Posted the: 2001-08-10 Numac: 2001021410 Prime Minister July 8, 2001. -Act to amend the Act of 30 March 1995 concerning the networks of distribution of broadcasts and the pursuit of broadcasting activities in the bilingual region of Brussels-capital (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Provisions relating to the use of standards for the transmission of television art. 2. This chapter will transpose the provisions of directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals.
S. 3. in the Dutch text of the title of the Act of 30 March 1995 concerning the networks of distribution of broadcasts and the pursuit of broadcasting activities in the bilingual Brussels-capital region, the word 'televisieomroepactiviteiten' is replaced by the word "omroepactiviteiten".
S. 4. article 1 of the Act of 30 March 1995 on the networks of distribution of broadcasts and the pursuit of broadcasting activities in the bilingual Brussels-capital region is completed as follows: «7 scrambling: all operations intended to make it unintelligible to a radio signal or video of a television broadcasting service with respect to any person not holding the titles of access required;
8 conditional access system: all hardware and software resources used either by one or more management systems subscribers, either by the public itself under local management of access to services, to restrict access to all or part of one or more broadcasting services to the single public with the titles of access required;
9 transcontrole: the method of change of conditional access system without touching the confused signal to a television broadcasting service; ».
S. 5. article 4 of the same Act is supplemented by the following paragraph: "The King determines the General conditions of permission to operate a network-to-home and cable television."
S. 6 article 8bis, as follows, shall be inserted in the Act: «art.» 8bis. § 1. The authorized distributor has the right to enforce, at his expense, on or under the squares, roads, streets, trails, streams and canals forming part of the public domain all work associated with the establishment and maintenance of cables and related equipment of its network-to-home and cable television, provided that they comply with the laws and orders relating to the use of the public domain and respect the use to which it is assigned.
Before exercising this right, interested distributor shall submit to the approval authority which falls within the public domain, the path of the location and installation of drivers timeliness.
This authority shall decide within three months of the date of dispatch of the trace and give notification of its decision to the interested Distributor.
After this time, the silence of the Authority's approval.
In case of persistent dispute, it is held by royal decree.
In any case, on their respective fields, public authorities have the right to subsequently amend the provisions or the trace of a facility, as well as works relating thereto. If the changes are imposses either for reason of public safety, or to preserve a site, or in the interest of roads, streams, channels or a public service, either as a result of a change made by residents to access properties on the edge of borrowed tracks, construction charges are responsibility of the Distributor; in other cases, they are in charge of the authority imposing the changes. It may require a prior quotation and in case of disagreement, have itself the work.
§ 2. The Distributor also has the right to establish permanently supports and anchorages for the cables and related equipment of its network-to-home and cable on the walls and façades overlooking the highway and to establish their cables in open and undeveloped land or to shift without attachment or contact above the private properties.
The work will begin only after a duly established notification in writing to the owners according to the data of the cadastre, to tenants and residents.
The performance of such work does not entail any dispossession.
Fixing brackets and anchors on the walls or facades may impede the right of the owner to demolish or repair his property.
The underground cables and supports established in open land and undeveloped shall be removed at the request of the owner, if it uses its right to build or to terminate; the cost of removal will be responsibility of the Distributor.
The owner will, however, prevent the Distributor under registered mail, at least three months prior to undertaking the work referred to in paragraphs 4 and 5.
3. Compensation for damages resulting from the establishment or operation of a home or cable television network are fully in charge of the Distributor, which remains responsible for any harmful consequences to third parties.
§ 4. The Distributor is required to respond immediately to any requisition of the Belgian Institute of postal services and telecommunications or, of any service or electricity distribution company to cease forthwith any harmful influence or disturbance in the operation of telephone, telegraph or electric power distribution facilities. Lack of meet this requisition, the measures deemed necessary, including moving of cables and related equipment, shall be ordered by the services or undertakings concerned, costs. risks and dangers of the Distributor. » Art. 7. There shall be inserted a section 4 in chapter III of the Act, read as follows: Section 4. -Standards for transmission of television art. 40A. television broadcasting body authorized by the competent Minister shall: 1 ° if it is widescreen in 625 lines and is not fully digital, use the 16: 9 D2 - MAC transmission system or a transmission 16: 9 system fully compatible with PAL or SECAM systems.
