Sub-licensing rules relating to the exploitation of Eurovision rights on pay-TV channels(Text with EEA relevance)
Date: 1999-09-01
Institutions: European Commission
Subjects: European Broadcasting Union, pay television, sporting event, subcontracting

1.9.1999

EN

Official Journal of the European Communities

C 248/7

Sub-licensing rules relating to the exploitation of Eurovision rights on pay-TV channels

(1999/C 248/05)

(Text with EEA relevance)

The following rules shall apply, as an obligation additional to
the general rules on EBU non-members’ access to Eurovision
sports programmes adopted on 24 February 1993, when
collectively acquired rights are to be exploited on a member’s
own pay-TV channel.

(i) If a Eurovision member intends to use Eurovision sports
programming on its own pay-TV channel
(pay-per-view,
pay-per-channel or, subject to point (v) below, a channel
which is part of a digital bouquet or of a basic cable
package), it shall offer competing pay-TV channels in the
same pay-TV category and in the same country the possi-
bility to do the same.

(cid:145)To do the same(cid:146) means:

(cid:151) identical embargo,

if any,

to that applying to the

member’s own pay-TV channel,

(cid:151) identical

competitions

to those presented on the
member’s own pay-TV channel (e.g. eliminatory round
matches, mixed-doubles tournament, everything up to
the quarter-finals, etc.). Where the member presents a
mix of competitions which take place simultaneously, or
at least partially overlap in time, the non-member may
choose to present its own mix, unless instead it prefers
to cover the entirety of one given competition,

or

available

comparable/equivalent competitions to those presented
on the member’s own pay-TV channel
(e.g. of 10
matches
for presentation on a pay-TV
channel, the member would retain five matches for its
own channel and offer five equivalent matches to the
competing pay-TV channel). If the non-member is not
satisfied that (cid:145)equivalence(cid:146) has been given,
it shall be
entitled to demand the rights for identical competitions,

(cid:151) identical volume of broadcast time as that offered on the
member’s own pay-TV channel (e.g. a maximum of two
hours per day).

(ii) The member remains free to offer the non-member more

favourable conditions.

taking into account

(iii) The fee to be paid by the non-member shall fairly reflect the
terms on which the rights were obtained by the Eurovision
member,
in particular the comple-
mentary nature of the rights, the volume and timing of
the broadcast and which of the three pay-TV categories
referred to in point (i) above the channel operates in, as
well as the number of its subscribers and the amount of
its monthly subscription or per-view fee.

The same pricing policy shall apply where a member grants
a non-member the right of pay-TV coverage, without itself
exercising that right.

In case of a dispute over the fee,
the matter shall be
in accordance with point 5 of
submitted to arbitration,
the general rules on EBU non-members’ access to Eurovision
sports programmes.

(iv) The member shall announce any possibility under

the
foregoing paragraphs for non-members’ pay-TV channels
sufficiently in advance of the event, but in no case later
than:

(cid:151) three months before Olympic Games, World and
European Football Championships and World Athletics
Championships,

and

(cid:151) two months before any other events.

(v) Channels which are part of a digital bouquet (basic package)
or a basic cable package are not subject to the foregoing
the same programme service is simultaneously
rules if
free-to-air
broadcast,
reception in the same country.

in analogue or digital mode,

for

In the case of a pan-European sports channel, the same shall
apply where the service is broadcast, with at least one sound
commentary in one of the major European languages, for
free-to-air reception throughout the European broadcasting
area, and where for the convenience of the respective local
audience the same service is simultaneously made available
as part of a digital bouquet or a basic cable package with a
local sound commentary.