92002E0845

WRITTEN QUESTION E-0845/02

by Antonios Trakatellis (PPE-DE) to the Commission

(27 March 2002)

Subject: Ban on conclusion of public contracts with media companies

The Greek Government has submitted a proposal for a new draft law concerning restrictions on the conclusion of public contracts with persons having interests in media companies. The proposal prohibits the conclusion of such contracts with natural or legal persons who are main shareholders. The proposal defines main shareholder as anyone owning a shareholding amounting to up to 5 % of the media company's total share capital.

Given the difficulty of identifying main shareholders at both Community and international level, will the Commission say:

1. whether there is a breach of the principle of equality as a general principle of law, in view of the fact that it will not be possible to scrutinise companies registered in another Member State or offshore companies to the same extent as national companies,

2. whether the Member States are required to cooperate with the relevant national authorities in identifying main shareholders (provision of information, conducting inquiries, etc), particularly if there is no provision for such scrutiny in the national legislation concerned,

3. whether any delays in carrying out checks in respect of Community companies constitute a breach of the principle of equality and discrimination against those companies compared with domestic firms, and

4. whether it is feasible and legally valid to exclude Community companies from concluding public contracts concerning broadcasting licences, given the impossibility of carrying out effective checks in those cases?

Answer given by Mr Bolkestein on behalf of the Commission

(28 May 2002)

The Commission lacks sufficient information about the problem mentioned by the Honourable Member, and given that this problem only relates to a proposal for a new law, it is not in a position to comment on the questions raised on the basis of the information provided.