91999E2215

WRITTEN QUESTION E-2215/99

by Enrico Ferri (PPE-DE) to the Commission

(29 November 1999)

Subject: Blackout of RAI TV programmes and free movement of services

It is now common practice on the part of RAI TV to encode certain popular films, sporting events and other TV programmes for overseas viewers.

1. Can the Commission say whether:

(a) in the light of the principles of the single market, it does not consider it disgraceful that the RAI is blacking out its programmes for overseas viewers, flying in the face of the principle of the free movement of services laid down in Article 49 (ex Article 59) of the EC Treaty?

(b) such discrimination against overseas residents and other EU citizens is not all the more reprehensible in that being penalised on account of a border, they are not even allowed to buy a decoder should they wish to do so?

(c) this behaviour is not in blatant defiance of the letter and the spirit of Article 3(a) of the Television without Frontiers directive, which stipulates that all Member States may require broadcasters to broadcast visibly and clearly all events of particular importance? In fact it is precisely those events that Italy has defined universal pursuant to Article 3(a) (e.g. football matches involving the national team, European cup matches and Formula One Grands Prix) that it is blacking out for overseas viewers.

(d) this conduct is not, moreover, incompatible with the RAI's public service duties, as the company, in fulfilling such duties, benefits from State aid (the canone, or TV licence) which is currently under the scrutiny of the Commission itself?

2. Furthermore, does the Commission not consider it advisable and indeed necessary to launch specific Community initiatives to prevent radio and TV programmes, and services targeted to overseas users in general, from being blacked out, denying consumers the possibility of gaining regular and easy access to such services? This would hopefully put an end to this undeniable discrimination, which is seriously undermining the completion of the single market and EU citizens' perception of a true area without borders.

Answer given by Mr Bolkestein on behalf of the Commission

(19 January 2000)

The Commission acknowledges the relevance of the honourable Member's question with reference to the operation of the internal market, and also in the light of the many letters of complaint that have been received on the matter its importance for citizens' perception of an area without borders.

However, the Commission does not at the moment have all the facts that are needed to provide a satisfactory reply to the honourable Member's questions.

The Commission will accordingly shortly submit a request for information to the Italian authorities.

In the light of the facts that it will then have at its disposal, the Commission will be in a better position to assess the need for any measures in this area.