WRITTEN QUESTION E-0396/00 by Doris Pack (PPE-DE) to the Commission. FIBT TV rights.
Date: 2000-02-15
Institutions: European Parliament, Provisional data
Subjects: copyright, freedom to provide services, infringement of EU law, sport, sporting event, sports body

C 303 E/188

Official Journal of the European Communities

EN

24.10.2000

before 31 March 2000, for a maximum period of 30 days, and under certain other conditions which the
Irish Ministry of Foreign Affairs deems unacceptable.

Can the Commission state that it will
investigate as a matter of urgency the actions of the Israeli
authorities and commit itself to intervening on behalf of these EU citizens to ensure that they are accorded
access to Israel under conditions which do not treat them as a threat to national security?

Answer given by Mr Patten on behalf of the Commission

(24 February 2000)

The Commission is fully aware of the events involving the Catholic charity group from Co Wexford trying
to visit Israel. Extensive and detailed information was handed to the Commission both by Members of the
Parliament and by the Israeli Mission in Brussels. These documents described an unfortunate chain of
events which led to this regrettable situation.

The Commission shares the concern of the Irish authorities and trusts an appropriate solution can be
found in the very near future. It notes that the Irish Foreign Ministry is in close contact with the Israeli
government in order to find a swift resolution of the issue.

Matters of consular protection and access to third countries do not fall within competence of the
Commission, but it would be ready to offer its good services if requested by the Irish authorities.

(2000/C 303 E/215)

WRITTEN QUESTION E-0396/00

by Doris Pack (PPE-DE) to the Commission

(15 February 2000)

Subject: FIBT TV rights

Every year, the Milan-based FIBT (International Bobsleighing and Tobogganing Federation) organises World
Cup and European and world championship competitions for two-man and four-man bobs.

It awards the right to stage these events to individual national associations and bobsleigh-run owners
subject to the terms of an agreement which it draws up and which applicants are required to accept.

Section 1.13.4 of the FIBT(cid:146)s International Rules states that all TV, film, video and radio rights and rights
pertaining to new media, including CD-ROM and the Internet, for FIBT events are owned exclusively by
the FIBT.

The FIBT has concluded a long-term contract with Eurosport on the basis of this provision. Local event
organisers and national associations, who bear all the financial risk in respect of the competitions, are not
allowed themselves to sell broadcasting rights. Local event organisers and FIBT member associations are
thus deprived of the funds they need to finance the artificial-ice bobsleigh runs in future.

Will the Commission please state:

1. Whether the FIBT(cid:146)s rules and its agreement with event organisers run counter to Community case law

as it is currently evolving with regard to sport?

2. Whether the FIBT(cid:146)s rules are an obstacle to the free movement of services?

24.10.2000

EN

Official Journal of the European Communities

C 303 E/189

Answer given by Mrs Reding on behalf of the Commission

(27 March 2000)

According to the case law of the Court of justice, sport and sport-related activities such as the organisation
and broadcasting of sporting events have to comply with Community law in so far as they constitute an
economic activity within the meaning of Article 2 of the Treaty (1).

The Community competition rules therefore in principle apply to practices such as the collective selling by
sports federations of the television (TV) rights to the events which are organised under their auspices.

However, whether the collective selling of the TV rights to bobsleigh events is compatible with Commun-
ity competition law cannot be decided without thoroughly examining the concrete facts and circum-
stances. In that context, it must be examined whether the practice affects trade between Member States and
restricts competition to an appreciable extent in the relevant market, which is likely to be the case at least
when the collective selling concerns highly priced broadcasting rights to major mass-attractive sports.

As far as freedom to provide services is concerned, the principles of free circulation within the internal
market not only apply to the action of public authorities but extend also to rules of any other nature
aimed at regulating gainful employment in a collective manner.

The Commission has not received any complaints or notification concerning the broadcasting of bobsleigh
events or related collective selling of TV rights for violation of the principles of free circulation (notably
the free circulation of services). Since the Commission is currently examining collective selling of TV rights
to other sports events, the result of which will also be relevant in respect of the collective selling of
TV rights to bobsleigh events, it does not intend to investigate this matter at present.

(1) See cases 36/74 (Walrave) of 12/12/1974 or C-415/93 (Bosman) of 15/12/1995.

(2000/C 303 E/216)

WRITTEN QUESTION P-0405/00

by Pasqualina Napoletano (PSE) to the Commission

(9 February 2000)

Subject: Commission-funded mission for the reform of the Albanian customs system

A few days ago Mrs Natalina Cea, head of the mission sent, with Commission funding, to Albania to
reform that country(cid:146)s customs system, said that she would be leaving her job, which she has performed in
a highly professional, committed and courageous manner over the past three years.

The mission, which has overhauled the Albanian customs system, has been a success: it has brought about
an extremely substantial
increase in customs revenue and played a decisive role in the redrafting of
Albanian customs law.

However, Mrs Cea has drawn attention to a general climate of intimidation and obstruction during her
work in Albania.

The Italian Customs Service, from which Mrs Cea was seconded, has actively supported and praised
it has forwarded a proposal for her
Mrs Cea(cid:146)s work as head of mission. In response to her request,
replacement to the Commission, thus confirming its commitment to continuing with the difficult task of
combating illegal activities and stepping up the fight against crime.

Given the above, would the Commission:

1.

state its views on what is happening in Albania in this extremely delicate area of cooperation;

2. not agree that the mission should be strengthened and actively supported, not least in view of the

problems experienced to date;