WRITTEN QUESTION P-2465/99

by Gilles Savary (PSE) to the Commission

(16 December 1999)

Subject: Directive 97/36/EC Television without frontiers Independent television broadcasters

Article 2a(1) of Directive 97/36/EC(1) states that Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive.

An independent television broadcaster, Télé Gironde, which broadcasts from Belgium throughout Europe through the TLI channel, free to air and without subscription, in cooperation with Belgacom and Eutelsat, is experiencing serious problems in the retransmission of its programmes in France. These problems are threatening the existence and development of Télé Gironde. In view of this situation and the provisions of Directive 97/36/EC, in particular Article 2a(1) thereof: can the programming on the TLI channel be retransmitted unchanged and in its entirety by terrestrial television, if the availability of frequencies allows it?

Télé Gironde and TPS both broadcast their programmes using the Eurelsat satellite, the former free to air and without subscription, and the latter on a subscription basis. But when a subscription is taken out for its package of programmes, TPS provides a restricted receiver which does not allow other programmes broadcast free to air to be received, thereby restricting the freedom of viewers who may wish to watch, among other things, Télé Gironde, and blatantly contravening Article 2a(1) of Directive 97/36/EC.

What does the European Commission intend to do in order to bring such abuses of a dominant position and unfair competition to an end? Does it intend to act promptly in order to safeguard the future of the independent television broadcasters who are the victims of this situation?

(1) OJ L 202, 30.7.1997, p. 60.

Answer given by Mrs Reding on behalf of the Commission

(6 January 2000)

As stipulated in Article 2a(1) of Directive 97/36/EC of the European Parliament and of the Council, of 30 June 1997, amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcast activities, it is the Member States which must ensure freedom of reception and must not restrict retransmissions on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by the Directive.

Article 3 of the Directive stipulates that the Member States shall, by appropriate means, ensure, within the framework of their legislation, that television broadcasters under their jurisdiction effectively comply with the provisions of the Directive.

Moreover, Article 3(3) provides that the measures shall include appropriate procedures for third parties directly affected, including nationals of other Member States, to apply to the competent judicial or other authorities to seek effective compliance according to national provisions.

On the basis of this Directive, the Commission can initiate an infringement procedure only against a Member State (and not against a particular broadcaster), and only where it believes a Member State to have neglected one of the obligations incumbent upon it in accordance with Community law.

The situation described by the Honourable Member should therefore be referred to the national authorities.