Publication of consolidated measures in accordance with Article 3a(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: 2001-07-26
Institutions: European Commission
Subjects: administrative cooperation, approximation of laws, audiovisual communications policy, broadcasting, television

26.7.2001

EN

Official Journal of the European Communities

C 208/25

Publication of CONSOLIDATED MEASURES (1) in accordance with Article 3a(2) of Council Directive
89/552/EEC (2) on the coordination of certain provisions laid down by law, regulation or adminis-
trative 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 (3)

(2001/C 208/05)

In accordance with Article 3a(2) of the Directive, the Commission shall publish at least once a year the
consolidated list of the measures taken by the Member States. To date, the measures taken by the following
Member States have been published: Denmark (OJ C 14, 19.1.1999, p. 6), Italy (OJ C 277, 30.9.1999, p. 3,
corrected by current publication, Germany (OJ C 277, 29.9.2000, p. 4) and the United Kingdom (OJ C
328, 18.11.2000, p. 2).

DENMARK (4)

C 14/6

EN

Official Journal of the European Communities

19.1.1999

Publication pursuant to Article 3a(2) of Council Directive 89/552/EEC (5) 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 (6)

(1999/C 14/05)

The measures notified to the Commission in accordance with the procedure laid down in Article 3a(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, see Order No 138 of 19 February
1998, the following is hereby laid down:

Events of major importance for society

Article 2

Scope

Article 1

This Order covers the use by TV stations of exclusive

1.
rights to events of major importance for society.

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.

(1) The consolidated list contains some factual corrections in relation to
previous publications of measures taken by Member States and a
corrected version of
the Italian measures replacing OJ C 277,
30.9.1999.

(2) OJ L 298, 17.10.1989, p. 23.
(3) OJ L 202, 30.7.1997, p. 60.
(4) Only the Danish text is authentic.
(5) OJ L 298, 17.10.1989, p. 23.
(6) OJ L 202, 30.7.1997, p. 60.

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 sports which traditionally occupies
a central place in Danish sports culture;

3.

it is generally followed by many viewers.

Article 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;

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

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Official Journal of the European Communities

26.7.2001

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

1. the event takes place at night (between 12 midnight and 6

a.m.) Danish time,

4. Denmark’s world and European championship qualifying

matches in football (men);

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

Olympics, or

5. Denmark’s world and European championship qualifying

matches in handball (women).

3.

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

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.

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.

Use of TV rights

Article 4

The provisions of paragraphs 1 and 2 shall not apply to

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

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

Article 5

Broadcasters unable to meet the requirement laid down in
1.
in conjunction with Article 4, having acquired
Article 1(2),
exclusive rights to events of major importance to society
listed in Article 3(1) of this Order, may exercise those rights
only if (cid:151) through contractual arrangements with other broad-
casters 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 trans-
mission on free television.

the
The provisions in paragraph 1 shall not apply if
2.
broadcaster can demonstrate that no broadcaster or group of
broadcasters able to meet the requirement laid down in Article
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 Article 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.

Article 6

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

Other provisions

Article 7

in the context of

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

Article 8

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

Infringement

Article 9

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

1.
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.

Article 10

In accordance with Article 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
is serious or where infringements are often
infringement
repeated.

In accordance with Article 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
infringement
is serious or where infringements are often
repeated.

the terms of

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Entry into force

Article 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

ITALY (7)

CORRIGENDUM to (1999/C 277/03)

Publication pursuant to Article 3a(2) of Council Directive 89/552/EEC (8) 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 (9) (cid:151) ITALY

(2001/C 208/05)

The measures taken pursuant to Article 3a(1) of the Directive
and notified to the Commission in accordance with the
procedure laid down in Article 3a(2) by ITALY are set out in
the
the following extracts
Communications Authority adopted on 9 March 1999 as
amended by its Decision No 172/1999 of 28 July 1999:

from Decision No 8/1999 of

not be transmitted by television broadcasters under Italian
jurisdiction on an exclusive basis and in encoded form,
in
order to make it possible for a substantial proportion (more
the Italian public to follow them on free
than 90 %) of
television without incurring additional costs for the acquisition
of technical equipment:

Article 1

(a)

the summer and winter Olympic games;

This Decision concerns television broadcasting of events

1.
considered of major importance for society.

An (cid:145)event of major importance for society(cid:146) means an
2.
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;

(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;

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

home and away, in official competitions;

(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;

(d) the event has traditionally been broadcast on free television

and has enjoyed high viewing figures in Italy.

(h) the San Remo Italian music festival.

Article 2

1.
The Authority has drawn up the following list of events
considered to be of major importance for society which may

(7) Only the Italian text is authentic.
(8) OJ L 298, 17.10.1989, p. 23.
(9) OJ L 202, 30.7.1997, p. 60.

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

live coverage. For

the other events,

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Official Journal of the European Communities

26.7.2001

GERMANY (10)

C 277/4

EN

Official Journal of the European Communities

29.9.2000

Publication pursuant to Article 3a(2) of Council Directive 89/552/EEC (11) 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 the Council (12)

(2000/C 277/04)

the Directive and notified to the Commission in
The measures taken pursuant
accordance with the procedure laid down in Article 3a(2) by the FEDERAL REPUBLIC OF GERMANY
are set out in the following extracts from Article 5a of the Fourth Interstate Treaty on Broadcasting (13).

to Article 3a(1) of

Article 5a

Broadcasting major events

1.

