WRITTEN QUESTION E-3984/00 by Roberta Angelilli (UEN) to the Commission. Freedom of expression for the media.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: Albania, Community body, EC opinion, European Commission, European Union Agency for Fundamental Rights, Greece, Italy, ethics, freedom of the press, illegal migration, racism

C 174 E/206

Official Journal of the European Communities

EN

19.6.2001

2.

Is the existence of a monopoly in the sporting sector, with its own legal order, its own health rules
(viz. the use of inappropriate drugs), and its own professional regulations, which rule out any
possibility of a non-member practising, still compatible with Community legislation?

3. How can the Commission justify the discrimination which is,

in fact, practised between non-EU
citizens who have obtained professional qualifications abroad, and Italian citizens who have obtained
their qualifications by working in Italy or other EU countries?

4. What initiatives does it intend to take to ensure that the internal market becomes a genuine reality in

the sporting sector?

(1) OJ L 19, 24.1.1989, p. 16.
(2) OJ L 209, 24.7.1992, p. 25.

Answer given by Mr Bolkestein on behalf of the Commission

(27 February 2001)

In accordance with Article 149 (ex Article 126) of the EC Treaty, the Member States are responsible for
the content of teaching and the organisation of their education systems. The Commission therefore has no
authority to comment on the matter and to challenge decisions that are the sole prerogative of the Italian
authorities.

The fact that an undertaking is in a dominant position in the market is not in itself an infringement of
Community law. What is prohibited by Community law is abusive behaviour by undertakings in a
dominant position. The Commission requests the honourable Member to provide the necessary informa-
tion so that it can check whether CONI may be considered an undertaking, whether it is in a dominant
position and whether in fact it abuses this position.

Applications for the recognition of qualifications by nationals of non-member countries or by Italians who
gained their qualifications in Italy do not come under the Community(cid:146)s repsonsibility. The Italian
authorities have the sole right to deal with such applications.

On the other hand, Community law does apply when an Italian citizen obtains qualifications in another
Member State and applies for recognition in Italy. However, no complaint has yet been filed with the
Commission in such an instance. It nevertheless recently came to the Commission(cid:146)s notice that Italy had
not transposed Council Directive 92/51/EEC of 18 June 1992 on a second general system for the
recognition of professional education and training to supplement Directive 89/48/EEC in connection with
the professions covered by Italian Law No 91 of 23 March 1981 on the rules governing relations between
professional sportsmen and clubs. The Commission has launched infringement proceedings against Italy.

In general, it is not the feeling of the Commission that the internal market operates poorly in the sporting
sector, and it therefore has no plans for any initiatives in this area.

(2001/C 174 E/219)

WRITTEN QUESTION E-3984/00

by Roberta Angelilli (UEN) to the Commission

(21 December 2000)

Subject: Freedom of expression for the media

In paragraph 1.2.6 ((cid:145)Mass Media and Xenophobia(cid:146)) of the summary of the 1999 annual report published by
the European Monitoring Centre on Racism and Xenophobia it is stated that (and I quote verbatim): (cid:145)In
1999 the reporting by media in Greece and in Italy may have contributed to the criminalising discourse on
immigration related to a recent wave of migration from Albania(cid:146).

(cid:129) This is a somewhat harsh statement which does not reflect the true state of affairs. The Commission
should bear in mind that, when a document to be issued by such a body is being drawn up, an
objective approach should be adopted.

19.6.2001

EN

Official Journal of the European Communities

C 174 E/207

(cid:129) In July of this year I tabled a question on illegal

immigration from Albania (P-2787/00) which
highlighted the major problem of trafficking in human beings along the coasts of Italy and the
activities of unscrupulous traffickers which lead to the deaths either of the immigrants themselves or
of police officers and customs officials. As on other occasions the media merely reported the facts of
the incident in question.

In view of the above considerations, would the Commission answer the following questions:

1.

Is it possible for an annual report issued by an EU monitoring centre to include such statements?

2. What is the Commission(cid:146)s general view of the matter?

Reply given by Ms Diamantopoulou on behalf of the Commission

(21 February 2001)

The European Monitoring Centre on Racism and Xenophobia is an independent body set up by Council
Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and
Xenophobia (1), which enjoys maximum autonomy in carrying out its tasks. Its Management Board is made
up of independent individuals appointed by each Member State, Parliament and the Council of Europe, and
of a representative of the Commission, making up a total of 18 members. The tasks of the Monitoring
Centre include publishing an annual report on the situation regarding racism and xenophobia in the
Community and on its own activities.

According to the information available to the Commission, the sources for the statement concerning the
media to which the Honourable Member refers are reports and studies mentioned in the text of the report
itself (section 1.1 (cid:145)Racial violence and threats, victims and perpetrators(cid:146)), such as the second report on
Greece (December 1999) of the European Commission against Racism and Intolerance of the Council of
Europe (ECRI) and the Ethnobarometer report (May 1999) for Italy.

As it stated in its Communication on a Community immigration policy (2), the Commission realises the
responsibility of the media for educating the general public.

(1) OJ L 151, 10.6.1997.
(2) COM(2000) 757 final.

(2001/C 174 E/220)

WRITTEN QUESTION E-3985/00

by Roberta Angelilli (UEN) to the Commission

(21 December 2000)

Subject: Recognition of university degrees

On 6 April 1998 Mr Alessandro Vinci submitted, via the Italian Foreign Affairs Ministry and the Spanish
Embassy in Rome, an application for the university degree which he had obtained in Italy to be recognised
in Spain.

At the 12 June 1998 meeting of Spain(cid:146)s University Council Academic Committee the application was
submitted for consideration, prior to the publication of a report on the matter. The application was dealt
with at the meeting of 16 April 1999 and pursuant to the decision (Case No 1998C01709) which was
announced on 31 May and 27 August 1999, the degree will be recognised, provided that the applicant
passes examinations in six subjects.

Mr Vinci was astonished (as were the teaching staff at the Spanish university (cid:129) San Crist(cid:243)bal de la Laguna
in Tenerife (cid:129) which he had selected) at the large number of exams which he was required to pass. By
carefully sifting through existing legislation he came across an agreement between Italy and Spain (the
Spain-Italy Cultural Agreement signed on 11 August 1955) and, in particular, a communiquØ of 16 April