A wide-screen television service consists of programmes produced and edited to be presented to the public on a large format screen.
The 16: 9 format is the reference format for wide-format television service;
2 ° if it is high definition and is not fully digital, use the HD - MAC transmission system;
3 ° if it is fully digital, use a transmission system which has been standardized by a European standardisation body recognized. In this regard, a transmission system comprises the following elements: formation of programme signals (audio source coding, coding of source of video signals, multiplexing of signals) and adaptation to the means of transmission (channel coding, modulation and, if appropriate, energy dispersive).
Transmission networks open to the public for the distribution of television services, fully digital, must have the ability to distribute to large format.
S. 40B. the Distributor broadcast services television broadcasting in format 16: 9 widescreen, whether digital or not, must use this same format.
S. 40quater. equipment capable of descramble signals services of digital television broadcasting, whether they are sold, rented or made available to the general public, must allow the descrambling of such signals according to the algorithm common European scrambling administered by a European standardisation body of recognized and reproduction of signals that have been transmitted in clear provided that , where such equipment is rented, the rentee is in compliance with the relevant rental agreement.
S. 40quinquies. the Distributor and television broadcasting body authorized by the competent Minister must exclusively use conditional access systems with the necessary technical capability for cost-effective transcontrol at cable head level.
The Distributor must exercise full control over programs or television services on the cable using decoders or systems of conditional access at any time.
S. 40sexies. any television receiver equipped with a display screen full of visible diagonal greater than 42 cm which is put on the market for the purposes of sale or rental must be equipped with at least an open interface socket, as standardised by a European standards organisation recognized, allowing the simple peripheral equipment connection and, especially additional decoders and digital receivers.
S. 40septies. are prohibited: 1. the manufacture, import, distribution, sale, rental or possession for commercial purposes of illicit devices;
2. the installation, maintenance or replacement for commercial purposes of an illicit device;
3. the use of commercial communications to promote illicit devices. » CHAPTER III. -Provisions concerning the pursuit of television broadcasting activities
S. 8. This chapter will transpose the provisions of directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council directive 89/552/EEC on the coordination of certain provisions of laws, regulations and administrative action in Member States concerning the pursuit of television broadcasting activities.
S. 9. article 1 of the Act of 30 March 1995 on the networks of distribution of broadcasts and the pursuit of broadcasting activities in the bilingual Brussels-capital region is completed as follows: '10. television advertising: any form of announcement broadcast whether against payment or for similar or broadcast for self-promotional purposes by a public or private undertaking purposes the framework of a trade, business, craft or profession in order to promote the supply against payment, of goods or services, including immovable property, or rights and obligations;
11 surreptitious advertising: the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when this presentation is made in one purpose advertising and might mislead the public about the nature of such a presentation.
A submission is considered intentional especially when it is made for payment or similar;
12 sponsorship: any contribution made by a public or private undertaking, engaging in no activities of television broadcasting or production of audio-visual works, to the financing of television programmes with a view to promoting its name, its brand, its image, its activities or its achievements;
13 tele-shopping: the direct offers broadcast to the public for the delivery, payment, goods or services, including immovable property, or rights and obligations;
14 protected service: a protected service is one of the following services, insofar as it is supplied against payment and on the basis of conditional access:-television broadcasting;
-the services of the information society;
or the provision of conditional access to the above services considered as a service in its own right;
15 conditional access: any technical measure and/or any arrangement whereby access to the protected service in an intelligible form of prior individual authorisation;
16 conditional access device: any equipment or software designed or adapted to give access to a protected service in an intelligible form;
17 related services: installation, maintenance or replacement of conditional access systems and the provision of commercial communication services relating to these devices or services protected;
18 illicit device: any equipment or software designed or adapted to give access to a protected service in an intelligible form without the authorisation of the service provider. » Art. 10. in section 9 of the Act, the words "in which particularly mentioned the number of subscribers, distributed programs and services" are supplemented by the words "and whose content is clarified and/or extended by the Minister".
