Information from the Commission - Publication in accordance with Article 3(a)(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, as amended by Directive 97/36/EC of the European Parliament and of the Council
Date: 1999-09-30
Institutions: European Commission
Subjects: Italy, broadcasting, cultural event, free movement of programmes, sporting event, television

30.9.1999

EN

Official Journal of the European Communities

C 277/3

Publication in accordance with Article 3(a)(2) of Council Directive 89/552/EEC (1) on the coor-
dination 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)

(1999/C 277/03)

The measures taken pursuant to Article 3(a)(1) of the
Directive and notified to the Commission in accordance
with the procedure laid down in Article 3(a)(2) by Italy
are set out in the following extracts from Decision No
8/1999 of the Communications Authority adopted on 9
March 1999:

Article 1

This Decision concerns television broadcasting of events

1.
considered of major importance for society.

2.
An (cid:145)event of major importance for society(cid:146) 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
the 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
in
jurisdiction on an exclusive basis and in encoded form,
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;

(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.

The events referred to in paragraph 1(b) and (c) above are
2.
the
to be given full
televisions broadcasters are free to decide on the arrangements
for unencoded transmission.

live coverage. For

the other events,

Decision No 8/1999 of the Communications Authority, the
full text of which was published in the Official Gazette of
the Italian Republic of 24 May 1999 (No 119, pp. 27 and
28), also contains the following provisions:

The Authority reserves the right to amend, in due course,
3.
the list laid down in paragraph 1, in particular by including the
following events:

(a) finals of basketball, water polo and volleyball world cham-

pionships involving the Italian national team;

(b) the final and semi-finals of the Davis Cup where the Italian

national team is involved;

(c) the road-cycling world championship.

For the events referred to in paragraph 3, the television
for

4.
broadcasters are free to decide on the arrangements
unencoded transmission.

5.
The Authority reserves the right to revise the lists laid
down in paragraphs 1 and 3 after two years following the
entry into force of this Decision.

Article 3

This Decision shall be communicated to the European
the
the Communi-

1.
Commission and published in the Official Gazette of
Italian Republic and the Official Bulletin of
cations Authority.

(d) all matches involving the Italian national football team, at

home and away, in official competitions;

This Decision shall enter into force the day after its

2.
publication in the Official Gazette of the Italian Republic.

(1) OJ L 298, 17.10.1989, p. 23.
(2) OJ L 202, 30.7.1997, p. 60.