WRITTEN QUESTION E-0550/00

by Astrid Lulling (PPE-DE) to the Commission

(28 February 2000)

Subject: Commission proceedings against restrictions imposed by the Evin law (France) on the televised broadcasting in France of sporting events held abroad

In March 1995, the French authorities cancelled the broadcasting on French television channels of several sporting events held abroad because of the presence of hoardings advertising certain makes of alcoholic beverage. The French authorities take the view that the appearance of hoardings is tantamount to advertising, which is prohibited under the Evin law.

Following these incidents, the French inter-trade wine-growers organisations, CNIV (national committee of inter-trade organisations for wines of designated origin) and CIVB (Bordeaux wines inter-trade committee), lodged a complaint with the Commission against France for infringement of the free movement of services.

On 2 July 1996, the Commission sent France a reasoned opinion establishing and formally condemning the restriction on the freedom to provide services. The Commission recognised that the extra-territorial aspects of the Evin law are contrary to the single market and a clear obstacle to the free movement of services.

After unilaterally adopting a code of good conduct in this area in 1995, France recently adjusted its position and divided sporting events into two categories: bilateral events, to which the restrictions contained in the Evin law continue to apply, and multilateral events, for which the advertising of alcoholic beverages is permitted.

This position is discriminatory, since only major alcoholic beverage producers have the financial resources needed to advertise at multilateral sporting events. For their part, small and medium-sized producers of alcoholic beverages, such as producers of quality wines, are being deprived of the opportunity to advertise their products at sporting events which would be within their means.

In the light of the reasoned opinion of the Commission of 2 July 1996 and the recent actions taken by France, will the Commission decide to refer this matter to the Court of Justice of the European Communities?

If so, when will it initiate this procedure?

Answer given by Mr Bolkestein on behalf of the Commission

(10 April 2000)

The Commission is examining this issue carefully in view of the great concerns to which this case has given rise in the Parliament.

The Commission shares these concerns and this explains why it decided to send a reasoned opinion on this case in 1996. As noted publicly by the Commission at that time, it felt that the measures taken by the French authorities to enforce the Loi Evin contravened Community rules which prohibit unjustified restrictions on the freedom to provide services (Article 49 (ex Article 59) of the EC Treaty). The Commission fully supports the objective of protecting public health, but in this instance it considered that the measures taken to interpret and apply the relevant French legislation were not proportionate to this objective.

Given the interest the Parliament has displayed in this case, the Member of the Commission responsible for the Internal Market has decided to seek personally an effective resolution to the issue. He will therefore be asking to meet with the relevant French ministers in Paris in the near future to discuss this infringement procedure at the highest level. The Commissioner hopes that a satisfactory solution will be found with the French authorities.