2007/475/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Italy pursuant to Article 3a(1) of 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

• CELEX: Directive 89/552/EEC
• Articles: 3

Article 1

The measures pursuant to Article 3a(1) of Directive 89/552/EEC notified by Italy to the Commission on 10 May 1999, as published in the

Official Journal of the European Communities C 277 of 30 September 1999 (corrigendum in the

Official Journal of the European Communities C 208 of 26 July 2001 ), are compatible with Community law.

Article 2

The measures, as set out in the Annex to this Decision, shall be published in the Official Journal in accordance with Article 3a(2) of Directive 89/552/EEC.

Schedules & Appendices

ANNEX

ANNEX

Publication in accordance with Article 3a(2) of 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

The measures taken by Italy to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts from Decision No 8/1999 of the Communications Authority of 9 March 1999, as amended by its Decision No 172/1999 of 28 July 1999:

‘Article 1

1.   This Decision concerns television broadcasting of events considered of major importance to society.

2.   An “event of major importance to society” means an event of a sporting or non-sporting nature which satisfies at least two of the following four criteria:

(a)

the event and its outcome are of special and widespread interest in Italy, interesting persons other than those who usually watch this type of event on television;

(b)

the event enjoys widespread recognition by the general public, has particular cultural significance and strengthens Italian cultural identity;

(c)

the event involves a national team in a specific sporting discipline in a major international tournament;

(d)

the event has traditionally been broadcast on free television and has enjoyed high viewing figures in Italy.

Article 2

1.   The Authority has drawn up the following list of events considered to be of major importance for society which may not be transmitted by television broadcasters under Italian jurisdiction on an exclusive basis and in encrypted form, in order to make it possible for a substantial proportion (more than 90 %) of the Italian public to follow them on free television without incurring additional costs for the acquisition of technical equipment:

(a)

the summer and winter Olympic Games;

(b)

the football World Cup final and all matches involving the Italian national team;

(c)

the European football Championship final and all matches involving the Italian national team;

(d)

all matches involving the Italian national football team, at home and away, in official competitions;

(e)

the final and the semi-finals of the Champions League and the UEFA Cup where an Italian team is involved;

(f)

the Tour of Italy (Giro d'Italia) cycling competition;

(g)

the Formula One Italian Grand Prix;

(h)

the San Remo Italian music festival.

2.   The events referred to in paragraph 1(b) and (c) above are to be given full live coverage. For the other events, the television broadcasters are free to decide on the arrangements for unencrypted transmission.’