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17.7.2012 Official
Journal
of
the
European
Union L
187/57
COMMISSION DECISION
of 21 December 2011
on the capability with EU law of measures to be taken by Italy pursuant to Article 14 Directive
2010/13/EU of the European Parliament and of the Council on the coordination of certain
provisions laid down by law, regulation or administrative action in Member States concerning
the provision of audiovisual media services (Audiovisual Media Services Directive)
(2012/394/EU)
THE EUROPEAN COMMISSION,
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)
Having regard to the Treaty on the Functioning of the European
involvement of the national team in the event concerned
Union,
in the context of a competition or tournament of inter
national importance; and (iv) the fact that the event has
Having regard to Directive 2010/13/EU of the European
traditionally been broadcast on free television and has
Parliament and of the Council of 10 March 2010 on the coor
commanded large television audiences.
dination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the
provision of audiovisual media services (Audiovisual Media
(6) MotoGP
Grand
Prix
is
an
event
that
enjoys
particular
Services Directive) ( 1 ), and in particular Article 14(2) thereof,
popularity which is widespread throughout Italy and
also interests audiences who would not normally
follow it, precisely because of the involvement of
Whereas:
Italian riders and manufacturers in an international tour
nament of major importance. It has also been tradi
(1) By
letter
of
20
September
2011,
received
by
the
tionally broadcast on free-to-air television and
Commission on 21 September 2011, Italy notified to
commanded high viewing figures.
the Commission measures to be taken pursuant to
Article 14(1) of Directive 2010/13/EU, aimed at inte
grating, updating and amending the measures currently
(7) The
finals
and
semi-finals
of
the
world
championships
in force, approved by the Commission by its Decision of
for basketball, water polo and volleyball featuring the
25 June 2007 (
Italian national team, apart from fulfilling the criterion

2 ).
of a national team involved in an international tour
nament of major importance, generate a particular and
(2) The
Commission
verified,
within
a
period
of
three
widespread interest in Italy, even for audiences that do
months from this notification, that such measures are
not usually follow these disciplines, and they have tradi
compatible with Community law, in particular with
tionally been broadcast on free-to-air television with a
regard to the proportionality of the measures and the
wide television audience.
transparency of the national consultation procedure.
(8) The
Rugby
World
Cup
matches
which
feature
the
Italian
(3) In
its
examination,
the
Commission
took
into
consideration the available data on the Italian media
national team, apart from fulfilling the criterion of a
landscape.
national team involved in an international tournament

of major importance, have a special and widespread
resonance in Italy and also interest an audience that
(4)
The amended list of events of major importance for
does not normally follow this sport.
society included in the Italian measures was drawn up
in a clear and transparent manner, and a far-reaching
consultation had been launched in Italy on the
(9) Six
Nations
rugby
matches
played
by
the
Italian
national
amendment of the previous list.
team, apart from fulfilling the criterion of a national
team involved in an international tournament of major
importance, have a special and widespread resonance in
(5) The
Commission
was
satisfied
that
the
new
events
listed
Italy and also interest an audience that does not normally
in the Italian measures met at least two of the following
follow this sport, and they have traditionally been
criteria considered to be reliable indicators of the
broadcast on free-to-air television with increasingly
importance of events for society: (i) a special general
significant audience figures.
resonance within the Member State, and not simply a
significance to those who ordinarily follow the sport or
(10) The semi-finals and final of the Davis Cup and of the Fed
( 1 ) OJ L 95, 15.4.2010, p. 1
Cup which feature the Italian national team, apart from
( 2 ) Commission Decision 2007/475/EC of 25 June 2007 on the
fulfilling the criterion of a national team involved in an
compatibility with Community law of measures taken by Italy
international tournament of major importance, have a
pursuant to Article 3a(1) of Council Directive 89/552/EEC on the
particular and widespread resonance in Italy and
coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the pursuit of
interest audiences that would not normally follow this
television broadcasting activities (OJ L 180, 10.7.2007, p. 5).
sport.

