WRITTEN QUESTION No. 1395/98 by Fernand LE RACHINEL to the Commission. Harmonization of audiovisual licence fees in the hotel industry
Date: 1998-05-07
Institutions: European Parliament, LE RACHINEL
Subjects: approximation of laws, audiovisual equipment, broadcasting, competence of the Member States, equal treatment, hotel industry, public service, quasi-fiscal charge, restriction on competition, tax harmonisation

22.12.98

EN

Official Journal of the European Communities

C 402/125

Answer given by Mrs Bjerregaard on behalf of the Commission

(11 June 1998)

The Commission does not intend in the short term to propose any amendments to the annexes to Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. It
believes absolute priority must be given to setting up the Natura 2000 network, which task is now well under way.
Amending the annexes at this stage could cause undesirable delays and distortions, even affecting the protection
of wolves. Once the work on Natura 2000 is complete, the Commission might possibly propose amendments to
the Directive(cid:146)s annexes as necessary to conserve the habitats and species concerned.

Article 22 of Directive 92/43/EC stipulates that Member States must study the desirability of re-introducing
species in Annex IV that are native to their territory where this might contribute to their conservation, provided
that an investigation, also taking into account experience in other Member States or elsewhere, has established
that such re-introduction contributes effectively to re-establishing these species at a favourable conservation
status and that it takes place only after proper consultation of the public concerned.

Spain could have recourse to this provision to tackle the disappearance of the wolf from the southern Duero.
The Commission has no power of initiative in this matter.

(98/C 402/165)

WRITTEN QUESTION E-1395/98

by Fernand Le Rachinel (NI) to the Commission

(7 May 1998)

Subject: Harmonization of audiovisual licence fees in the hotel industry

In view of the wide disparities between audiovisual licence fees in the hotel industry in Europe, does the
European Commission plan to harmonize or approximate national laws in order to avoid distortions of
competition?

These wide disparities (full rate for up to 10 TV sets in France, 1 TV licence for the first 15 TV sets in the United
Kingdom) are contrary to free competition and equal treatment in the area of hotel services.

Answer given by Mr Van Miert on behalf of the Commission

(25 June 1998)

The protocol (1) on the system of public broadcasting in the Member States which it was agreed in Amsterdam to
annexe to the EC Treaty confirms the competence of the Member States to define the public service remit of the
broadcasting organisations and to organise its funding.

It is thus not within the Commission(cid:146)s competence to assess the national provisions concerning the raising of the
broadcasting licence fees and to try to harmonise them. Such measures fall within the general fiscal powers of the
Member States and could only be harmonised by the Council in accordance with Articles 99-102 of the EC
Treaty.

(1) OJ C 340, 10.11.1997.