S. 11. it is inserted an article 12bis in subsection 1 of section 2 in chapter II of the Act, read as follows: «art.» 12bis. the King fixed, by deliberate royal decree in the Council of Ministers, the minimum percentage of the technical capacity of the cable television network dedicated to broadcasting distribution.
» Art. 12. article 14 of the same Act, amended by the Act of 7 May 1999. is completed as follows: '-television programmes broadcast by any broadcasting organization established outside a Member State of the European Union but using a frequency or a satellite capacity granted by a Member State of the Union European or an uplink to a satellite located in a Member State of the Union European. ''
Is distributor moved to the competent Minister of the programmes it distributes. » Art. 13. in the same Act, it is inserted in chapter III, section 1, article 28A as follows: «art.» 28bis. § 1. The King establishes annually, by royal decree, possibly taking advice from one or more instances of his choice, a list of events which it considers of major importance. These events may be subject to an exercise of exclusive rights by a body of broadcasters, in a manner such that a substantial proportion of the public is denied access to these events through television broadcasts on a free television.
The King determines if events should be transmitted live or deferred, in whole or in excerpts.
The King determines the manner in which the events referred to above must be accessible.
§ 2. The broadcasters shall refrain from exercising exclusive rights two years after the entry into force of this Act, in a manner such that they would deprive access through a service free to major listed events was published in the Official Journal of the European communities, a significant part of the public in a Member State of the Union European.
They comply with the conditions set on the occasion of the publication of the aforementioned lists and which concern online access, offline, in whole or in excerpts. » Art. 14. in articles 29 and 30 of the Act, the words "and teleshopping" are added after the words 'teletext services.
S. 15. section 31 of the Act, the following amendments are made: 1 ° in the § 1, a), the words 'of the European Union' shall be deleted;
2 ° at the end of § 1, a new paragraph is added, as follows: "the application of points b) and (c)) is subject to the condition that works originating from Member States are not the subject of discriminatory measures in the third countries concerned. ';
3 ° to § 3, the word "conclude" is replaced by the words 'concluded '.
4 ° a § 3A is inserted, worded as follows: "§ 3A. '. Works that are not European in the sense of paragraph works 1 but that are produced within the framework of bilateral co-production agreements between Member States and third countries, are deemed be European works if the community co-producers are involved mainly in the total cost of production and that the production is not controlled by one or more producers established outside the territory of the Member States. »;
5 ° in § 4, the words "and the paragraph 3a" are inserted between the words "within the meaning of § 1" and the words "but which are carried out."
S. 16. article 32 of the Act is replaced by the following provision: «art.» 32. no television broadcasting organization may broadcast a cinematographic work outside periods agreed with the rights holders. » Art. 17. the heading of section 2 of chapter III of the Act is replaced by the following: 'Section 2. -Television advertising, teleshopping and sponsorship.
» Art. 18. article 33 of the Act is replaced by the following provision: «art.» 33 § 1. Television advertising and teleshopping shall be readily recognizable as such and be clearly distinct from the rest of the programme by optical and/or acoustic means.
§ 2. Isolated advertising and teleshopping spots shall remain the exception.
§ 3. Television advertising and tele-shopping shall not use subliminal techniques.
§ 4. Surreptitious advertising and teleshopping illegal are prohibited. » Art. 19. in article 35 of the same Act, the words 'television advertising must not' are replaced by the words 'television advertising and teleshopping shouldn't.
20. in the Act, it is inserted an article 35bis, worded as follows: «art.» 35A. any form of advertising, sponsorship and teleshopping for cigarettes and other tobacco products is prohibited. » Art. 21. in the same Act inserted an article 35B as follows: «art.» 35B. television advertising for medicines and medical treatment which are only available on medical prescription in Belgium are prohibited.
