WRITTEN QUESTION E-0941/03 by Salvador Garriga Polledo (PPE-DE) to the Commission. Community regulations on the use of televisions in hotel rooms.
Date: 2003-03-26
Institutions: European Parliament, Provisional data
Subjects: EU law, copyright, hotel industry, intellectual property, law relating to information, television

9.10.2003

EN

Official Journal of the European Union

C 242 E/213

and participation in it for as many persons as possible is one of the priorities of Agenda 2000, it is
important that this unique collection should be protected and not be dispersed.

Could the Commission indicate:

1. what actions or programmes are currently available for financing initiatives and events of this type;

2. whether similar projects have already been submitted by other Member States?

Answer given by Ms Reding on behalf of the Commission

(25 April 2003)

The Commission may support initiatives in the area of culture, but only within the framework and
1.
according to the selection criteria of the ‘Culture 2000’ programme, which is the Union’s sole instrument
for financing and planning cultural cooperation.

This programme is designed to support projects that are jointly run and financed by at least three
operators from at least three countries taking part in the programme.

The Honourable Member may find further information at the following site: http://europa.eu.int/comm/
culture/c2000.

The Commission is not aware of the submission of any projects of this type by other Member States.

(2003/C 242 E/246)

WRITTEN QUESTION E-0941/03

by Salvador Garriga Polledo (PPE-DE) to the Commission

(26 March 2003)

Subject: Community regulations on the use of televisions in hotel rooms

Televisions in hotel rooms have become a sword of Damocles hanging over the heads of hoteliers in
various European countries.

Uncertainty reigns with regard to their dispute with copyright bodies, which are demanding fees for
television sets in hotel rooms. Hoteliers are therefore calling for a regulation of a general nature for the
whole EU to clarify this issue, since the current provisions contain grey areas, meaning that the courts
have been handing down contradictory rulings.

Does the Commission believe that it should take the initiative here and put forward Community legislation
eliminating the grey areas and regulating the issue, in order to help give the courts a concrete idea of the
legislation to be applied without distinction between Member States?

Answer given by Mr Bolkestein on behalf of the Commission

(15 May 2003)

The honourable Member has raised the question of the payment of fees to the holders of intellectual
property rights for the use by hoteliers of their works and other copyrighted items when they are
broadcast to television sets in hotel rooms.

With specific regard to the communication to the public of protected works and other items, the
Commission would point out to the honourable Member that there is already Community legislation on
the matter, which is in fact based on international legal rules (1).

Article 3(1) of Directive 2001/29/EC (2) harmonises, for the benefit of authors,
‘the exclusive right to
authorise or prohibit any communication to the public of their works, by wire or wireless means’.
Furthermore, Article 8(2) of Directive 92/100/EEC (3) states that an equitable remuneration must be paid by

C 242 E/214

Official Journal of the European Union

EN

9.10.2003

the user ‘if a phonogram published for commercial purposes … is used for … any communication to the
public’. The word ‘user’ also includes those who communicate to the public a broadcast programme in a
place open to the public. In practical terms, this means that they must pay an equitable remuneration if
they use phonograms to communicate a television or radio programme or if they themselves communicate
a phonogram directly to an audience.
if he provides such a
programme at his place of business, must pay the equitable remuneration to the performers and producers
of phonograms and must also apply to the authors for a performing licence (or pay an equitable
remuneration in cases where this is required by national law). This does not affect any intellectual property
rights for which a fee has already been paid by the radio or television body.

It is for this reason that a merchant,

Community legislation thus already covers the bulk of the topics mentioned in the honourable Member’s
question. The Commission does not at the moment have sufficient grounds to suggest that additional
legislation on the matter is needed to ensure the proper operation of internal market.

(1) Article 11bis of the Berne Convention for the Protection of Literary and Artistic Works (1971) and Article 12 of the
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
(1961).

(2) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10). This
Directive had to be transposed by 22 December 2002.

(3) Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related

to copyright in the field of intellectual property (OJ L 346, 27.11.1992, p. 61).

(2003/C 242 E/247)

WRITTEN QUESTION E-0948/03

by Roberta Angelilli (UEN) to the Commission

(26 March 2003)

Subject: Utilisation by the municipality of Ancona of funding under EQUAL, the ESF and the Fourth action

programme on equal opportunities for women and men

In September 2002, the monitoring committee of the Italian ministry of the economy presented its
statement on the expenditure of funding made available by the European Union.

Its research showed that some local authorities were worryingly slow and inefficient in awarding projects.

The European Commission has also emphasised concern on various occasions at the under-utilisation of
European funding by local authorities.

Considering that, in particular, some local municipalities such as Ancona are in great need of European
funding for vocational training and employment, equal opportunities and social integration,

Can the Commission indicate:

1. whether the municipality of Ancona has submitted any projects under EQUAL, the ESF or the Fourth

action programme on equal opportunities for women and men;

2. whether the municipality of Ancona has received funding for those projects;

3. whether that funding has been utilised?