31999Y0930(01)

Publication in accordance with 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)

(1999/C 277/03)

The measures taken pursuant to Article 3(a)(1) of the Directive and notified to the Commission in accordance with the procedure laid down in Article 3(a)(2) by Italy are set out in the following extracts from Decision No 8/1999 of the Communications Authority adopted on 9 March 1999:

Article 1

1. This Decision concerns television broadcasting of events considered of major importance for society.

2. An "event of major importance for 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 the 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 encoded form, in order to make it possible for a substantial proportion (more than 90 %) of the Italian 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 televisions broadcasters are free to decide on the arrangements for unencoded transmission.

Decision No 8/1999 of the Communications Authority, the full text of which was published in the Official Gazette of the Italian Republic of 24 May 1999 (No 119, pp. 27 and 28), also contains the following provisions:

3. The Authority reserves the right to amend, in due course, the list laid down in paragraph 1, in particular by including the following events:

(a) finals of basketball, water polo and volleyball world championships involving the Italian national team;

(b) the final and semi-finals of the Davis Cup where the Italian national team is involved;

(c) the road-cycling world championship.

4. For the events referred to in paragraph 3, the television broadcasters are free to decide on the arrangements for unencoded transmission.

5. The Authority reserves the right to revise the lists laid down in paragraphs 1 and 3 after two years following the entry into force of this Decision.

Article 3

1. This Decision shall be communicated to the European Commission and published in the Official Gazette of the Italian Republic and the Official Bulletin of the Communications Authority.

2. This Decision shall enter into force the day after its publication in the Official Gazette of the Italian Republic.

(1) OJ L 298, 17.10.1989, p. 23.

(2) OJ L 202, 30.7.1997, p. 60.