Teleshopping for medicinal products subject to an authorization for placing on the market within the meaning of the legislation on the registration of drugs, as well as teleshopping for medical treatment are prohibited. » Art. 22. in article 36 of the same Act, the words 'the television advertising for alcoholic beverages must meet the following criteria' are replaced by the words "advertising and teleshopping for alcoholic beverages shall comply with the following criteria".
S. 23. article 37 of the same Act is supplemented by the following paragraph: "teleshopping must meet the previous criteria and can incite minors to enter into contracts for the sale or rental of goods and services."
S. 24. article 38 of the same Act is supplemented by the following paragraph: "§ § 4 4» Programs may be sponsored by companies that are engaged inter alia, the manufacture or sale of medicines, provided that they do not promote medicines or specific medical treatment available only on prescription in Belgium. » Art. 25. in section 39 of the Act, the following amendments are made: 1 ° in the § 1, the words
'and teleshopping' shall be inserted between the words "commercials" and "do not exceed 15%.
2 ° to § 2, the words 'without prejudice to broadcasting organizations exclusively devoted to teleshopping and self-promotion"are added after the words"shall not exceed 20%.
3 ° § 3 is replaced by the following provision: "§ § 3 3» Teleshopping broadcasts must be clearly announced and identifiable as such by optical and acoustic means. They must be programmed in screens reserved for them although they cannot be interrupted. The maximum number of screens of teleshopping, the minimum duration is 15 minutes, is set at eight per day.
The maximum duration of teleshopping programmes may in no case exceed three hours per day. » Art. 26. article 40 of the same Act is supplemented by the following paragraph: "when such programs are not tangled, they clearly identified either by the presence of a Visual throughout their symbol, an acoustic warning before they are broadcast. The King determines the mode of warning these programmes. » Art. 27. article 42 of the Act is replaced by the following provision: «art.» 42. articles 1, 2, 3, 4, 10, 12, §§ 2 and 3, 14 - 3 °, 17, § 1, 18, 20 and 26 of the Act of 6 February 1987-home and cable television networks and commercial advertising on radio and television are repealed. » Art.
28. an article 42bis, as follows, is inserted into the Act: «art.» 42bis. the King is, by deliberate royal decree in the Council of Ministers, coordinate all provisions relating to the networks of distribution of broadcasts and the pursuit of broadcasting activities in the bilingual Brussels-capital region. ' CHAPTER IV. -Entry into force art.
29. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 8, 2001.
ALBERT by the King: the Minister of scientific research, c. PICQUÉ sealed with the seal of the State: the Minister of Justice, M.
VERWILGHEN _ Note regular Session 2000-2001.
House of representatives Parliamentary papers: Bill: No. 774/1.
Amendments: No. 774/2.
Amendments: No. 774/3.
Amendment: No 774/4.
Report: No. 774/5.
Text adopted by the commission: No. 774/6.
Text adopted in plenary meeting and transmitted to the Senate: No. 774/7.
Erratum: No. 774/8.
Draft amended by the Senate: No. 774/9.
Opinion of the Council of State: No. 774/10.
Amendments: No. 774/11.
Report: No. 774/12.
Text adopted by the commission: No. 774/13.
Text adopted in plenary meeting and sent to the Senate: No. 774/14.
Parliamentary Annals: meeting on April 19, 2001.
Senate: Parliamentary documentation: draft transmitted by the House of representatives: No. 602/1.
Amendment: No. 602/2.
Report: No. 602/3.
Text adopted by the commission: No. 602/4.
Amendment after the approval of the report: No 602/5.
Amendments filed after the approval of the report: No. 602/6.
Amendment retabled after the approval of the report: No. 602/7.
Supplementary report: No. 602/8.
Text amended by the commission: No. 602/9.
Amendments to the text amended by the commission: No. 602/10.
Text amended by the Senate and returned to the House of representatives: No. 602/11.
Project réamendé by the House of representatives: No. 602/12.
Report: No. 602/13.
Decision of is left to the project réamendé by the House of representatives: No. 2-602/14.
Parliamentary Annals: meeting of 3 May 2001.