Committee of Ministers
Comité des Ministres
Strasbourg, 11 July 1997
Restricted
CM(97)118
For consideration at the 602nd meeting
of the Ministers' Deputies
(30 September 1997, B level, item 5.1)
STEERING COMMITTEE ON THE MASS MEDIA
(CDMM)
Abridged report of the 45th meeting
Strasbourg, 10-13 June 1997
LIST OF ITEMS DISCUSSED AND DECISIONS TAKEN
1. The Steering Committee on the Mass Media (CDMM) held its 45th meeting in the Human Rights Building, Strasbourg from 10 to 13 June 1997. The meeting was chaired by Mr B. MÖWES (Germany). The list of participants is set out in Appendix I. The agenda, as adopted, appears in Appendix II.
2. The CDMM continued the preparation of the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11-12 December 1997) in terms of its content and organisation. In particular, the CDMM reviewed the draft political texts to be submitted to the Conference and took note of the interim version of some of the official reports which would be presented at the Conference. The Committee of Ministers is invited to note that it will be requested to take all necessary follow-up action on the decisions taken by the CDMM when examining the report of the Secretary General on the preparation of Conferences of Specialised Ministers.
3. The CDMM reviewed the work carried out by its various subordinate bodies (MM-S-NT, MM-CM, MM-S-EP, MM-S-HR, MM-S-AC and MM-S-PR) and gave them guidelines for the follow-up of their work. The Committee of Ministers is invited to note that the CDMM decided to terminate the work of the Group of Specialists on access to official information (MM-S-AC) as from 1998, in view of the fact that this issue went beyond the remit of the CDMM. The Committee of Ministers is also invited to note the CDMM's opinion that the work on access to official information should be followed up within the Council of Europe bearing in mind the importance of the subject. The CDMM agreed to propose to the Committee of Ministers that the activity be taken over by the Steering Committee on Human Rights (CDDH), with the participation of representatives of the CDMM.
4. The CDMM reviewed its terms of reference as well as those of certain of its subordinate bodies (MM-S-EP, MM-S-PR) and the Co-ordinators' Committee for the MEDIALEX database, which were due to expire on 31 December 1997. The Committee of Ministers is invited to adopt the new terms of reference of the CDMM, which are set out in Appendix III. The CDMM agreed to draw the attention of the Committee of Ministers to its decision to admit the European Audiovisual Observatory as an observer on the Steering Committee. In addition, the CDMM expressed a favourable opinion concerning the participation of representatives of the Congress of Local and Regional Authorities of Europe (CLRAE) in its meetings, while expressing the wish to be associated, in return, with the work of the CLRAE within its field of competence.
5. The Committee of Ministers is also invited to approve the draft terms of reference of the Group of Specialists on media in a pan-European perspective (MM-S-EP), the Group of Specialists on the protection of rights holders in the media sector (MM-S-PR) and the Co-ordinators' Committee for the MEDIALEX database, which are set out in Appendices IV, V and VI respectively.
6. With regard to the Group of Specialists on the protection of rights holders in the media sector (MM-S-PR), the CDMM agreed to draw the attention of the Committee of Ministers to its decision to admit the Federation of European Film Directors (FERA) as an observer on this Group. On the other hand, the CDMM decided not to grant observer status on the MM-S-PR to the European grouping representing collecting agencies for performers' rights (ARTIS), in view of the limited geographical representativeness of this organisation.
7. The CDMM also decided to draw the attention of the Committee of Ministers to its decision to grant observer status to Armenia and Canada on the Group of Specialists on new communications technologies (MM-S-NT).
8. The Committee of Ministers might also wish to note that the CDMM has made a request to delegate a representative to attend meetings of the Committee of Experts on crime in cyber-space (PC-CY) in order to co-ordinate the work of the two bodies in the field of new communications technologies.
