Resolution of the Committee of the Regions on the 'Broadcasting rights of major sport events` (97/C 379/16)

THE COMMITTEE OF THE REGIONS,

having regard to its decision on 11 June 1997 under the fourth paragraph of Article 198c of the Treaty establishing the European Community, to draw up a resolution on the subject and to instruct Subcommission 7 - Youth and Sport - to draw up the resolution;

having regard to the draft resolution (CdR 183/97 rev.) adopted by Subcommission 7 on 11 July 1997 (rapporteurs: Mrs Bolger, Mr Bellotti);

having regard to the Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation and administrative action in Member States concerning the pursuit of television broadcasting activities (Television Without Frontiers) ();

having regard to Directive 97/36/EC of the European Parliament and of the Council amending 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 ();

having regard to the Commission Communication on the initiative of Commissioner Oreja on exclusive rights for television broadcasting of major sports events ();

having regard to Resolution EP No B4-0326/96 regarding retransmission of major sporting events, adopted on 22 May 1996;

having regard to the EP Report and Resolution on Public Service Broadcasting adopted on

19 September 1996 (paragraphs 21 and 22 of EP document No A4-0243/96);

having regard to the EP Report on the role of the EU in the field of sport, adopted on

13 June 1997, No A4-0197/97;

having regard to the issues arising from the debates of the Sixth European Sports Forum organized by the Commission on 16 and 17 December 1996 in Brussels;

whereas the citizens of Europe have an inalienable right to access to culture and to affirm and express their national or regional cultural identity;

whereas the issue of public access to broadcasts of major sporting events has wide cultural, economic and commercial implications;

whereas the Council Directive 89/552/EEC (Television Without Frontiers), which is based on Articles 57(2) and 66 of the Treaty, aims to produce an instrument that can provide the legal framework conducive to ensuring the free movement of broadcast services within the Union until the end of the century and beyond;

whereas television is a major source of information for the European citizen, the exercise of exclusive rights for television broadcasts in encrypted form may prove to be detrimental to the right of access of the public to information in one or several countries covered by the broadcaster that holds the exclusive rights;

whereas it is vital for the pursuit of the public interest and to development of the broadcasting industry in the Union to balance the right of the citizen to public access to events of national importance with the right of 'pay per view` broadcasters to vie for market share;

whereas the sense of community and citizenship experienced on national or regional days of sporting celebration and add much to the notion of diversity, a notion which the Union is at present striving to promote;

whereas sport and culture promote personal development, help to bridge regional and national divides and contribute to breaking down social barriers;

whereas 'events of major importance` for society should meet certain criteria, that is to say be outstanding events which are of interest to the general public in the European Union or in a given Member State or in an important component part of a given Member State and are organized in advance by an event organizer who is legally entitled to sell the rights pertaining to that event;

whereas the quantity and quality of sports coverage broadcast on television has grown significantly in recent years since the entry of subscription channels distributed via cable or satellite;

whereas national sporting events have taken on a lucrative commercial value, 'pay-per-view` broadcasters who have secured exclusive rights to many major sporting events, are strategically positioned to earn enormous profits;

whereas issues relating to sport are not specifically catered for in the Treaty, it must be acknowledged that the economic activity revolving around professional sport must not be exempt from the provisions of Community Law;

whereas the regional, cultural, economic and social aspects of this issue demand that the Committee of the Regions make a declaration on this issue,

adopted the following resolution at its 19th plenary session on 17 and 18 September 1997 (meeting of 17 September) unanimously.

The Committee of the Regions

1. Calls on the Member States to protect the European citizen's inalienable right to access to culture and to affirm and express their regional and national cultural identity through sport.

2. In Article 10 of the European Convention on Human Rights (ECHR) the public's access to freedom of information is protocoled and seeing sporting events is important to our citizens.

3. Recommends that any measures put in place to protect public access to major sporting events are consistent with Community law and are proportionate and non-discriminatory. Voluntary agreements between those concerned should be the preferred solution.

4. Urges Member States to draw up a list of special sporting events that are to be broadcast live on 'free to air` television. This list of events should be drawn up effectively and well in advance in a clear and transparent fashion, as provided for in the Community rules.

Experts - including regional, national or international representatives of sports associations, 'free to air` and 'pay per view` television broadcasters and government representatives with responsibility for sporting and cultural affairs in the Member States - should be consulted beforehand. It should also be ensured that appropriate sanctions are applied for violations of national rules.

5. Proposes that Member States provide for a periodic review of the list of events of major importance to society, thus allowing for additions or withdrawals of events from the list over time.

6. Calls on the Member States to take account of distinctive regional interest when deciding on the events deemed to be of major importance to society and in so doing, the Member States will promote the principles of diversity and inclusiveness. This approach is wholly consistent with the principle of subsidiarity since Member States retain competence to decide what events are of importance to their populations.

7. Calls on the Member States to keep restrictive practices to a minimum when deciding upon measures to protect free access to events of major importance.

8. Calls on the Member States to ensure that, where primary or exclusive rights to a sporting event have been agreed, liberal secondary distribution rights are provided for on a transnational basis.

9. Calls on Member States to consider the possibility of enacting national legislation requiring subscription broadcasters to make a contribution to national sports development along with other broadcasting services.

10. Calls on Member States to consider the adoption of legal and technical provisions permitting subscription broadcasters or public franchise holders to broadcast sports events in unencrypted form, even if not with exclusive rights, in limited areas of a region or country if this is in keeping with the prevailing interest of local or regional residents.

11. Urges the Commission to monitor on an annual basis the distribution agreements entered into by broadcasters, sporting bodies and Member States, so as to prevent the emergence of cartels and to ensure that Community competition law is not contravened.

12. Urges the Commission to publish guidelines on the application of Article 3a paragraph 2 of the 'Television Without Frontiers` Directive, in particular on the criteria it will take into account when verifying that the measures notified by the Member States are compatible with Community law; such guidelines should provide predictability for Member States, sports events organizers and broadcasters.

13. Compliments the Commission's stringent efforts to create a balanced regulatory framework, which protects the citizens right to information while concurrently liberalizing distribution rights, in the European broadcasting sector.

Brussels, 17 September 1997.

The Chairman of the Committee of the Regions

Pasqual MARAGALL i MIRA

() OJ L 298, 17. 10. 1989, p. 23.

() OJ L 202, 30. 7. 1997, p. 60.

() SEC(97) 174/9.