2 The proportion of advertising spots and tele-shopping spots within a given clock hour shall not exceed 20%.
3 Windows devoted to tele-shopping programmes broadcast within programme services which are not exclusively devoted to tele-shopping shall be of a minimum uninterrupted duration of 15 minutes. The maximum number of windows per day shall be eight. Their overall duration shall not exceed three hours per day. They must be clearly identified by optical and acoustic means.
4 For the purposes of this article, advertising shall not include:
- announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes;
- announcements in the public interest and charity appeals broadcast free of charge.”
Article 17
Article 13 shall have the following wording:
„Article 13: Form and presentation
1 Advertising and tele-shopping shall be clearly distinguishable as such and recognisably separate from the other items of the programme service by optical and/or acoustic means. In principle, advertising and tele-shopping spots shall be transmitted in blocks.
2 Advertising and tele-shopping shall not use subliminal techniques.
3 Surreptitious advertising and tele-shopping shall not be allowed, in particular the presentation of products or services in programmes when it serves advertising purposes.
4 Advertising and tele-shopping shall not feature, visually or orally, persons regularly presenting news and current affairs programmes.”
Article 18
The following text shall replace Article 14:
„Article 14: Insertion of advertising and tele-shopping
1 Advertising and tele-shopping shall be inserted between programmes. Provided the conditions contained in paragraphs 2 to 5 of this article are fulfilled, advertising and tele-shopping spots may also be inserted during programmes in such a way that the integrity and value of the programme and the rights of the rights holders are not prejudiced.
2 In programmes consisting of autonomous parts, or in sports programmes and similarly structured events and performances containing intervals, advertising and tele-shopping spots shall only be inserted between the parts or in the intervals.
3 The transmission of audiovisual works such as feature films and films made for television (excluding series, serials, light entertainment programmes and documentaries), provided their scheduled duration is more than forty-five minutes, may be interrupted once for each complete period of forty-five minutes. A further interruption is allowed if their scheduled duration is at least twenty minutes longer than two or more complete periods of forty-five minutes.
4 Where programmes, other than those covered by paragraph 2, are interrupted by advertising or tele-shopping spots, a period of at least twenty minutes should elapse between each successive advertising or tele-shopping break within the programme.
5 Advertising and tele-shopping shall not be inserted in any broadcast of a religious service. News and current affairs programmes, documentaries, religious programmes, and children’s programmes, when their scheduled duration is less than thirty minutes, shall not be interrupted by advertising or tele-shopping. If their scheduled duration is thirty minutes or longer, the provisions of the previous paragraphs shall apply.”
Article 19
The heading of Article 15 and paragraphs 1 to 2a, of this article shall have the following wording:
„Article 15: Advertising and tele-shopping of particular products
1 Advertising and tele-shopping for tobacco products shall not be allowed.
2 Advertising and tele-shopping for alcoholic beverages of all varieties shall comply with the following rules:
a they shall not be addressed particularly to minors and no one associated with the consumption of alcoholic beverages in advertising or tele-shopping should seem to be a minor;”
Article 20
In the French text, Article 15, paragraph 2, sub-paragraphs b to e, shall be worded as follows:
„b ils ne doivent pas associer la consommation de l’alcool á des performances physiques ou á la conduite automobile;
c ils ne doivent pas suggérer que les boissons alcoolisées sont dotées de propriétés thérapeutiques ou qu’elles ont un effet stimulant, sédatif, ou qu’elles peuvent résoudre des problémes personnels;
d ils ne doivent pas encourager la consommation immodérée de boissons alcoolisées ou donner une image négative de l’abstinence ou de la sobriété;
e ils ne doivent pas souligner indument la teneur en alcool des boissons.”
Article 21
A new paragraph 5 reading as follows shall be inserted in Article 15:
„5 Tele-shopping for medicines and medical treatment shall not be allowed.”