In the Federal Republic of Germany events of major importance for society (major events) may be
broadcast in encrypted form on pay-TV only where the broadcaster or a third party makes it possible,
under appropriate conditions, for the event to be braodcast on a free and generally accessible television
channel at the same time or, where individual events running in parallel make this impossible, slightly
deferred. Should the parties fail to reach agreement on appropriate conditions, they shall agree to
accept arbitration under Section 1025 et seq. of the Code of Civil Procedure in due time before the event
takes place. Should they be unable to agree on an arbitration procedure for reasons which must be
justified by the television broadcaster or the third party, the broadcast under paragraph 1 shall be
viewed as not made possible under appropriate conditions. Only channels which can be received by
more than two-thirds of all households shall be deemed to be generally accessible.

2. For the purposes of these provisions major events are:

1. the summer and winter Olympic games;

2. all European Championship and World Cup matches involving the German national football team, as
well as the opening match, the semi-finals and finals, irrespective of whether the German team is
involved;

3. the semi-finals and final of the German FA Cup;

4. the German national football team’s home and away matches;

5. the final of any European football club competition (Champions League, UEFA Cup) involving a

German club.

Where major events consist of more than one individual event, each event shall be considered to be a
major event. Inclusion or exclusion of events in these provisions is possible only on the basis of an
agreement concluded by all L(cid:228)nder.

(10) Only the German text is authentic.
(11) OJ L 298, 17.10.1989, p. 23.
(12) OJ L 202, 30.7.1997, p. 60.
(13) Entry into force by 1 April 2000.

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C 208/29

UNITED KINGDOM (14)

C 328/2

EN

Official Journal of the European Communities

18.11.2000

Publication pursuant to Article 3a(2) of Council Directive 89/552/EEC (15) 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 (16) (cid:151) UNITED KINGDOM

(2000/C 328/02)

The measures taken pursuant
the Directive and notified to the Commission in
accordance with the procedure laid down in Article 3a(2) by the UNITED KINGDOM are set out in the
following extracts:

to Article 3a(1) of

[Extracts from Part IV of the Broadcasting Act 1996]

BROADCASTING ACT 1996

Chapter 55

PART IV

Listed events.

SPORTING AND OTHER EVENTS OF NATIONAL INTEREST

97. (1)
For the purposes of this Part, a listed event is a sporting or other
event of national interest which is for the time being included in a list drawn up
by the Secretary of State for the purposes of this Part.

The Secretary of State shall not at any time draw up, revise or cease to
(2)
maintain such a list as is mentioned in subsection 1 unless he has first
consulted:

(a) the BBC;

(b) the Welsh Authority;

(c) the Commission; and

(d) in relation to a relevant event, the person from whom the rights to televise

that event may be acquired;

and for the purposes of this subsection a relevant event is a sporting or other
event of national interest which the Secretary of State proposes to include in, or
omit from, the list.

(3)
As soon as he has drawn up or revised such a list as is mentioned in
subsection 1; the Secretary of State shall publish the list in such manner as he
considers appropriate for bringing it to the attention of:

(a) the persons mentioned in subsection 2; and

(b) every person who is the holder of a licence granted by the Commission
under Part I of the 1990 Act or a digital programme licence granted by
them under Part I of this Act.

In this

(4)
Scotland, Wales or Northern Ireland.

section (cid:145)national

interest(cid:146)

includes

interest within England,

The addition of any relevant event to such a list as is mentioned in

(5)
subsection 1 shall not affect:

(a) the validity of any contract entered into before the date on which the
Secretary of State consulted the persons mentioned in subsection 2 in
relation to the proposed addition; or

(b) the exercise of any rights acquired under such a contract.

(14) Only the English text is authentic.
(15) OJ L 298, 17.10.1989, p. 23.
(16) OJ L 202, 30.7.1997, p. 60.

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The list drawn up by the Secretary of State for the purposes of section
(6)
182 of
in force immediately before the
is
commencement of this section, shall be taken to have been drawn up for the
purposes of this Part.

the 1990 Act, as

that

list

Categories of service.

98. (1)
satellite services shall be divided into two categories as follows:

For the purposes of this Part, television programme services and EEA

(a) such of the services specified in subsection 2 as are provided without any
charge being made for the reception of programmes included in the service;

(b) all

televison programme services not

for the time being falling within

paragraph (a).

(2)

The services referred to in subsection 1(a) are:

(a) regional and national Channel 3 services;

(b) Channel 4; and

(c) the television broadcasting services provided by the BBC.

The Secretary of State may by order amend subsection 2 so as to remove

(3)
any service from, or add any service to, the services specified in it.

An order under subsection 3 shall be subject to annulment in pursuance

(4)
of a resolution of either House of Parliament.

[. . .]

101. (1)
A person providing a service falling within either of the categories
set out in subsection 1 of section 98 ((cid:145)the first service(cid:146) for reception in the
United Kingdom or in any area of the United Kingdom shall not, without the
previous consent of the Commission, include in that service live coverage of the
whole or any part of a listed event unless:

(a) another person, who is providing a service falling within the other category
set out in that subsection ((cid:145)the second service(cid:146)), has acquired the right to
include in the second service live coverage of the whole of the event or of
that part of the event; and

(b) the area for which the second service is provided consists of or includes the
whole, or substantially the whole, of the area for which the first service is
provided.

The Commission may revoke any consent given by them under

(2)
subsection 1.

Failure to comply with subsection 1 shall not affect the validity of any

(3)
contract.

(4)
Subsection 1 shall not have effect where the television programme
providing the first service is exercising rights acquired before the comencement
of this section.

