WRITTEN QUESTION E-3122/03 by Nelly Maes (Verts/ALE) to the Commission. Reduction of VAT on CDs and cassettes.
Date: 2003-10-22
Institutions: European Parliament, Provisional data
Subjects: VAT, broadcasting, cultural pluralism, cultural policy, cultural promotion, record, restriction on competition, tax relief

3.4.2004

EN

Official Journal of the European Union

C 84 E/221

With regard to revision of Article 51 of the draft Constitution, the Council would advise the Honourable
Member to address his question directly to the relevant bodies.

(2004/C 84 E/0265)

WRITTEN QUESTION E-3122/03

by Nelly Maes (Verts/ALE) to the Commission

(22 October 2003)

Subject: Reduction of VAT on CDs and cassettes

At the recent Ecofin Council in Luxembourg 7 October 2003, Commissioner Bolkestein announced that
the Commission was against any reduction in VAT on audio recording media and CDs as this might create
distortions of competition.

instrument

Against the background of the current discussions in Unesco concerning the creation of an international
legal
the European Commission examine whether a
reduction in VAT is feasible and desirable for CDs by new artists and/or artists singing in local or regional
languages and/or home-grown musicians (irrespective of whether or not they sing in their own language)
and/or for certain genres of music?

to safeguard cultural diversity, will

Is the European Commission prepared to authorise some reduced VAT rates for CDs with the specific aim
of safeguarding cultural diversity?

If so, what steps will the Commission take to bring this about in the near future?

If not, what measures does the Commission consider have higher priority in safeguarding cultural
diversity?

Answer given by Mr Bolkestein on behalf the Commission

(21 November 2003)

The Commission adopted a proposal for a Directive on reduced VAT rates (1) on 23 July 2003. This
proposal does not introduce reduced rates for CDs and other audiovisual media. Its objective is to improve
the Internal Market through further simplification and more uniform application of VAT.

The standard rate of VAT (which ranges from 15 % to 25 %) currently applies to CDs and cassettes in the
15 Member States. After very careful consideration the Commission concluded that,
in view of the
divergences between Member States, the optional application of reduced rates for CDs and cassettes would
inevitably have an adverse impact on the European Internal Market
in a sector where the risk of
distorsions of competition which would thereby be created is far from insignificant.

VAT rates have to be set in an objective way and different rates cannot be applied according to type of
music, artist, language, etc. Such practices would be discriminatory and could call into question one of the
basic features of VAT, its neutrality and objectivity. Consequently, VAT is not an appropriate instrument to
promote certain genres of music and the Commission does not intend to propose that reduced VAT rates
be authorised for CDs or cassettes.

instrument to promote cultural diversity in Unesco, the
As regards the creation of an international
Commission welcomes the unanimous decision taken by the Unesco General Conference on 17 October
2003 to begin work on a convention.

The Commission indicated its approval of the creation of such a legal
Communication of 27 August 2003 (Towards an international instrument on cultural diversity) (2).

instrument by Unesco in its

C 84 E/222

Official Journal of the European Union

EN

3.4.2004

In addition, the Directive on television without frontiers (Council Directive of 3 October 1989 89/552/
EEC (3) as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June
1997 (4)) contains several provisions which promote cultural diversity. In particular, it requires that, where
practicable, broadcasters reserve a majority of their transmission time for European works, and at least
10 % of their transmission time, or 10 % of their programming budget, for European works created by
producers independent from broadcasters.

(1) COM(2003) 397 final.
(2) COM(2003) 520 final.
(3) OJ L 298, 17.10.1989.
(4) OJ L 202, 30.7.1997.

(2004/C 84 E/0266)

WRITTEN QUESTION E-3123/03

by Olivier Dupuis (NI) to the Council

(22 October 2003)

Subject: Deportation of Chechens

A Chechen mother and her two children, aged six and seven, who arrived at Roissy airport on 2 October,
were deported to Moscow on 12 October. According to the newspaper ‘Libération’, the woman, whose
husband had been kidnapped by masked men, had chosen to flee Grozny after receiving threats whilst she
was looking for her husband. The French authorities deemed that the asylum claim was unwarranted, as the
woman had been unable to identify the men who had abducted her husband. In Brussels, the Belgian
authorities refused a request for asylum from Mr Said-Magomed Khachukaev, deputy editor of The
Chechen Times, and on Monday 13 deported him either to Germany or to Moscow, depending on the
source.

Is the Council aware of these deportations of Chechen citizens and those of Mr Khachukaev and the
mother and two children mentioned in Libération in particular? Does the Council have even a vague idea
of the dangers facing Chechens expelled to Russia? Does the Council intend to adopt a common position
according to which the Member States would agree not to deport Chechen refugees until the Russian
authorities were able to guarantee a minimum amount of respect for basic rights in Chechnya? What
initiatives does the Council plan to take to acquire the necessary means to collect ‘detailed information
about the cases of civilian abductions’ (see the Council’s answer to question E-0748/03 (1))? Does the
Council not think that the embassies of the 15 Member States and the 10 applicant countries, the
Commission Delegation in Moscow and organisations such as Amnesty International, Memorial, Human
Rights Watch and Médecins du Monde could provide it with in-depth information about the abduction of
civilians and, more generally, the very serious human rights violations committed in Chechnya?

(1) OJ C 51 E, 26.2.2004, p. 48.

Reply

(9 March 2004)

The Council informs the Honourable Parliamentarian that it is not competent to intervene in individual
asylum applications in the Member States.

Regarding the adoption of a common position as referred to in the question, the Council informs the
Honourable Parliamentarian that it is not, at that stage, for seen by the Council.

Finally, the Council invites the Honourable Parliamentarian to address directly his last question regarding
the in-depths information about the abduction of civilians to the relevant authorities.