WRITTEN QUESTION E-0883/01

by Toine Manders (ELDR) to the Commission

(27 March 2001)

Subject: Satellite dishes

Satellite dishes are a user-friendly means of receiving cross-border broadcasts, and they therefore contribute to bringing together the different cultures and languages within the Union. Because they are not very expensive, more and more families are expressing an interest in them. However, sometimes there are obstacles to use by private individuals, e.g. because of administrative formalities, taxes or the imposition of collective decisions taken by management bodies of blocks of flats. In some cases it is essential to have a dish in order to receive certain foreign stations. Sometimes, for example in Belgium, the tax on satellite dishes is more than a cable subscription. The taxes could therefore create insurmountable barriers for the use of satellite dishes and hence for the free movement of services within the internal market.

1. Can the Commission explain how, in its opinion, consumers can benefit from the freedoms of the internal market with regard to this aspect of everyday life?

2. Can the Commission indicate whether it has any immediate plans to submit a document setting out details of the principle of freedom of movement of services in the internal market and the use of satellite dishes?

Answer given by Mr Bolkestein on behalf of the Commission

(11 May 2001)

This new written question, following the answers given to Written Questions 2216/99(1) and 718/01(2) from Mr Ferri, and the considerable number of requests for information on this subject, are confirmation of Parliament's and the public's interest in how the fundamental freedoms of the internal market are applied, with specific reference to freedom of movement of services as regards the individual use of satellite dishes.

It is clear from the Court of Justice's case law as regards Article 49 (ex-Article 59) of the EC Treaty that not only service providers but also service recipients benefit from the free movement of services across borders.

As satellite dishes can be regarded as instruments for receiving cross-border services, such as radio and television services and on-line services (information society services) broadcast by satellite since new technology can provide a service recipient upon individual request with remote access to on-line services via satellite it follows that satellite dish users, and particularly consumers, can benefit from this fundamental freedom under the EC Treaty, which is directly applicable within national legal systems, and furthermore under the right to freedom of expression, which is enshrined in both the European Convention on Human Rights and Fundamental Freedoms (Article 10) and the European Charter of Fundamental Rights (Article 11).

The merit of allowing the use of satellite dishes on the basis of clear and flexible rules, both as regards the regulations established by public authorities and in the context of the collective relations referred to by the Honourable Member, is therefore not confined to the economic aspect alone. It also allows effective, relatively simple and affordable access to an advanced technology, as well as strengthening cultural and linguistic interpenetration within the Community.

For all these reasons, in its 2001 Annual Work Programme the Commission has included an interpretative communication on the application of the principles of free movement of goods and services concerning the use of satellite dishes (operation 2000/378). It intends to present this Communication in the near future for the benefit of all the interested parties. Furthermore, this operation is in line with the new, recently drawn up Internal Market Strategy for Services(3).

(1) OJ C 26 E, 26.1.2001.

(2) OJ C 261 E, 18.9.2001, p. 183.

(3) COM(2000) 888 final.