102. (1)

If the Commission:

(a) is satisfied that the holder of a licence under Part I of the 1990 Act or a
digital programme licence under Part I of this Act has failed to comply with
subsection 1 of section 101; and

(b) is not satisfied that in all the circumstances it would be unreasonable to
expect him to have complied with that subsection, they may require him to
pay, within a specified period, a specified financial penalty to the
Commission.

Restriction on tele-
vising of listed event.

Power of Commission
to impose penalty.

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(2)
If the Commission is satisfied that, in connection with an application for
consent under subsection 1 of section 101, the holder of a licence under Part I
of the 1990 Act or a digital programme licence under Part I of this Act has:

(a) provided them with information which was false in a material particular; or

(b) withheld any material

information with the intention of causing the

Commission to be misled;

they may require him to pay, within a specified period, a specified financial
penalty to the Commission.

(3)
The amount of any financial penalty imposed on any person under
subsection 1 or 2 shall not exceed the amount produced by multiplying the
relevant consideration by the prescribed multiplier.

(4)

In subsection 3

(a) (cid:145)the

relevant

consideration(cid:146) means

the
Commission as representing so much of any consideration paid by the
person on whom the penalty is being imposed as is attributable to the
acquisition of the rights to televise the event in question; and

an amount determined by

(b) (cid:145)the prescribed multiplier(cid:146) means such number as the Secretary of State may

from time to time by order prescribe.

An order under subsection 4(b) shall be subject

(5)
pursuance of a resolution of either House of Parliament.

to annulment

in

(6) Where the Commission receives any amount payable to it by virtue of
subsection 1 or 2, that amount shall not form part of the revenues of the
Commission but shall be paid into the Consolidated Fund.

(7)
Any amount payable by any person to the Commission by virtue of
subsection 1 or 2 shall be recoverable by them as a debt due to them from
that person.

Report to Secretary of
State.

103. (1)

If the Commission:

(a) is satisfied that a broadcasting body has failed to comply with subsection 1

of section 101; and

(b) is not satisfied that in all the circumstances it would be unreasonable to

expect the body to have complied with that subsection,

it shall make a report on the matter to the Secretary of State.

If the Commission is satisfied that, in connection with an application for

(2)
consent under subsection 1 of section 101, a broadcasting body has:

(a) provided it with information which was false in a material particular: or

(b) withheld any material

information with the intention of causing the

Commission to be misled,

it shall make a report on the matter to the Secretary of State.

in this

(3)
Authority.

section (cid:145)broadcasting body(cid:146) means

the BBC or

the Welsh

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Code of guidance.

104. (1)
a code:

The Commission shall draw up, and may from time to time review,

(a) specifying the circumstances

listed events
generally, or of a particular listed event, is, or is not, to be treated as live
for the purposes of this Part; and

in which the televising of

(b) giving guidance as to the matters which they will take into account in

determining:

(i) whether to give or revoke their consent under section 101(1), or

(ii) for the purposes of section 102(1) or 103(1), whether in all the circum-
stances it is unreasonable to expect a television programme provider to
comply with section 101(1).

In exercising their powers under this Part, the Commission shall have

(2)
regard to the provisions of the code.

Before drawing up or revising the code the Commission shall consult

(3)
such persons as appear to the Commission to be appropriate.

(4)
As soon as the Commission has drawn up or revised such a code, the
Commission shall publish the code in such manner as they consider appropriate
for bringing it to the attention of:

(a) the BBC;

(b) the Welsh Authority;

(c) every person from whom the rights to televise a listed event may be

acquired;

and

(d) every person who is the holder of a licence granted by the Commission
under Part I of the 1990 Act or a digital programme licence granted by
them under Part I of this Act.

Interpretation of Part
IV and supplementary
provisions.

105. (1)

In this Part (unless the context otherwise requires):

(cid:145)Channel 4(cid:146) has the same meaning as in Part I of the 1990 Act;

(cid:145)the Commission(cid:146) means the Independent Television Commission;

(cid:145)listed event(cid:146) has the meaning given by section 97(1);

(cid:145)live(cid:146) shall be construed in accordance with the code drawn up under section
104;

(cid:145)national Channel 3 service(cid:146) and (cid:145)regional Channel 3 service(cid:146) have the same
meaning as in Part I of the 1990 Act;

(cid:145)television broadcasting service(cid:146) has the same meaning as in Part I of the 1990
Act;

(cid:145)television programme provider(cid:146) has the meaning given by section 99(2);

(cid:145)television programme service(cid:146) has the same meaning as in Part I of the 1990
Act.

Section 182 of

(2)
pay-per-view terms) shall cease to have effect.

the 1990 Act

(certain events not

to be shown on

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[Extracts from the Television Broadcasting Regulations 2000]

STATUTORY INSTRUMENTS

2000 No 54

BROADCASTING

The Television Broadcasting Regulations 2000

Made:

14 January 2000

Laid before Parliament:

14 January 2000

Coming into force:

19 January 2000

Whereas the Secretary of State is a Minister designated (17) for the purposes of section 2(2) of the European
Communities Act 1972 (18) with regard to measures relating to television broadcasting;

Now, therefore, the Secretray of State, in exercise of the powers conferred on him by section 2(2) of the
European Communities Act 1972 and all other powers enabling him in that behalf, hereby makes the
following Regulations:
Citation and commencement

1.

(1)

These Regulations may be cited as the Television Broadcasting Regulations 2000.

(2)

These Regulations shall come into force on 19 January 2000.

