Publication pursuant to Article 3(a)(2) of Council Directive 89/552/EEC(1) on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council(2)

(2000/C 209/03)

The measures notified to the Commission in accordance with the procedure laid down in Article 3(a)(2) by the Kingdom of Denmark are set out in the following Ministerial Order.

(1) OJ L 298, 17.10.1989, p. 23.

(2) OJ L 202, 30.7.1997, p. 60.

Order on the use of TV rights to events of major importance for society

Pursuant to Section 75(1) and Section 76(2) of the radio and television broadcasting Act, cf. Order No 138 of 19 February 1998, the following is hereby laid down:

Scope

Section 1

1. This Order covers the use by TV stations of exclusive rights to events of major importance for society.

2. Exclusive rights to such events shall not be used in such a way that a substantial proportion of the population is prevented from following them via live or deferred transmission on free television.

Events of major importance for society

Section 2

In this Order, an "event of major importance for society" is understood to mean a sports activity which fulfils at least two of the following conditions:

1. It is of interest to others than those who normally follow the relevant branch of sport on TV;

2. It belongs to a branch of sport which traditionally occupies a central place in Danish sports culture;

3. It is generally followed by many viewers.

Section 3

1. The following events are regarded as being of major importance for society:

1. Olympic, summer and winter games: the games in their entirety;

2. World and European football championships (men): all matches with Danish participation together with semi-finals and finals;

3. World and European handball championships (men and women): all matches with Danish participation together with semi-finals and finals;

4. Denmark's world and European championship qualifying matches in football (men);

5. Denmark's world and European championship qualifying matches in handball (women).

2. The provisions on the use of exclusive rights to events shall apply to the broadcasting of parts of events or events in their entirety.

Use of TV rights

Section 4

A substantial proportion of the population is regarded as being prevented from following an event on free television, save in cases where:

1. the event is broadcast on a channel or channels which can be received by at least 90 % of the population without any extra cost for acquiring technical installations, e.g. a satellite receiver or cable connection to a communal aerial installation; and

2. the receiving of the event does not cost the viewer more than DKK 25 per month, apart from the TV licence and the subscription payment towards a communal aerial installation.

Section 5

1. Broadcasters unable to meet the requirement laid down in Section 1(2), in conjunction with Section 4, having acquired exclusive rights to events of major importance to society listed in Section 3(1) of this Order, may exercise those rights only if - through contractual arrangements with other broadcasters or by other appropriate means - they are able to ensure that a substantial proportion of the population is not prevented from following such events via live or deferred transmission on free television.

2. The provisions of Subsection 1 shall not apply if the broadcaster can demonstrate that no broadcaster or group of broadcasters able to meet the requirement laid down in Section 1(2) is prepared to enter into an agreement on reasonable market terms.

3. Broadcasters offered an agreement pursuant to Subsection 1 for the transmission of an event of major importance to society listed in Section 3(1), shall express their interest to the proposing party in writing, no later than 14 days after receiving a written offer containing specific information concerning the event, including where and when it is taking place, and the requested price.

Section 6

1. Events of major importance to society listed in Section 3(1) shall, as a rule, be broadcast live. They may be broadcast on a deferred basis provided postponement of broadcasting is based on objective factors, for example:

1. the event takes place at night (12 midnight - 6 a.m.)

2. the event consists of several concurrent events, such as the Olympics, or

3. live broadcasting would require the rescheduling of another broadcast of major importance for society.

2. The deferred broadcasting of an event of major importance to society shall, as a rule, take place within one full day of the event having taken place.

3. The provisions of Subsections 1 and 2 shall not apply to broadcasts that fall under Section 5(2).

Other provisions

Section 7

If disagreement arises over the price of the TV rights for major events listed in Section 3(1) in the context of the sale or assignment of such rights, the Competition Council acting upon a request by one of the parties or by a judicial or administrative authority, may deliver an opinion in accordance with the Competition Act setting a price on the basis of the conditions prevailing in a competitive market.

Section 8

Changes to this Order shall be implemented after talks with the parties affected, including sports organisations and TV stations in particular.

Infringement

Section 9

1. Any person infringing Section 1(2), Section 5(1) or Section 6(1) and (2) shall be punished by a fine.

2. Companies etc. (legal persons) may be rendered liable to penalties in accordance with the rules in Chapter 5 of the Penal Code.

Section 10

1. In accordance with Section 39(2) of the Radio and Television Broadcasting Act, a licence for broadcasting using satellite or cable installations to areas extending beyond one local area, may be withdrawn if the holder infringes the Act or provisions laid down in accordance with the Act, where such infringement is serious or where infringements are often repeated.

2. In accordance with Section 55(3) of the Radio and Television Broadcasting Act, a licence for local television broadcasting may be withdrawn temporarily or permanently if the holder infringes the Act or provisions laid down in accordance with the Act or the terms of the licence, where such infringement is serious or where infringements are often repeated.

Entry into force

Section 11

This Order shall enter into force on 1 December 1998 and apply to agreements on the use of exclusive rights entered into after 30 July 1997 and which relate to events taking place after 1 December 1998.

The Ministry for Cultural Affairs,

19 November 1998

Elsebeth Gerner Nielsen