Information from the Commission - Publication pursuant to 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: 2000-07-21
Institutions: Denmark
Subjects: Denmark, access to information, cable distribution, exclusive distribution agreement, sporting event, television

21.7.2000

EN

Official Journal of the European Communities

C 209/3

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.

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:

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

Scope

Section1

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

This Order covers the use by TV stations of exclusive

1.
rights to events of major importance for society.

4. Denmark’s world and European championship qualifying

matches in football (men);

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

Events of major importance for society

Section 2

In this Order, an (cid:145)event of major importance for society(cid:146)
understood to mean a sports activity which fulfils at
two of the following conditions:

is
least

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

The following events are regarded as being of major

1.
importance for society:

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

entirety;

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

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 instal-
lation; 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
instal-
lation.

towards a communal aerial

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
(cid:151) through contractual arrangements with other broadcasters
or by other appropriate means (cid:151) 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.

C 209/4

EN

Official Journal of the European Communities

21.7.2000

The provisions of Subsection 1 shall not apply if the
2.
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 (cid:151) 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.

The deferred broadcasting of

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

The provisions of Subsections 1 and 2 shall not apply to

3.
broadcasts that fall under Section 5(2).

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

Any person infringing Section 1(2), Section 5(1) or

1.
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

In accordance with Section 39(2) of

the Radio and
1.
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.

In accordance with Section 55(3) of

2.
the Radio and
Television Broadcasting Act, a licence for local television broad-
casting may be withdrawn temporarily or permanently if the
holder infringes the Act or provisions laid down in accordance
with the Act or
the licence, where such
is serious or where infringements are often
infringement
repeated.

the terms of

Other provisions

Section 7

Entry into force

Section 11

in the context of

If disagreement arises over the price of the TV rights for major
events listed in Section 3(1)
the sale or
assignment of such rights,
the Competition Council acting
the parties or by a judicial or
upon a request by one of
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.

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