WRITTEN QUESTION E-3900/00

by Astrid Lulling (PPE-DE) to the Commission

(13 December 2000)

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

With reference to my written questions concerning the manner in which the Evin law is being applied in France (E-550/00(1) and E-2197/00(2)) and the Commission's replies, I have been informed that France is continuing to cancel broadcasting on French television channels of sporting events held abroad because of the presence of hoardings advertising alcoholic beverages.

At the meeting of 6 June 2000 between Commissioner Bolkestein and Mrs Tasca, French Minister for Cultural Affairs and Communications, the Commission asked the French authorities to amend the code of good conduct applicable on the basis of consultation with all parties concerned.

On 9 October 2000 a consultation meeting was organised by the CSA, the French National Audiovisual Media Council. However the organisations which had lodged complaints (CIVB-CNIV, CBMC/CEPS), the French federations representing the winegrowing and brewing sectors, together with the European associations representing those concerned were not invited to attend. Does such an attitude not betray a reluctance on the part of the French authorities to hold a constructive dialogue with a view to amending the code of good conduct?

The British High Court has referred the matter to the Court of Justice of the European Communities for a preliminary ruling regarding the compatibility of the Evin law with Community legislation on the free movement of services, including commercial.

Given the lack of commitment being shown by the French authorities in finding a genuine solution to the problem on the pretext of protecting public health, does the Commission still consider that the 1995 code of good conduct, even in its amended form, is a suitable way of ensuring freedom to provide services in the single market? In view of this situation, does the Commission not consider that proceedings should be initiated against France with the Court of Justice of the European Communities? If not, what steps does the Commission intend to take with a view to settling the matter as soon as possible in accordance with the principles of the free movement of services in the single market?

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

(2) OJ C 89 E, 20.3.2001, p. 152.

Answer given by Mr Bolkestein on behalf of the Commission

(20 February 2001)

The Commission is still of the opinion that the 1995 code of conduct could in principle be an adequate means to ensure that the rules of the internal market are respected. Regarding this point, the Commission would like to refer to the reply it gave to the Honourable Member's Written Question E-2197/00(1).

As a follow-up to the discussions held in Paris on 7 June 2000 and the meeting organised by the French Conseil supérieur d'audiovisuel on 9 October 2000, both referred to in the question, the Member of the Commission responsible for the Internal Market sent a letter on 11 December 2000 to Mrs Tasca, the French Minister for Culture and Communication. This letter seeks to obtain more detailed information from the French authorities as to the state of play concerning the steps they have committed themselves to take.

The Commission will keep the Honourable Member informed of further developments.

(1) OJ C 89 E, 20.3.2001, p. 152.