WRITTEN QUESTION P-2210/00

by Brice Hortefeux (PPE-DE) to the Commission

(26 June 2000)

Subject: Commission procedure No 94/4855 to remove the restrictions imposed by the Evin Act on French televised broadcasts of sports events staged in other countries

The Commission has decided to make further approaches to the French authorities with a view to finding a satisfactory solution to the restrictions on broadcasts in France of sports events in other countries, for instance motor races and European football matches, which the Commission itself mentioned in its 1996 reasoned opinion.

We have been keeping a close watch on developments in this matter, not least the consequences ensuing from the complaint lodged with the Commission, to which the wine trade is a party, and fully support the Commission's efforts to resolve the situation, which is severely harming the industry and producers.

Could the Commission therefore say:

1. Why does the Commission believe that the 1995 code of conduct, which officially sanctions a restrictive interpretation of the Evin Act, could afford a means assuming that some adjustments were made of clearing up the difficulties identified in the reasoned opinion?

2. What assurances does the Commission have that a judge in a criminal case, who is bound only by the provisions of the Evin Act, will enforce the principles laid down in the code of conduct, even if that document were to be circulated in the public domain?

3. Did the meeting on 7 June 2000 between the Member of the Commission concerned and the French authorities result in an acceptable outcome as regards the freedom to provide services and compliance with the principle of legal certainty? What undertakings have the French authorities given in this connection?

4. Within what period will France be required to honour its commitments?

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.