91998E0275

WRITTEN QUESTION P-0275/98 by Gary Titley (PSE) to the Commission (5 February 1998)

Subject: Satellite jamming and the EC Trade Barrier Regulation

From 1 to 23 July 1997, the transmissions of MED-TV on the EUTELSAT satellite provider, were continuously jammed. The station broadcasts in Kurdish from London under licence from the UK Independent Television Commission.

In November 1997, I tabled a question to the Commission asking if it could confirm that the jamming of MED-TV violated the European Community's Trade Barrier Regulation. I was informed that further information would be required to enable the Commission to carry out the necessary evaluation.

Does the Commission intend to investigate this potential infringement of the EC's Trade Barrier Regulation?

If not, why not?

Could the Commission provide information as to how long such an evaluation would take?

Answer given by Mr Oreja on behalf of the Commission (13 March 1998)

As stated in the previous reply to the Honourable Member's written question E-3670/97 ((OJ C 174, 8.6.1998, p. 95. )) and to written question E-3449/97 by Mr de Vries ((OJ C 174, 8.6.1998, p. 60. )), the Television without frontiers Directive 97/36/EC of Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities ((OJ L 202, 30.7.1997. )) provides that Member States shall ensure freedom of reception on their territory of television broadcasts from other Member States (Article 2a(1)).

This obligation is based on one of the four fundamental freedoms laid down in the EC Treaty (the freedom to provide services - Article 59).

In respect of the particular circumstances of the case, the Commission stated that it required further information to enable an evaluation to be carried out, in respect of conformity with Community law. The Commission, in its role of guardian of the Treaties is required to evaluate possible breaches of Community law. The timing of such an evaluation would depend on the complexity of the facts involved, on the assumption that the necessary information was available.