(24)
In its report to the European Council, entitled
‘
Job Opportunities in the Information Society
’
, the Commission referred to the major job-creation potential provided by the new audiovisual services.
(25)
In its Communication on Community policies in support of employment, the Commission recognised the MEDIA II Programme's positive impact on employment in the audiovisual sector.
(26)
It is appropriate therefore to facilitate the development of investment in the European audiovisual industry and to call on the Member States to encourage job-creation in that industry by various means.
(27)
The MEDIA Plus programme should allow the establishment of an environment conducive to entrepreneurial skills and investment, so as to guarantee a place for the European audiovisual sector in the global economy and the effective promotion of cultural diversity.
(28)
The contribution that SMEs can make to the development of the audiovisual sector should be turned to good account.
(29)
There is a need to improve the conditions for distributing and promoting European cinematographic works on the European and international markets. Cooperation between international and national distributors, cinema owners and producers should be encouraged; networking by distributors, in particular SMEs, should also be encouraged, and support should be given to concerted action to promote common programming measures at European level.
(30)
There is a need to improve the television broadcasting prospects of European works on the European and international markets. Given the leading role which television channels can play in disseminating European works and the inadequate time they currently devote to such works in their scheduling, it is important that European broadcasters (as defined in Article 2 of Directive 89/552/EEC), encourage the European transmission of programmes by purchasing works produced in other Member States.
(31)
There is a need to facilitate market access for independent European production and distribution companies, and to promote both European works and European companies in the audiovisual sector.
(32)
Public access to the European audiovisual heritage should be improved, in particular through its digitisation and networking at European level.
(33)
European content holders should be encouraged to digitise and network their catalogues, including their archives and cinematographic heritage.
(34)
Support for development, distribution and promotion should take account of structural objectives, such as developing potential in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, and/or the development of an independent European sector, in particular SMEs.
(35)
The associated countries of Central and Eastern Europe, as well as Cyprus, Malta, Turkey and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries.
(36)
The other countries of Europe which are parties to the European Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled to participate in this Programme on the basis of supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties. Those countries should be able, if they wish, and regard being had to budgetary considerations or the priorities of their audiovisual industries, to participate in the programme and to benefit under a more limited cooperation formula, on the basis of supplementary appropriations and specific arrangements to be agreed between the interested parties.
(37)
The opening-up of the Programme to European third countries is subject to prior examination of the compatibility of their national legislation with the Community acquis, in particular with Council Directive 89/552/EEC.
(38)
Cooperation with non-European third countries, developed on the basis of mutual and balanced interests, may enable the European audiovisual industry to derive an added value in terms of the promotion, market access, distribution, dissemination and exploitation of European works in those countries. The inclusion of third countries will increase awareness of the cultural diversity of Europe and promote the spread of common democratic values. Such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be established in the agreements between the interested parties.
(39)
A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of
6 May 1999
between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure
is included in this Decision for the entire duration of the programme, without prejudice to the powers of the budgetary authority as defined by the Treaty.
(40)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of
28 June 1999
laying down the procedures for the exercise of implementing powers conferred on the Commission
,
HAS DECIDED AS FOLLOWS:
OJ C 283, 6.10.1999, p. 1 .
OJ L 380, 31.12.1990, p. 37 .
OJ C 41, 13.2.1996, p. 8 .
OJ C 347, 18.11.1996, p. 33 .
OJ L 321, 30.12.1995, p. 25 .
OJ L 321, 30.12.1995, p. 33 .
OJ L 298, 17.10.1989, p. 23
. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (
OJ L 202, 30.7.1997, p. 60
).
OJ L 26, 1.2.1999, p. 1 .
OJ C 172, 18.6.1999, p. 1 .
OJ L 184, 17.7.1999, p. 23 .
Substituted by Corrigendum to Council Decision 2000/821/EC 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) (Official Journal of the European Communities L 336 of 30 December 2000).