19/07/2007 - A report by an independent consultant reveals that the major Spanish TV channels break two of the rules contained in the Television without Frontiers Directive. There were numerous infringements of the ‘12 minutes per hour spot advertising breaks’ and the ‘interval of 20 minutes between advertising breaks’ in 2005 and 2006. A letter sent by the Commission gives the Spanish government two months to respond to these concerns.

The Commission sent Spain a letter of formal notice today for failing to comply with the television advertising rules contained in the Television without Frontiers Directive (TWFD). A report by an independent consultant revealed numerous and frequent infringements of the rules by the major Spanish television channels.

Compliance with the rules contained in the "TWF" Directive was monitored in Spain in 2005 and 2006, revealing, in particular, an incorrect interpretation of the rules regarding "spot advertising" (Article 18), with the result that in many cases advertisements now exceed the Directive's limit of 12 minutes per hour.

The second infringement which the Commission found Spanish television channels frequently committing relates to the rule in Article 11 of the Directive concerning the interval of 20 minutes between advertising breaks.

Commissioner for Information Society and Media Viviane Reding said, "Spain has not taken the requisite measures to ensure effective compliance with all the provisions of the Television without Frontiers Directive. Everything must now be done to remedy this situation and to establish a genuine internal market for audiovisual media services".

The decision by the Commission is all the more significant because it comes just a few months before the entry into force of the new Directive on Audiovisual Media Services Without Frontiers, which maintains and confirms the limit of 12 minutes per hour for spot advertising and teleshopping. The Spanish government now has two months within which to respond to the concerns expressed in that letter.