EN Official Journal of the European Union CE 78/755

(2004/C 78 E/0802)

WRITTEN QUESTION E-2753/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(15 September 2003)

Subject: Amendment of the Dutch Media Act

In May 2003 I put a question to the Commission (E-1945/03 (1)) concerning the Netherlands government's draft law amending the Media Act. The Netherlands government took the position that it was not necessary to amend the relay obligations (‘must carry’ rules), imposed on cable firms under the Media Act, to take account of Article 31 of the Universal Service Directive, which forms part of the new Community regulatory framework for electronic communications.

In its reply to my question, the Commission referred to a meeting it had held with the Netherlands government on 26 June 2003, at which possible problems relating to the transposition and implementation of the new regulatory framework were discussed.

The Commission also stated that it was not able to rule on the compatibility of the Dutch ‘must carry’ rules with the new regulatory framework, because neither the draft law modifying the Media Act nor any other Dutch legislation transposing the new regulatory framework for electronic communications had at that point been notified to the Commission, and the new framework would not be entering into force until 25 July 2003.

1. Has the Commission now considered the Dutch draft law amending the Media Act and other Dutch legislation transposing the new regulatory framework?

2. Does the Commission consider that the Dutch ‘must carry’ rules comply with the new regulatory framework, particularly Article 31 of the Universal Service Directive?

3. If not, what measures does the Commission propose to take in this connection?

Answer given by Mr Liikanen on behalf of the Commission

(19 November 2003)

The Commission has not yet received a notification from the Dutch Authorities of legislative measures transposing the new regulatory framework.

Therefore it is not yet possible to determine whether the legislation transposing the new framework in the Netherlands will be in compliance with it, in particular as regards Article 31 of the Universal Service Directive (2).

The Commission will analyse the legislative measures transposing the new framework in the Netherlands once they have been notified and, in the event of non-compliance, may propose the opening of an infringement proceeding. The Commission wishes to underline that on 8 October 2003 infringement proceedings have already been initiated under Article 226 of the EC Treaty against the Netherlands, among others, for non-communication of its transposition measures (3). The Member States concerned were requested to respond to the Commission's concerns within two months.

Finally, the Honourable Member will recall that in the final analysis the Court of Justice has sole competence to rule on the legality or otherwise of a transposition measure.

(1) See page 731.

(2) Directive 2002/22/EC of the Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services, OJ L 108, 24.4.2002.

(3) IP/03/1356 of 8.10.2003.