§ Lord Brougham and Vauxasked Her Majesty's Government:
What recent discussions the EC Council of Ministers have had on the draft broadcasting directive.
Earl FerrersUnder the Spanish presidency, the Council of Ministers (Internal Market) has had a series of meetings in order to identify a satisfactory way forward on the European Commission's 645WA proposal for a directive on broadcasting. These enabled the Council, on 13th April, to adopt a common position on the draft directive.
The original proposal from the Commission gave rise to a number of difficulties for us and other member states. We were concerned in particular at the proposals for formal numerical quotas for European programme content, the provisions put forward on copyright and the potentially troubling extension of EC competence implicit in the proposals on protection of minors. More generally we argued that the Council of Europe was the right forum for the conclusion of a European regulatory instrument in relation to broadcasting, and we were therefore putting our weight behind efforts to conclude a European Convention on Transfrontier Broadcasting under the aegis of the Council of Europe.
Since then we have played a full part in the negotiations on the draft convention, the text of which was finalised in March. The United Kingdom signed the convention when it was opened for signature on 5th May. The convention substantially meets all the points on which we had reservations in relation to the draft directive, and is in our judgment an acceptable basis for European regulation. We therefore welcomed the decision of the European regulation. We therefore welcomed the decision of the European Council in Rhodes last December that the future work of the Community in relation to broadcasting should be based on that of the Council of Europe and that the directive should accordingly be adapted in the light of the convention. This alignment of the two instruments has been undertaken by the internal market council. As a result a new draft of the directive has been produced which follows closely the approach of the convention. This has enabled us to withdraw our earlier objections to the substance of the directive.
We believe that the council's common position represents a satisfactory outcome. We have successfully resisted the arguments of some member states for protectionist measures which would have imposed greater restrictions on European broadcasters and have instead achieved a substantially deregulatory text fully in line with that of the Council of Europe Convention. Our recent White Paper on broadcasting made clear that these international instruments, when concluded, would contribute to the maintenance of programme standards throughout Europe, while removing the barriers which have hitherto inhibited the free flow of broadcasting services. They are consistent with the approach of the Government towards domestic broadcasting services in establishing an enabling regulatory framework to allow increased opportunities for broadcasters and viewers while ensuring the maintenance of programme standards on taste and decency.
646WA