WRITTEN QUESTION P-1323/00 by Alexandre Varaut (UEN) to the Commission. Restrictions on televising in France of sporting events staged abroad.
Date: 2000-04-17
Institutions: European Parliament, Provisional data
Subjects: France, advertising, alcoholic beverage, application of EU law, free movement of programmes, health control, sporting event, television

C 374 E/216

Official Journal of the European Communities

EN

28.12.2000

Does he share Mr de Boissieu(cid:146)s view that the European Council is not able to play an effective role in
coordinating the general affairs of the Council?

Answer given by Mr Prodi on behalf of the Commission

(23 May 2000)

It is Commission policy not to comment on the internal affairs of the other Community institutions.

(2000/C 374 E/256)

WRITTEN QUESTION P-1323/00

by Alexandre Varaut (UEN) to the Commission

(17 April 2000)

Subject: Restrictions on televising in France of sporting events staged abroad

What is the Commission(cid:146)s position regarding the complaints lodged in 1995 in particular by producers
and dealers in French wines labelled appellation d(cid:146)origine contr(cid:244)lØe, over restrictions on the televising in
France of sporting events staged abroad, because of hoardings around the grounds advertising alcoholic
beverages. This position of the French authorities is based on a restrictive interpretation of the (French) (cid:145)loi
Evin(cid:146) which bans all TV advertising and on a (cid:145)code of good conduct(cid:146) (drawn up in March 1995) which
formalised that interpretation.

1.
Can the Commission contemplate closing the case, even though it has identified, in its reasoned
opinion of July 1996, clear restrictions on freedom to provide services and even though France has shown
no intention of modifying its position?

2.
Can the continuation of discussions with the French authorities lead to a satisfactory solution when,
contrary to the undertaking it gave in December 1998, it failed to consult the complainants and given
that, since 1996, discussions have taken place time and again without any solution appearing?

3.
Can the French authorities be said to respect the proportionality principle, when their approach
(formalised in the (cid:145)code of good conduct(cid:146)) has the effect of allowing the televising of sporting events which
count among those drawing the largest audiences, such as the World Cup or World Championships, of
preventing medium-sized producers (wine producers) from advertising events which would be accessible to
them and, in fact, of penalising drinks (wines) which are hardly consumed by young people at all?

4.
In no way is the (cid:145)code of good conduct(cid:146) binding on the authorities responsible in France for
prosecuting the author of an infringement of the Evin law and, hence, of a criminal offence. How does the
Commission intend, within the framework of discussions with France, to guarantee legal certainty under
the conditions defined by the Court of Justice?

Answer given by Mr Bolkestein on behalf of the Commission

(19 May 2000)

The Commission is continuing its high-level contacts with the French authorities with the aim of finding a
satisfactory solution, by mutual agreement, to the restrictions on the freedom to provide services which led
to a reasoned opinion being issued in 1996. As part of these discussions, the Commissioner responsible
for the internal market will soon be meeting the French ministers concerned. The outcome of the
discussions will determine the future course of the current procedure.

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Official Journal of the European Communities

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The Commission is convinced that solutions can still be found which will be satisfactory to everyone. In
the coming discussions, it will emphasise the importance for the French authorities of consulting the
interested parties, including the complainants.

The discussions are specifically aimed at finding proportionate responses which are consistent with
Community law and the public health objectives of the regulations in question. The Commission is
aware of the consequences of these regulations, particularly for medium-sized producers such as wine
producers. The effects of the legislation will be at the heart of the discussions.

A code of conduct is likely to offer quick and satisfactory solutions to the problems, providing that certain
conditions are met in terms of consulting the interested parties and in terms of content, transparency and
dissemination.
In order to maximise legal certainty, the Commission considers in particular that all
interested parties (advertisers, broadcasters) should be able to obtain quick, clear and precise information
from the French authorities regarding the status of any given sports event in relation to the distinctions
made by the code.

(2000/C 374 E/257)

WRITTEN QUESTION E-1339/00

by Glyn Ford (PSE) to the Commission

(4 May 2000)

Subject: Employee consultation legislation

Does the Commission feel that the announcement made by Commercial Hydraulics Ultra Division on
6 March that their factory in Cheltenham (UK) would close with the loss of 252 jobs and that they would
commence consultation after the announcement had been made, fits with the spirit of the law on
employee consultation legislation?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 June 2000)

The Commission would refer the Honourable Member to its answer to his Written Question E-0883/00 (1).

(1) See page 178.

(2000/C 374 E/258)

WRITTEN QUESTION P-1372/00

by Marianne Thyssen (PPE-DE) to the Commission

Subject: Proposal for a directive on food supplements

(26 April 2000)

At present there is no harmonised legislation on food supplements in the European Union. This has
serious and persistent effects on the free movement of such goods in the European Union.

In its White Paper on food safety, the Commission announced that it would submit a proposal for a
directive on food supplements to the Council and Parliament in about March 2000. A harmonisation
measure of this kind could solve the above problem.

How is the drafting of the proposal for a directive going, and when will the Commission submit it to the
Council and Parliament?