European challenge to IRTC would be contested

THE GOVERNMENT would vigorously contest any European Commission legal challenge to IRTC rules for local radio stations which require 30 per cent of musical air time to be devoted to Irish music.

An IRTC spokesman yesterday defended its position, which he said was simply the fulfilment of its obligation to promote and support Irish culture. He said the IRTC had not yet been notified of any proceedings.

A spokeswoman for the European Commission confirmed that the Internal Market Commissioner, Mr Mario Monti, is considering taking Ireland to the European Court of Justice in Luxembourg over what it regards as an unfair restraint on trade, in breach of single market obligations.

The Dublin MEP, Ms Mary Banotti, a member of the parliament's culture committee, said she was surprised and disappointed that the Commission is considering legal action and could only assume it is a test case in relation to a similar recent French ruling.

The IRTC insists in its contracts with independent radio stations that they must broadcast an appropriate level" of Irish recorded, performed or composed music, interpreted by the IRTC as 30 per cent of musical air time. France has just introduced a 40 per cent requirement for French music.

The Commission has yet to notify the French of possible infringement proceedings. One source suggests that it is less likely to do so as French and Portuguese requirements are purely linguistic.

The Commission wrote to the Government last May in response to a complaint brought by the Association of Independent Radio Stations (AIRS) that the IRTC rule was in breach of EU competition law in discriminating against products from other member states.

AIRS has since withdrawn its complaint but the Commission, once notified, is entitled to pursue the issue independently.

The Department of Communications responded in July that the Government did not believe it was in breach of its EU obligations and that the issue involved the legitimate protection of Irish culture.

A Department spokesman yesterday stressed that there was no question of Ireland refusing to obey European law but the Minister for Arts, Culture and the Gaeltacht, Mr Higgins, is likely to want to test the Commission's ruling in the court. The Minister has been a strong supporter of the right of member states to defend their culture, particularly against what is seen as a transatlantic onslaught.