91997E3786

WRITTEN QUESTION E-3786/97 by John Iversen (PSE) to the Commission (26 November 1997)

Subject: Sports broadcasting rights

Can the Commission confirm or deny that a Danish bill, which would grant two nationwide state TV stations sole rights to broadcast major national sporting events, conflicts with the EU directive? A private commercial channel had earlier bought the rights to broadcast sporting events and now claims that the Danish bill is contrary to Article 90 of the EC Treaty. The private channel can be received throughout the country, but only by cable or satellite dish.

Answer given by Mr Van Miert on behalf of the Commission (8 January 1998)

According to Article 3A of Directive 89/552/EEC, as amended by 97/36/EC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities ((OJ L 202, 30.7.1997. )) each Member State may take measures in accordance with Community law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such event via live or deferred coverage on free television. Such measures shall be immediately notified to the Commission. The Commission shall within three months from the notification verify that the measures are compatible with Community law. It shall seek the opinion of the contact committee set up by Article 23 A of the Directive.

The Commission has not yet received a notification from the Danish authorities pursuant to the Directive. It is consequently not possible for the Commission to express any opinion on the compatibility under Community law and in particular, with Article 90 of the EC Treaty or with the Directive itself, of the measures to be taken by the Danish government.