WRITTEN QUESTION No. 1718/98 by Gerhard HAGER to the Commission. ORF licence fee
Date: 1998-05-29
Institutions: European Parliament, HAGER
Subjects: Austria, administrative sanction, broadcasting, competition law, public service, quasi-fiscal charge, television

22.12.98

EN

Official Journal of the European Communities

C 402/155

companies practising these activities at their own risk come under the scope of the insurance directives and are
subject to the system of authorisation and financial control by the Member State of origin.

The problems posed by supplementary pension schemes in connection with the free movement of persons have
been examined in the Commission(cid:146)s Green Paper on supplementary pensions in the single market (3). As a first
step towards overcoming the obstacles to free movement associated with supplementary pensions,
the
Commission has recently tabled a proposal for a Directive on safeguarding the supplementary pension rights
of employed and self-employed persons moving within the European Union (4). This proposal is currently before
the Council; Parliament and the Economic and Social Committee have already expressed favourable opinions.

Judgment of 26 March 1996, case C-238/94, Garcia, ECR 1996 p. 1-1673.

(1) OJ L 228, 11.8.1992.
(2)
(3) COM(97) 283.
(4) OJ C 5, 9.1.1998.

(98/C 402/207)

WRITTEN QUESTION E-1718/98

by Gerhard Hager (NI) to the Commission

(29 May 1998)

Subject: ORF licence fee

A campaign has recently been launched in Austria against persons watching television at home without a licence.

As the law stands in Austria all households in which there is a television set capable of receiving programmes are
obliged to apply for a radio/television permit and, for as long as they retain the set, to pay a fee; failure to do is
subject to a fine.

As set out in Article 29 of the Federal Law on the Responsibilities and Constitution of the Austrian Broadcasting
Authority (ORF), this fee is payable regardless of the frequency or quality of the programmes or their reception.

However, there are some parts of Austria where it is impossible to receive ORF. Yet, if the Austrian citizens
affected want to receive programmes with a satellite dish they, too, are obliged by Austrian law to pay this fee.

What is the Commission(cid:146)s view of the lawfulness of this measure, and how can it be reconciled with EU rules on
competition?

Answer given by Mr Van Miert on behalf of the Commission

(24 June 1998)

The (cid:145)Protocol on the system of public broadcasting in the Member States(cid:146) 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 the funding. Thus, it is not within the Commission(cid:146)s competence to
assess the national provisions concerning national broadcasting licence fees.

The competition rules of the EC Treaty serve to guarantee fair competition between the undertakings of the
Community and apply in principle only if trade within the Community is actually or potentially affected.
However, the competition rules of the Community do not apply in the case of a possible discrimination against
individuals under national tax or licence provisions.