ANNEX
‘ANNEX A
Publication pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
The provisions adopted by Belgium modifying the measures taken under Article 3(a) of Directive 89/552/EEC are presented in the Order of the Government of the French Community of 17 January 2013, published in the Moniteur belge/Belgisch Staatsblad of 19 March 2013.
17 JANUARY 2013 — Order of the Government of the French Community amending the Order of the Government of the French Community of 8 June 2004 designating events of major importance and laying down the arrangements for their access by the public in the French Community via a free-access television broadcaster
Article 1. The title of the Order of the Government of the French Community of 8 June 2004 designating events of major importance and laying down the arrangements for their access by the public in the French Community via a free-access television broadcaster is replaced by the following:
“Order establishing the list of events of major importance and the arrangements for broadcasting them”.
Article 2. Article 2 of the Order is replaced by the following:
“A broadcaster of linear television services, including RTBF, intending to exercise the exclusive broadcasting rights it holds to an event of major importance must broadcast it on a free-access linear television service in accordance with the Annex to this Order.”
Article 3. The following Article 2(a) is added to the Order:
Ҥ 1.
A broadcaster of linear television services wishing to exercise the exclusive rights to an event listed in the Annex may broadcast it on a linear television broadcasting service which is not free to access as long as the following conditions have been met:
—
the event has already been offered to broadcasters of linear television services with a view to its broadcast on a free-access linear television service in accordance with the conditions set out in the Annex to this Order;
—
this offer was made within a reasonable time-frame and under conditions (in particular financial conditions) that take into account the market for broadcasting rights;
—
the broadcasters of linear television services to which the broadcasting rights were offered did not intend to acquire these rights within a reasonable time.
§ 2.
In the event of disagreement between the broadcaster of linear television services holding the exclusive rights to an event and a free-access broadcaster of linear television services with regard to the conditions (in particular the financial conditions) in the broadcasting offer, the matter shall be referred to the competent judicial or administrative authority or to arbitration. If the free-access broadcaster of linear television services refuses to accept the acquisition conditions laid down by this authority or by the arbitration authority, the holder of the exclusive rights to the event may broadcast the event in question on a linear television broadcasting service which is not free to access.”
Article 4. Article 3 of the Order is replaced by the following:
Ҥ 1.
A broadcaster of linear television services which has acquired the live-and-in-full transmission rights to an event may postpone the broadcasting of this event on a free-access linear television broadcasting service in the following cases:
—
if the event takes place between midnight and 8 a.m., Belgian time;
—
if the event coincides with a news or current affairs programme normally broadcast by the service at that time;
—
the event comprises several elements taking place simultaneously.
§ 2.
Where a broadcaster of linear television services which makes use of § 1 above has acquired its live-and-in-full transmission rights pursuant to Article 2(a) above, the broadcaster of linear television services that has ceded its exclusive rights pursuant to Article 2(a) is authorised to broadcast the event if it so wishes on a linear television service that is not free to access”.
Article 5. In Article 4 of the Order, the words “the television broadcasting services of the French Community” are replaced by the words “broadcasters of linear television services”.
Article 6. The Minister with responsibility for audiovisual affairs is responsible for the implementation of this Order.
Brussels, 17 January 2013.
Minister for Culture, Audiovisual Affairs, Health and Equal Opportunities
Mrs F. LAANAN
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