WRITTEN QUESTION E-0140/04 by Ilda Figueiredo (GUE/NGL) to the Commission. Media access in the Azores and Madeira outlying regions.
Date: 2004-01-26
Institutions: European Parliament, Provisional data
Subjects: Azores, EU financing, Madeira, Portugal, audiovisual communications policy, competence of the Member States, consumer protection, equal treatment, pay television, peripheral region, private media

3.4.2004

EN

Official Journal of the European Union

C 84 E/315

Answer given by Mr Byrne on behalf of the Commission

(29 March 2004)

The authorisation and labelling requirements in Regulation (EC) No 1829/2003 (1) will be enforced and
controlled by Member States under the general provisions on controls of food and feed, as is the case in
respect of current legislation. Over the last few years, the Commission’s Food and Veterinary Office (FVO)
has carried out several inspections in order to evaluate the official control systems on GM food put in
place by Member States, in particular in respect of genetically modified (GM) labelling, and has found that
Member States’ implementation of control programmes in this area is reasonably satisfactory.

Whilst FVO evaluations of official controls should identify any systematic shortcomings, Member-States
remain responsible for operational tasks such as ensuring that relevant bodies are properly instructed and
equipped. Under Regulation (EC) No 1830/2003 (2), Member States shall ensure that inspections and other
control measures,
to ensure
compliance with this Regulation. In order to facilitate a coordinated approach of these controls and
inspections,
the Commission is in the process of developing and publishing technical guidance on
sampling and testing.

including sample checks and testing, as appropriate, are carried out

This guidance provides that official controls can be carried out at any stage of the production, processing,
storage, and distribution of GMOs (including seeds) or food and feed produced from GMOs, including at
the point of import. The Community Reference Laboratory established under Regulation (EC) No 1829/
2003 provides guidance and assistance on the methods of testing, as well as training for Member States
laboratories but does not supply testing equipment.

In case of infringement,
it is for the Member States to take the appropriate measures and apply the
necessary penalties, which must be effective, proportionate and dissuasive. Should a Member-State not take
the appropriate measures to implement the Community legislation, the Commission would be entitled to
take the necessary steps, in accordance with the Treaty.

(1) Regulation (EC) No 1829/2003 of the Parliament and of the Council of 22 September 2003 on genetically modified

food and feed, OJ L 268, 18.10.2003.

(2) Regulation (EC) No 1830/2003 of the European and of the Council of 22 September 2003 concerning the
traceability and labelling of genetically modified organisms (GMOs) and the traceability of food and feed products
produced from genetically modified organisms and amending Directive 2001/18/EC, OJ L 268, 18.10.2003.

(2004/C 84 E/0363)

WRITTEN QUESTION E-0140/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(26 January 2004)

Subject: Media access in the Azores and Madeira outlying regions

As is well known, Article 299(2) of the TEU states that there shall be special measures and conditions of
support for the Union’s most remote regions. However, the Autonomous Regions of the Azores and
Madeira (Portugal) still suffer from problems relating to media access, notably to the national television
channels SIC, TVI and Canal A2.

Free-of-charge access to these national television channels, which now cover all of mainland Portugal with
no conditions attached, is not guaranteed in the Autonomous Regions of the Azores and Madeira. Their
broadcasts are not available on an open-signal basis, and this makes it impossible to receive SIC, TVI or
Canal A2 there.

Residents of those outlying regions cannot receive national television channels on the same basis as the
rest of the inhabitants of Portugal. A paid-for service (TV Cabo) is the only means they have of accessing a
service which is guaranteed free of charge on the mainland. In addition, the cable subscriptions are
considerably higher than those paid by mainland viewers for other limited-access channels.

C 84 E/316

Official Journal of the European Union

EN

3.4.2004

It is the responsibility of the Portuguese government to ensure access for residents of the outlying regions
on the same conditions as mainland residents. However, under Article 299(2) of the TEU there is a strong
case for Community support and funding to meet the costs of providing free and universal access to
Portuguese television channels.

Can the Commission state its position on the possibility of support measures with a view to ending both
this discriminatory situation over access to national media in the Azores and Madeira and TV Cabo’s
practice of charging higher subscriptions than those required for other limited-access channels in mainland
Portugal?

Answer given by Mr Barnier on behalf of the Commission

(11 March 2004)

The Portuguese television channels’ signal
broadcasting network and which the television channel owners pay for the broadcasting service.

is distributed by an organisation which owns the television

RTP (Radiotelevisao Portuguesa) pays that organisation for broadcasting the signal of its first channel
throughout the country. The requirement to supply that channel to the whole population is among the
public-service obligations stipulated by the Portuguese Government. RTP is not subject to the same
requirement for channel A2, however, nor as regards mainland access to the regional channels RTP Madeira
and RTP Azores).

TV Cabo, to which the Honourable Member refers, is a service supplied by a private organisation which,
under agreement with a number of national and foreign channels, provides access to them for its
customers throughout the country. In return for payment, that service not only provides access to the
Portuguese channels referred to above but also to foreign channels, either via cable or via small dishes and
individual satellite-reception equipment.

Admittedly there are differences due to geographical location as regards cost and accessibility in the more
isolated regions, and this is aggravated in the remotest regions because of the distances involved. Such
differences are noticed not only as regards access to Portuguese commercial television channels, but also in
relation to various ‘imports’ and ‘exports’ of products, raw materials, equipment and services, and the
movement of people.

However, the Commission considers that this is a matter for the national and regional authorities in
Portugal and that Article 299(2) of the EC Treaty does not alter that division of responsibility. If the
Portuguese authorities wish to grant aid to promote access to broadcast services, the aid must nevertheless
comply with Articles 87 and 88 of the EC Treaty.

With regard to infrastructure which may be financed under the Structural Funds, decisions are taken on
the basis of the priorities which the national and regional authorities and the Commission set jointly in
advance, and do not cover television channel distribution objectives. That financing cannot therefore be
extended to include all areas in which deficiencies are found.

According to the latest information available to the Commission, the Portuguese Government is currently
examining the possibility of inducing the private channels TVI and SIC to distribute their broadcasts in
clear to the Azores and Madeira regions. An agreement with those television channels could meet the
wishes expressed by the Honourable Member.

(2004/C 84 E/0364)

WRITTEN QUESTION E-0141/04

by Cristiana Muscardini (UEN) to the Commission

(26 January 2004)

Subject: Child labour

Despite the existence in all the Member States of specific and solicitous laws on the protection of children’s
rights, the scourge of child labour has not been totally eradicated. Quite the contrary, in many cases