WRITTEN QUESTION E-4169/97 by Eryl McNally (PSE) to the Commission (21 January 1998)

Subject: SKY satellite transmission in the EU

According to the satellite television company SKY, British copyright laws forbid British citizens who have paid for SKY broadcasting within the UK from receiving transmissions whilst visiting or residing in other countries in the European Union. Consequently, many British citizens who reside in or visit other countries in the European Union are forced to either forego SKY, or illegally take their SKY card abroad and give SKY a UK address. None of the other countries within the EU have any restrictions on the viewing of their channels and they are available in all other European countries.

What can the Commission do to help ensure that British subscribers to SKY satellite television will be able to enjoy the same rights and conditions as those already enjoyed by their fellow-Europeans?

Answer given by Mr Monti on behalf of the Commission (24 February 1998)

The Commission is aware that the reception of certain satellite broadcasting services across the Community is limited for reasons mainly related to copyright. This situation does not apply only to the broadcasting service which the Honourable Member mentions, but also to a series of other satellite broadcasting services established in other Member States.

The Commission has already examined these cases where consumers are restricted in their choice of television programmes, but has concluded that it cannot intervene since there seems to be no infringement of Community law.

Limitations on the reception of certain satellite broadcasting services are not based on national regulatory restrictions on the retransmission of television services, but depend on commercial decisions taken by the broadcasting operators concerned, mainly due to the exploitation agreement with the rightholders for the broadcasting of their works. As a result there is no infringement of internal market requirements.