91998E1718

WRITTEN QUESTION E-1718/98

by Gerhard Hager (NI) to the Commission

(29 May 1998)

Subject: ORF licence fee

A campaign has recently been launched in Austria against persons watching television at home without a licence.

As the law stands in Austria all households in which there is a television set capable of receiving programmes are obliged to apply for a radio/television permit and, for as long as they retain the set, to pay a fee; failure to do is subject to a fine.

As set out in Article 29 of the Federal Law on the Responsibilities and Constitution of the Austrian Broadcasting Authority (ORF), this fee is payable regardless of the frequency or quality of the programmes or their reception.

However, there are some parts of Austria where it is impossible to receive ORF. Yet, if the Austrian citizens affected want to receive programmes with a satellite dish they, too, are obliged by Austrian law to pay this fee.

What is the Commission's view of the lawfulness of this measure, and how can it be reconciled with EU rules on competition?

Answer given by Mr Van Miert on behalf of the Commission

(24 June 1998)

The "Protocol on the system of public broadcasting in the Member States" which it was agreed in Amsterdam to annexe to the EC Treaty confirms the competence of the Member States to define the public service remit of the broadcasting organisations and to organise the funding. Thus, it is not within the Commission's competence to assess the national provisions concerning national broadcasting licence fees.

The competition rules of the EC Treaty serve to guarantee fair competition between the undertakings of the Community and apply in principle only if trade within the Community is actually or potentially affected. However, the competition rules of the Community do not apply in the case of a possible discrimination against individuals under national tax or licence provisions.