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31986D0034

86/34/EEC: Commission Decision of 12 February 1986 terminating the anti-dumping proceeding concerning imports of electronic typewriters manufactured by Nakajima All Precision Co. Ltd and originating in Japan

Official Journal L 040 , 15/02/1986 P. 0029 - 0030

*****COMMISSION  DECISION  of 12 February 1986  terminating the anti-dumping proceeding concerning imports of electronic typewriters manufactured by Nakajima All Precision Co. Ltd and originating in Japan  (86/34/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional action  1. The Commission, by Regulation (EEC) No 2812/85 (2), imposed a provisional anti-dumping duty on imports of electronic typewriters manufactured by Nakajima All Precision Co Ltd (Nakajima) and originating in Japan.  B. Subsequent procedure  2. Following the imposition of the provisional duty, Nakajima and one unrelated importer requested and were granted an opportunity to be heard by the Commission. The Commission informed them in detail of the facts on which it based its provisional findings. Nakajima and the unrelated importer also made written submissions making known their views on the findings.  3. Upon its request, Nakajima was also informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive duty and the definitive collection of amounts secured by way of a provisional duty. It was granted a period within which it could make representations subsequent to these disclosure meetings. Its comments were taken into consideration.  4. In view of the fact that a considerable amount of time has elapsed since the initiation of the proceeding in March 1984 and that the provisional findings were based on a 12-month period prior to that initiation and that the proceeding with regard to Nakajima had in the meantime been terminated and then re-opened, it was considered appropriate to base the definitive findings on an updated period of investigation. The period therefore chosen was 1 May 1984 to 30 April 1985. To this end Nakajima submitted all relevant data and supporting documentation.  C. Normal value  5. As had already been established provisionally, it was finally found that Nakajima's sales on the domestic Japanese market were not sufficiently large to allow the determination of normal value on that basis. Consequently, normal value for all models of electronic typewriters was established on the basis of constructed value.  Nakajima claimed again that a profit margin lower than that referred to in recital 16 of Council Regulation (EEC) No 1698/85 (3) and recital 8 of Regulation (EEC) No 2812/85 should be used and justified this claim on the basis of Nakajima's particular structure.  For this purpose, Nakajima submitted evidence which showed that Nakajima, contrary to all other Japanese firms involved in the proceeding concerning electronic typewriters from Japan, was basically a factory only without a conventional sales force or sales structure for any of the very limited number of products it manufactured. Nakajima only sold to a handful of customers worldwide.  It was therefore considered unreasonable to apply to Nakajima the same profit margin, as that referred to in Regulation (EEC) No 1698/85, which was determined for a firm with completely different characteristics.  No other exporter involved in this proceeding for which a profit margin on its domestic sales could be established was structured in a way comparable to Nakajima.  In view of the foregoing, Nakajima proposed that a profit margin of 26 % on turnover should be used for the determination of normal value. In view of the company's performance and its pricing policy this margin was considered reasonable.  Nakajima submitted further evidence with regard to certain other aspects of the normal value computation,  especially cost elements, direct and indirect labour and research and development. After examination, the data submitted were found acceptable.  D. Export price  6. Export prices have been definitively determined on the basis of the prices actually paid by the importers in the Community.  E. Dumping margin  7. The definitive comparison made at ex-factory level between normal value and export price on a transaction by transaction basis, shows the existence of dumping in respect of exports to the Community of electronic typewriters manufactured by Nakajima, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community. The weighted average dumping margin for all exports to the Community was found to be 1,48 %.  In view of the characteristics of the market for the product concerned, this dumping margin should be regarded as de minimis.  8. Consequently no protective action should be taken against imports of electronic typewriters manufactured by Nakajima,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding in respect of electronic typewriters manufactured by Nakajima All Precision Co. Ltd originating in Japan is hereby terminated.  Done at Brussels, 12 February 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 266, 9. 10. 1985, p. 5.  (3) OJ No L 163, 22. 6. 1985, p. 1.


title: Council Decision (EU) 2016/1873 of 10 October 2016 on the signing, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation

text:
               22.10.2016

               EN

               Official Journal of the European Union

               L 288/1

         COUNCIL DECISION (EU) 2016/1873
   of 10 October 2016
   on the signing, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209(2) and 212(1), in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,
   Whereas:

               (1)

               On 23 March 2012, the Council authorised the Commission to open negotiations for an international agreement between the European Union and its Member States and the Latin American and Caribbean countries on the creation of the EU-LAC Foundation as an international organisation.

               (2)

               Negotiations for the Agreement establishing the EU-LAC International Foundation (‘the Agreement’) were successfully concluded on 29 January 2015.

               (3)

               The Agreement will establish the EU-LAC Foundation as an international organisation with legal personality under public international law.

               (4)

               The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.

               (5)

               When acting in the framework of the EU-LAC Foundation, the Union and its Member States should coordinate their positions in accordance with the Treaties and with the principle of sincere cooperation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement establishing the EU-LAC International Foundation is hereby authorised, subject to the conclusion of the said Agreement.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day following that of its adoption.

      Done at Luxembourg, 10 October 2016.

            For the Council

            The President

         G. MATEČNÁ


title: 2006/109/EC: Commission Decision of  19 January 2006  accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China

text:
               17.2.2006

               EN

               Official Journal of the European Union

               L 47/59

      COMMISSION DECISION

   of 19 January 2006
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China
   (2006/109/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 8 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               The Council, by Regulation (EC) No 1212/2005 (2) (the definitive Regulation), imposed definitive anti-dumping duties on imports into the Community of certain castings originating in the People’s Republic of China (PRC).