[. . .]
Amendments of Broadcasting Act 1996

3. Part IV of the Broadcasting Act 1996 (19) (sporting and other events of national interest) is amended in

accordance with the Schedule to these Regulations.

[. . .]

14 January 2000

Chris Smith

Secretary of State for Culture, Media and Sport

SCHEDULE

Regulation 3

AMENDMENTS OF BROADCASTING ACT 1996: SPORTING AND OTHER EVENTS OF NATIONAL INTEREST

1. For section 98 there is substituted:

Categories of service.

98. (1)
satellite services shall be divided into two categories as follows:

For the purposes of this Part, television programme services and EEA

(a) those television programme services and EEA satellite services which for the

time being satisfy the qualifying conditions, and

(17) S.I. 1997/1174.
(18) 1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the
European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) of
the European
Communities Act to implement obligations of the United Kingdom created by or arising under the Agreeement
on the European Economic Area signed at Oporto on 2 May 1992 (Cm 2073) and the Protocol adjusting that
Agreement signed at Brussels on 17 March 1993 (Cm 2183).

(19) 1996 c. 55.

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(b) all other television programme services and EEA satellite services.

In this section, (cid:145)the qualifying conditions(cid:146), in relation to a service, means

(2)
the conditions:

(a) that the service is provided without any consideration being required for

reception of the service, and

(b) that the service is received by at least 95 % of the population of the United

Kingdom.

(3)
There shall be disregarded for the purposes of subsection (2)(a) any fee
payable in respect of a television licence, as defined by section 1(7) of the
Wireless Telegraphy Act 1949.

(4)

The condition in subsection (2)(b):

(a) is to be taken to be satisfied in relation to a regional Channel 3 service if it

is satisfied in relation to Channel 3 as a whole, and

(b) is to be taken to be satisfied in relation to Channel 4 if it is satisfied in

relation to Channel 4 and S4C taken together.

The Commission shall from time to time publish a list of the television
(5)
programme services and EEA satellite services which appear to them to satisfy
the qualifying conditions.

(6)

In this section, (cid:145)EEA satellite service(cid:146) means any service which:

(a) consists in the transmission for general reception of television programmes

by satellite, and

(b) is provided by a person who for

the purposes of Council Directive
89/552/EEC is under the jurisdicition of an EEA State other than the
United Kingdom.

[. . .]

(Restriction on tele-
vising of listed event)

3. In Section 101 in subsection (1), for (cid:145)person(cid:146),

in the first place where it

occurs, there is substituted (cid:145)television programme provider(cid:146).

[. . .]

(Interpretation
Part IV)

of

9. In section 105(1):

(a) after the definition of (cid:145)the Commission(cid:146) there is inserted: (cid:145)designated event,
in relation to an EEA State other than the United Kingdom, has the meaning
given by section 101A;(cid:146),

(b) in the definition of (cid:145)live(cid:146), before (cid:145)shall(cid:146) there is inserted (cid:145)in relation to the

televising of a listed event(cid:146); and

(c) after the definition of (cid:145)national Channel 3 service(cid:146) and (cid:145)regional Channel 3
service(cid:146) there is inserted: (cid:145)S4C has the same meaning as in Part I of the 1990
Act;(cid:146).

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[Extracts from the ITC Code on Sports and other Listed Events, revised January 2000]

Code on sports and other listed events

Foreword

General provision and background

1. The Broadcasting Act 1996, (the (cid:145)Act(cid:146)) as amended by the
Television Broadcasting Regulations 2000 (the (cid:145)Regu-
lations(cid:146)), requires the ITC to draw up, and from time to
time review, a code giving guidance on certain matters
relating to the televising of sports and other events of
national interest which have been listed by the Secretary
of State for Culture, Media and Sport. This code has been
produced by the ITC, after consultation with broadcasters,
the holders of sports rights and other
sports bodies,
interested parties,
fulfilling this
statutory duty, as defined under Section 104 of the Act.
[. . .]

the purpose of

for

2. The Act restricts the acquisition by television programme
providers of exclusive rights to the whole or any part of
live television coverage of
listed events and the broad-
casting on an exclusive basis of such coverage without
the previous consent of the ITC (see Part IV of the Act).
Under the Act the ITC has powers to impose a financial
penalty on its licensees if the restrictions on broadcasting
live coverage of listed events have not been observed, if
the ITC has been given false information or if material
information has been withheld. In the case of the BBC
and S4C the ITC must report the matter to the Secretary
of State. The ITC will have regard to the provisions of the
Code in exercising these powers.

3.

list

(cid:145)Listed events(cid:146) are drawn up by the Secretary of State in
accordance with the Act, and the current
is at
Appendix 1. The Secretary of State may add events to
and delete events from the list at any time, but only
after consultation with the BBC,
the Welsh Authority,
the ITC and the holder of the rights for the event in
question.
In June 1998 the Secretary of State extended
the list to include Group B events on the understanding
that
they would be treated differently from Group A
events. Group A events are those events which may not
be covered live on an exclusive basis unless certain criteria
are met. The cirteria and matters to be taken into account
by the ITC are set out at paragraphs 12 to 16. Group B
events are those events that may not be broadcast live on
an exclusive basis unless adequate provision has been
made for secondary coverage. The minimum standard of
secondary coverage the ITC will
regard as adequate
provision is set out at paragraphs 17 and 18.