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L 187/58
EN
Official Journal of the European Union
17.7.2012
(11) The
final
and
semi-finals
of
the
Internazionali
d’Italia
threshold of the required coverage of the population for
tennis tournament which feature Italian tennis players,
qualifying broadcasters from 90 % to 80 % increases the
apart from involving Italians in an international tour
proportionality of the measures, in so far as it increases
nament of major importance, have a particular and wide
the number of broadcasters who potentially qualify.
spread resonance in Italy and interest audiences that
Secondly, a voluntary mechanism has been introduced
would not normally follow this sport, partly because of
for the resolution of disputes between broadcasters as
where it takes place. The special resonance of this event
regards the definition of the technical broadcasting
is confirmed by the viewing figures, which show an
modalities and the payment of fair compensation for
apparent increase in the public’s interest and passion
the sub-licensing of exclusive broadcasting rights.
for the sporting discipline in recent years.
Thirdly, the entry into force of the final Italian
measures will be postponed to 1 September 2012, in
(12) The
Road
Cycling
World
Championships
(men’s
profes
order to ensure that any ongoing negotiations are not
sional race) have a particular and widespread resonance
adversely affected. Finally, the Italian measures make
in Italy and interest people other than those who
provision for situations in which the rights to the
normally follow this type of event, also because of the
events listed are purchased by non-qualifying broad
involvement of Italian athletes, and they have tradi
casters, in order to ensure appropriate arrangements for
tionally been broadcast on free-to-air television with
sub-licensing of rights to qualifying broadcasters, and for
high viewing figures.
situations in which there might be no qualifying buyers
for the events listed, in order to ensure that the non-
qualifying broadcaster is able to exercise its rights so as
(13) The first performance of the opera season at the La Scala
to avoid a situation in which the event listed would not
Theatre in Milan enjoys a special and widespread
be broadcast at all.
resonance in Italy and interests people other than those
who would normally follow this type of event, and it has
a generally recognised particular cultural importance in
(18) The
Commission communicated the measures to be
Italy, and acts as a catalyst of Italian cultural identity.
taken notified by Italy to the other Member States and
presented the results of this verification at the meeting of
(14) The
New
Year’s
Concert
broadcast
from
the
La
Fenice
the Committee established pursuant to Article 29 of
Theatre in Venice has a particular and widespread
Directive 2010/13/EU. The Committee adopted a
resonance in Italy and interests people other than those
favourable opinion at this meeting,
who would normally follow this type of event, it has a
generally recognised particular cultural importance in
HAS DECIDED AS FOLLOWS:
Italy, acts as a catalyst of Italian cultural identity, and it
has traditionally been broadcast on free-to-air television
with high viewing figures.
Sole Article
1. The
measures
to
be
taken
by
Italy,
pursuant
to
(15) The
Italian
measures
appear
proportionate
to
justify,
by
Article 14(1) of Directive 2010/13/EU, and notified to the
the overriding reason of public interest in ensuring wide
Commission pursuant to Article 14(2) of Directive 2010/13/EU
public access to broadcasts of events of major
on 21 September 2011, are compatible with Union law.
importance for society, the derogation from the funda
mental freedom to provide services laid down in
Article 56 TFEU.
2. The
measures,
as
finally
taken
by
Italy,
will
be
published
in the Official Journal of the European Union as soon as they are
(16) The Italian measures are also compatible with EU
adopted at national level and notified to the Commission. This
competition rules in so far as the definition of the qual
shall constitute the publication provided for in Article 14(2) of
ifying broadcasters for the broadcasting of listed events
Directive 2010/13/EU.
relies on objective criteria (required coverage), which
allow actual and potential competition for the acquisition
of the rights to broadcast these events. In addition, the
number of listed events is not so disproportionate as to
Done at Brussels, 21 December 2011.
distort competition on the downstream free television
and pay television markets.
For the Commission
(17) The general proportionality of the Italian measures is
Neelie KROES
supported by several factors. First, the lowering of the
Vice-President

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EN
17.7.2012 Official
Journal
of
the
European
Union L
187/59
ANNEX
Publication pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down
by law, regulation or administrative action in Member States concerning the provision of audiovisual media
services (Audiovisual Media Services Directive)
The measures taken by Italy, to be published in accordance with Article 14 of Directive 2010/13/EU, are set out in the
following extracts of Decision No 131/12/CONS of the Communications Authority of 15 March 2012:
'HAS DECIDED AS FOLLOWS:
Sole Article
1. The Authority hereby adopts the list of events of particular importance for society that must be broadcast on
free-to-air channels in accordance with Article 32b of the consolidated text on radio and audiovisual media services, set
out in Annexes A and B, which constitute integral parts of the present Decision.
2. This Decision shall enter into force on 1 September 2012 and shall be published in the Official Gazette of the
Italian Republic and the Authority’s website and, for Annex A only, in the Official Journal of the European Union.
Rome, 15 March 2011 ( 1 )
President
Commissioner rapporteur
Commissioner rapporteur
Certifying conformity with the decision
The Secretary-General
Corrado CALABR
Nicola D’ANGELO
Antonio MARTUSCIELLO
Roberto VIOLA'
( 1 ) This is a typographical error: the date should read 15 March 2012 as in the version published in the Italian Official
Gazette — General Series — No 92 of 19 April 2012.

