WRITTEN QUESTION E-0550/00 by Astrid Lulling (PPE-DE) to the Commission. Commission proceedings against restrictions imposed by the Evin law (France) on the televised broadcasting in France of sporting events held abroad.
Date: 2000-02-28
Institutions: European Parliament, Provisional data
Subjects: EU law, France, advertising, alcoholic beverage, freedom to provide services, health policy, national law, opinion, programmes industry, single market, sporting event

21.11.2000

EN

Official Journal of the European Communities

C 330 E/185

(2000/C 330 E/212)

WRITTEN QUESTION E-0550/00

by Astrid Lulling (PPE-DE) to the Commission

(28 February 2000)

Subject: Commission proceedings against restrictions imposed by the Evin law (France) on the televised

broadcasting in France of sporting events held abroad

In March 1995, the French authorities cancelled the broadcasting on French television channels of several
sporting events held abroad because of the presence of hoardings advertising certain makes of alcoholic
beverage. The French authorities take the view that the appearance of hoardings is tantamount to
advertising, which is prohibited under the Evin law.

Following these incidents, the French inter-trade wine-growers organisations, CNIV (national committee of
inter-trade organisations for wines of designated origin) and CIVB (Bordeaux wines inter-trade committee),
lodged a complaint with the Commission against France for infringement of the free movement of services.

On 2 July 1996, the Commission sent France a reasoned opinion establishing and formally condemning
the restriction on the freedom to provide services. The Commission recognised that the extra-territorial
aspects of the Evin law are contrary to the single market and a clear obstacle to the free movement of
services.

After unilaterally adopting a code of good conduct in this area in 1995, France recently adjusted its
position and divided sporting events into two categories:
(cid:145)bilateral events(cid:146), to which the restrictions
contained in the Evin law continue to apply, and (cid:145)multilateral events(cid:146), for which the advertising of
alcoholic beverages is permitted.

This position is discriminatory, since only major alcoholic beverage producers have the financial resources
needed to advertise at (cid:145)multilateral(cid:146) sporting events. For their part, small and medium-sized producers of
alcoholic beverages, such as producers of quality wines, are being deprived of the opportunity to advertise
their products at sporting events which would be within their means.

In the light of the reasoned opinion of the Commission of 2 July 1996 and the recent actions taken by
France, will
the European
Communities?

the Commission decide to refer this matter to the Court of

Justice of

If so, when will it initiate this procedure?

Answer given by Mr Bolkestein on behalf of the Commission

(10 April 2000)

The Commission is examining this issue carefully in view of the great concerns to which this case has
given rise in the Parliament.

The Commission shares these concerns and this explains why it decided to send a reasoned opinion on
this case in 1996. As noted publicly by the Commission at that time, it felt that the measures taken by the
French authorities to enforce the Loi Evin contravened Community rules which prohibit unjustified
restrictions on the freedom to provide services (Article 49 (ex Article 59) of the EC Treaty). The
Commission fully supports the objective of protecting public health, but in this instance it considered
that the measures taken to interpret and apply the relevant French legislation were not proportionate to
this objective.

Given the interest the Parliament has displayed in this case, the Member of the Commission responsible for
the Internal Market has decided to seek personally an effective resolution to the issue. He will therefore be
asking to meet with the relevant French ministers in Paris in the near future to discuss this infringement
procedure at the highest level. The Commissioner hopes that a satisfactory solution will be found with the
French authorities.