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Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom 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 (Text with EEA relevance) (2007/730/EC)

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Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom 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 (Text with EEA relevance) (2007/730/EC), Culture, media and sport is up to date with all changes known to be in force on or before 23 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Culture, media and sportU.K.

Sports broadcastingU.K.

Mr Bayley: To ask the Secretary of State for Culture, Media and Sport what progress he has made in his review of the sports events listed under Part IV of the Broadcasting Act 1996; and if he will make a statement.

Mr Chris Smith: I have consulted interested parties about the principles which should guide the listing process, and I am today publishing criteria which I hope will make the process more transparent. I have also appointed an advisory group of individuals with knowledge of the sporting, broadcasting and public policy issues involved. The members of the group are:

  • Lord Gordon of Strathblane (chairman)

  • Mr Alastair Burt

  • Mr Jack Charlton

  • Mr Steve Cram

  • Kate Hoey, MP

  • Mr Michael Parkinson

  • Mr Clive Sherling

  • Prof. David Wallace

I have invited this group to consider the issues against these published criteria:

(a)

whether events or parts of events should be removed from the list; and

(b)

whether other major sporting events should be added to the list.

As an initial step in the process of reviewing the list, the rights holders for the events currently listed and a number of the other major sports events are being formally consulted, as the 1996 Act requires. The submissions received from them will be made available to the advisory group.

The rights holders for the following events are to be consulted:

Events currently listed:

  • The Olympic Games

  • The FIFA World Cup finals

  • The FA Cup final

  • The Scottish FA Cup final (listed only in Scotland)

  • Cricket Test Matches involving England

  • Wimbledon Tennis Tournament (finals weekend only currently listed)

  • The Grand National

  • The Derby

Other major sports events:

  • The Cricket World Cup

  • The Rugby World Cup

  • The European Football Championships

  • The Commonwealth Games

  • The World Athletics Championship

  • The British Grand Prix

  • The Five Nations Rugby Tournament

  • The Open (golf)

  • The Ryder Cup

The group may request that other events be included in the review and the rights holders for these events will be consulted.

The group will begin its work immediately and I expect it to make its recommendations to me before Easter. I shall then decide what changes, if any, to make to the current list.

[Extracts from a communication by the Ministry for Culture, Media and Sports, 25 November 1997]U.K.

[…]

3.The criteria to be used by the review group in their considerations are as follows:U.K.
Notes for guidance on the listing of major sports eventsU.K.

In considering whether to list an event, the Secretary of State is required to consult the broadcasting regulators and the holders of the rights in question. The following note sets out the factors which the Secretary of State will take into account in deciding whether to list an event.

In order to be eligible to be listed, an event must meet the following main criterion:

  • the event has a special national resonance, not simply a significance to those who ordinarily follow the sport concerned; it is an event which serves to unite the nation; a shared point in the national calendar.

Such an event is likely to fall into one or both of the following categories:

  • it is a pre-eminent national or international event in the sport,

  • it involves the national team or national representatives in the sport concerned.

An event which satisfies the essential criterion is likely to be considered for listing, but listing of such an event is not automatic. It is more likely to be listed if it exhibits particular characteristics making listing an apt response, such as:

  • it is likely to command a large television audience,

  • it has a history of being broadcast live on free-to-air services.

In considering whether to list such an event, the Secretary of State will have regard to other factors affecting the likely costs and benefits to the sport concerned, to the broadcasting industry and to viewers, such as:

  • whether it is practical to offer full live coverage on a general channel — extended events such as season-long championships involving many matches will not normally be listed in their entirety,

  • the impact of listing in reducing the income or potential income of the sport, and the consequences of that reduction for its investment in increasing participation and/or improving levels of performance and/or in creating safe facilities,

  • the likely impact of listing on the broadcasting market, including future investment in sports broadcasting, the level of competition and the position of public service broadcasters,

  • whether there are arrangements to ensure that access to the event is available to all viewers by means of highlights, delayed coverage and/or radio commentary.

In considering events for listing, the Secretary of State will have regard to these other factors cumulatively. No single factor automatically commands listing as a response, nor does failure to meet an individual criterion disqualify an event from consideration.

4.The Secretary of State made his announcement in a Written Answer to a Parliamentary Question from Hugh Bayley MP (City of York).U.K.

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