WRITTEN QUESTION E-3218/00

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(17 October 2000)

Subject: Development of a studio theme park in Mainz

The ZDF is planning to develop a studio theme park in Mainz, Germany. The theme park is to provide purely commercial leisure facilities, not unlike attractions on offer in other leisure parks, with which it will therefore be in direct competition.

In this context the following questions are asked:

1. What view does the Commission take of the fact that the ZDF studio theme park is a purely commercial theme park whose activities are not covered by the public-service broadcasting remit, contrary to stipulations of the German Monopolies Commission's thirteenth Biennial Report 1998/1999 drawn up in accordance with Section 44, paragraph 1, sentence 1, of the GWB (Act against Restraints of Competition) (p. 446)?

2. What view does the Commission take of the German Monopolies Commission's recommendation that these kinds of activities should not be pursued by public institutions such as the ZDF?

3. Does the Commission consider that the financing of the studio theme park with funds generated from public fees constitutes unauthorised financial aid under Article 87(1) of the EEC Treaty?

4. What does the Commission understand by the public-service broadcasting remit?

5. How does the Commission intend to monitor, in accordance with the public-service broadcasting remit, the operation and utilisation of the ZDF studio theme park under the current funding supervision system involving a body whose task is to establish the financial needs of broadcasting corporations?

6. How will the Commission ensure that, with a view to transparent public accounting, no funds generating from public fees will be used as state aid for the planning, development and utilisation of the ZDF studio theme park?

Answer given by Mr Monti on behalf of the Commission

(14 December 2000)

1. and 2. The Commission has not reached any conclusion regarding the planned development of a studio theme park by Zweites Deutsches Fernsehen (the ZDF). Until now the Commission has dealt only with complaints received regarding the ZDF plan. It originally informed the applicants that the information at its disposal did not indicate that state aid would be used to develop the studio theme park. The applicants have since supplied further information, which is currently being examined.

3. and 5. The Commission has not found that the studio theme park is being financed with funds from public licence fees. Consequently, it has not concluded that the financing is in breach of Article 87(1) of the EC Treaty. For this reason there is no cause to consider monitoring the operation or utilisation of the studio theme park.

4. The definition of public-service broadcasting remit is a matter for the Member States, not for the Commission.

6. In principle, Commission Directive 2000/52/EC of 26 July 2000 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings(1) also applies to the broadcasting sector. However, the requirement to keep separate accounts applies solely where a company conducts different activities and not in the case where activities are conducted by different legal persons.

Where it is necessary to examine a complaint concerning the infringement of state aid rules, it is the Commission's practice to request information from the Member State concerned. There is normally no reason to doubt the accuracy of this information.

(1) OJ L 193, 29.7.2000.