EN Official Journal of the European Union CE 78/731

(2004/C 78 E/0780)

WRITTEN QUESTION E-1945/03

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

(13 June 2003)

Subject: Amendment of the Dutch Media Act

The Netherlands Government has tabled a bill to amend the Media Act which would increase the number of stations which cable companies are required to relay by a maximum of two television stations and five radio stations. This would mean that, out of the average total of 32 television stations which a cable company relays, 17 would be relayed compulsorily, while out of the average total of 32 radio stations relayed, the same would apply to 30.

In connection with the amendment of the Media Act, the Netherlands Government has stated that it is not necessary to alter the relay obligations which the Media Act imposes on cable companies so as to bring them into line with Article 31 of the Universal Services Directive, because the aim of the Media Act (to protect diversity) is different from that of the new European framework.

1. Is the Commission aware of the bill to amend the Media Act? Is it possible to adopt such legislation during the period of implementation of the new European regulatory framework for electronic communications networks and services, which likewise includes rules on relay obligations? If so, is the Netherlands Government complying with the requirements of proportionality, transparency and reasonableness?

2. Is the Commission aware of the position adopted by the Netherlands Government that the Media Act does not need to be brought into line with Article 31 of the Universal Services Directive? What view does the Commission take of this position?

Answer given by Mr Liikanen on behalf of the Commission

(24 July 2003)

1. The Commission has not been officially informed by the Dutch authorities of any modification to the ‘Mediawet’, even though the concerns of certain market players regarding the Dutch must carry rules have been conveyed to it. Regarding the question as to whether it is possible to modify the ‘Mediawet’ during the period in which the new regulatory framework for electronic communication is being transposed, the Commission would point out that this new framework should enter into force on 25 July 2003, which means that by that date, all relevant Directives should be transposed into national law and any legislation that is not compliant with the new framework should be repealed or modified. In the present situation, since neither the draft law modifying the ‘Mediawet’ or any other Dutch legislation transposing the new regulatory framework for electronic communications have been communicated or notified to the Commission, the Commission cannot pronounce on the compliance of the Dutch must carry rules with the new regulatory framework, and in particular Article 31 of the Universal Service Directive 2002/22/EC (1).

2. As has been indicated above, the position of the Dutch Government has not been communicated to the Commission. The Commission has written to the Dutch authorities suggesting that, where deemed useful, a bilateral meeting be organised to discuss any issue arising from the transposition and implementation of the new framework. Such a meeting has taken place on 26 June 2003. The Commission reserves its position regarding the compliance of the Dutch must carry rules with the new regulatory framework until it has completed its analysis of the notified transposition measures.

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