WRITTEN QUESTION No. 5/98 by Alexandros ALAVANOS to the Commission. Protection of children from television programmes with sharp changes of light
Date: 1998-01-29
Institutions: ALAVANOS, European Parliament
Subjects: Japan, audiovisual programme, broadcasting, child, child protection, disease of the nervous system, health risk, selective dissemination of information, supervisory power, television

C 223/80

EN

Official Journal of the European Communities

17. 7. 98

Answer given by Mrs Bjerregaard on behalf of the Commission

(2 March 1998)

1. Ministerial Decision No 73537/1438 (1) transposing Council Directive 91/157/EEC of 18 March 1991 on
batteries and accumulators containing certain dangerous substances (2) into Greek law contains information on
the way in which dangerous substances in batteries and accumulators are to be eliminated. There may also be
other information on this subject in the programmes provided for in Article 6 of the Directive.

Article 6 of the Directive lays down a series of objectives to be achieved. In order to attain them, Article 6
2.
provides for Member States to draw up programmes to be communicated to the Commission by 17 Septem-
ber 1992 at the latest. As Greece had not forwarded its programmes by the deadline given in the Directive, the
Commission decided to launch the procedure set out in Article 169 of the EC Treaty.

The time which has elapsed between the date on which the obligation to notify the Commission of the
3.
programmes would have been effective and the date on which the Commission decided to initiate proceedings
against Greece in the Court of Justice is perfectly justified in the light of the procedures pursued under Article
169 of the EC Treaty and the Commission(cid:146)s internal procedures.

The first letter requesting information on this subject was addressed to the Greek authorities in December 1992.
Following bilateral contacts and an exchange of correspondence, the Commission dispatched a letter of formal
notice  to  the  Greek  Government  on  this  subject  in  November  1995.  As  the  replies  to  this  letter  were
unsatisfactory,  the  Commission  issued  a  reasoned  opinion  in  May  1997.  Finally,  following  an  unsatisfactory
reply to the reasoned opinion, the Commission decided to bring the matter before the Court of Justice.

(1)  Official Journal of the Greek Republic No 781, Volume II, of 12.9.1995.
(2)  OJ L 78, 26.3.1991.

(98/C 223/99)

WRITTEN QUESTION E-0005/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(29 January 1998)

Subject: Protection of children from television programmes with sharp changes of light

700  children  recently  suffered  epileptic  fits  in  Japan  while  watching  cartoons  on  TV  with  vivid  colours  and
flashing pictures, causing concern among the public at large. Since the problem concerns most children who
watch similar programmes, will the Commission subject such television programmes to restrictions?

Answer given by Mr Oreja on behalf of the Commission

(23 February 1998)

Article  22(1)  of  Council  Directive  89/552/EEC  on  the  coordination  of  certain  provisions  laid  down  by  law,
regulation or administrative action in Member States concerning the pursuit of television broadcasting activities,
as amended by European Parliament and Council Directive 97/36/EC of 30 June 1997 (1), provides: (cid:145)Member
States  shall  take  appropriate  measures  to  ensure  that  television  broadcasts  by  broadcasters  under  their
jurisdiction  do  not  include  any  programmes  which  might  seriously  impair  the  physical,  mental  or  moral
development of minors ...(cid:146). If the programme to which the Honourable Member refers had been broadcast in one
of the Member States of the European Economic Area, that may well have constituted a breach of Community
law. The Commission has no information suggesting that such programmes have been broadcast in the European
Union so far.

(1)  OJ L 202, 30.7.1997.