OpenLegislation

Division FRENCH COMMUNITY

United Kingdom

Original text. Later amendments are not shown.

1.

Broadcasting Decree

[…]

Art. 4 § 1

After consulting the CSA, the Government may adopt a list of events which it considers to be of major importance for the public of the French Community. Such events may not be subject to the exercise of exclusive rights by a television broadcaster or by the RTBF, such as to deprive a large part of the public in that Community of access to these events via a free-access television service.

The Government shall determine whether the events are to be transmitted live, deferred, in full or in excerpts.

Art. 4 § 2

An event is considered to be of major importance for the public of the French Community if it meets at least two of the following criteria:

  1. 1..

    the event is particularly popular with the public of the French Community in general, not just those who follow such events as a matter of course;

  2. 2..

    the event has a cultural importance generally recognised by the public of the French Community and is part of that Community's cultural identity;

  3. 3..

    a Belgian personality or team is participating in the event concerned in the context of a competition or event of international importance;

  4. 4..

    the event is traditionally broadcast in a programme of a free-access television service in the French Community and attracts a wide public.

After consulting the CSA, the Government may adopt the procedures by which the abovementioned events have to be made accessible.

Art. 4 § 3

A television broadcasting service is considered to be “free-access” if it broadcasts in the French language and can be received by 90 % of households with television reception equipment located in the French-speaking region or the bilingual Brussels-Capital region. Apart from the technical costs, reception of this service cannot be subject to payment other than the subscription price for the basic cable package.

Art. 4 § 4

Television broadcasters and the RTBF shall refrain from exercising any exclusive rights they might have acquired after 30 July 1997, such as would deprive a large part of the public of a Member State of the European Union of access via a free-access television service to events of major importance, a list of which has been published in the Official Journal of the European Communities.

They shall comply with the special conditions set at the time of publication of the abovementioned lists, concerning live or deferred access, in full or in excerpts.

2.

Order designating events of major importance and determining the procedures for making them accessible

Article 1

Within the limits laid down in this order, access by the public of the French Community to these events shall be live, deferred, in full or in excerpts, in accordance with the Annex to this order.

Article 2

A television broadcaster service in the French Community intending to exercise the exclusive broadcasting rights it holds to an event of major importance must broadcast it on a free-access television service in accordance with the Annex to this Order.

Article 3

A television broadcaster which has acquired the live-and-in-full transmission rights to an event may nevertheless postpone the broadcasting of this event on a free-access television broadcasting service in the following cases:

  • if the event takes place between midnight and 8 a.m., Belgian time;

  • if the event coincides with a news or current affairs programme normally broadcast by the service at that time;

  • if the event comprises several elements taking place simultaneously.

Article 4

This Order does not create any broadcasting obligation for the head of RTBF or the television broadcasting services of the French Community.

Article 5

The Minister for Audiovisual is responsible for the implementation of this Order.

Brussels, 8 June 2004.

For the Government of the French Community

The Minister for Audiovisual

O. CHASTEL

3.

Annex to the Order

List of events and categories of events of major importance and arrangements for free public access to them:

  • Summer and Winter Olympic Games, live and with excerpts;

  • Belgian Football Cup Final (men), live and in full;

  • All matches involving the Belgian men's football team, live and in full;

  • Football World Cup Finals Tournament (men), live and in full;

  • European Football Championship, final round (men), live and in full;

  • Champions League, matches involving Belgian clubs, live and in full;

  • UEFA Cup, matches involving Belgian clubs, live and in full;

  • Tour de France, men, professional, live and with excerpts;

  • Liège-Bastogne-Liège, live and with excerpts;

  • Amstel Gold Race, live and with excerpts;

  • Tour of Flanders, live and with excerpts;

  • Paris-Roubaix, live and with excerpts;

  • Milan-San Remo, live and with excerpts;

  • Belgian Road Cycling Championships, professional (men), live and with excerpts;

  • World Road Cycling Championships, professional (men), live and with excerpts;

  • Ivo Van Damme Memorial, live and in full;

  • Belgian Formula 1 Grand Prix, live and in full;

  • The following Grand Slam tennis tournaments: Roland Garros and Wimbledon, quarter finals, semi-finals and finals involving a Belgian player, live and in full;

  • The Davis Cup and the Fed Cup, quarter-finals, semi-finals and finals involving the Belgian team, live and in full;

  • Queen Elisabeth Music Competition, the final, live and in full;

  • La Flèche wallonne, live and with excerpts;

  • World Athletics Championships, where Belgian athletes are taking part, live and in full;

To be annexed to the order of 8 June 2004.

The Minister for Audiovisual

O. CHASTEL