WRITTEN QUESTION E-1408/01 by Benedetto Della Vedova (TDI) to the Commission. New legal provisions concerning publishing and publishing services adopted by the Italian Parliament.
Date: 2001-05-11
Institutions: European Parliament, Provisional data
Subjects: Internet, Italy, State aid, electronic publishing, freedom of communication, freedom of expression, freedom to provide services, national law, publishing, single market

11.12.2001

EN

Official Journal of the European Communities

C 350 E/145

(2001/C 350 E/157)

WRITTEN QUESTION E-1408/01

by Benedetto Della Vedova (TDI) to the Commission

(11 May 2001)

Subject: New legal provisions concerning publishing and publishing services adopted by the Italian

Parliament

The Italian Parliament has recently adopted new legal provisions regarding publishing and publishing
services together with amendments to Law No 416 of 5 August 1981 (Law No 62 of 7 March 2001,
published in Official Gazette No 67 of 21 March 2001).

The first paragraph of Article 1 of the new law gives a very wide definition of (cid:145)publishing services(cid:146)
establishing full equivalence between electronic and traditional publishing. The third paragraph establishes
that all publishing services are, depending on their nature, subject to provisions of either Article 2 or
Article 5 of Law No 47 of 1948 regarding printed matter and, consequently, Law No 69 of 3 February
1963. These new provisions extend the serious restrictions on freedom of expression and dissemination of
ideas (compulsory registration with court authorities and supervision by a registered member of the
Association of
to a large number of web publications which have to date provided
a comprehensive and free source of information for Internet users.

Journalists)

One of the objectives of the new provisions, under Article 3 of law 62/2001 is moreover, to extend to
(cid:145)electronic press organs(cid:146) meeting the same conditions as those applicable to traditional publications the
possibility of receiving State aids.

In addition to making information sources more accessible and pluralist, the development of electronic
publishing removes the link (cid:129) which still exists with regard to traditional publishing (cid:129) between the place
of publication/dissemination of information and the place in which it is received by users, thereby
establishing the necessary bases to overcome national barriers and create a genuinely integrated European
market in publishing services. In view of this, does the Commission not consider that by imposing the
serious restrictions contained in Italian Laws No 47 of 8 February 1948 and No 69 of 3 February 1963 to
Internet publishing activities, the new measures referred to above undermine the provisions establishing
the Community internal market, in particular those prohibiting restrictions on freedom to provide services?

Does the Commission not consider also that, by granting State aids to publishers able to meet the
requirements laid down in Laws No 47/1948 and No 69/1963 and imposing such binding restrictions
(which do not exist elsewhere under European legislation) on Italian on-line publishers, the new rules
constitute a severe distortion of competition affecting a substantial section of the Community publishing
market?

Answer given by Mr Bolkestein on behalf of the Commission

(23 July 2001)

Although there is no specific harmonisation of electronic publishing at Commuity level, it represents an
in that it is provided remotely and electronically and at the request of
(cid:145)information society service(cid:146)
a recipient of services. It is thus as a rule covered by the directive on electronic commerce (1), which is
based on the principle of the country of establishment of on-line operators.

In view of the major implications in cross-border terms, this particular field is carefully monitored by the
Commission. In particular, the Commission will continue to heed the parties involved and especially
operators who, because they are established in Italy, are subject to the new Italian rules, in order to ensure
that there is full respect for freedom of movement within the internal market and especially the free
movement of on-line services, to which the Honourable Member refers.

In accordance with the case law of the Court of Justice (2), restrictions on the exercice of economic
activities with regard to the freedom of establishment (Article 43 (ex Article 52) of the EC Treaty) and the
free movement of services (Article 49 (ex Article 59)) (cid:129) which are basic freedoms that must be directly
applied in the national legislation of the Member States (cid:129) must satisfy four conditions if they are to
comply with the requirements of the EC Treaty.

C 350 E/146

Official Journal of the European Communities

EN

11.12.2001

I.e.:

(cid:129) they must be applied in a non-discriminatory manner;

(cid:129) they must be justified by imperative requirements in the general interest;

(cid:129) they must be suitable for securing the attainment of the objective which they pursue;

(cid:129) they must not go beyond what is necessary in order to attain it.

The interpretation and practical application of the new legislation by the Italian authorities will make it
possible to obtain a reasonable picture of its actual scope as far as the requirements of need and
proportionality laid down by the EC Treaty are concerned.

It will also be possible to make an analysis in connection with the new Internal Market Strategy for
Services, recently launched by the Commission (3).

As for the State aids which the Honourable Member mentions, the Commission has no knowledge of any
new aid facility for certain publishers.

(1) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000).

(2) See judgement of 9.3.1999 in case C-212/97.
(3) COM(2000) 888 final.

(2001/C 350 E/158)

WRITTEN QUESTION P-1411/01

by Cecilia Malmstr(cid:246)m (ELDR) to the Commission

Subject: State for European political youth organisations

(3 May 2001)

The Commission has recently tabled a proposal for a Council Regulation on statutes for and financing of
European political parties, COM(2000) 898, based on article 191 of the Treaty. The proposal, which deals
with the concrete way in which party administration and activities are to be financed, also calls for
a Statute on European political parties.

Article 191 TEU refers to political parties at European level as an important factor for integration within
the Union, as well as contributing to forming a European awareness and to expressing the political will of
the citizens of the Union.

In its proposal, the Commission refers to the lack of legal base for the current funding of parties, and also
mentions the important role that will be played by European parties with a view to the upcoming
enlargement and the next European elections. It should not be forgotten that political youth organisations
are often even further ahead than their mother parties in creating contacts with young people involved in
political life in the candidate countries. A lot of important work, in particular related to forming new ideas
on European integration and the future of the European project, is done by political youth organisations at
European level. The major party federations connected to the political groups in the European Parliament
have had youth movements for many years already, of which ECOSY (PSE), YEPP (PPE) and LYMEC (ELDR)
may be the most well-known.

The European political youth organisations are currently entitled to apply for funding from budget line A-
3029 in the general budget of the European Commission. The same budget line applies to all other, non-
political, youth organisations that are members of the European Youth Forum. As do the European
political parties, several political youth organisations also receive funds directly out of the budgets of the
parliamentary groups, and thus from the European Parliament. Considering the criticism expressed by the
Court of Auditors in relation to the political parties,
legal base for
parliamentary groups to provide youth organisations with funds for overheads and projects.

there may also be a lack of