9. The CDMM made proposals for its 1998 work programme, which take account inter alia of the selection criteria for priority activities which were laid down by the Deputies at their 523rd meeting (December 1994) as well as sound budgetary management.
10. The CDMM also held an exchange of views on the draft European Convention on the Protection of the Audiovisual Heritage, which was recently finalised under the authority of the Culture Committee. A number of proposals for amendments to the draft Convention were submitted to the Secretariat of the Culture Committee. The Committee of Ministers is invited to note that the CDMM has proposed to set up, in 1998, a joint Working Group of the Council for Cultural Co-operation (CDCC) and the CDMM for the purpose of drawing up the additional Protocol relating to audiovisual works foreseen in the aforementioned draft Convention, bearing in mind that this issue falls within the competence of the CDMM.
11. The CDMM also held an exchange of views on the projet aimed at establishing an OSCE Representative on media freedoms. The Committee of Ministers might wish to note that the CDMM underlined the fact that this Representative should neither duplicate nor interfere with the work and instruments of the Council of Europe relating to freedom of expression and freedom of the media.
12. Finally, the CDMM held an election for one member of the Bureau; took note of recent technical and legal developments in the media field; held an exchange of views with the Executive Director of the European audiovisual Observatory; informed itself about the ongoing work of the Standing Committee on Transfrontier Television; fixed the dates of its meetings, as well as those of its subordinate bodies, until the end of 1997 and finalised the list of items to be included on the agenda of its 46th meeting (October 1997).
APPENDIX I
List of participants
Albania/Albanie Mr Xhyher MECORRAPAJ, Director of Press and Information Centre, Ministry of Foreign Affairs, TIRANA
Andorra/Andorre [Excusé/apologised]
Austria/Autriche Mr Andreas ULRICH, Bundeskanzleramt, WIEN
Belgium/Belgique M. Dominique VOSTERS, Attaché à la Direction Générale de la Culture et de la Communication, Ministère de la Culture et des Affaires Sociales de la Communauté française de la Belgique, BRUXELLES; M. Walter LEROUGE, Directeur de l'Administration, Arts, Media et Films, Ministère de la Communauté Flamande, BRUXELLES
Bulgaria/Bulgarie [Excusé/apologised]
Croatia/Croatie Mme Daša BRADI_I_, Head of Department for Culture, Education and Science, Ministry of Foreign Affairs, ZAGREB
Cyprus/Chypre Mr Ioannis SOLOMOU, Head of the Media and Public Relations Department, Press and Information Office, Ministry of Interior, NICOSIA
Czech Republic/République Tchèque Ms Jaromíra MIZEROVÁ, Vice director of Foreign Relations Department, Ministry of Culture of the Czech Republic, PRAGUE ; Mr Zden_k P__HODA, Foreign Relations Department, Ministry of Culture of the Czech Republic, PRAGUE
Denmark/Danemark Ms Vibeke G. PETERSEN, Ministry of Culture, COPENHAGEN
Estonia/Estonie Mr Rein VEIDEMANN, Media Counsellor, Ministry of Culture, TALLINN
Finland/Finlande Ms Kristina HAUTALA-KAJOS, Media Policy Adviser, Ministry of Education, Department of Culture, HELSINKI; Ms Maaret SUOMI, Ministry of Transport and Communications, HELSINKI
France M. Laurent BURIN DES ROZIERS, Direction Générale des Relations culturelles, scientifiques et techniques, DAAE, Ministère des Affaires Etrangères, PARIS; Mme Chantal FOURNIER, Service juridique et technique de l'information du Premier Ministre, PARIS
Germany/Allemagne Mr Bernd MÖWES, (Chairperson/Président) Head of Section "National and International Media", Bundeskanzleramt, BONN; Mr Frithjof BERGER, Federal Ministry of the Interior, BONN
