WRITTEN QUESTION E-3912/02 by Dirk Sterckx (ELDR) to the Commission. UEFA exclusive contracts and the right to information and press freedom.
Date: 2003-01-14
Institutions: European Parliament, Provisional data
Subjects: broadcasting, competition law, exclusive distribution agreement, law relating to information, professional sport, right to information, sports body, television

C 155 E/204

Official Journal of the European Union

EN

3.7.2003

Article 251 of the EC Treaty, and the results of voting and summary records of the meetings and lists of
the authorities and organisations to which the persons designated by the Member States to represent them
belong. The European Parliament is also kept informed whenever the Commission transmits to the Council
measures or proposals for measures to be taken

(1) Due to be published in the Official Journal.
(2) OJ 2002/S 242-192453, 13.12.2002.
(3) Proposal for a Decision of the European Parliament and of the Council establishing the European Year of Education

through Sport 2004 (cid:1) OJ C 25 E, 29.1.2002.

(4) OJ L 184, 17.7.1999.

(2003/C 155 E/224)

WRITTEN QUESTION E-3912/02

by Dirk Sterckx (ELDR) to the Commission

(14 January 2003)

Subject: UEFA exclusive contracts and the right to information and press freedom

The exclusive contracts which UEFA has concluded with television companies are greatly restricting the
opportunities open to regional television companies which do not have such contracts, particularly as the
latter not only apply to matches themselves, but also prohibit the filming of footage of the area around
stadiums and the spectators.

Are not exclusive contracts with such far-reaching provisions at odds with the freedom to gather news?

Does the Commission take the view that the provisions of such contracts represent a breach of the right to
press freedom and/or the right to information?

If so, what measures does the Commission plan to take?

Answer given by Mrs Reding on behalf of the Commission

(7 February 2003)

The Commission is aware of the issue raised by the Honourable Member.

At this stage of development of Community law, it is up to the Member States to regulate the access to
news, taking into account the relevant Community law instruments on intellectual property (which in turn
take into account the fundamental right of freedom of expression as laid down by Article 11 of the EU
Charter of Fundamental Rights (1)).

In the Work Program annexed to the Commission’s Fourth Application Report on the Directive ‘Television
without Frontiers’ (2), the Commission has announced its intention to reflect on the question of whether
there are grounds for introducing, in future, provisions on access to short extracts of events subject to
exclusive rights.

Bearing in mind the interests at stake (event organisers, rights holders, agencies, television broadcasting
bodies, the public) and taking into account the fact that some Member States have already adopted specific
provisions on the subject, this question will be adressed with a view to analysing whether the absence of
Community provisions creates obstacles to the internal market.

(1) Article 11 of the EU Charter of Fundamental Rights reads as follows:

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to
receive and impart information and ideas without interference by public authority and regardless of frontiers.

(2)

2. The freedom and pluralism of the media shall be respected.
Fourth Report on the Application of Directive 89/552/EEC ‘Television without Frontiers’, COM(2002) 778 final,
http://europa.eu.int/comm/avpolicy/regul/twf/applica/comm2002_778final_en.pdf.