[. . .]

first

((cid:145)the

6. For the purpose of the live broadcasting of listed events
the Act defines two categories of television programme
services:
those television programme services and EEA
satellite services which for the time being satisfy the qual-
ifying conditions
category(cid:146)) and all other
television programme services and EEA satellite services
((cid:145)the second category(cid:146)). The qualifying conditions are
defined as (a) that the service is provided without any
consideration being required for reception for the service
and (b) that the service is received by at least 95 % of the
population of the United Kingdom. Television programme
services and EEA satellite services which fall within the
first category will appear in a list published from time
to time by the ITC (see Appendix 2). These requirements
are set out in the Act as amended by the Television Broad-
casting Regulations 2000. Any contract for televising live
coverage of a listed event which is entered into by a
broadcaster must state that the rights are available for
showing the event on a service falling within only one
of the two categories,
i.e., separate contracts must exist
for each category. A broadcaster providing a service in
either category ((cid:145)the first
is prohibited from
showing exclusively live coverage of the whole or any
part of a Group A event without the previous consent
of
the Commission unless a broadcaster providing a
service in the other category ((cid:145)the second service(cid:146)) has
acquired the right to show live coverage of the event or
the same part of the event. The area served by the second
service must
the whole, or
substantially the whole, of the area served by the first
service. The first and second services may be provided
by licensees in the same ownership, but between them
they must
the two
categories described above.

include a broadcaster

consist of or

in each of

service(cid:146))

include

7. The restrictions apply only to rights acquired either after
the commencement of Section 101 of the 1996 Act, i.e. 1
October 1996 or after the Secretary of State began to
consult rights holders about changes to the list,
i.e. 25
November 1997, as shown in Appendix 1.

8. An event may be listed because it is of (cid:145)national(cid:146) interest
within England, Scotland, Wales or Northern Ireland sepa-
rately. This is the basis on which the Scottish FA Cup Final,
for example, has been listed. The Act allows for those
events to be shown only in the relevant part of
the
United Kingdom in which there is likely to be most
viewer interest. The reference to Channel 3 in Appendix
2,
regional
Channel 3 services, or Channel 3 as a whole.

individual or groups of

therefore, means

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9. The Act is concerned with providing an opportunity for
to
live coverage to be made available.
the Act does not require or guarantee
emphasise that
live coverage of
including coverage on
Channel 3, Channel 4 and the BBC. Nor does the Act
prohibit exclusive live coverage of listed events on these
or other services subjects to the ITC being satisfied that
certain criteria have been met (see paragraphs 12-18).

listed events,

is important

It

10. The specific guidance which the ITC is required to give is
set out below. The ITC will keep this guidance under
review and may amend it in the light of experience.

Definition of (cid:145)live(cid:146)

11. Section 104 of the Act requires the ITC to specify the
listed events
circumstances in which the coverage of
generally, or of a particular listed event, is, or is not, to
be treated as live. In considering this matter the ITC has
taken the view that the interests of viewers lie in allowing
them to participate in the event as it happens, as far as
possible. This suggests that live television coverage of most
sports events, inlcuding those taking place in different time
zones, should be defined as coverage which is simul-
taneous with the event (i.e. as the event is happening).
However, given the different nature and length of events,
no single definition is possible, The following interpre-
tation should allow for necessary flexibility:

(cid:151) the restrictions on live coverage will apply while the

event concerned is in progress,

(cid:151) if the event involves separate games or matches, the
restrictions will apply while each game or match is in
progress,

(cid:151) in the case of a single event which is scheduled to last
over serveral days the restrictions will apply to each
day’s play, while it is in progress,

(cid:151) in the case of an event which consists of defined
separate parts which overlap in time
the
Olympic Games or the FIFA World Cup Finals) and
therefore be televised simultaneously in full,
cannot
the
to each match or
competition as if it was a single event.

restrictions will

apply

(e.g.

Matters to be taken into account in giving or revoking
consent for exclusive coverage

12. Under Section 104(1)(b) of the Act the ITC is required to
provide guidance as to the matters it will take into account
in determining whether to grant its consent to a broad-
caster providing a service in one category (the first service)
to provide exclusive live coverage of an event (of part of
an event) where no broadcaster providing a service in the
other category (the second service) has acquired the same
rights, or where the area for which the second service is to
be provided does not consist of or inlcude the whole, or

substantially the whole, of the area for which the first
service is provided.

13.

In deciding whether to give its consent it may be sufficient
for the ITC to establish that the availability of the rights
was generally known and no broadcaster providing a
service in the other category had expressed an interest in
their acquisition to the rights holder, or had not bid for
the rights. However, the ITC will wish to be satisfied that
broadcasters have had a genuine opportunity to acquire
the rights on fair and reasonable terms and, in reaching
a view, will take account of some or all of the following
cirteria:

(cid:151) any invitation to express interest, whether in the form
in the
of public advertisement or closed tender,
acquisition
been
have
communicated openly and simultaneously to broad-
casters providing services in both categories,

rights must

the

of

(cid:151) at the beginning of any negotiation the documentation
and/or marketing literature must set out in all material
respects the process for negotiating and acquiring the
rights and all material terms and conditions, including
what rights were available,

(cid:151) if the rights to the listed event were included in a
package of rights, the package must not have been
more attractive to broadcasters providing services in
one of
the rights
should be capable of being purchased independently
of other
to highlights, delayed trans-
rights, e.g.
missions, other events,

the two categories. Preferably,

(cid:151) the conditions or costs attached to the acquisition of
the rights (for example, production costs) must have
been clearly stated and must not be preferential to one
category of service,

(cid:151) the price sought for the rights must have been fair,
reasonable and non-discriminatory as between the
two categories of programme service. What is a fair
price will depend upon the rights being offered and the
value of those rights to broadcasters. A wide range of
prices is likely to be regarded as fair but when required
to make its own judgment on the matter the ITC will
have regard to inter alia:

(cid:151) previous fees for the event or similar events,

(cid:151) time of day for live coverage of the event,

(cid:151) the revenue or audience potential associated with
the live transmission of the event (e.g. the oppor-
tunity to sell advertising and sponsorship;
the
prospects for subscription income),

(cid:151) the period for which rights are offered, and

(cid:151) competition in the market place.