Article 22
Article 16 will have the following wording:
„Article 16: Advertising and tele-shopping directed specifically at a single Party
1 In order to avoid distortions in competition and endangering the television system of a Party, advertising and tele-shopping which are specifically and with some frequency directed to audiences in a single Party other than the transmitting Party shall not circumvent the television advertising and tele-shopping rules in that particular Party.
2 The provisions of the preceding paragraph shall not apply where:
a the rules concerned establish a discrimination between advertising and tele-shopping transmitted by a broadcaster within the jurisdiction of that Party and advertising and tele-shopping transmitted by a broadcaster or any other legal or natural person within the jurisdiction of another Party; or
b the Parties concerned have concluded bilateral or multilateral agreements in this area.”
Article 23
Paragraph 1 of Article 18 shall read as follows:
„1 Programmes may not be sponsored by natural or legal persons whose principal activity is the manufacture or sale of products, or the provision of services, the advertising and tele-shopping of which are prohibited by virtue of Article 15.”
Article 24
A new paragraph 2 reading as follows shall be inserted in Article 18:
„2 Companies whose activity includes, inter alia, the manufacture or sale of medicines and medical treatments may sponsor programmes by promoting the name, trademark, image or activities of the company, to the exclusion of any reference to medicines or specific medical treatment available only on medical prescription in the transmitting Party.”
Article 25
Paragraph 2 of Article 18 shall be renumbered to paragraph 3.
Article 26
A new Chapter IVbis reading as follows shall be inserted:
„Chapter IVbis - Programme services devoted exclusively to self-promotion or tele-shopping
Article 18bis: Programme services devoted exclusively to self-promotion
1 The provisions of this Convention shall apply mutatis mutandis to programme services devoted exclusively to self-promotion.
2 Other forms of advertising shall be allowed on such services within the limits established by Article 12, paragraphs 1 and 2.
Article 18ter: Programme services devoted exclusively to tele-shopping
1 The provisions of this Convention shall apply mutatis mutandis to programme services devoted exclusively to tele-shopping.
2 Advertising shall be allowed on such services within the limits established in Article 12, paragraph 1, Article 12, paragraph 2, shall not apply.”
Article 27
The last sentence of paragraph 4 of Article 20 shall be deleted and paragraph 7 of Article 20 shall have the following wording:
„7 Subject to the provisions of Article 9bis, paragraph 3b, and Article 23, paragraph 3, the decisions of the Standing Committee shall be taken by a majority of three-quarters of the members present.”
Article 28
Article 21 shall be supplemented as follows:
„f give opinions on abuse of rights under Article 24bis, paragraph 2c.
2 In addition, the Standing Committee shall:
a draw up the guidelines referred to in Article 9bis, paragraph 3b, in order to avoid differences between the implementation of the provisions of this Convention concerning access of the public to events of major importance for society and that of corresponding European Community provisions;
b give an opinion on the measures taken by Parties which have drawn up a list of national or non-national events which are considered by those Parties as being of major importance for society in accordance with Article 9bis, paragraph 2;
c publish once a year a consolidated list of the enlisted events and corresponding measures notified by Parties in accordance with Article 9bis, paragraph 2e.”
Article 29
Two new paragraphs 5 and 6, reading as follows, shall be inserted in Article 23:
„5 However, the Committee of Ministers may, after consulting the Standing Committee, decide that a particular amendment shall enter into force following the expiry of a period of two years after the date on which it has been opened to acceptance, unless a Party has notified the Secretary General of the Council of Europe of an objection to its entry into force. Should such an objection be notified, the amendment shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.
6 If an amendment has been approved by the Committee of Ministers, but has not yet entered into force in accordance with paragraphs 4 or 5, a State or the European Community may not express their consent to be bound by the Convention without accepting at the same time the amendment.”
Article 30
A new Article 24bis, reading as follows, shall be inserted:
„Article 24bis: Alleged abuses of rights conferred by this Convention
1 When the programme service of a broadcaster is wholly or principally directed at the territory of a Party other than that which has jurisdiction over the broadcaster (the „receiving Party”), and the broadcaster has established itself with a view to evading the laws in the areas covered by the Convention which would have applied to it had it fallen within the jurisdiction of that other Party, this shall constitute an abuse of rights.