Greece/Grèce Mme Maria VLACHOU, Ministère de la Presse et des Media, Direction Epopteias, Section Radiotileoptikon Thematon, ATHENES
Hungary/Hongrie Mr Peter SZENTE, Ministry of Culture and Education, BUDAPEST
Iceland/Islande Mr Pétur GUDFINNSSON, Director General of Icelandic State Broadcasting Service, REYKJAVIK
Ireland/Irlande Mr Martin DENNANY, Department of Arts, Culture and the Gaeltacht, "Dún Aimhirgin", DUBLIN
Italy/Italie Mme Elisabetta BATTISTA, Relations internationales, Département pour l'Information et l'Edition, Présidence du Conseil des Ministres, ROME; Ms Alessandra PARADISI, Assistant, International Relations, RAI, ROME; Mr Giovanni BARONTINI, Vice President, Marketing and International Affairs, Tecnitel S.p.A., ROME; Mme Isabella FERRARINI, Tecnitel S.p.A., ROME
Latvia/Lettonie Mr Andrejs PILDEGOVICS, Press Secretary, Ministry of Foreign Affairs, RIGA
Liechtenstein [Excusé/apologised]
Lithuania/Lituanie Dr Laimonas TAPINAS, Director, Lithuanian Journalism Centre, VILNIUS
Luxembourg M. Marco SGRECCIA, Ministère d'Etat, Service des Médias et de l'Audiovisuel, LUXEMBOURG
Malta/Malte Dr Peter GRECH, Assistant Attorney General, The Palace, VALLETTA
Moldova/Moldavie Mme Mariana IUGA, First Secretary of the Mass Media and Culture Department, Ministry of Foreign Affairs, CHISINAU
Netherlands/Pays-Bas[Excusé/apologised]
Norway/Norvège Ms Nina ØKLAND, Head of Division, Ministry of Cultural Affairs, OSLO
Poland/Pologne Mr Boleslaw SULIK, Chairperson of the MM-S-EP, National Council of Television and Broadcasting, WARSAW; Ms Isabel CHRUSLINSKA, National Council of Television and Broadcasting, WARSAW
Portugal Mme M. T. RIBEIRO, (Vice-Chairperson/Vice-Présidente) Institut de la Communication Sociale, Presidencia do Conselho de Ministros, LISBONNE; M. Eduardo TRIGO, Alta Autoridade para a comunicaçao social, LISBONNE
Romania/Roumanie M. Horea MURGU, Professeur à l'Académie de Théâtre et du Film de Bucarest, BUCAREST
Russian Federation/Fédération de Russie Mr Guennadi TARASOV, Directeur du Département de l'Information et de la Presse, Ministère des Affaires Etrangères, MOSCOU
San Marino/Saiut Marin [Excusé/apologised]
Slovakia/Slovaquie Mr Lubomir _I_AK, Ministry of Culture, BRATISLAVA; Mr Ivan SECIK, Ministry of Culture, BRATISLAVA
Slovenia/Slovénie Mr Joze OSTERMAN, Adviser, Public Relations and Media Office of the Government of the Republic of Slovenia, LJUBLJANA ; Mr Matja_ GERL, Adviser, Broadcasting Council of the Republic of Slovenia, Svet za radiodifuzijo, LJUBLJANA
Spain/Espagne M. Carlos L. CRESPO MARTINEZ, Chef du Service du Régime juridique de la radiodiffusion et la télévision, Direction Générale des Télécommunications, MADRID
Sweden/Suède Ms Monica BENGTSSON, Legal Adviser, Ministry of Culture, STOCKHOLM; Ms Helena JÄDERBLOM, Acting Chairperson of the MM-S-AC, Legal Adviser, Ministry of Justice, STOCKHOLM
Switzerland/Suisse M. Frédéric RIEHL, Vice-Directeur, Office Fédéral de la Communication, BIENNE; M. Michel PACHE, Chef du Service international des media, Division politique V, Département Fédéral des Affaires Etrangères, BERNE; M. Martin DUMERMUTH, Vice-Directeur, Division Radio + TV, Office Fédéral de la Communication, Département fédéral des transports, des communications et de l'énergie, BIENNE; M. Jacques FAVRE, Chairperson of the MM-CM, Adjoint scientifique, Commission de la Concurrence, BERNE
"The Former Yugoslav Republic of Macedonia"/"L'ex-République Yougoslave de Macédoine" Ms Ana PANOVSKA, Secretary of the Secretariat of Information, Government of "the Former Yugoslav Republic of Macedonia", SKOPJE; Ms Snezana ZLATEVSKA, Press Officer, Secretariat of Information, Government of "the Former Yugoslav Republic of Macedonia", SKOPJE
