Article 15

Advertising of particular products

1. Advertisements for tobacco products shall not be allowed.

2. Advertisements 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 advertisements should seem to be a minor;

b) they shall not link the consumption of alcohol to physical performance or driving;

c) they shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal problems;

d) they shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;

e) they shall not place undue emphasis on the alcoholic content of beverages.

3. Advertisements for medicines and medical treatment which are only available on medical prescription in the transmitting Party shall not be allowed.

4. Advertisements for all other medicines and medical treatment shall be clearly distinguishable as such, honest, truthful and subject to verification and shall comply with the requirement of protection of the individual from harm.

Article 16

Advertising directed specifically at a single Party

1. In order to avoid distortions in competition and endangering the television system of a Party, advertisements 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 rules in that particular Party.

2. The provisions of the preceding paragraph shall not apply where:

a) the rules concerned establish a discrimination between advertisements transmitted by entities or by technical means within the jurisdiction of that Party and advertisements transmitted by entities or by technical means within the jurisdiction of another Party, or

b) the Parties concerned have concluded bilateral or multilateral agreements in this area.

Chapter IV

SPONSORSHIP

Article 17

General standards

1. When a programme or series of programmes is sponsored in whole or in part, it shall clearly be identified as such by appropriate credits at the beginning and/or end of the programme.

2. The content and scheduling of sponsored programmes may in no circumstances be influenced by the sponsor in such a way as to affect the responsibility and editorial independence of the broadcaster in respect of programmes.

3. Sponsored programmes shall not encourage the sale, purchase or rental of the products or services of the sponsor or a third party, in particular by making special promotional references to those products or services in such programmes.

Article 18

Prohibited sponsorship

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 of which is prohibited by virtue of Article 15.

2. Sponsorship of news and current affairs programmes shall not be allowed.

Chapter V

MUTUAL ASSISTANCE

Article 19

Co-operation between the Parties

1. The Parties undertake to render each other mutual assistance in order to implement this Convention.

2. For that purpose:

a) each Contracting State shall designate one or more authorities, the name and address of each of which it shall communicate to the Secretary General of the Council of Europe at the time of deposit of its instrument of ratification, acceptance, approval or accession;

b) each Contracting State which has designated more than one authority shall specify in its communication under sub-paragraph a the competence of each authority.

3. An authority designated by a Party shall:

a) furnish the information foreseen under Article 6, paragraph 2, of this Convention;

b) furnish information at the request of an authority designated by another Party on the domestic law and practices in the fields covered by this Convention;

c) co-operate with the authorities designated by the other Parties whenever useful, and notably where this would enhance the effectiveness of measures taken in implementation of this Convention;

d) consider any difficulty arising from the application of this Convention which is brought to its attention by an authority designated by another Party.

Chapter VI

STANDING COMMITTEE

Article 20

Standing Committee

1. For the purposes of this Convention, a Standing Committee shall be set up.

2. Each Party may be represented on the Standing Committee by one or more delegates. Each delegation shall have one vote. Within the areas of its competence, the European Economic Community shall exercise its right to vote with a number of votes equal to the number of its member States which are Parties to this Convention; the European Economic Community shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely.

3. Any State referred to in Article 29, paragraph 1, which is not a Party to this Convention may be represented on the Standing Committee by an observer.

4. The Standing Committee may seek the advice of experts in order to discharge its functions. It may, on its own initiative or at the reques of the body concerned, invite any international or national, governmental or non-governmental body technically qualified in the fields covered by this Convention to be represented by an observer at one or part of one of its meetings. The decision to invite such experts or bodies shall be taken by a majority of three-quarters of the members of the Standing Committee.

5. The Standing Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within six months of the date of entry into force of the Convention. It shall subsequently meet whenever one-third of the Parties or the Committee of Ministers of the Council of Europe so requests, or on the initiative of the Secretary General of the Council of Europe in accordance with the provisions of Article 23, paragraph 2, or at the request of one or more Parties in accordance with the provisions of Articles 21, sub-paragraph c) and 25, paragraph 2.

6. A majority of the Parties shall constitute a quorum for holding a meeting of the Standing Committee.

7. Subject to the provisions of paragraph 4 and Article 23, paragraph 3, the decisions of the Standing Committee shall be taken by a majority of three-quarters of the members present.

8. Subject to the provisions of this Convention, the Standing Committee shall draw up its own Rules of Procedure.

Article 21

Functions of the Standing Committee

The Standing Committee shall be responsible for following the application of this Convention. It may:

a) make recommendations to the Parties concerning the application of the Convention;

b) suggest any necessary modifications of the Convention and examine those proposed in accordance with the provisions of Article 23;

c) examine, at the request of one or more Parties, questions concerning the interpretation of the Convention;

d) use its best endeavours to secure a friendly settlement of any difficulty referred to it in accordance with the provisions of Article 25;

e) make recommendations to the Committee of Ministers concerning States other than those referred to in Article 29, paragraph 1, to be invited to accede to this Convention.

