WRITTEN QUESTION No. 3786/97 by John IVERSEN to the Commission. Sports broadcasting rights
Date: 1997-11-26
Institutions: European Parliament, IVERSEN
Subjects: Denmark, application of EU law, cable distribution, exclusive distribution agreement, private media, restriction on competition, sporting event, television

C 174/130

EN

Official Journal of the European Communities

8. 6. 98

Answer given by Mr Santer on behalf of the Commission

(14 January 1998)

In  view  of  the  length  of  its  answer,  the  Commission  is  sending  it  direct  to  the  Honourable  Member  and  to
Parliament(cid:146)s Secretariat.

(98/C 174/196)

WRITTEN QUESTION E-3786/97

by John Iversen (PSE) to the Commission

(26 November 1997)

Subject: Sports broadcasting rights

Can the Commission confirm or deny that a Danish bill, which would grant two nationwide state TV stations sole
rights to broadcast major national sporting events, conflicts with the EU directive? A private commercial channel
had  earlier  bought  the  rights  to  broadcast  sporting  events  and  now  claims  that  the  Danish  bill  is  contrary  to
Article 90 of the EC Treaty. The private channel can be received throughout the country, but only by cable or
satellite dish.

Answer given by Mr Van Miert on behalf of the Commission

(8 January 1998)

According  to  Article  3A  of  Directive  89/552/EEC,  as  amended  by  97/36/EC  on  the  coordination  of  certain
provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of
television broadcasting activities (1) each Member State may take measures in accordance with Community law
to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded
by  that  Member  State  as  being  of  major  importance  for  society  in  such  a  way  as  to  deprive  a  substantial
proportion  of  the  public  in  that  Member  State  of  the  possibility  of  following  such  event  via  live  or  deferred
coverage on free television. Such measures shall be immediately notified to the Commission. The Commission
shall within three months from the notification verify that the measures are compatible with Community law. It
shall seek the opinion of the contact committee set up by Article 23 A of the Directive.

The Commission has not yet received a notification from the Danish authorities pursuant to the Directive. It is
consequently not possible for the Commission to express any opinion on the compatibility under Community law
and in particular, with Article 90 of the EC Treaty or with the Directive itself, of the measures to be taken by the
Danish government.

(1)  OJ L 202, 30.7.1997.

(98/C 174/197)

WRITTEN QUESTION E-3788/97

by Panayotis Lambrias (PPE) to the Commission

(26 November 1997)

Subject: Treaty of Amsterdam and persons with special needs

The  Commission  has  already  drawn  attention  to  the  timid  nature  of  the  clause  on  combating  discrimination
against  the  disabled  (Article  6a)  incorporated  in  the  Treaty  of  Amsterdam  (absence  of  immediate  result,
requirement of unanimity in the Council). Moreover, at the last minute a special reference to persons with special
needs was withdrawn from Article 118 (social policy) of the new Treaty. Furthermore, Declaration No 22 of the
Treaty › which states that, in drawing up measures under Article 100a of the Treaty establishing the European
Community (approximation of legislations), the institutions of the Community shall take account of the needs of
persons with a disability › does not have any binding force, owing to its legal nature.