Turkey/Turquie Mr Nedim TEKIN, Member, Radio-TV Supreme Council, ANKARA; Mrs Sebnem BILGET, Head of International Relations, Radio-TV Supreme Council (RTÜK), ANKARA
Ukraine Mr Volodymyr YATSENKIVSKIY, Acting Director, Ministry of Foreign Affairs, KYIV
United Kingdom/Royaume-Uni Ms Carolyn MORRISON, Department of National Heritage, LONDON; Mr Keith NICHOL, Department of National Heritage, LONDON
OTHER PARTICIPANTS/AUTRES PARTICIPANTS
European Commission/Commission européenne M. Gregory PAULGER, Chef d'Unité "Politique audiovisuelle", Direction Générale Information, communication, culture, audiovisuel, BRUXELLES; M. Pedro OSONA, Direction Générale Information, communication, culture, audiovisuel, BRUXELLES; Mme Marie-Odile DEN HARTOG, Direction Générale Relations extérieures: Europe et nouveaux Etats indépendants, BRUXELLES
Parliamentary Assembly/Assemblée Parlementaire Mr Paul STAES, SCHOTEN
OBSERVERS/OBSERVATEURS
Armenia/Arménie Mme Zara NAZARIAN, Ambassade de la République d'Arménie, PARIS
Azerbaïdjan M. Gabil KOTCHARLY, Chef du Département de l'Information du Ministère des Affaires Etrangères, Ministry of Foreign Affairs, BAKU
Belarus/Bélarus Mr Vadim ZAHARCHUK, Attaché of the Information, Analysis and Planning Department, Ministry of Foreign Affairs, MINSK
Canada/Canada Monsieur Vladimir SKOK, Directeur Intérimaire, Relations internationales, Patrimoine canadien, HULL, QUEBEC
Georgia/Géorgie Ms Nana AVALIANI, Director of the Department for Foreign-Political Information and Mass Media, Ministry of Foreign Affairs, TBILISI
Holy See/Saint-Siège M. Hans-Peter RÖTHLIN, Sous-Secrétaire du Conseil Pontifical des Communications Sociales, CITE DU VATICAN
Organisation for Security and Co-operation in Europe (OSCE)/Organisation pour la Sécurité et la Coopération en Europe (OSCE) Mr John Høst SCHMIDT, Minister Counsellor, Royal Danish Ministry of Foreign Affairs, COPENHAGEN
Association of Commercial Television in Europe (ACT)/Association des Télévisions Commerciales Européennes (ACT) M. Daniel ZIMMERMANN, Directeur Général, ACT, BRUXELLES; Ms Alison JAMES, ACT, BRUXELLES
AUDIOVISUAL EUREKA/EUREKA AUDIOVISUEL [Excusée/apologised]
European Broadcasting Union/Union Européenne de Radio-Télévision M. Jacques BRIQUEMONT, Délégué aux organisations européennes, Union Européenne de Radio-Télévision, GRAND-SACONNEX/GENEVE; Mr Michael WAGNER, Conseiller juridique, Union Européenne de Radio-Télévision, GRAND-SACONNEX/GENEVE
Nordic Council of Ministers/Conseil des Ministres Nordique [Apologised/excusé]
Item 15 on the agenda/Point 15 de l'ordre du jour: Mr Nils Klevjer AAS, Executive Director, European Audiovisual Observatory, STRASBOURG
SECRETARIAT Mr H. HARTIG, Head of Division II, Directorate of Human Rights/Chef de la Division II, Direction des Droits de l'Homme; Mr C. POIREL, Head of Media Section, Directorate of Human Rights/ Chef de la Section Media, Direction des Droits de l'Homme (Secretary to the Committee/Secrétaire du Comité);Mr A. DE SALAS, Administrator, Media Section, Directorate of Human Rights/Administrateur, Section Media, Direction des Droits de l'Homme; Mr R. PRIETO SUAREZ, Administrator, Media Section, Directorate of Human Rights/Administrateur, Section Media, Direction des Droits de l'Homme; Mr R. DOSSOW, Administrator, Media Section, Directorate of Human Rights/Administrateur, Section Media, Direction des Droits de l'Homme; Mr E. CIBOTARU, Programme Counsellor, Media Section, Directorate of Human Rights/Conseiller de Programme, Section Media, Direction des Droits de l'Homme; Ms L. YOUNGS, Principal Administrative Assistant, Media Section, Directorate of Human Rights/Assistante Administrative Principale, Section Media, Direction des Droits de l'Homme
