2007/475/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Italy pursuant to Article 3a(1) 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
Date: 2007-06-25
Institutions: European Commission
Subjects: EU law - national law, Italy, audiovisual communications policy, broadcasting, cultural event, sporting event, television

10.7.2007

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Official Journal of the European Union

L 180/5

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 25 June 2007

on the compatibility with Community law of measures taken by Italy pursuant to Article 3a(1) of
Council Directive 89/552/EEC on the coordination of certain provisions laid down by law,
television
regulation or administrative action in Member States concerning the pursuit of

broadcasting activities

(2007/475/EC)

(4)

(5)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 89/552/EEC on the coordi-
nation of certain provisions laid down by law, regulation or
administrative action in Member States concerning the pursuit
of television broadcasting activities (1), and in particular Article
3a(2) thereof,

Having regard to the opinion of the Committee established
pursuant to Article 23a of Directive 89/552/EEC,

Whereas:

(1)

(2)

(3)

By letter of 10 May 1999,
Commission measures
pursuant to Article 3a(1) of Directive 89/552/EEC.

Italy notified to the
taken on 9 March 1999

(6)

The Commission verified, within three months from this
notification, whether such measures are compatible with
Community law,
the pro-
in particular as
the measures and the transparency of
portionality of
the national consultation procedure.

regards

In its examination,
sideration the available data on the
landscape.

the Commission took into con-
Italian media

(1) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive
97/36/EC of the European Parliament and of the Council (OJ L 202,
30.7.1997, p. 60).

importance for society
The list of events of major
included in the Italian measures was drawn up in a
clear and transparent manner.

The Commission was satisfied that the events listed in
the Italian measures met at least two of the following
criteria considered to be reliable indicators of
the
importance of events for society:
(i) a special general
resonance within the Member State, and not simply a
significance to those who ordinarily follow the sport or
activity concerned;
(ii) a generally recognised, distinct
cultural
importance for the population in the Member
State, in particular as a catalyst of cultural identity; (iii)
involvement of the national team in the event concerned
in the context of a competition or tournament of inter-
national importance; and (iv) the fact that the event has
traditionally been broadcast on free television and has
commanded large television audiences.

A significant number of the events listed in the Italian
measures,
including the summer and winter Olympic
games, the World Cup and the European Championship
football matches involving the Italian national team, as
well as the finals of these tournaments, fall within the
category of events traditionally considered to be of major
importance for society, as referred to explicitly in recital
18 of Directive 97/36/EC. These events have a special
they are particularly
general
popular with the general public, not
just with those
who usually follow sport events. Moreover, they have a
generally recognised, distinct cultural importance for the
Italian population, given their important contribution to
understanding between peoples and the importance of
sport
for the Italian society as a whole and for the
national pride, as they provide the occasion for top
Italian sportsmen to succeed in these most important
international competitions.

resonance in Italy, as

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Official Journal of the European Union

10.7.2007

(7)

(8)

(9)

(10)

(11)

(12)

The other listed football events have a special general
resonance in Italy and have a generally recognised,
distinct cultural
importance for the Italian population,
given the importance of football for the Italian society
as a whole and for the national pride, as they provide the
occasion for Italian teams to succeed in top-level football
matches attracting international attention.

The Giro d’Italia has a special general resonance in Italy
and a generally recognised, distinct cultural importance
as a catalyst of national cultural
identity, not only
because of
its importance as a highlevel sports event
but also as an occasion to promote the country of Italy.

The special general resonance in Italy and the generally
recognised, distinct cultural
importance of the Formula
One Italian Grand Prix for the Italian population results
from the great success of Italian cars in Formula One
races.

The San Remo Italian music festival has a special general
resonance in Italy and has a generally recognised, distinct
identity as a
cultural
importance for
‘popular culture’ event
the Italian
cultural tradition.

Italian cultural
forming part of

The Italian measures appear proportionate so as to justify
a the derogation from the fundamental EC Treaty
freedom to provide services on the basis of an overriding
reason of public interest, which is to ensure wide public
access to broadcasts of events of major importance for
society.

The Italian measures are compatible with EC competition
rules in that the definition of qualified broadcasters for
the broadcasting of listed events is based on objective
criteria which allow actual and potential competition
for
these
events. In addition, the number of listed events is not
disproportionate so as to distort competition on the
downstream free television and pay-television markets.

the rights to broadcast

the acquisition of

(13) After communication by the Commission to the other
Member States of the Italian measures and consultation
of the Committee established pursuant to Article 23a of
Directive 89/552/EEC, the Director-General for Education
and Culture informed Italy, by letter of 5 July 1999, that
the European Commission did not intend to object to the
measures notified.

(14) On 7 September 1999, an amendment to the Italian
to the Commission. This
to the

introduce any changes

measures was notified
amendment did not
events listed.

(15)

(16)

Journal of

the European Communities (1)

The Italian measures were published in the C Series of
the Official
in
accordance with Article 3a(2) of Directive 89/552/EEC.
The corrigendum to that publication was subsequently
published in the C Series of the Official
Journal of the
European Communities (2).

follows from the judgment of

the Court of First
It
Instance in Case T-33/01, Infront WM v Commission,
that
to
the declaration that measures taken pursuant
Article 3a(1) of Directive 89/552/EEC are compatible
with Community law constitutes a decision within the
meaning of Article 249 of the EC Treaty, which must
therefore be adopted by the Commission. Accordingly, it
is necessary to declare by this Decision that the measures
notified by Italy are compatible with Community law.
The measures, as set out in the Annex to this Decision,
should be published in the Official Journal in accordance
with Article 3a(2) of Directive 89/552/EEC,

HAS DECIDED AS FOLLOWS:

Article 1

The measures pursuant to Article 3a(1) of Directive 89/552/EEC
notified by Italy to the Commission on 10 May 1999, as
published in the Official
the European Communities
Journal of
C 277 of 30 September 1999 (corrigendum in the Official
Journal of the European Communities C 208 of 26 July 2001),
are compatible with Community law.

Article 2

The measures, as set out in the Annex to this Decision, shall be
in accordance with Article
Journal
published in the Official
3a(2) of Directive 89/552/EEC.

Done at Brussels, 25 June 2007.

For the Commission

Viviane REDING
Member of the Commission

(1) OJ C 277, 30.9.1999, p. 3.
(2) OJ C 208, 26.7.2001, p. 27.

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Official Journal of the European Union

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ANNEX

Publication 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

The measures taken by Italy to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the
following extracts from Decision No 8/1999 of the Communications Authority of 9 March 1999, as amended by its
Decision No 172/1999 of 28 July 1999:

‘Article 1

1. This Decision concerns television broadcasting of events considered of major importance to society.
2. An “event of major importance to society” 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 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 jurisdiction on an exclusive basis and in
in order to make it possible for a substantial proportion (more than 90 %) of the Italian
encrypted form,
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;

(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;

(h) the San Remo Italian music festival.

2. The events referred to in paragraph 1(b) and (c) above are to be given full live coverage. For the other events, the

television broadcasters are free to decide on the arrangements for unencrypted transmission.’