WRITTEN QUESTION E-2118/00

by Giovanni Procacci (ELDR) to the Commission

(30 June 2000)

Subject: Proceedings No 94/4855 brought by the Commission against the restrictions imposed by the Evin law on the broadcasting in France of sports events held abroad

It would seem that the Commission at last intends to take firm action to put an end to the discrimination in France against the broadcasting of sporting events held in other countries, if advertising hoardings featuring alcoholic beverages are shown, introduced by the Evin law.

The European wine-producing industry, via the complaint lodged with the Commission by producers of French DOC and Bordeaux wines, has been monitoring with concern the action of the French authorities, which penalises wine in particular.

The current situation, in which legal certainty is not guaranteed, constitutes a blatant infringement of freedom to provide services in the internal market, as mentioned in the reasoned opinion sent to France by the Commission in 1996. Furthermore, the establishment of a category of multinational events, drawn up in the context of the Code of Conduct, which can be broadcast despite the presence of advertisements for alcoholic drinks, shows that the measure implemented by the French authorities is out of all proportion, especially if one considers that these multinational events are among the most important and popular sports events (European and world football championships, etc).

On 7 June Commissioner Bolkestein and the French Culture Minister Catherine Tasca initialled an agreement designed to ensure respect for the principle of legal certainty, as laid down by the Court of Justice of the EC, and respect for the other fundamental principles laid down in the Treaty, such as the free movement of services.

Can the Commission therefore say:

- what the agreement signed with the French Culture Minister contained;

- to what extent this agreement complies with the principle of free movement of services in the internal market and the principle of legal certainty, since a code of conduct cannot constitute a derogation from a criminal law provision such as the Evin law?

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.