WRITTEN QUESTION E-2197/00

by Astrid Lulling (PPE-DE) to the Commission

(3 July 2000)

Subject: Restrictions imposed by the Evin law (France) on the televised broadcasting in France of sporting events held abroad

The written question of 28 February to the Commission (E-550/00)(1) expressed Parliament's concern at the manner in which the Evin law is being applied in France, causing the broadcasting of sporting events held abroad to be cancelled because of the presence of hoardings advertising certain makes of alcoholic beverage and, in particular, at the fact that the complaint which gave rise to the reasoned opinion forwarded by the Commission to France in July 1996 identifying this practice as a restriction on the free movement of services had been shelved.

In his reply of 10 April 2000 Commissioner Bolkestein undertook to seek personally an effective resolution to the issue and to meet with the relevant French ministers in Paris [mldr] to discuss this infringement procedure.

According to the information received by Parliament, Commissioner Bolkestein met Mrs Catherine Tasca, French Minister for Cultural Affairs, in Paris on 7 June. Did this meeting produce a satisfactory solution to the problems referred to in the reasoned opinion?

Is it true that the Commission asked the French authorities to make adjustments to the code of good conduct without actually questioning its existence, despite the fact that it constitutes the main obstacle to the application of the principle of legal certainty established by the Court of Justice of the European Communities?

Does the Commission believe that adjustments to the code of good conduct are sufficient to bring about a satisfactory solution guaranteeing free movement of services and respect for the principle of legal certainty?

Have the French authorities given assurances that criminal courts will effectively apply the principles contained in the code of good conduct, given that they are normally only bound by the provisions of the Evin law?

(1) OJ C 330 E, 21.11.2000, p. 185.

Joint answer to Written Questions E-2118/00, E-2197/00 and P-2210/00 given by Mr Bolkestein on behalf of the Commission

(28 July 2000)

The Commission would like to reiterate that it is examining this case very carefully, not only because of the great concern to which the case has given rise in the Parliament but also because the Commission is keen to ensure that the rules of the internal market are respected.

The Commission's main objective in this case is to ensure that the application of the Loi Evin is compatible with Article 49 (ex-Article 59) of the EC Treaty, namely that there is a balance, a proportionality, between the legitimate objective of protecting public health, an objective which the Commission fully supports, and the freedom to provide services. In this respect, the Commission is of the view that the 1995 code of conduct could in principle be an adequate means to ensure that the requirement of proportionality is satisfied. However, the Commission takes the view that in order for the code of conduct to satisfy the requirement of proportionality, the French authorities need to improve further the code, in consultation with interested parties, with a view to limiting its application to a well defined and limited number of cases and to ensuring that it provides greater legal security and predictability for interested parties.

The Commissioner responsible for the Internal market and the French Minister for Culture and communication held constructive and positive discussions in Paris on 7 June 2000 on the steps which need to be taken by the French authorities in order for these conditions to be satisfied. As a first step, the French authorities will consult interested parties, including advertisers and sports' federations, on the content and the effect of the code. Once the necessary steps have been taken and when the Commission reaches a final decision on this case, the Commission will, of course, be pleased to inform the Honourable Members.