OpenLegislation

Division FLEMISH COMMUNITY

United Kingdom

Original text. Later amendments are not shown.

‘1.

Decree of 25 January 1995

Art. 76 § 1

The Flemish Government shall draw up a list of events considered to be of major importance for the public and which, for this reason, may not be broadcast on an exclusive basis so that a large part of the public of the Flemish Community cannot watch them live or deferred on free-access television.

The Flemish Government shall decide whether these events shall be broadcast via whole or partial live coverage or, where necessary or appropriate for objective reasons of general interest, via whole or partial deferred coverage.

Art. 76 § 2

Television broadcasting undertakings of or recognised by the Flemish Community may not exercise the exclusive rights thus gained such that a large part of the public of another Member State of the European Community cannot without payment watch the events designated by that Member State wholly or partially live or, where necessary or appropriate for objective reasons of general interest, wholly or partially deferred, as determined by that Member State.

2.

Order of the Flemish Government establishing the list of events of major importance to society […]

Whereas an event can be considered as an event of major importance to society if two of the following conditions are met:

  1. 1..

    the event has great topical value and attracts considerable public interest;

  2. 2..

    the event is taking place in the context of an important international competition or is a competition in which the national team, a Belgian club team or one or more Belgian athlete(s) is/are taking part;

  3. 3..

    the event belongs to an important sporting discipline and represents an important cultural asset to the Flemish Community;

  4. 4..

    the event is broadcast traditionally by free-access television and has a high viewer rating for its category.

[…]

Article 1 § 1

The following events are considered as events of major importance to society:

  1. 1..

    Summer Olympic Games;

  2. 2..

    Football (men): all matches involving the national team and all final-round World Cup and European Championship matches;

  3. 3..

    Champions League and UEFA Cup:

    • matches in which a Belgian club team is playing;

    • semi-finals and finals;

  4. 4..

    Belgian Football Cup Final (men);

  5. 5..

    Cycling:

    • The Tour de France for elite cyclists (men): all stages;

    • the following World Cup races: Milan-San Remo, Tour of Flanders, Paris-Roubaix, Liège-Bastogne-Liège, Amstel Gold Race, Paris-Tours and Tour of Lombardy;

    • the Belgian Championship and the World Championship for elite cyclists (men).

  6. 6..

    Cyclo-cross: the Belgian Championships and World Championships for elite cyclists (men).

  7. 7..

    Tennis:

    • Grand Slam tournaments: all matches with Belgian players from the quarter-finals onward and all finals (singles);

    • Davis Cup and Fed Cup: quarter-finals, semi-finals and finals involving Belgian teams.

  8. 8..

    Belgian Formula 1 Grand Prix.

  9. 9..

    Athletics: the Van Damme Memorial.

  10. 10..

    Queen Elisabeth Competition.

Article 1 § 2

The events referred to under 2, 3, 4, 6, 7, 8, 9 and 10 are made available via whole live coverage.

The events referred to under 1 and 5 are made available via partial live coverage.

Art. 2

The exclusive rights over the events mentioned in Article 1 § 1 may not be exercised in such a way as to prevent a large part of the population from following these events on free-access television.

A large part of the population of the Flemish Community is considered to be able to follow an event of major importance to society on free-access television when the event is broadcast by a television station transmitting in the Dutch language and can be received by at least 90 % of the population without any payment in excess of the television distribution subscription price.

Art. 3 § 1

Television stations which do not satisfy the requirements of Article 2 and which acquire exclusive transmission rights in the Dutch-speaking region and the bilingual Brussels-Capital region for the events mentioned in Article 1 § 1 may not exercise these rights unless they can guarantee, on the basis of contracts concluded, that a large part of the population will not be prevented from following these events on free-access television as provided for in Articles 1 § 2 and 2.

Art. 3 § 2

Television stations which hold exclusive transmission rights may grant sub-licences, at reasonable market prices and within time limits to be agreed with the television stations, to television stations which satisfy the requirements of Article 2.

Art. 3 § 3

If no television station declares itself willing to take sub-licences under these conditions, the television station concerned may, by way of derogation from Article 2 and Article 3 § l, make use of the transmission rights acquired.

Art. 4

The Flemish Minister with responsibility for media policy shall be responsible for the implementation of this Order.

Brussels, 28 May 2004.

The Minister-President of the Flemish Government

B. SOMERS

The Flemish Minister for Housing, Media and Sport

M. KEULEN

Consolidated list of events of major importance for Belgium

  1. 1..

    Summer Olympic Games

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  2. 2..

    Belgian Football Cup Final (men)

    Flemish Community: live and in full

    French Community: live and in full

  3. 3..

    All matches involving the Belgian men's football team

    Flemish Community: live and in full

    French Community: live and in full

  4. 4..

    Football World Cup Finals Tournament (men)

    Flemish Community: live and in full

    French Community: live and in full

  5. 5..

    European Football Championship, final round (men)

    Flemish Community: live and in full

    French Community: live and in full

  6. 6..

    Champion's League, matches involving Belgian clubs

    Flemish Community: live and in full

    French Community: live and in full

  7. 7..

    UEFA Cup, matches involving Belgian clubs

    Flemish Community: live and in full

    French Community: live and in full

  8. 8..

    Tour de France, men, professional

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  9. 9..

    Liège-Bastogne-Liège

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  10. 10..

    Amstel Gold Race

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  11. 11..

    Tour of Flanders

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  12. 12..

    Paris-Roubaix

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  13. 13..

    Milan-San Remo

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  14. 14..

    Belgian Road Cycling Championships, professional (men)

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  15. 15..

    World Road Cycling Championships, professional (men)

    Flemish Community: live and with excerpts

    French Community: live and with excerpts

  16. 16..

    Ivo Van Damme Memorial

    Flemish Community: live and in full

    French Community: live and in full

  17. 17..

    Belgian Formula 1 Grand Prix

    Flemish Community: live and in full

    French Community: live and in full

  18. 18..

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

    Flemish Community: live and in full

    French Community: live and in full

  19. 19..

    The Davis Cup and the Fed Cup, quarter-finals, semi-finals and finals involving the Belgian team

    Flemish Community: live and in full

    French Community: live and in full

  20. 20..

    Queen Elisabeth Music Competition, the final

    Flemish Community: live and in full

    French Community: live and in full

Events specific to the French list

  1. 1..

    La Flèche wallonne (live and with excerpts).

  2. 2..

    Winter Olympic Games (live and with excerpts).

  3. 3..

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

Events specific to the Flemish list

  1. 1..

    Champions League: finals and semi-finals, live and in full.

  2. 2..

    UEFA Cup: finals and semi-finals, live and in full.

  3. 3..

    Cycling, Paris-Tours and Tour of Lombardy: live and with excerpts.

  4. 4..

    The Belgian and World Cyclo-cross Championships, men, professional: live and in full.

  5. 5..

    The following Grand Slam tennis tournaments: Australian Open and US Open, quarter-finals, semi-finals and finals involving a Belgian player, live and in full.’