THE new draft directive for television approved by the EU Council of Ministers may now go to the EU's conciliation process during the Irish presidency which begins next month.
The Council of Cultural Ministers accepted some of the European Parliament's 62 amendments to the directive, Television Without Frontiers, at a recent meeting in Luxembourg.
The directive says that European television stations must broadcast a majority of programmes that are made within the EU. However, the directive includes the proviso "where practicable", which some MEPs claim makes the whole directive meaningless, and the Council of Ministers did not alter that problematic phrase.
Ireland was one of four countries that abstained. Sweden voted against. The Minister for Arts, Culture and the Gaeltacht, Mr Higgins, was seeking a change in the proposal that allowed television stations established solely to promote particular products to take advertising.
Television Without Frontiers has become highly controversial. Some interests within the EU have seen it as the chance to strengthen the European film and television industries, which have been losing out to the American entertainment industry.
France attempted to make it a major plank of its presidency, as part of a policy designed to strengthen European culture.
However, there has been considerable opposition to the strong quota regime favoured by the French from among television companies, including RTE.
Earlier this year the European Parliament severely amended the compromise directive that was sent from the Commission. The Parliament favoured the use of strong quotas.
The Parliament is expected to oppose the directive from the Council of Ministers, and if this happens it would be up to the Irish presidency to use the EU's conciliation machinery to find agreement. This would be the first ever use of this process.
Failure by the Irish presidency to resolve the issue would leave the EU without a television policy at a time when unprecedented growth in the industry is expected.
There are over 400 television channels in Europe. The arrival of digital television within 18 months is expected to double and even treble than number within a very short period.