Commission Report 2002 (Hungary)

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

Chapter 20: Culture and audio-visual policy

Progress since the last Regular Report

In the audio-visual sector, Hungary`s legislative alignment with the acquis has improved significantly since last year`s Regular Report.

In July 2002 the Hungarian Parliament finally approved the new Media Law, which had been pending since its submission in December 1999. Certain provisions, including on European works, will enter into force from the date of accession. Provisions on discrimination based on nationality will be abrogated at the same date; the rules on exclusive broadcasting rights will enter into force after a certain delay, but before the date of accession.

With the adoption of the new law, the acquis has been largely transposed into Hungarian legislation.

The Ministry of National Cultural Heritage and the Ministry of Justice are in charge of broadcasting legislation in Hungary. The National Radio and Television Board of Hungary (ORTT) is the national regulatory and monitoring body with monitoring and sanctioning powers. The ORTT Board is an independent legal entity reporting directly to Parliament. The original staff of 100 has been increased by two more lawyers.

In the field of culture, Hungary has been participating in the Culture 2000 framework programme since 2001.

Overall assessment

The entry into force of the entirety of the amended media law will bring a substantial degree of alignment with the audio-visual acquis. However, some issues remain to be clarified, in particular in the area of European works. In this respect, any necessary further adjustments to the Hungarian legislative or regulatory framework should be made before accession.

With the adoption of the new law, further strengthening of the National Radio and Television Board may be required. The independence of the regulatory authority continues to be respected, both financially and politically. However, transparency should be further increased, in particular concerning frequency allocation and distribution of the Broadcasting Fund, and efforts should also be made to improve reporting capacities on broadcasting activities.

Hungary 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, provided that progress towards legislative alignment - accompanied by the necessary structural adaptations - was pursued, Hungary should be able to meet EC requirements in the audio-visual sector within a few years.

Since the Opinion, Hungary has made significant progress, especially this year. Hungary`s legislative alignment is now well advanced. The necessary administrative structures are in place.

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

In order to complete preparations for membership, Hungary should focus on ensuring effective regulation of the sector and completing the final legislative adjustments necessary to be fully in line with the acquis.

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