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 Poland, to be published in accordance with Article 14 of Directive 2010/13/EU, are set out in the following extract from the Broadcasting Act of 29 December 1992 (Journal of Laws No 43/2011, item 226, as amended) and the Regulation of the National Broadcasting Council of 17 November 2014 establishing a list of major events:

‘ Broadcasting Act of 29 December 1992

Article 20b 1. A television broadcaster may broadcast live coverage of an event of major importance for society, hereinafter referred to as a “major event”, only:

1. (1)

   on a national channel (programme service), as referred to in this Act or in its broadcasting licence, which may be viewed entirely free of charge except for licence fees as referred to in the Licence Fees Act of 21 April 2005 and basic fees charged by cable network operators, or

2. (2)

   if the same event is being transmitted by the broadcaster of a channel meeting the conditions specified in subparagraph 1, under a contract with the broadcaster who has acquired broadcasting rights for the event in question, or with any other authorised party, subject to the provisions of paragraph 6.

2.

In view of the high level of public interest, the following events shall, amongst others, be regarded as major events:

1. (1)

   the summer and winter Olympic Games;

2. (2)

   the semi-finals and finals of the football World Cup and European Championship and any other matches in those events involving the Polish national team, including qualifying matches;

3. (3)

   other matches involving the Polish national football team in official tournaments, and Champions League and UEFA Cup matches involving Polish clubs.

3.

The National Council may adopt a regulation establishing a list of major events other than those specified in paragraph 2, having regard to the level of public interest in those events and their significance for social, economic and political life.

4.

If a major event is to comprise more than one part, each part shall be regarded as a major event.

5.

Paragraph 1 shall apply to deferred coverage if the delay in broadcasting a major event does not exceed 24 hours and occurs for important reasons, notably:

1. (1)

   if the event concerned is timed to take place between midnight and 06:00 Polish time;

2. (2)

   if there are overlaps between major events or parts thereof.

6.

Paragraph 1 shall not apply if a broadcaster can demonstrate that no broadcaster of a programme service meeting the conditions specified in paragraph 1(1) was willing to conclude a contract for the provision of coverage in accordance with paragraph 1(2).

7.

The National Broadcasting Council may, as provided for in international agreements binding upon Poland, adopt a regulation establishing:

1. (1)

   lists of events deemed by other European countries to be major events;

2. (2)

   rules governing the exercise of exclusive television broadcasting rights for the events referred to in subparagraph 1 so as to ensure that the exercise of such rights by broadcasters subject to this Act does not deprive viewers in the country concerned of the possibility of receiving coverage of those events under rules laid down by that country in accordance with international law.’