2 Where such an abuse is alleged by a Party, the following procedure shall apply:
a the Parties concerned shall endeavour to achieve a friendly settlement;
b if they fail to do so within three months, the receiving Party shall refer the matter to the Standing Committee;
c having heard the views of the Parties concerned, the Standing Committee shall, within six months of the date on which the matter was referred to it, give an opinion on whether an abuse of rights has been committed and shall inform the Parties concerned accordingly.
3 If the Standing Committee has concluded that an abuse of rights has occurred, the Party whose jurisdiction the broadcaster is deemed to be within shall take appropriate measures to remedy the abuse of rights and shall inform the Standing Committee of those measures.
4 If the Party whose jurisdiction the broadcaster is deemed to be within has failed to take the measures specified in paragraph 3 within six months, the arbitration procedure set out in Article 26, paragraph 2, and the appendix of the Convention shall be pursued by the Parties concerned.
5 A receiving Party shall not take any measures against the programme service concerned until the arbitration procedure has been completed.
6 Any measures proposed or taken under this article shall comply with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
Article 31
Article 28 shall have the following wording:
„Article 28: Relations between the Convention and the internal law of the Parties
Nothing in this Convention shall prevent the Parties from applying stricter or more detailed rules than those provided for in this Convention to programme services transmitted by a broadcaster deemed to be within their jurisdiction, within the meaning of Article 5.”
Article 32
Paragraph 1 of Article 32 shall have the following wording:
„1 At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession any State may declare that it reserves the right to restrict the retransmission on its territory, solely to the extent that it does not comply with its domestic legislation, of programme services containing advertising for alcoholic beverages according to the rules provided for in Article 15, paragraph 2, of this Convention.
No other reservation may be made.”
Article 33
In Article 20, paragraph 2, Article 23, paragraph 2, Article 27, paragraph 1, Article 29, paragraphs 1 and 4, Article 34 and in the closing formula, the words „European Economic Community” are replaced by „European Community”.
Article 34
This Protocol shall be open for acceptance by the Parties to the Convention. No reservation may be made.
Article 35
1 This Protocol shall enter into force on the first day of the month following the date on which the last of the Parties to the Convention has deposited its instrument of acceptance with the Secretary General of the Council of Europe.
2 However, this Protocol shall enter into force following the expiry of a period of two years after the date on which it has been opened to acceptance, unless a Party to the Convention has notified the Secretary General of the Council of Europe of an objection to its entry into force. The right to make an objection shall be reserved to those States or the European Community which expressed their consent to be bound by the Convention prior to the expiry of a period of three months after the opening for acceptance of this Protocol.
3 Should such an objection be notified, the Protocol shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.
4 A Party to the Convention may, at any time, declare that it will apply the Protocol on a provisional basis.
Article 36
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other Parties to the Convention and the European Community of:
a the deposit of any instrument of acceptance;
b any declaration of provisional application of this Protocol in accordance with Article 35, paragraph 4;
c any date of entry into force of this Protocol in accordance with Article 35, paragraphs 1 to 3;
d any other act, notification or communication relating to this Protocol.
Done at Strasbourg, the 9th day of September 1998, in English and French, and opened for acceptance the 1st day of October 1998. Both texts are equally authentic and shall be deposited in a single copy in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other Parties to the Convention and to the European Community.
JEGYZŐKÖNYV A HATÁROKAT ÁTLÉPŐ TELEVÍZIÓZÁSRÓL SZÓLÓ EURÓPAI EGYEZMÉNY MÓDOSÍTÁSÁRÓL
STRASBOURG, 1998. október 1.
Az Európa Tanács tagállamai és az 1989. május 5-én, Strasbourgban elfogadásra megnyitott határokat átlépő televíziózásról szóló európai egyezményben (a továbbiakban: „az Egyezmény”) részes többi Fél,