WRITTEN QUESTION P-0201/00 by Joan Colom i Naval (PSE) to the Commission. Commercial breaks in television schedules in Spain.
Date: 2000-01-31
Institutions: European Parliament, Provisional data
Subjects: Spain, action for failure to fulfil an obligation, advertising, infringement of EU law, television

C 280 E/198

Official Journal of the European Communities

EN

3.10.2000

Therefore, before this situation develops any further, and to avoid a repeat of the tragic events linked to
the industrial and civil use of asbestos, would the Commission state its views on this matter and provide
details of the political initiatives it intends to take or has already taken with a view to protecting public
health in the Community?

Answer given by Mr Byrne on behalf of the Commission

(14 March 2000)

The Commission, in its proposal for a Recommendation on the limitation of exposure of the general
public to electromagnetic fields (0 HZ to 300 GHz), adopted by the Council on 12 July 1999, wants to
contribute as much as possible to ensuring a high level of protection for European citizens in a sensitive
area which has not previously been subject
to Community law. The Commission is preparing a
standardisation mandate in order to take into account basic restrictions and reference levels of the Council
Recommendation in relevant standards for mobile phones.

The Commission is following up this dossier very closely and is currently funding numerous research
projects. During the third and fourth framework programmes the Commission financed and coordinated
COST actions (COST 244 in 1992, followed by COST 244a in 1998) on the biomedical effects of
electromagnetic radiation. The Biomed 2 Programme financed two studies on the links between electro-
magnetic radiation and cancer. The (cid:145)Measures and Tests(cid:146) Programme also funded a project on the
measurement of electromagnetic radiation from portable telephones.

None of these studies (concerning thermal effects and possible interferences with cell metabolism caused
by different types of electromagnetic fields) revealed any adverse health effects, but additional results are
necessary to respond fully to public concern.

In the context of the Fifth Research and Technological Development Framework Programme (1998-2002),
electromagnetic radiation has been specifically included in the work programme of Key Action 4
(environment and health) under Theme 1, quality of life and management of resources for living beings.
The projects include a wide-scale epidemiological study (Interphone), coordinated by the International
Agency for Research on Cancer (IARC), which should cast light on the question as to whether electro-
magnetic radiation from mobile telephones can cause cancer.

At any rate the Commission is monitoring this dossier very closely and will not hesitate to make a
legislative proposal
if its ongoing research programmes reveal new health risks linked to long-term
exposure to low levels of electromagnetic radiation.

(2000/C 280 E/232)

WRITTEN QUESTION P-0201/00

by Joan Colom i Naval (PSE) to the Commission

(31 January 2000)

Subject: Commercial breaks in television schedules in Spain

Written Question P-3862/98 (1) criticised the failure on the part of most Spanish television channels to
comply with Council Directive 89/552/EEC (2) of 3 October 1989 (the (cid:145)Television without frontiers(cid:146)
Directive).
In particular it complained about the steady increase in the amount of time allotted to
advertisements and the frequency of commercial breaks during programmes, including broadcasts with
dramatical content such as films, plays and operas.

In its answer of 4 February 1999, the Commission stated that it was aware of these allegations and was
gathering information to establish whether they could be substantiated.

3.10.2000

EN

Official Journal of the European Communities

C 280 E/199

In the meantime this deplorable situation has in fact deteriorated so much that the absence or small
number of commercial breaks has even become a kind of selling point for some programmes.

Can the Commission say what findings have emerged from the investigations announced more than a year
ago and whether it intends to adopt measures of any kind to ensure compliance with the aforementioned
Directive in Spain?

(1) OJ C 207, 21.7.1999, p. 138.
(2) OJ L 298, 17.10.1989, p. 23.

Answer given by Mrs Reding on behalf of the Commission

(28 February 2000)

An infringement procedure under Article 226 (ex Article 169) of the EC Treaty has been initiated
concerning Spain(cid:146)s failure to comply with the advertising rules enshrined in the (cid:145)Television without
frontiers(cid:146) Directive (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 Directive 97/36/EC of the Parliament and Council of 30 June 1997).

(2000/C 280 E/233)

WRITTEN QUESTION P-0202/00

by Dominique Souchet (UEN) to the Commission

(31 January 2000)

Subject: Customs procedures employed against Saint Pierre and Miquelon

In the light of an inquiry conducted by the Unit for the Coordination of Fraud Prevention, certain
European customs authorities have been instructed to refuse certificates of release for free circulation from
the Saint Pierre and Miquelon territorial collectivity pursuant to Article 101 of Decision 91/482/EEC (1).

In relation to this particular case, will the Commission say what it defines as customs clearance procedures
not subject to (cid:145)an exemption from, or a refund of, in whole or in part, customs duties or taxes having
equivalent effect(cid:146)?

In view of the huge difficulties that such procedures can and will pose for the Saint Pierre and Miquelon
territorial collectivity, is the Commission in a position to grant the collectivity a stay of execution pending
the final outcome of the ongoing inquiry, given that the latter has stated its readiness to take any
corrective measure proposed by the Commission?

(1) OJ L 263, 19.9.1991, p. 1.

Answer given by Mrs Schreyer on behalf of the Commission

(25 February 2000)

In the case referred to by the Honourable Member, it was found that transport aid was being granted in
territories including Saint Pierre and Miquelon, to economic operators transhipping certain goods there.

The Commission is examining, with due regard to the information provided by the French authorities and
those of Saint Pierre and Miquelon, whether the transport aid amounts to a refund of customs duties under
Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories
(OCT) with the European Economic Community. (1) Under that Decision, products not originating in an
OCT which are in free circulation there and are re-exported as such to the Community may be imported
into the Community free of customs duties and taxes having equivalent effect, provided the conditions in
Article 101(2) have been complied with (payment in the OCT of customs duties or taxes having equivalent
effect, no exemption from or refund of customs duties or taxes having equivalent effect, in whole or in
part, and presentation of an export certificate).