Decision of the EEA Joint Committee

No 32/2000

of 31 March 2000

amending Annex X (Audiovisual Services) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) The review conducted by the Joint Committee according to adaptation (b) to Council Directive 89/552/EEC(1) in Annex X to the Agreement has concluded that the exception provided for therein should be continued with a more limited scope.

(2) The Contracting Parties are to carry out a new review in 2003,

HAS DECIDED AS FOLLOWS:

Article 1

The content of adaptation (b) to Council Directive 89/552/EEC in Annex X to the Agreement shall be replaced by the following:

"The EFTA States shall be free to compel cable companies operating on their territories to scramble or otherwise obscure spot advertisements for alcoholic beverages in programmes of television broadcasters whose main audience is in an EEA-EFTA State. For the purpose of assessing whether a particular programme or spot advertisement falls within the scope of this adaptation, importance shall be attached to the following factors, inter alia:

- whether the broadcast is, de facto, primarily received in one of the EEA-EFTA States,

- whether the goods or services advertised are available in the country of reception,

- whether the language of the country in which the broadcasts are received is used in the programmes or advertisements,

- whether points of sale in the country of reception are referred to or mentioned in the advertisements,

- whether the prices are quoted in the currency of the country of reception.

The scrambling or otherwise obscuring of spot advertisements shall not have the effect of restricting the retransmission of parts of television programmes other than advertising spots for alcoholic beverages.

The Contracting Parties shall jointly review this exception in 2003."

Article 2

This Decision shall enter into force on 1 April 2000, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(2).

Article 3

This Decision shall be published in the EEA Section of, and in the EEA supplement to, the Official Journal of the European Communities.

Done at Brussels, 31 March 2000.

For the EEA Joint Committee

The President

F. Barbaso

(1) OJ L 298, 17.10.1989, p. 23.

(2) No constitutional requirements indicated.