Commission Report (2002): Poland

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 20: Culture and audio-visual policy

Progress since the last Regular Report

Poland has made little progress with regard to audio-visual policy, with no further legislative alignment since last year's Regular Report and no significant developments with regard to administrative capacity.

A co-operation Agreement between the National Broadcasting Council of the Republic of Poland and the Supreme Audio-Visual Council of the Republic of France was signed in March 2002, allowing for the exchange of experience in the area of the EC acquis and its transposition into Polish law.

A Memorandum of Understanding providing for the participation of Poland in the Media plus and Media training Community programmes was signed in June 2002, taking effect from 1 January 2002.

In the field of culture, the Association Council decision allowing Poland to participate fully in the Culture 2000 Community Programme as from 2001 was adopted in October 2001. Some organisational changes and staff reinforcement occurred during the reporting period relating to the Cultural Contact Point This is now situated within the Ministry of Culture.

Overall assessment

Since the adoption of the Law amending the Broadcasting Act in 2000, many aspects of the Polish legislation are in line with the acquis, but further amendments remain necessary in order to reach full alignment. Further amendments and/or implementing legislation are still needed on matters relating in particular to; jurisdiction criteria, the definition of European works, some aspects regarding the promotion of European and independent works, including proportionality in the promotion of works originally produced in Polish, major events and the principle of capital liberalisation. New legislation is pending.

Administrative capacity is judged satisfactory overall, although the planned amendment of the Broadcasting Act will increase the need to strengthen the National Broadcasting Council in particular to monitor observance of the new rules (for example, computer equipment to monitor obligatory programme quotas and to evaluate transmitted content and listeners' complaints about broadcasts). The budget for 2001 was cut drastically due to state budgetary problems, but was increased again in the year 2002.

Judicial procedures are slow, for example, appeal procedures to the Supreme Administrative Court against National Broadcasting Council Decisions; This renders the implementation of the legislation in the sector sub-optimal.

Poland is a party to the Council of Europe Convention on Transfrontier Television and its amending protocol.

Conclusion

In its 1997 Opinion, the Commission concluded that Poland would need to make further efforts to adapt its regulatory framework and industry structures if it were to meet EC requirements in the audio-visual sector.

Since the Opinion, Poland has made significant progress in legislative alignment, especially through the 2000 amendment of the Broadcasting Act, and the strengthening of its administrative capacity. Poland has achieved a high level of alignment. The necessary administrative structures are in place.

Negotiations on this chapter have been provisionally closed. Poland has not requested any transitional arrangements in this area. Poland is generally meeting the commitments made in the accession negotiations in this field.

In order to complete preparations for membership, Poland's efforts should now focus on completing the final legislative amendments still necessary to be fully in line with the acquis and on ensuring that, within the framework of this new legislation, the monitoring and sanctioning powers of the regulatory authority are both effective and comprehensively applied.

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