WRITTEN QUESTION No. 459/96 by Peter PEX , James JANSSEN van RAAY to the Commission. Plans by the Royal Dutch Football Association (KNVB) to set up a separate sports channel
Date: 1996-02-29
Institutions: European Parliament, JANSSEN VAN RAAY, PEX
Subjects: Netherlands, monopoly of information, professional sport, television













EUR-Lex - 91996E0459 - EN






Avis juridique important




|



91996E0459

WRITTEN QUESTION No. 459/96 by Peter PEX , James JANSSEN van RAAY to the Commission. Plans by the Royal Dutch Football Association (KNVB) to set up a separate sports channel  


Official Journal C 217 , 26/07/1996 P. 0047 





WRITTEN QUESTION E-0459/96 by Peter Pex (PPE) and James Janssen van Raay (PPE) to the Commission (29 February 1996)Subject: Plans by the Royal Dutch Football Association (KNVB) to set up a separate sports channel1. Is the Commission aware of the plans of the KNVB to set up a sports channel of its own in the Netherlands?2. Does this entail the formation of an illegal cartel?3. In granting the new sports channel the rights to football coverage in the Netherlands, was the tender procedure adhered to correct, given that the KNVB issued a call for tenders and then awarded the exclusive rights to a company of which it will itself become a shareholder?4. How can provisions be included in European broadcasting legislation to prevent the establishment of monopoly rights to broadcast cultural events of general public interest?Answer given by Mr Van Miert on behalf of the Commission (12 April 1996)1. Yes.2. It is too early yet to indicate whether the KNVB's plan amounts to an illegal cartel. On 13 February 1996 the Commission received a briefing paper on the letter of intent between the KNVB and the consortium, but it awaits the notification by the parties of the full agreement.3. At this moment it is too early to answer this question in view of the fact that the notification of the full agreement is still awaited.4. In broadcasting the Commission is careful to ensure that markets remain open and that programme access is guaranteed to all operators, in accordance with the access principle established in its Decision 89/536/EEC of 15 September 1989 ((OJ L 284, 3.10.1989. )) based on Article 85 of the EC Treaty concerning film purchases by German television stations. This Decision is the first of its kind to make clear that agreements relating to exclusive television rights can be contrary to the Community competition rules because of the number and duration of the rights, while an exemption is only possible if suitable access rights are available to third parties. In each case of acquisition of exclusive broadcasting rights under Article 85, the parties have been requested by the Commission to open the access of third parties to the programmes involved on a non-discriminatory basis. Moreover, recital 16 of the 'television without frontiers' Directive 89/552/EEC ((OJ L 298, 17.10.1989. )), which constitutes the legal framework for broadcasting in the internal market, states that 'it is essential for the Member States to ensure the prevention of any acts which may prove detrimental to freedom of movement and trade in television programmes or which may promote the creation of dominant positions which would lead to restrictions on pluralism and freedom of televised information and of the information sector as a whole.' The Commission thus considers it is already possible at Community and national level to prevent broadcasting rights from being monopolized.