WRITTEN QUESTION P-1323/00

by Alexandre Varaut (UEN) to the Commission

(17 April 2000)

Subject: Restrictions on televising in France of sporting events staged abroad

What is the Commission's position regarding the complaints lodged in 1995 in particular by producers and dealers in French wines labelled appellation d'origine contrôlée, over restrictions on the televising in France of sporting events staged abroad, because of hoardings around the grounds advertising alcoholic beverages. This position of the French authorities is based on a restrictive interpretation of the (French) loi Evin which bans all TV advertising and on a code of good conduct (drawn up in March 1995) which formalised that interpretation.

1. Can the Commission contemplate closing the case, even though it has identified, in its reasoned opinion of July 1996, clear restrictions on freedom to provide services and even though France has shown no intention of modifying its position?

2. Can the continuation of discussions with the French authorities lead to a satisfactory solution when, contrary to the undertaking it gave in December 1998, it failed to consult the complainants and given that, since 1996, discussions have taken place time and again without any solution appearing?

3. Can the French authorities be said to respect the proportionality principle, when their approach (formalised in the code of good conduct) has the effect of allowing the televising of sporting events which count among those drawing the largest audiences, such as the World Cup or World Championships, of preventing medium-sized producers (wine producers) from advertising events which would be accessible to them and, in fact, of penalising drinks (wines) which are hardly consumed by young people at all?

4. In no way is the code of good conduct binding on the authorities responsible in France for prosecuting the author of an infringement of the Evin law and, hence, of a criminal offence. How does the Commission intend, within the framework of discussions with France, to guarantee legal certainty under the conditions defined by the Court of Justice?

Answer given by Mr Bolkestein on behalf of the Commission

(19 May 2000)

The Commission is continuing its high-level contacts with the French authorities with the aim of finding a satisfactory solution, by mutual agreement, to the restrictions on the freedom to provide services which led to a reasoned opinion being issued in 1996. As part of these discussions, the Commissioner responsible for the internal market will soon be meeting the French ministers concerned. The outcome of the discussions will determine the future course of the current procedure.

The Commission is convinced that solutions can still be found which will be satisfactory to everyone. In the coming discussions, it will emphasise the importance for the French authorities of consulting the interested parties, including the complainants.

The discussions are specifically aimed at finding proportionate responses which are consistent with Community law and the public health objectives of the regulations in question. The Commission is aware of the consequences of these regulations, particularly for medium-sized producers such as wine producers. The effects of the legislation will be at the heart of the discussions.

A code of conduct is likely to offer quick and satisfactory solutions to the problems, providing that certain conditions are met in terms of consulting the interested parties and in terms of content, transparency and dissemination. In order to maximise legal certainty, the Commission considers in particular that all interested parties (advertisers, broadcasters) should be able to obtain quick, clear and precise information from the French authorities regarding the status of any given sports event in relation to the distinctions made by the code.