Item 6 on the agenda/Point 6 de l'ordre du jour Mr Jeroen SCHOKKENBROEK, Principal Administrator, Directorate of Human Rights/Administrateur Principal, Direction des Droits de l'Homme
Item 15 on the agenda/Point 15 de l'ordre du jour Mme Vera BOLTHO, Head of Division, Directorate of Education, Culture and Sport/Chef de Division, Direction de l'Enseignement, de la Culture et du Sport; Mme Elisabeth ROHMER, Administrative Officer, Directorate of Education, Culture and Sport/Administratrice, Direction de l'Enseignement, de la Culture et du Sport; Mme Jutta GÜTZKOW, Administrative Officer, Directorate of Political Affairs/Administratrice, Direction des Affaires Politiques
Interpreters/interprètes Mrs S. BAILEY; Mrs J. GRIFFITH; Mr Ch. TYZCA; Mr J. SLAVIK; Mr Ph. QUAINE
APPENDIX II
Agenda
Item 1: Opening of the meeting
Item 2 Adoption of the agenda
Item 3: Preparation of the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11-12 December 1997)
a. Substantive preparation
(i) Draft political Declaration (The Information Society : a challenge for Europe)
(ii) Draft Resolution on sub-theme 1 (The impact of new technologies on human rights and democratic values)
(iii) Draft Resolution on sub-theme 2 (Rethinking the regulatory framework for the media)
(iv) Progress on the preparation of the reports and contributions to be submitted to the Ministerial Conference
b. Organisational arrangements for the Conference
Item 4: Group of Specialists on the impact of new technologies on human rights and democratic values (MM-S-NT)
Item 5: Committee of Experts on media concentrations and pluralism (MM-CM)
Item 6: Group of Specialists on access to official information (MM-S-AC)
Item 7: Group of Specialists on media in a pan-European perspective (MM-S-EP)
Item 8: Group of Specialists on media law and human rights (MM-S-HR)
Item 9: Group of Specialists on the protection of rights holders in the media sector (MM-S-PR)
(i) Seminar on the identification of works and rights holders in the digital era (Paris, 23-24 April 1997)
(ii) 4th meeting of the MM-S-PR (Paris, 25-26 April 1997)
(iii) Requests for observer status on the MM-S-PR submitted by FERA and ARTIS
Item 10: Examination of the draft Work Programme for 1998 in the media field
Item 11: Renewal of the terms of reference of the CDMM and of some of its subordinate committees
Item 12: Progress of work on recent technical and legal developments in the media field of interest to the CDMM
Item 13: Dates of forthcoming meetings
Item 14: Items to be included on the agenda of the 46th meeting of the CDMM (28-31 October 1997)
Item 15: Other business
(i) Council of Europe - European Cinema and Television Office (ECTO) Liaison Bureau
(ii) Draft European Convention on the Protection of the Audiovisual Heritage
(iii) Participation of the CDMM in a multisectoral Group on action against trafficking in human beings for the purpose of sexual exploitation (EG-S-TS)
(iv) Standing Committee on Transfrontier Television
(v) Exchange of views with the Executive Director of the European Audiovisual Observatory
(vi) Project for an OSCE Representative on media freedoms
(vii) Participation of the CDMM in the Seminar "Promoting Equality : a common issue for men and women" (Strasbourg, 17-18 June 1997)
(viii) Organisation of a Seminar on the media and the promotion of tolerance in sports jointly with the Committee on the Development of Sport (CDDS)
(ix) Election of a member of the Bureau
APPENDIX III
Draft terms of reference of the CDMM
Specific terms of reference
1. Name of committee: STEERING COMMITTEE ON THE MASS MEDIA (CDMM)
2. Type of committee: Steering committee
3. Source of terms of reference: Committee of Ministers