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14. A genuine opportunity to acquire the rights also requires
that broadcasters are given a reasonable time in which to
do so. What constitutes a reasonable time will depend
upon the circumstances of each case,
including the
complexity of negotiations and the production and trans-
mission of the programme surrounding the event, and the
proximity of the event to the date on which the rights are
offered. The time allowed should give all parties a realistic
opportunity to negotiate and reach agreement, but should
not be unduly protracted, thereby preventing or restricting
broadcasters from complying with this Code.

15. The ITC’s consent

is also required where the area for
which the service is to be provided does not consist of
or include the whole, or substantially the whole, of the
In
area for which the other service is to be provided.
considering whether to give its consent the ITC will take
account of the interests of the viewers in the different
areas and the transmission coverage areas of the different
broadcasters.

to whom the

16. Consent will normally be given for the full period for
which rights are acquired in recognition of the fact that
the price paid will,
inter alia, reflect the duration of the
rights. However, the ITC will revoke its consent if the
broadcaster
consent has been given
requests it, or if the consent has been given on the basis
of false or misleading information. Additionally, the ITC
will consider revoking its consent if it appears that rights
have been acquired for an extended period in order to
circumvent the spirit of the Act. In determining what is
an extended period the ITC will have regard to precedents
for this and similar events, including the periods for which
rights are granted to non-United Kingdom broadcasters for
overseas transmissions.

17. For those events listed in Group B in Appendix 1, the ITC
will give its consent to exclusive live coverage of an event
by a broadcaster providing a service in one category (the
first service)
if adequate provision has been made for
secondary coverage by a broadcaster providing a service
in the other category (the second service). The minimum
which the ITC will consider to be adequate is where the
second service has acquired rights for the provision of
edited highlights or delayed coverage amounting to at
least 10 % of the scheduled duration of the event (or the
play in the event taking place on any on day), subject to a
minimum of 30 minutes for an event (or the play in the
event on any day) lasting an hour or more, whichever is
the greater. For these purposes, where an event has a
number of different components taking place concurrently
the scheduled duration of the event is defined as the time
elapsed between the scheduled beginning of
the first
component of the event on that day. The second service
must have editorial control over the content and sche-
duling of
the edited highlights or delayed coverage
except that a restriction may be imposed that the second

service shall not begin broadcasting the edited highlights
or delayed coverage until a period has elapsed following
the scheduled conclusion of the event (or the play in the
event on any day). The maximum period which may be set
is follows:

For an event scheduled to finish

Maximum delay

After midnight
08.00

and up to

Edited highlights or delayed
coverage
later
than 10.00

to start not

Between 08.00 and 20.30

Up to 2 hours

Between 20.30 and 22.00

Edited highlights or delayed
coverage
later
than 22.30

to start not

Between 22.00 and 24.00

Up to 30 minutes

18.

In addition to the above, the right to provide live radio
commentary on the event must have been acquired by a
radio station with national coverage or an organisation
providing a sports service to radio stations which form a
national (or near national) network.

19. The situation may arise where a second service is unable
or unwilling to provide adequate secondary coverage or
any secondary coverage
then
all. The
at
consider whether to give its consent
to exclusive live
coverage without secondary coverage and the same or
similar criteria as set out in paragraphs 12 to 16 will
apply.

ITC will

Circumstances in which sanctions might not be imposed

20. Section 104 also requires the ITC to give guidance on the
matters which it will take into account in deciding whether
it
is unreasonable to expect a television programme
provider to comply with the restrictions on broadcasting
live coverage of
listed events and therefore whether
sanctions should be imposed if the restrictions are not
observed. Given the long lead times which are generally
available for offering, selling and acquiring the rights, the
there are very few circumstances in
ITC believes that
to
which it would be reasonable for a broadcaster
proceed with exclusive
ITC’s
consent. A broadcaster who proceeds to broadcast a
listed event
the ITC’s consent and where
this is not in compliance with Section 101(1) will need
to convince the ITC that the period between the rights
becoming available and the event taking place was too
short for this consent to be obtained or that he believed
that belief was based on false
he had complied but
information. In the latter situation, however, the ITC will
need to be convinced that the broadcaster had taken all
reasonable steps to satisfy himself that another broadcaster
providing a service in the other category had acquired the
rights.

coverage without

live without

the

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Procedures for seeking consent

the

and all

21. A request for the ITC’s consent for exclusive live coverage
of a listed event must be made in writing to the ITC’s
Secretary and be accompanied by full reasons and justifi-
supporting
relevant
request
cation for
in advance
information. Requests should be made well
the
(wherever possible, no less than three months) of
event
time to
taking place to give the ITC sufficient
consider whether consent should be given. As a first
step in considering the request
the ITC will normally
issue a public notice inviting any broadcasters providing
a service in the other category from the one to which the
applicant belongs, or rights holders and other interested
parties to comment on the request. Depending on the
response and on the ITC’s own investigations into the

matter, the applicant may be asked to supply additional
information in writing and/or to attend a meeting with
ITC staff.