Article 22

Reports of the Standing Committee

After each meeting, the Standing Committee shall forward to the Parties and the Committee of Ministers of the Council of Europe a report on its discussions and any decisions taken.

Chapter VII

AMENDMENTS

Article 23

Amendments

1. Any Party may propose amendments to this Convention.

2. Any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the other States party to the European Cultural Convention, to the European Economic Community and to any non-member State which has acceded to, or has been invited to accede to this Convention in accordance with the provisions of Article 30. The Secretary General of the Council of Europe shall convene a meeting of the Standing Committee at the earliest two months following the communication of the proposal.

3. The Standing Committee shall examine any amendment proposed and shall submit the text adopted by a majority of three-quarters of the members of the Standing Committee to the Committee of Ministers for approval. After its approval, the text shall be forwarded to the Parties for acceptance.

4. Any amendment shall enter into force on the thirtieth day after all the Parties have informed the Secretary General of their acceptance thereof.

Chapter VIII

ALLEGED VIOLATIONS OF THIS CONVENTION

Article 24

Alleged violations of this Convention

1. When a Party finds a violation of this Convention, it shall communicate to the transmitting Party the alleged violation and the two Parties shall endeavour to overcome the difficulty on the basis of the provisions of Articles 19, 25 and 26.

2. If the alleged violation is of a manifest, serious and grave nature which raises important public issues and concerns Articles 7, paragraphs 1 or 2, 12, 13, paragraph 1, first sentence, 14 or 15, paragraphs 1 or 3, and if it persists within two weeks following the communication, the receiving Party may suspend provisionally the retransmission of the incriminated programme service.

3. In all other cases of alleged violation, with the exception of those provided for in paragraph 4, the receiving Party may suspend provisionally the retransmission of the incriminated programme service eight months following the communication, if the alleged violation persists.

4. The provisional suspension of retransmission shall not be allowed in the case of alleged violations of Articles 7, paragraph 3, 8, 9 or 10.

Chapter IX

SETTLEMENT OF DISPUTES

Article 25

Conciliation

1. In case of difficulty arising from the application of this Convention, the parties concerned shall endeavour to achieve a friendly settlement.

2. Unless one of the parties concerned objects, the Standing Committee may examine the question, by placing itself at the disposal of the parties concerned in order to reach a satisfactory solution as rapidly as possible and, where appropriate, to formulate an advisory opinion on the subject.

3. Each party concerned undertakes to accord the Standing Committee without delay all information and facilities necessary for the discharge of its functions under the preceding paragraph.

Article 26

Arbitration

1. If the parties concerned cannot settle the dispute in accordance with the provisions of Article 25, they may by common agreement, submit it to arbitration, the procedure of which is provided for in the appendix to this Convention. In the absence of such an agreement within six months following the first request to open the procedure of conciliation, the dispute may be submitted to arbitration at the request of one of the parties.

2. Any Party may, at any time, declare that it recognises as compulsory ipso facto and without special agreement in respect of any other Party accepting the same obligation the application of the arbitration procedure provided for in the appendix to this Convention.

Chapter X

OTHER INTERNATIONAL AGREEMENTS AND THE INTERNAL LAW OF THE PARTIES

Article 27

Other international agreements or arrangements

1. In their mutual relations, Parties which are members of the European Economic Community shall apply Community rules and shall not therefore apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned.

2. Nothing in this Convention shall prevent the Parties from concluding international agreements completing or developing its provisions or extending their field of application.

3. In the case of bilateral agreements, his Convention shall not alter the rights and obligations of Parties which arise from such agreements and which do not affect the enjoyment of other Parties of their rights or the performance of their obligations under this Convention.

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 entities or by technical means within their jurisdiction, within the meaning of Article 3.

Chapter XI

FINAL PROVISIONS

Article 29

Signature and entry into force

1. This Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention, and by the European Economic Community. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which seven States, of which at least five member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance whith the provisions of the preceding paragraph.

3. A State may, at the time of signature or at any later date prior to the entry into force of this Convention in respect of that State, declare that it shall apply the Convention provisionally.

4. In respect of any State referred to in paragraph 1, or the European Economic Community, which subsequently express their consent to be bound by it, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, aceptance or approval.

Article 30

Accession by non-member States

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States may invite any other State to accede to this Convention by a decision taken by the majority provided for in Article 20. d) of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

2. In respct of any acceding State, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 31

Territorial application

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.