WRITTEN QUESTION E-3846/97 by Mihail Papayannakis (GUE/NGL) to the Commission (5 December 1997)

Subject: Directives concerning television activities

In view of the fact that many Member States are infringing the Directives concerning television activities (for example 89/552/EEC ((OJ L 298, 17.10.1989, p. 23. )) concerning 'television without frontiers', 93/83/EEC ((OJ L 248, 6.10.1993, p. 15. )) on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, 94/46/EEC ((OJ L 268, 19.10.1994, p. 15. )) concerning satellite communications and 95/47/EEC ((OJ L 281, 23.11.1995, p. 51. )) on the use of standards for the retransmission of television signals) and in the light of observations by the Commissioner responsible Mr Oreja to the effect that the audiovisual sector is one of the most important for the Commission:

1. What steps will the Commission take, over and above MEDIA II, to develop a common strategy to strengthen the European audiovisual sector at a time when almost all television broadcasting directives are being infringed by the Member States and

2. Does it intend to initiate proceedings before the European Court of Justice for infringement of the above directives and, if so, when and against which Member States?

Answer given by Mr Oreja on behalf of the Commission (3 February 1998)

Besides launching the Media II programme, the Commission has put forward a proposal for a European Guarantee Fund to promote cinema and television production (proposal for a Council Decision of 14 February 1995) ((OJ C 41, 13.2.1996. )), which has been endorsed by Parliament. However the unanimity needed for its adoption by the Council has not yet been attained.

As far as new initiatives are concerned, the Commission has launched a phase of consultation and analysis, notably through a congress on the audiovisual industry to be held in the United Kingdom in spring 1998 and the high-level think tank recently set up by the Member of the Commission responsible for cultural affairs. In 1998 it will also be issuing a Green Paper on the cultural aspects of the new audiovisual and information services, in line with undertakings to that effect.

In addition, through the procedure for failure to act and under Article 169 of the EC Treaty, the Commission enjoys wide powers of discretion, in particular as regards whether or not to initiate proceedings before the Court of Justice. The Commission's second report to Parliament, the Council and the Economic and Social Committee concerning the application of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities ((OJ L 298, 17.10.1989. )), known as the Television without frontiers Directive, was adopted on 24 October 1997 ((COM(97) 523 final. )). The report presents and discusses, among other things, seven judgments of the Court of Justice concerning interpretation and application of the Directive. The Commission has also decided to commence an action in the Court of Justice for a declaration that Italy has failed to comply with its obligations under the EC Treaty and the Television without frontiers Directive.