22. Broadcasters should note that under the Act ITC consent is
needed for exclusive live coverage of Group B events even
if the minimum requirements set out in paragraphs 17 and
18 are met. However, in these circumstances consent will
be given automatically.

23. The ITC will respond as quickly as possible to any request.
The ITC will publish its decisions and its reasons, but, in
doing so, will have regard to the legitimate interest of the
parties in the protection of confidentiality.

[. . .]

January 2000

Appendix 1

UNITED KINGDOM SPORTING EVENTS

GROUP A

The Olympic Games

The FIFA World Cup Finals Tournament

The FA Cup Final

The Scottish FA Cup Final (in Scotland)

The Grand National

The Derby

The Wimbledon Tennis Finals

The European Football Championship Finals Tournament

The Rugby League Challenge Cup Final (*)

The Rugby World Cup Final (*)

GROUP B

Cricket Test Matches played in England

Non-Finals play in the Wimbledon Tournament

All Other Matches in the Rugby World Cup Finals Tournament (*)

Six Nations Rugby Tournament Matches Involving Home Countries (*)

The Commonwealth Games (*)

The World Athletics Championship (*)

The Cricket Word Cup (cid:151) the Final, Semi-finals and Matches Involving Home Nations’ Teams (*)

The Ryder Cup (*)

The Open Golf Championship (*)

NOTE: Restrictions apply to rights acquired after 1 October 1996 except for those events marked by an

asterisk where the relevant date is 25 November 1997.

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LIST OF SERVICES MEETING THE (cid:145)QUALIFYING CONDITIONS(cid:146) AS SET OUT IN THE TELEVISION
REGULATIONS 2000

Appendix 2

CHANNEL 3 (ITV)

CHANNEL 4

BBC 1

BBC 2

[Written answer from the Secretary of State to a Parliamentary Question of Hugh Bayley MP, 25 November
1997]

CULTURE, MEDIA AND SPORT

Sports broadcasting

Mr Bayley: To ask the Secretary of State for Culture, Media and Sport what progress he has made in his
review of the sports events listed under Part IV of the Broadcasting Act 1996; and if he will make a
statement. [17935]

Mr Chris Smith: I have consulted interested parties about the principles which should guide the listing
process, and I am today publishing criteria which I hope will make the process more transparent. I have
also appointed an advisory group of individuals with knowledge of the sporting, broadcasting and public
policy issues involved. The members of the group are:

Lord Gordon of Strathblane (chairman)

Mr Alastair Burt

Mr Jack Charlton

Mr Steve Cram

Kate Hoey, MP

Mr Michael Parkinson

Mr Clive Sherling

Prof. David Wallace

I have invited this group to consider the issues against these published criteria:

(a) Whether events or parts of events should be removed from the list; and

(b) whether other major sporting events should be added to the list.

As an initial step in the process of reviewing the list, the rights holders for the events currently listed and a
number of the other major sports events are being formally consulted, as the 1996 Act requires. The
submissions received from them will be made available to the advisory group.

The rights holders for the following events are to be consulted:

Events currently listed:

The Olympic Games

The FIFA World Cup Finals

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The FA Cup Final

The Scottish FA Cup Final (listed only in Scotland)

Cricket Test Matches involving England

Wimbledon Tennis Tournament (finals weekend only currently listed)

The Grand National

The Derby

Other major sports events:

The Cricket World Cup

The Rugby World Cup

The European Football Championships

The Commonwealth Games

The World Athletics Championship

The British Grand Prix

The Six Nations Rugby Tournament

The Open (golf)

The Ryder Cup

The group may request that other events be included in the review and the rights holders for these events
will be consulted.

The group will begin its work immediately and I expect it to make its recommendations to me before
Easter. I shall then decide what changes, if any, to make to the current list.

[Extracts from a communication by the Ministry for Culture, Media and Sports, 25 November 1997]

[. . .]

3.

The criteria to be used by the review group in their considerations are as follows:

Notes for guidance on the listing of major sports events

In considering whether to list an event, the Secretary of State is required to consult the broadcasting
regulators and the holders of the rights in question. The following note sets out the factors which the
Secretary of State will take into account in deciding whether to list an event.

In order to be eligible to be listed, an event must meet the following main criterion:

(cid:151) the event has a special national resonance, not simply a significance to those who ordinarily follow the
sport concerned; it is an event which serves to unite the nation; a shared point in the national calender.

Such an event is likely to fall into one or both of the following categories:

(cid:151) it is a pre-eminent national or international event in the sport,

(cid:151) it involves the national team or national representatives in the sport concerned.

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An event which satisfies the essential criterion is likely to be considered for listing, but listing of such an
event is not automatic. It is more likely to be listed if it exhibits particular characteristics making listing an
apt response, such as:

(cid:151) it is likely to command a large television audience,

(cid:151) it has a history of being broadcast live on free-to-air services.

In considering whether to list such an event, the Secretary of State will have regard to other factors
affecting the likely costs and benefits to the sport concerned, to the broadcasting industry and to viewers,
such as:

(cid:151) whether it is practical to offer full live coverage on a general channel (cid:151) extended events such as
season-long championships involving many matches will not normally be listed in their entirety,

(cid:151) the impact of listing in reducing the income or potential income of the sport, and the consequences of
that reduction for its investment in increasing participation and/or improving levels of performance
and/or in creating safe facilities,

(cid:151) the likely impact of listing on the broadcasting market, including future investment in sports broad-

casting, the level of competition and the position of public service broadcasters,

(cid:151) whether there are arrangements to ensure that access to the event is available to all viewers by means

of highlights, delayed coverage and/or radio commentary.

