2007/481/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Finland 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, Finland, audiovisual communications policy, broadcasting, cultural event, sporting event, television

L 180/38

EN

Official Journal of the European Union

10.7.2007

COMMISSION DECISION

of 25 June 2007

on the compatibility with Community law of measures taken by Finland 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

(2007/481/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 89/552/EEC of 3 October
1989 on the coordination 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:

received by the
By letter of 22 September 2006,
Commission on 2 October 2006, Finland notified to
the Commission measures
to
Article 3a(1) of Directive 89/552/EEC.

to be taken pursuant

The Commission verified, within a period of
three
months from this notification, that such measures are
compatible with Community law,
as
in particular
the measures and the
regards the proportionality of
transparency of the national consultation procedure.

(ii) a generally recognised, distinct
activity concerned;
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.

(6)

(7)

A number of the events listed in the Finnish measures,
including the summer and winter Olympic Games, the
opening match, quarter-finals, semi-finals and final of the
World Cup as well as the matches of the Finnish team in
that tournament, fall within the category of events tra-
ditionally considered of major importance for society, as
referred to explicitly in recital 18 of Directive 97/36/EC.
These events have a special general resonance in Finland,
as they are particularly popular with the general public,
not just with those who usually follow sport events.

The men’s Ice Hockey World Championships, organised
by the International Ice Hockey Federation (IIHF), have a
special general resonance, as ice hockey is played actively
by the Finnish people, and a generally recognised, distinct
cultural importance for the Finnish population in view of
the great success of the Finnish team in this international
tournament. Because of their specific organisation, the Ice
Hockey World Championships should be treated as a
single event in which matches between other countries
also affect the position of teams against which Finland
must or may play and the overall result.

In its examination, the Commission took into consider-
ation the available data on the Finnish media landscape.

(8)

The list of events of major
importance for society
included in the Finnish measures was drawn up in a
clear and transparent manner and a far-reaching consul-
tation had been launched in Finland.

The Commission was satisfied that the events listed in
the Finnish 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

(9)

(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).

The Nordic World Ski Championships (cross-country
skiing, ski
jumping and Nordic combined), organised
by the International Ski Federation (FIS), have a special
general resonance and a generally recognised, distinct
the Finnish population as a
cultural
catalyst of cultural identity, as Nordic skiing enjoys the
status of a national sport in Finland.

importance for

The listed athletics events, namely the World Cham-
pionships in Athletics, organised by the International
Association of Athletics Federations
(IAAF), and the
European Athletics Championships, organised by the
European Athletics Association (EAA), have a generally
recognised, distinct cultural
importance for the Finnish
population as a catalyst of cultural identity, as the top
Finnish athletes representing Finland internationally in a
wide range of individual disciplines are among the world
elite in their specialities.

(1)

(2)

(3)

(4)

(5)

10.7.2007

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Official Journal of the European Union

L 180/39

(10)

(11)

(12)

(13)

(14)

The listed events have traditionally been broadcast on
free television and have commanded large television
audiences.

The Finnish measures appear proportionate so as to
justify a 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 Finnish measures are compatible with EC compe-
tition rules in that the definition of qualified broadcasters
for the broadcasting of listed events relies on objective
criteria that allow actual and potential competition for
the acquisition of the rights to broadcast these events. In
addition,
listed events is not dispro-
portionate so as to distort competition on the down-
stream free television and pay-television markets.

the number of

The proportionality of the Finnish measures is reinforced
by the fact that they have no retroactive effect and thus
have no impact on the exercise of the broadcasting rights
to listed events acquired before the date of their entry
into force.

Directive 89/552/EEC of 15 November 2006. The
Committee adopted a favourable opinion at this meeting.

(15)

The Finnish measures were adopted on 22 February
2007 and entered into force on 1 March 2007,

HAS DECIDED AS FOLLOWS:

Article 1

The measures pursuant to Article 3a(1) of Directive 89/552/EEC
notified by Finland to the Commission on 22 September 2006
are compatible with Community law.

Article 2

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

Done at Brussels, 25 June 2007.

The Commission communicated the measures notified by
Finland to the other Member States and presented the
results of
the
to Article 23a of
Committee

this verification at
established pursuant

the meeting of

For the Commission

Viviane REDING
Member of the Commission

L 180/40

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Official Journal of the European Union

10.7.2007

ANNEX

Publication pursuant to 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 Finland to be published pursuant to Article 3a(2) of Directive 89/552/EEC are as follows:

‘GOVERNMENT DECREE ON

Television broadcasting of events of importance for society

Adopted in Helsinki on 22 February 2007

In accordance with the Government decision made on the submission of the Ministry of Transport and Communications,
the following is enacted by virtue of section 20(3) of the Act on Television and Radio Operations (744/1998) given on 9
October 2003, as amended by Act No 394/2003:

Section 1

Events of importance for society

The following events are of importance for society in Finland, as referred to in Section 20(3) of the Act on Television and
Radio Operations (744/1998):

1. The Summer and Winter Olympic Games, organised by the International Olympic Committee;

2. The opening match, quarter-finals, semi-finals and final of the Football World Cup, organised by FIFA (the Fédération

Internationale de Football Association), and the matches of the Finnish team;

3. The opening match, quarter-finals, semi-finals and final of the European Football Championships, organised by UEFA

(Union of European Football Associations), and the matches of the Finnish team;

4. The men’s Ice Hockey World Championships, organised by the International Ice Hockey Federation (IIHF);

5. The Nordic World Ski Championships, organised by the International Ski Federation (FIS);

6. The World Championships in Athletics, organised by the International Association of Athletics Federations (IAAF);

7. The European Athletics Championships, organised by the European Athletics Association (EAA).

The opening match, semi-finals and final of the Football World Cup, and the matches of the Finnish team, the opening
match, semi-finals and final of the European Football Championships, and the matches of the Finnish team, the semi-
finals and final of the men’s Ice Hockey World Championships, and the matches of the Finnish team, as referred to in
subsection 1 above, must be broadcast wholly live.

Other events referred to in subsection 1 may be broadcast wholly or partially live or deferred.

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Official Journal of the European Union

L 180/41

Section 2

This Decree enters into force on 1 March 2007.

This Decree shall not apply to exclusive rights purchased before the entry into force of this Decree.

Helsinki, 22 February 2007.

Susanna HUOVINEN
Minister of Transport and Communications

Ismo KOSONEN
Director of Unit’