WRITTEN QUESTION E-0497/01 by Elly Plooij-van Gorsel (ELDR) to the Commission. Efficient management of the radio spectrum.
Date: 2001-02-22
Institutions: European Parliament, Provisional data
Subjects: Netherlands, application of EU law, award of contract, broadcasting, commercial media, communications policy, national law, pluralism in the media, regulation of telecommunications, trade licence, waveband

C 261 E/126

Official Journal of the European Communities

EN

18.9.2001

networks, according to the undertaking given by the Commission in its report on implementing Article
299(2), which concerns the ultra-peripheral regions and other issues relating to transport,

When does the Commission intend to draw up a proposal adopting specific measures in favour of these
regions as regards the implementation of the Common Transport Policy?

Answer given by Mrs de Palacio on behalf of the Commission

(20 April 2001)

As the Commission indicated in its report of 14 March 2000 on the application of paragraph 2 of
Article 299 (ex Article 227) of the EC Treaty, it is taking account of the problem of the outermost regions,
where such is not already the case, in its various common transport policy and trans-European network
initiatives.

Thus it is that the Commission has made an active effort to take greater account of the outermost regions
in amending Decision 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on
Community guidelines for the development of the trans-European transport network (1)
in respect of
maritime and inland ports and Project No 8 of Annex III. As the Commission indicated in its answer to
Written Question No 297/01 by the Honourable Member, Parliament and the Council are about to adopt
this amendment.

According to the joint text adopted by the Conciliation Committee on 28 February 2001, ports located in
the insular, remote and outermost regions and which allow maritime connections between these regions or
connect them with the Community(cid:146)s central regions may thus be considered to belong to the network. The
adoption of this amendment will thus provide a new opportunity for the insular and outermost regions of
the Union to boost their economic development.

Moreover, as the abovementioned report indicates, the review of the guidelines for the development of the
trans-European network will be a further opportunity for the Commission to implement the policy priority
it gives to projects for these regions when they reach a satisfactory stage of maturity. In its examination of
the economic and technological developments which are necessitating changes to the guidelines, the
Commission is thus taking account of the question of the outermost regions.

(1) OJ L 228, 9.9.1996.

(2001/C 261 E/135)

WRITTEN QUESTION E-0497/01

by Elly Plooij-van Gorsel (ELDR) to the Commission

(22 February 2001)

Subject: Efficient management of the radio spectrum

Article 82f of the Netherlands media law prohibits commercial radio broadcasters from participating at the
same time in more than one commercial frequency package. This ban recently attracted a great deal of
publicity, as in principle it means that two associated radio stations cannot both be eligible to be assigned
a frequency in the auction of terrestrial frequencies to be held in the Netherlands in the summer of 2001.
There was consequently a danger that the popular commercial broadcaster Classic FM, which has around
one and a half million listeners, would disappear from the Dutch airwaves, as it belongs to Sky Radio,
which is also to take part in the auction of terrestrial frequencies. As the imposition of such a ban was not
in accordance with the opinion of the Netherlands Competition Authority or of a majority in the Lower
House, which saw no objection to participation by the two stations, the government decided to allow both
Classic FM and Sky Radio to take part.

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Official Journal of the European Communities

C 261 E/127

Does the Commission take the view that Article 82f of the Netherlands media law is in accordance
1.
with European telecommunications legislation, and in particular with the provisions on the management
of radio spectrum policy in the directive on the authorisation of electronic communications networks and
services, and the forthcoming changes to this directive?

2.
Does the Commission agree that the goal of an auction is to ensure that scarce resources are
allocated efficiently, and does it agree that the ban preventing two associated radio stations from both
being eligible for FM terrestrial frequencies provides no guarantee that the scarce space will actually be
utilised efficiently?

Answer given by Mr Liikanen on behalf of the Commission

(11 April 2001)

1.
Directive 97/13/EC of the Parliament and of the Council of 10 April 1997 on a common framework
for general authorisations and individual licences in the field of telecommunications services (the Licensing
Directive) concerns the procedures for granting general authorisations and individual licences.

the Directive already indicates that

The title of
the radio broadcasting services referred to by the
Honourable Member are not included in the scope of the Directive, because they are not considered to
be telecommunications services. Article 1(1) of the Directive confirms this.

The future regulatory framework, as proposed by the Commission in July 2000, is intended to cover all
transmission networks for electronic communications including networks and services for the transmission
of radio or television broadcasts. However, the proposed framework does not cover the provision of
content services, including broadcast content. In any case, the Commission proposal is currently under
negotiation in the Parliament and the Council and an assessment of the provisions referred to by the
Honourable Member would have to wait until a final text for all relevant Directives has been adopted.

It is the Commission(cid:146)s understanding that the restriction of granting only one licence per radio
2.
broadcaster, as laid down in Article 82f of the Dutch Media Law, may serve a specific purpose, for instance
to ensure media pluralism.

However, the provision itself provides for a derogation under paragraph 3 in order to take into account
the efficient use of radio frequencies. The Dutch Media Law thus allows the Dutch authorities to act on the
basis of the criterion of an efficient use of radio frequencies and grant more than one frequency to a radio
broadcaster.

(2001/C 261 E/136)

WRITTEN QUESTION E-0498/01

by Markus Ferber (PPE-DE) to the Commission

(22 February 2001)

Subject: Transalpine transport: Brenner Base Tunnel and transalpine link between Lyon and Turin

What is the Commission(cid:146)s view of France(cid:146)s and Italy(cid:146)s plans to build a transalpine rail link between Lyon
and Turin? Is this going to be the only project for transalpine transport and will it jeopardise the future of
the Brenner Base Tunnel project, or will Italy honour its commitment and proceed with a second major
transalpine transport project and build a Brenner Base Tunnel?