Published online by Cambridge University Press: 29 July 2009
At the time of finishing the manuscript, the process of revising the TWFD had just begun. The manuscript therefore took into account the Commission's original proposed amending directive. The revision process is still not complete, though the Commission has produced an amended proposal. The Council subsequently submitted informally to the European Parliament a document which reflected a political compromise, with a view to reaching an agreed text at the common position stage, as envisaged by paragraphs 16–18 of the Joint Inter-institutional Declaration on Practical Arrangements for the Co-Decision Procedure and on which the Council hopes to adopt a common position before the end of May 2007. Although the Parliament's Committee on Culture and Education accepted the draft, the procedure itself has drawn some criticism on the basis that this ‘backdoor agreement’ undermines the democratic function of the European Parliament. Therefore although many commentators suggest that the proposal will not now change, it still has to secure the agreement of the Council and of the European Parliament in plenary.
Although the comments made in the body of the book remain valid, from this revised proposal a number of further points can be made:
The extension of the regulatory regime to ‘audiovisual media services’ seems, in principle, to be accepted though there is still much concern about the meaning of this term and thus the boundaries of the directive;
Likewise, the internal boundary between ‘linear’ and ‘non-linear’ services is accepted, but unclear in practice;
Changes have been made to the provisions dealing with co- and self regulation;
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