4. Terms of reference:
Having regard to the objectives spelled out for the Council of Europe at the Summits of Heads of State and Government of the Organisation and taking account, in particular, of the orientations provided at the 5th European Ministerial Conference on Mass Media Policy, the Steering Committee on the Mass Media shall, within the framework of the annual Intergovernmental Programme of Activities:
i. develop European co-operation on public means of communication with a view to further enhancing freedom of expression and information in a pluralistic democratic society, as well as the free flow of information and ideas across frontiers, and to fostering a plurality of independent and autonomous public means of communication reflecting a diversity of opinions and cultures;
ii. to this effect, work out concerted European policy measures and appropriate legal and other instruments to address the issues raised notably by the functioning of public means of communication in a democratic society, in particular their impact on human rights and democratic values, as a result of the progressive disappearance of technological boundaries between broadcasting, telecommunications and informatics, while bearing in mind the need to develop activities which advance the goals of democratic security and cultural cohesion and pluralism in a pan-European perspective;
iii. take account of political, economic and technological change in the area of public means of communication;
iv. prepare the European Ministerial Conferences on Mass Media Policy and to ensure their follow-up on the basis of the relevant decisions of the Committee of Ministers;
v. having regard to the Secretary General's co-ordinating role, co-operate with other steering committees, ad hoc committees and any other structures set up within the framework of the Council of Europe dealing with issues of relevance to its work programme.
5. Membership of the committee:
a. The governments of all member States are entitled to appoint members with the following desirable qualifications: Senior civil servant in competent administrations responsible for policy-making in this area or other high ranking media professionals.
The Council of Europe's budget bears travelling and subsistence expenses for one expert per member State (two in the case of the State whose expert has been elected Chairman).
b. The Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe may send two representatives to meetings of the committee.
c. The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the committee.
d. The following States or organisations may send representatives, without the right to vote or defrayal of expenses, to meetings of the committee:
listobs.14.htmlArmenia
listobs.14.htmlAzerbaijan
listobs.14.htmlGeorgia
listobs.14.htmlHoly See
listobs.14.htmlAudiovisual EUREKA
listobs.14.htmlNordic Council of Ministers
listobs.14.htmlEuropean Broadcasting Union
listobs.14.htmlAssociation of Commercial Television in Europe
listobs.14.htmlOSCE Office for Democratic Institutions and Human Rights (ODIHR) European Audiovisual Observatory
6. Working structures and methods:
Within the framework of its terms of reference, the CDMM shall have the possibility, as the case may be, to establish committees of experts, groups of specialists, working parties etc. of limited membership for the consideration of specific issues. It will also have the possibility to have whatever contacts or consultations with professional or other bodies that it deems necessary for the implementation of its terms of reference.
The Bureau of the committee will comprise 7 members.
7. Duration:
These terms of reference shall be reviewed before 31 December 1999.
