Commission Report (2002): Czech Republic

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

Chapter 20: Culture and audio-visual policy

Progress since the last Regular Report

There have been no major developments in this sector since the last Regular Report.

In the area of the audio-visual acquis, an amendment to the Act on Advertising Regulation in force since June 2002 further specifies the responsibilities of the Council for Radio and Television Broadcasting as regards the supervision of advertising . According to the Czech authorities, current indications suggest that all national television broadcasters will meet their 2002 obligations for the promotion of European and independent works. The period since the last Regular Report has been characterised by a continued lack of transparency and stability in relation to questions of ownership and control of commercial TV stations. A second such dispute has now arisen and may also have to be solved in international arbitration courts.

There has been some development of administrative capacity at the Council for Radio and Television Broadcasting. Its budget has been increased and computerisation of the Council`s office should release resources for the establishment of a system for monitoring the promotion of European works, although additional resources may be needed to further strengthen capacity.

A Memorandum of Understanding, providing for the Czech Republic`s participation in the Community Media Plus and Media Training programmes was signed in July 2002, taking effect from January 2002.

In the field of culture, the Association Council decision allowing the Czech Republic to participate fully in the Culture 2000 programme as from 2001 was adopted in October 2001. Implementation of the ``Concept for Cultural Policy in the Czech Republic` continues, elements of which have been amended, consolidated and transposed through the Government`s ``Culture Policy Paper''.

Overall assessment

The 2001 Act on Radio and Television Broadcasting brought the Czech Republic`s legislation largely into line with the audio-visual acquis, although some refinement is still necessary, in particular regarding the technical adjustment of subsidiary criteria for jurisdiction. Effective implementation of the Act is likely to require the strengthening of administrative capacity.

It remains particularly important that the Czech Republic establish and supervise effectively a transparent and predictable regulatory framework in the audio-visual sector. As the main broadcasting regulator, the Council for Radio and Television Broadcasting will be key in this process. The Council should ensure the timely, objective and effective application of broadcasting legislation.

The Department of Mass Media in the Ministry of Culture administers legislation in the areas of broadcasting, film, video and periodical press. The current number of staff (11) is adequate.

The 2001 Act on Radio and Television Broadcasting created the conditions for ratification of the Council of Europe Convention on Transfrontier Television and its Protocol, which the Czech Republic should now conclude.

Conclusion

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

Since the Opinion, the Czech Republic has made significant legislative progress, especially in the last two years. Overall, the Czech Republic is well advanced in terms of legislative alignment in this area. The necessary administrative structures are in place.

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

In order to complete preparations for membership, the Czech Republic`s efforts now need to focus on the final necessary legislative adjustments and improvement of regulation. It remains particularly important to establish and supervise effectively a transparent and predictable regulatory framework.

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