EU television quota dispute faces Irish presidency

"THE French failed, so did the Spanish, and the Italians are set to fail, leaving it up to Ireland to find agreement on EU television…

"THE French failed, so did the Spanish, and the Italians are set to fail, leaving it up to Ireland to find agreement on EU television policy when it takes over the presidency on July 1st.

Tomorrow the European Parliament debates the proposed Television Without Frontiers directive which lays down, among other things, quotas for European programmes to be shown on European television.

But with the culture committed having tabled 59 amendments to a document produced after months of debate within the Council and the Commission, the parliament is unlikely to agree to the directive as currently drafted.

The Commission is expected to defend its proposal, and it does have its allies in parliament, but no policy is expected to emerge from the labyrinthine EU structures until the end of the year at the earliest.

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It is fitting that Ireland should be called on to find a solution, because in 1986, at the time of the first directive, it was a formula of words proposed by Ireland that lies at the heart of the present row.

The figure for European produced programmes was set at 51 per cent. Ireland had two words inserted in the directive, which said 51 per cent "where practicable". Independent producers, including Irish ones, insist that those two words made it effectively impossible to police the directive, or take television companies to court if they failed to adhere to the quota.

The directive being debated tomorrow has replaced the words "where practicable" with "by appropriate means". The Parliament therefore will be voting on an amendment proposing that television companies comply with the quotas by "appropriate and legally effective means". This is the wording approved by Film Makers Ireland, the representative body for Irish film and programme producers.

The Commission President, Mr Jacques Santer, and Germany, opposed quotas. The French favoured them and received the backing of the Minister for Arts, Culture and the Gaeltacht, Mr Higgins.

The original debate about television in the mid 1980s was about deregulating it. Ten years later television has been deregulated, and the result has not always been good.

What is left unstated by the parliament, the Commission and the Council, is that everyone is trying to find different ways to police an industry that is running away from the regulators.

In 1990 there were 92 television channels in Europe. Three years later there were 129. Only this week Mr Rupert Murdoch's BSkyB announced a new pay as you view channel. Possibly as, many as 20 new digital channels will be available in Britain and Sky is considering using new, technology to launch 100 channels by the end of the year. In Ireland a third channel could be available.

One of the aims of the pro quota lobby is to encourage a European programme making industry and to create outlets for a European film industry that can fill all that television time, at a time when American film output claims 80 per cent of European cinema screens.

Europe should be able to supply all the cheap repeats that are filling broadcasting hours. Why, rely on Ironside, or the Fugitive, when Inspector Morse is available dubbed in Spanish, or Glen roe in Italian?

To do this the parliament is being asked to consider a quota system that does not apply to talk programmes, game shows, news programmes or sports events. In other words, RTE could not include Where in the World, the Lyric Board or Davis to help fill its quota.

The head of RTE's Independent Production Unit, Ms Claire Duignan, wrote to independent programme producers last year explaining why RTE was against the French quota regime much of the station's children's output and its independent programming would not be considered for quota considerations.

Programme makers, on the other hand, claim that a strict quota system would force RTE to commission strong documentaries, original drama, and high quality television that could circulate through the EU simply because someone would want to buy it.

The parliament will also consider the issues of tele shopping, children's television, pornography and restricting advertising.