WRITTEN QUESTION No. 10/98 by Graham MATHER to the Commission. Theatrical exclusively windows - media chronologies
C 223/82 EN Official Journal of the European Communities 17. 7. 98 Answer given by Mrs Bjerregaard on behalf of the Commission (18 February 1998) Member States are not required to provide the Commission with any information on the environmental impact assessments that they carry out under Council Directive 85/337/EEC of 27 June 1985 on the assessment of the impact of certain public and private projects on the environment (1). Therefore the Commission is currently not up to date as regards any assessments relating to the two hydroelectric stations mentioned by the Honourable Member. (1) OJ L 175, 5. 7. 1985. (98/C 223/102) WRITTEN QUESTION E-0010/98 by Graham Mather (PPE) to the Commission (29 January 1998) Subject: Theatrical exclusively windows › media chronologies In the original drafts of the Television Without Frontiers Directive 97/36/EC (1), provisions were envisaged to guarantee some protection for films released at the cinema before their transmission via television. In the final version of the text, Article 7 of the Directive enshrined the principle of contractual freedom, stating: Member States shall ensure that broadcasters under their jurisdiction do not broadcast cinematographic works outside periods agreed with the rights holdersí. 1. What mechanisms does the Commission have in place to ensure that this provision is applied effectively throughout the Member States? 2. Does the Commission intend to stick to its policy of non-harmonization in this area and is the principle of contractual freedom guaranteed for the foreseeable future? (1) OJ L 202, 30. 7. 1997, p. 60. Answer given by Mr Oreja on behalf of the Commission (4 March 1998) Article 7 of Parliament and Council Directive 97/36/EC of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities coordinates national rules on media chronology. This article provides that the Member States must ensure that broadcasters under their jurisdiction do not broadcast cinematographic works outside periods agreed with the rights holders. The Community rule is thus that of contractual freedom, the rights holders being able to conclude agreements with broadcasters on the time scale for broadcasting their works, either individual or collective (see recital No 32). The Member States must not impose obligatory time scales through national measures. There is, therefore, a certain harmonisation in this area. These provisions are not those initially proposed by the Commission, which had provided for compulsory time scales should the rights holders fail to come to an agreement. The change is the result of an amendment adopted by Parliament at second reading which was accepted by the Council and the Commission. To ensure that this provision is adhered to, the Commission has at its disposal the usual measures conferred on it by the EC Treaty, notably Article 169