APPENDIX IV
Draft terms of reference of the Group of Specialists on media
in a pan-European perspective (MM-S-EP)
Specific terms of reference
1. Name of Committee: Group of Specialists on media in a pan-European perspective (MM-S-EP)
2. Type of Committee: Committee of Experts
3. Source of terms of reference: Steering Committee on the Mass Media (CDMM)
4. Terms of reference:
Under the authority of the CDMM, the Group of Specialists on media in a pan-European perspective (MM-S-EP) shall develop activities geared towards deepening the commitment of all States to freedom of expression exercised through free, independent and pluralistic media. In so doing, the Group shall work in a pan-European perspective, and shall focus on ways of promoting democratic security and cohesion through media law and policy.
For this purpose, the Group of Specialists shall identify and study themes which help promote the integration of all new member States as well as applicant States. With this in mind, the Group of Specialists shall also inform itself on the real needs of new member States and applicant States in the area of media law and policy. On this basis, it shall formulate for consideration by the CDMM specific proposals which can satisfy the needs identified. In this respect, the Group of Specialists may propose the organisation of ad hoc seminars, country-specific analyses, publications, etc.
The Group of Specialists shall also organise training workshops designed to satisfy the needs expressed by audio-visual professionals in Europe. The Group of Specialists shall ensure that these workshops are of a practical nature, and are targeted essentially at the professionals in the smaller European countries, including the Central and East European member and non-member States. In devising training strategies, the Group of Specialists shall pay particular attention to the gaps in audio-visual training revealed through the ATENA database.
5. Membership:
The Group of Specialists shall be composed as follows:
Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Ireland, Latvia, Lithuania, Moldova, Netherlands, Poland, Romania, Slovakia, Turkey, Ukraine, United Kingdom.
The Council of Europe budget will bear the travel and subsistence expenses of one specialist from each of the above countries for attendance at meetings of the Group. Other member states expressing an interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.
The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Committee.
The following may send observers, without the right to vote or defrayal of expenses, to meetings of the Group:
- Armenia
- Georgia
- Holy See
- Association of Commercial Television in Europe
- CIRCOM-Regional
- European Broadcasting Union
6. Working structures and methods:
In carrying out its terms of reference, the Group of Specialists shall consult all parties concerned by its work and by all appropriate means. In particular, the Group of Specialists may organise hearings and written consultations. The Group of Specialists may also have recourse to consultants.
7. Duration:
These terms of reference shall be reviewed before 31 December 1999.
APPENDIX V
Draft terms of reference of the Group of Specialists on the
protection of right holders in the media field (MM-S-PR)
Specific terms of reference
1. Name of Committee: Group of Specialists on the protection of rights holders in the media field (MM-S-PR)
2. Type of Committee: Committee of Experts
3. Source of terms of reference: Steering Committee on the Mass Media (CDMM)
4. Terms of reference:
Under the authority of the CDMM, the Group of Specialists on the protection of rights holders in the media field (MM-S-PR) will analyse the consequences of the new technologies for the protection of copyright and neighbouring rights in the media field, including:
- the limitations to exclusive rights;
- the issues of applicable law and liability concerning the use of protected material;
- technical means for the identification of works and rights holders in the context of management and clearance of rights.
The MM-S-PR shall also report periodically to the CDMM on the state of signatures and ratifications of the European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite (ETS 153) with a view to its speedy entry into force.
Furthermore, the MM-S-PR shall continue to study issues of sound and audio-visual piracy in the member States of the Council of Europe, especially in the digital context.
On the basis of its conclusions, the MM-S-PR shall draw up for the CDMM proposals for policy, legal or other measures which it believes to be necessary for addressing copyright and neighbouring rights issues arising in the media field in the digital era, as well as issues concerning the fight against sound and audio-visual piracy.
The MM-S-PR will also act as a regional forum for exchanges of views between member States on copyright and neighbouring rights questions dealt with in other international fora.
