WRITTEN QUESTION P-1994/03 by Pietro-Paolo Mennea (PPE-DE) to the Commission. Television rights.
Date: 2003-06-10
Institutions: European Parliament, Provisional data
Subjects: audiovisual programme, competition law, intellectual property, sporting event, sports body

13.3.2004

EN

Official Journal of the European Union

C 65 E/107

(2004/C 65 E/118)

WRITTEN QUESTION E-1964/03

by Proinsias De Rossa (PSE) to the Commission

(13 June 2003)

Subject: Proceedings under Article 226 of the EC Treaty for failure to comply with Article 292 of the EC

Treaty

Could the Commission list all the legal proceedings that it has initiated against Member States over the
past five years under Article 226 of the EC Treaty for failure to comply with Article 292 of the EC Treaty
which provides that Member States shall not submit a dispute concerning the interpretation or application
of the EC Treaty to any method of settlement other than those provided for therein?

Answer given by Mr Prodi on behalf of the Commission

(16 July 2003)

In the last five years, the Commission has opened two infringement proceedings for failure to comply with
Article 292 of the EC Treaty. The infringement proceedings were launched against Ireland. For further
information on this subject, the Commission refers to its reply to oral question H-0256/03 made by the
Honourable Member during question time at Parliament’s May 2003 session (1).

(1) Written reply, 13.5.2003.

(2004/C 65 E/119)

WRITTEN QUESTION P-1994/03

by Pietro-Paolo Mennea (PPE-DE) to the Commission

(10 June 2003)

Subject: Television rights

There are sports organisations in the Member States which are legal entities different
federations, to which they are affiliated, and concern themselves with organising televised sports events.

from sports

In paragraph 27of the report on sport adopted on 7 September 2000 (A5-0208/2000) the European
Parliament ‘calls for television rights to be granted in compliance with the antitrust law and to companies
which take responsibility for the risks involved in preparing the sporting event; calls also for transparency
in the granting of television rights’.

The selling of television rights for sports events is an economic activity and should therefore be subject to
Community law on competition.

On a number of occasions the European Union has stressed that television rights should belong to legal
entities who take responsibility for the business risk, with all that entails, including the risk of failure.

In view of all this, can the Commission say how it intends to ensure and ascertain that the sale and
granting of television rights for the broadcasting of sports events, especially light athletics events, comply
with legislation on competition, and also ascertain that television rights are owned by sports associations
which have taken on the task of organising the event, rather than sports federations which have not done
so, and that the rights are granted in accordance with criteria of transparency?

C 65 E/108

Official Journal of the European Union

EN

13.3.2004

Answer given by Mr Monti on behalf of the Commission

(10 July 2003)

The Commission agrees with the Honourable Member that the selling of television rights of sports events
is an economic activity, which is subject to Community competition law.

The sale of TV rights of light athletic events is therefore also in principle a matter, which could fall within
the scope of Community competition law. However, regarding the issue raised, namely the problem
concerning the ownership of TV rights by the sports associations which have taken the risk of organising
the event, it must be noted that, according to Article 295 of the EC Treaty, Community law does not
prejudice in any way the system of property ownership.

Furthermore, as regards the exercise of the TV rights of light athletics events and compliance with
Community competition rules, the Commission has at present no ongoing procedures, either upon
complaint or own initiative investigations, concerning specifically this sports discipline.

(2004/C 65 E/120)

WRITTEN QUESTION E-1999/03

by Stavros Xarchakos (PPE-DE) to the Commission

Subject: Leakage of Chlophen (PCB) in central Athens

(16 June 2003)

According to articles in the Greek press, a report by the University of Crete claims that there has been a
leakage of Chlophen (PCB), a material used as insulation in transformers, condensers etc., from the Greek
Public Power Corporation’s (DEH) substation in the basement of the Ministry of Finance (in central
Athens). This material
is known to be extremely hazardous and carcinogenic; authoritative scientific
journals consider it responsible for neurological disorders in embryos, disruption of the endocrine system,
etc.

This is not the first time that there has been talk of a leakage of Chlophen from a DEH substation in
Greece, while in the specific case of the building housing the Greek Ministry of Finance, the concentration
of Chlophen was 9000(!) times greater than that in the air in Athens.

Is Chlophen used in other Member States of the Union? What information has the Commission received
from the Greek authorities concerning the above incident recorded by the University of Crete in central
Athens? Does the Commission have any information concerning similar incidents in Greece over the last
ten years?

Answer given by Mrs Wallström on behalf of the Commission

(17 July 2003)

The Commission assumes that the question is generally addressing PCBs, because Clophen is a trade name
for PCBs in commercial formulation. Use restrictions on PCBs are laid down in Council Directive 85/467/
EEC of 1 October 1985 amending for
the sixth time (PCBs/CTs) Directive 76/769/EEC on the
the Member States relating to
approximation of
restrictions on the marketing and use of certain dangerous substances and preparations (1). According to
Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and
polychlorinated terphenyls (PCB/PCT) (2) for equipment with PCB volumes of more than 5 cubic decimeter
(dm3) decontamination and/or disposal shall be effected at the latest by the end of 2010. Therefore, at the
time being some equipment containing PCBs is still in use in Member States.

laws, regulations and administrative provisions of