In considering events for listing, the Secretary of State will have regard to these other factors cumulatively.
No single factor automatically commands listing as a response, nor does failure to meet an individual
criterion disqualify an event from consideration.

The Secretary of State made his announcement in a Written Answer to a Parliamentary Question

4.
from Hugh Bayley MP (City of York).

[Written answer from the Secretary of State to a Parliamentary Question of Gareth R. Thomas MP, 25 June
1998]

CULTURE, MEDIA AND SPORT

Listed sporting events

Mr Gareth R. Thomas: To ask the Secretary of State for Culture, Media and Sport if he will make a
statement about the outcome of his review of major events listed under Part IV of the Broadcasting Act
1996. [47969]

Mr Chris Smith: My review of the list is now complete. I have conducted it in the light of the criteria
which I published last year. I consulted widely on the criteria and the content of the list and I have
carefully considered the many representations made to me. I have accepted the general principles of the
report produced by the Advisory Group chaired by Lord Gordon of Strathblane.

With immediate effect, I am revising the list of events under Part IV of the Broadcasting Act 1996.

I am retaining the following events on the list, requiring live coverage to be made available to free-to-air
terrestrial television broadcasters (in Catagory A as specified in the 1996 Act):

The Olympic Games

The FIFA World Cup Finals Tournament

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The FA Cup Final

The Scottish FA Cup Final (in Scotland)

The Grand National

The Derby

The Wimbledon Tennis Finals.

I am adding the following events to the list on the same basis:

The European Football Championship Finals Tournament

The Rugby League Challenge Cup Final

The Rugby World Cup Final.

After careful consideration of the Advisory Group’s recommendations, I have concluded that a number of
the matches in the World Cup and European Championships football qualifying tournaments meet the
criteria for listing. I believe that it is important that crucial ties in these competitions should be available to
all viewers and therefore intend to seek Europe-wide arrangements for protecting free-to-air live broadcasts
of crucial matches in these competitions.

I am also listing some further events on a different understanding. For these events, I have recommended
to the Independent Television Commission that live coverage might be allowed to be shown exclusively by
a Category B broadcaster (as specified in the 1996 Act), provided there are satisfactory arrangements for
secondary coverage by a Category A broadcaster. I have asked the ITC to consider setting a minimum
acceptable standard for such secondary coverage, to include some combination of delayed full coverage,
highlights and live radio commentary.

The events I am listing on this understanding are:

Cricket Test Matches played in England

Non-Finals play in the Wimbledon Tournament

All Other Matches in the Rugby World Cup Finals Tournament

Six Nations Rugby Tournament Matches Involving Home Countries

The Commonwealth Games

The World Athletics Championship

The Cricket World Cup (cid:151) the Final, Semi-finals and Matches Involving Home Nations Teams

The Ryder Cup

The Open Golf Championship.

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OVERVIEW OF EVENTS LISTED BY MEMBER STATES UNDER ARTICLE 3a OF DIRECTIVE 97/36/EC

DENMARK

ITALY

UNITED KINGDOM

GERMANY

Olympic Games in their entirety
(summer and winter)

Olympic Games
winter)

(summer and

Group A (full
protected)

live coverage

Olympic Games
winter)

(summer

and

World and European football cham-
pionships (men): all matches with
Danish participation,
semi-finals
and finals

and

European

World
handball
championships (men and women):
all matches with Danish partici-
pation, semi-finals and finals

Denmark’s world and European
championship qualifying matches
in football (men)

Denmark’s World and European
championship qualifying matches
in handball (women)

The football World Cup final and
all matches involving the Italian
national team

The European football Cham-
pionship final and all matches
involving
Italian national
team

the

All matches involving the Italian
national football team, at home
and away, in official competitions

The final and the semi-finals of
the football Champions League
and the UEFA Cup where an
Italian team is involved

The Olympic Games
and winter)

(summer

The FIFA World Cup Finals Tour-
nament

European

The
football Cham-
pionship and the football World
Cup: all matches with German
participation, opening game, semi-
finals and final

The European Football Cham-
pionship Finals Tournament

The FA Cup Final

The Scottish FA Cup Final
Scotland)

(in

The Grand National Steeplechase

The Derby

German football Cup (Vereinspokal
des Deutschen
Fu(cid:223)ball-Bundes):
semi-finals and final

Matches
national
and away

involving
football

the German
team: at home

Champions
League, UEFA-Cup:
where a German team is involved

The Tour of Italy (Giro d’Italia)
cycling competition

The Wimbledon Tennis Tour-
nament Finals

The Formula One Italian Grand
Prix

The Rugby League Challenge Cup
Final

The San Remo Italian music
festival

The Rugby World Cup Final

Group B (adequate secondary
coverage protected)

Cricket
England

test matches played in

Non-Finals
Wimbledon Tennis Tournament

play

in

the

All other matches in the Rugby
World Cup Finals Tournament

Six Nations Rugby tournament
Home
involving
matches
(England,
teams
Nations’
Scotland,
Northern
Wales,
Ireland)

The Commonwealth Games

The World Athletics Cham-
pionship

the

semi-finals,

The Cricket World Cup (cid:151) the
finals,
and
Home
matches
(England,
Nations’
Northern
Scotland,
Ireland)

involving
teams
Wales,

The Ryder Cup

The Open Golf Championship