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L 187/60
EN
Official Journal of the European Union
17.7.2012
COMMUNICATIONS AUTHORITY
[Autorità per le Garanzie nelle Comunicazioni]
‘ANNEX A TO DECISION No 131/12/CONS OF 15 MARCH 2012
LIST OF EVENTS OF PARTICULAR IMPORTANCE FOR SOCIETY THAT MUST BE BROADCAST ON
FREE-TO-AIR CHANNELS
(text with Community relevance)
Article 1
Events of major importance for society
1. This Decision concerns the television broadcasting of events considered of major importance for society.
2. For
the
purposes
of
this
list:
A. 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, including to persons other than those
who usually watch this type of event;
(b) the event enjoys widespread recognition by the general public, has particular cultural significance and strengthens
Italian cultural identity;
(c) the event involves the 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.
B. A “qualifying broadcaster” means a television broadcaster subject to Italian jurisdiction capable of guaranteeing that at
least 80 % of the Italian population may follow these events on a free-to-air channel without additional costs.
Article 2
List of events and conditions for the exercise of broadcasting rights
1. The Authority has established the following lists of events considered of major importance for society that
broadcasters subject to Italian jurisdiction may not transmit on an exclusive basis and in encrypted form only, in
order to ensure that at least 80 % of the Italian population may follow them on a free-to-air channel without additional
costs:
(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 semi-finals of the Champions League and the Europa League when an Italian team is involved;
(f) the Giro d’Italia (Tour of Italy) cycling race;
(g) the Italian Formula One Grand Prix;
(h) the Italian MotoGP Grand Prix;
(i) the finals and semi-finals of the world championships of basketball, water polo, volleyball and rugby when the Italian
national team is involved;
(j) Six
Nations
rugby
matches
involving
the
Italian
national
team;
(k) the final and semi-finals of the Davis Cup and the Fed Cup when the Italian national team is involved and of the
Italian Open tennis tournament when Italian players are involved;
(l) the
bicycle
road
racing
world
championship;
(m) the Sanremo Italian music festival;
(n) the opening night of the opera season at La Scala in Milan;
(o) the New Year concert at La Fenice in Venice.

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EN
17.7.2012 Official
Journal
of
the
European
Union L
187/61
2. The events referred to in points (b) and (c) in paragraph 1 must be broadcast live in full. For the other events,
television broadcasters may decide on the manner of free-to-air broadcasting, with the option of broadcasting live in full
or in part or deferred in full or in part.
3. Where
the
broadcasting
rights
for
one
or
more
of
the
events
referred
to
in
paragraph
1
are
acquired
by
a
non-
qualified broadcaster, the latter shall, a reasonable period in advance, publish on its website its proposal to cede, on fair,
reasonable and non-discriminatory market conditions, rights allowing the event to be broadcast under the conditions
referred to in paragraph 1, simultaneously notifying it to the Authority.
4. If no qualified broadcaster submits a bid, or if bids submitted are not based on fair, reasonable and non-discrimi
natory market conditions, the broadcaster holding the rights may exercise them, derogating from the conditions under
paragraph 1.
5. The Authority reserves the right to amend, after an appropriate period, its Decision, the list in paragraph 1 and the
conditions in paragraph 2.
Article 3
Procedure for disputes
1. In the event of disputes between broadcasters concerning the broadcasting of an event included in the list in
Article 2(1) as regards the technical arrangements for broadcasting and the payment of a fair fee for the sub-licensing of
exclusive broadcasting rights, the procedural rules laid down in the Regulation annexed to Decision No 352/08/CONS
shall apply, with the powers attributed by that Regulation to the Committee for Infrastructure and Networks being
understood as being attributed to the Council, the “Directorate” being understood as the Media Services Directorate and
the “Director” being understood as the Director of the Media Services Directorate.’

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