WRITTEN QUESTION E-1279/02 by Toine Manders (ELDR) to the Commission. Satellite reception.
Date: 2002-05-06
Institutions: European Parliament, Provisional data
Subjects: EU Member State, broadcasting, cryptography, free movement of programmes, freedom to provide services, intellectual property, satellite, television

C 277 E/178

Official Journal of the European Communities

EN

14.11.2002

Natura 2000 should allow sustainable use of natural resources to go hand in hand with the conservation
of nature. Any presumption of a complete ban on tourism in designated areas cannot be justified on the
basis of Community Directives. Compatibility of conservation objectives with other activities, which may
affect Natura 2000 areas, should be assessed on a case by case basis.

Member States have the right
framework conditions and
conservation measures than what is requested by Community Directives, as may be the case when
incorporating existing nature reserves in Natura 2000.

to impose more stringent environmental

it would be
The Commission does not believe, with respect
appropriate to call for the evaluation suggested by the Honourable Member, since it has no competence to
limit the power of Member States to decide about management measures for Natura 2000.

for the principle of subsidiarity,

that

(1) OJ L 103, 25.4.1979.
(2) OJ L 206, 22.7.1992.

(2002/C 277 E/201)

WRITTEN QUESTION E-1279/02

by Toine Manders (ELDR) to the Commission

(6 May 2002)

Subject: Satellite reception

I have been hearing from people who are affected that it is not possible for EU nationals residing in
a Member State other than that where they were born to obtain equipment to decode encrypted satellite
TV broadcasts from a third Member State. In this way countries are prevented from receiving satellite TV
programmes from abroad, while no arrangements exist for securing access to them in return for payment.

For example, a German living in Belgium cannot receive Dutch commercial satellite TV programmes
because the requisite equipment is unobtainable in Belgium and its sale to foreigners is not permitted in
the Netherlands.

This approach to the distribution of TV programmes by satellite contravenes the principle of
free
movement of goods and services in the EU. Moreover, commercial TV broadcasters seem to be seeking to
strictly delimit markets by means of it.

1.

2.

Is the Commission aware of the above distortion of internal market principles?

Is this violation of the principle of free movement of goods and services justified?

3. Will the Commission take measures to tackle this situation?

Answer given by Mr Bolkestein on behalf of the Commission

(17 June 2002)

The Commission has been informed on a number of occasions of the difficulties encountered by some
citizens who wish to receive satellite TV programmes broadcast from a Member State other than that in
which they are resident.

It appears from the information at the Commission’s disposal that even if the viewer is prepared to make
the necessary payment, he/she very often receives a negative response from the broadcasting body, as the
latter does not hold either the copyrights or related rights for distribution in Member States other than that
in which it is established. The non-transfer of such rights may be due to a lack of economic interest on the
part of a broadcasting body in disseminating its programmes beyond its national market or may be
explained by an unwillingness on the part of the right-holders to transfer intellectual property rights.

14.11.2002

EN

Official Journal of the European Communities

C 277 E/179

The Commission is concerned about this situation, especially since it contradicts the principle of free
movement within the internal market which each European citizen should enjoy, and it has a negative
impact in terms of cultural, linguistic and social interaction; it also calls into question the objectives of the
‘Television without frontiers’ Directive (1) which establishes the legal reference framework for the free
provision of television services in the Union in order to promote the development of a European market in
television and related services.

The Commission is therefore looking into this matter in its report on the implementation of Directive 93/
83/EEC (2), which it intends to adopt shortly.

The Commission will then commence work as soon as possible on determining the extent to which the
basic principle of the freedom of movement can be reconciled with respect for intellectual property rights.

(1) Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law,
Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities,
OJ L 298, 17.10.1989, amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June
1997, OJ L 202, 30.7.1997.

(2) Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and
rights related to copyright applicable to satellite broadcasting and cable retransmission, OJ L 248, 6.10.1993.

(2002/C 277 E/202)

WRITTEN QUESTION E-1286/02

by Graham Watson (ELDR) to the Commission

(7 May 2002)

Subject: French driving licence

Would the Commission clarify whether the French driving licence prevents the licence holder from driving
a car in the UK after the age of 70?

Answer given by Mrs de Palacio on behalf of the Commission

(4 June 2002)

Article 1, paragraph 2 of Council Directive 91/439/EEC of 29 July 1991 on driving licences (1) provides for
mutual recognition of driving licences issued by Member States. However, in accordance with Article 1,
paragraph 3 of the said Directive, Member States remain competent to apply to licence holders of other
Member States their national rules on the period of validity of licences and on medical examinations.

For the latter reason, the periods of validity differ throughout the Member States, entitling for instance
holders of British licences to drive up to the age of 70 without any renewal, whereas French holders of car
and motorcycle licences are entitled to use these licence categories for life.

In case a French driving licence holder intends to drive a car in the United Kingdom at the age of 70 or
beyond, a distinction has to be made as to whether this licence holder establishes his normal residence in
the United Kingdom or not.

In case a holder of a French driving licence does not establish his residence in the United Kingdom and
drives there as a tourist only, the United Nations (UN) Convention on Road Traffic of 8 November 1968
applies. The holder of a valid French licence is entitled to drive on the United Kingdom territory, also if he
is more than 70 years of age, without being obliged to fulfil the additional requirements (consisting in a
self-declaration on the health and a renewal of the driving licence every three years E for car licences).