The MM-S-PR shall follow-up any decisions taken at the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11-12 December 1997) in its area of competence.
5. Membership:
The Group of Specialists shall be composed as follows:
Czech Republic, Finland, France, Germany, Greece, Ireland, Norway, Poland, Russian Federation, Slovenia, Switzerland, "The Former Yugoslav Republic of Macedonia", Turkey, Ukraine, United Kingdom.
The Council of Europe will bear the travel and subsistence expenses of one specialist from each of the above countries for attendance at meetings of the Group. Other member states expressing an interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.
The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Group.
The following may send observers, without the right to vote or defrayal of expenses, to meetings of the Group:
- UNESCO
- World Intellectual Property Organization (WIPO)
- Association of Commercial Television in Europe (ACT)
- Association of European Performers' Organisations (AEPO)
- International Confederation of Societies of Authors and Composers (CISAC)
- European Broadcasting Union (EBU)
- European Cable Communications Association (ECCA)
- Federation of European Film Directors (FERA)
- International Federation of Actors (FIA)/International Federation of Musicians (FIM)
- International Federation of Film Distributors (FIAD)
- International Federation of Film Producers' Associations (FIAPF)
- International Federation of the Phonographic Industry (IFPI)
6. Working structures and methods:
In carrying out its terms of reference, the Group of Specialists shall, in addition to its observers, consult and endeavour to associate with its work all interested parties by all appropriate means. In particular, the Group of Specialists may organise hearings, written consultations, ad hoc exchanges of views, etc. The Group of Specialists may also have recourse to consultants.
7. Duration:
These terms of reference shall be reviewed before 31 December 1999.
APPENDIX VI
Draft terms of reference of the Co-ordinators' Committee of the
MEDIALEX database
Specific terms of reference
1. Name of Committee: CO-ORDINATORS' COMMITTEE OF THE MEDIALEX DATABASE
2. Type of Committee: Advisory body
3. Source of terms of reference: Committee of Ministers
4. Terms of reference:
i. To be an advisory and co-ordinating body consisting of all the national correspondents of the MEDIALEX database.
ii. To give its opinion on how the MEDIALEX database should be set up and operate, as well as on its future development.
iii. To ensure the continuing utility of the MEDIALEX Thesaurus as an essential working instrument of the national correspondents, in particular through periodic up-dating.
iv. To ensure that national correspondents can exchange views and experiences regarding any problems they may have concerning database input, reflect on possible solutions and formulate proposals in this regard.
v. To express its views on any question brought to its attention by the Standing Committee of the European Convention on Transfrontier Television, as well as by the Steering Committee on the Mass Media (CDMM), concerning the operation of the MEDIALEX database.
5. Membership of the Committee:
a. The Governments of all member States are entitled to appoint members who will be responsible at national level for collecting and processing laws, regulations, codes of practice, etc. in the areas covered by the European Convention on Transfrontier Television for subsequent storage in the MEDIALEX database. The Council of Europe budget bears travelling and subsistence expenses for one correspondent per member State.
b. Governments of non-member States, which are States party to the European Convention on Transfrontier Television and to the European Cultural Convention, may send a national correspondent to meetings of the Committee. The Council of Europe shall bear travelling and subsistence expenses of one such correspondent.
c. Governments of other non-member States which are States parties to the European Cultural Convention, may each designate an observer.
6. Working structures and methods:
Within the framework of its terms of reference, the Committee may, whenever the need arises, set up a working party consisting of a limited number of national correspondents to examine specific aspects regarding the creation and functioning of the MEDIALEX database or of the MEDIALEX Thesaurus.
The Committee may have recourse to outside consultants to assist it with the performance of its activities. Moreover, it may invite to one or more of its meetings, for the purposes of exchanging views, any bodies or organisations carrying out work of relevance to its terms of reference.
7. Duration:
These terms of reference shall be reviewed before 31 December 1998.