WRITTEN QUESTION E-1279/02

by Toine Manders (ELDR) to the Commission

(6 May 2002)

Subject: Satellite reception

I have been hearing from people who are affected that it is not possible for EU nationals residing in a Member State other than that where they were born to obtain equipment to decode encrypted satellite TV broadcasts from a third Member State. In this way countries are prevented from receiving satellite TV programmes from abroad, while no arrangements exist for securing access to them in return for payment.

For example, a German living in Belgium cannot receive Dutch commercial satellite TV programmes because the requisite equipment is unobtainable in Belgium and its sale to foreigners is not permitted in the Netherlands.

This approach to the distribution of TV programmes by satellite contravenes the principle of free movement of goods and services in the EU. Moreover, commercial TV broadcasters seem to be seeking to strictly delimit markets by means of it.

1. Is the Commission aware of the above distortion of internal market principles?

2. Is this violation of the principle of free movement of goods and services justified?

3. Will the Commission take measures to tackle this situation?

Answer given by Mr Bolkestein on behalf of the Commission

(17 June 2002)

The Commission has been informed on a number of occasions of the difficulties encountered by some citizens who wish to receive satellite TV programmes broadcast from a Member State other than that in which they are resident.

It appears from the information at the Commission's disposal that even if the viewer is prepared to make the necessary payment, he/she very often receives a negative response from the broadcasting body, as the latter does not hold either the copyrights or related rights for distribution in Member States other than that in which it is established. The non-transfer of such rights may be due to a lack of economic interest on the part of a broadcasting body in disseminating its programmes beyond its national market or may be explained by an unwillingness on the part of the right-holders to transfer intellectual property rights.

The Commission is concerned about this situation, especially since it contradicts the principle of free movement within the internal market which each European citizen should enjoy, and it has a negative impact in terms of cultural, linguistic and social interaction; it also calls into question the objectives of the Television without frontiers Directive(1) which establishes the legal reference framework for the free provision of television services in the Union in order to promote the development of a European market in television and related services.

The Commission is therefore looking into this matter in its report on the implementation of Directive 93/83/EEC(2), which it intends to adopt shortly.

The Commission will then commence work as soon as possible on determining the extent to which the basic principle of the freedom of movement can be reconciled with respect for intellectual property rights.

(1) Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ L 298, 17.10.1989, amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997, OJ L 202, 30.7.1997.

(2) Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, OJ L 248, 6.10.1993.