No L 202/60 Official Journal of the European Communities 30. 7. 97 DIRECTIVE 97/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provi- sions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 57(2) and 66 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189b of the Treaty (%) in the light of the joint text approved by the Conciliation Committee on 16 April 1997, (1) Whereas Council Directive 89/552/EEC (*) consti- tutes the legal framework for television broadcasting in the internal market; (2) Whereas Article 26 of Directive 89/552/EEC states that the Commission shall, not later than the end of the fifth year after the date of adoption of the Dir- ective, submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of the Directive and, if necessary, make further proposals to adapt it to de- velopments in the field of television broadcasting; (3) Whereas the application of Directive 89/552/EEC and the report on its application have revealed the need to clarify certain definitions or obligations on Member States under this Directive; (4) Whereas the Commission, in its communication of 19 July 1994 entitled ‘Europe’s way to the informa- tion society: an action plan’, underlined the im- () O] No C 185, 19. 7. 1995, p. 4 and 0J No C 221, 30. 7. 1996, p. 10. () OJ No C 301, 13. 11. 1995, p. 3. (') Opinion of the European Parliament of 14 February 1996 (O] No C 65, 4. 3. 1996, p.113). Council Common Position of 18 July 1996 (O] No C 264, 11. 9. 1996, p. 52) and Decision of the Buropean Parliament of 12 November 1996 (O] No C 362, 2. 12. 1996, p. 56). Decision of the European Parliament of 10 June 1997 and Decision of the Council of 19 June 1997. () OJ No L 298, 17. 10. 1989, p. 23. Directive as amended by the 1994 Act of Accession. portance of a regulatory framework applying to the content of audiovisual services which would help to safeguard the free movement of such services in the Community and be responsive to the opportunities for growth in this sector opened up by new techno- logies, while at the same time taking into account the specific nature, in particular the cultural and sociological impact, of audiovisual programmes, whatever their mode of transmission; (5) Whereas the Council welcomed this action plan at its meeting of 28 September 1994 and stressed the need to improve the competitiveness of the Euro- pean audiovisual industry; (6) Whereas the Commission has submitted a Green Paper on the Protection of Minors and Human Dignity in audiovisual and information services and has undertaken to submit a Green Paper focusing on developing the cultural aspects of these new services; (7) Whereas any legislative framework concerning new audiovisual services must be compatible with the primary objective of this Directive which is to create the legal framework for the free movement of services; (8) Whereas it is essential that the Member States should take action with regard to services comparable to television broadcasting in order to prevent any breach of the fundamental principles which must govern information and the emergence of wide disparities as regards free movement and competi- tion; (%) Whereas the Heads of State and Government meeting at the European Council in Essen on 9 and 10 December 1994 called on the Commission to present a proposal for a revision of Directive 89/552/EEC before their next meeting; (10) Whereas the application of Directive 89/552/EEC has revealed the need to clarify the concept of juris- diction as applied specifically to the audiovisual sector; whereas, in view of the case law of the Court of Justice of the European Communities, the es- tablishment criterion should be made the principal criterion determining the jurisdiction of a particular Member State;