               (2)

               Upon publication of the definitive Regulation, no undertakings could be accepted by the Commission. During the investigation leading to the imposition of definitive measures several exporting producers had indicated their intention to offer a price undertaking but they had failed to submit sufficiently substantiated undertaking offers within the deadlines set in Article 8(2) of the basic Regulation. Nevertheless, as set out in recital 152 of the definitive Regulation, the Council, in view of the complexity of the issue for the economic operators in question (predominantly small and medium-sized enterprises) and given that the definitive disclosure was not preceded by a provisional disclosure, considered that they should exceptionally be allowed to complete their undertaking offers beyond the said deadline.

         B.   UNDERTAKING

               (3)

               Subsequent to the abovementioned deadline, the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) together with 20 cooperating Chinese companies or cooperating groups of companies, including the related importer of one of the groups (the companies) offered a joint undertaking. The undertaking stipulates that a breach by any of the companies or the CCCME shall be considered as a breach of the undertaking by all signatories. However, given that the resales of the related importer in the Community are not under the aegis of the CCCME, any violation by that related importer or its related exporters in the PRC shall be considered as a breach only from that particular group. The undertaking offer was supported by the Chinese authorities.

               (4)

               According to this undertaking, the CCCME and the companies undertake to ensure that the product concerned is exported at or above a minimum price set at a level that eliminates the injurious effects of dumping. In addition, the offer made foresees the indexation of the minimum price of the product concerned in accordance with public international quotations for its main raw material, i.e. pig iron, given that the casting prices vary significantly depending on the prices of pig iron.

               (5)

               In view of the foregoing, the Commission considers that the joint undertaking offered by the CCCME and the companies can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which the CCCME and the companies undertook to provide to the Commission will allow effective monitoring, and it is considered that the risk of circumvention of the undertaking is limited.

               (6)

               In order to enable the Commission to monitor effectively the compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Council Regulation (EC) 268/2006 (3). This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty established in the above-mentioned Regulation will instead be payable.

               (7)

               To further ensure the effective respect of the undertaking, the importers have been made aware by the above Council Regulation that any violation of the undertaking may lead to the retrospective application of the anti-dumping duty for the relevant transaction.

               (8)

               In the event of a breach or withdrawal of the undertaking, or in case of a withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) and the cooperating producers mentioned in the table, in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China is hereby accepted.

               Company

               Taric additional code

               Beijing Tongzhou Dadusche Foundry Factory, East of Dongtianyang Village, Dadushe, Tongzhou Beijing

               A708

               Botou City Simencun Town Bai Fo Tang Casting Factory, Bai Fo Tang Village, Si Men Cun Town, Bo Tou City, 062159, Hebei Province

               A681

               Botou City Wangwu Town Tianlong Casting Factory, Changle Village, Wangwu Town, Botou City, Hebei Province

               A709

               Changan Cast Limited Company of Yixian Hebei, Taiyuan main street, Yi County, Hebei Province, 074200

               A683

               Changsha Jinlong Foundry Industry Co., Ltd, 260 Jinchang Road, JinJing Town, Changsha, Hunan

               A710

               Changsha Lianhu Foundry, Lianhu Village, Yuhuating Town, Yuhua District, Changsha, Hunan

               A711

               Manufactured and sold by GB Metal Products Co., Ltd, Zhuanlu Town, Dingzhou, Hebei or manufactured by GB Metal Products Co., Ltd, Zhuanlu Town, Dingzhou, Hebei and sold by its related sales company GB International Trading Shanghai Co., Ltd, B301-310 Yinhai Building, 250 Cao Xi Road, Shanghai

               A712

               Guiyang Bada Foundry Co., Ltd, Mengguan Huaxi Guiyang, Guizhou

               A713

               Hebei Jize Xian Ma Gang Cast Factory, Nankai District. Xiao Zhai Town, Jize County, Handan City, Hebei

               A714

               Manufactured and sold by Hebei Shunda Foundry Co., Ltd, Qufu Road, Quyang, 073100, PRC or manufactured by Hebei Shunda Foundry Co., Ltd, Qufu Road, Quyang, 073100, PRC and sold by its related sales company Success Cast Tech-Ltd, 603A Huimei Business Centre 83 Guangzhou Dadao(s), Guangzhou 510300

               A715

               Hong Guang Handan Cast Foundry Co., Ltd, Nankai District, Xiao Zhai Town, Handou City, Jize County, Hebei

               A716

               Manufactured by (i) Zibo Benito Metalwork Co., Ltd, No 1, Shitanwu, Boyi Road, Boshan District, Zibo City, Shandong, 255201, (ii) Benito (Tianjin) Metals Products Co., Ltd, Da Lu Zhuang Village, Bei Zha Kou Town, Jin Nan District, Tianjin or (iii) Qingdao Benito Metals Products Co. Ltd, Yan Jia Ling Village, Tong Ji Jie Dao Office, Jimo City, Qingdao, Shandong Province and exclusively imported by Fundició Dúctil Benito, Via Ausetania, 11, E-08560 Manlleu, Barcelona, Spain

               A717

               Qingdao Qitao Casting Co., Ltd, Nan Wang Jia Zhuang Village, Da Xin Town, Jimo City, Qingdao, Shandong Province, 266200

               A718

               Shandong Huijin Stock Co., Ltd, North of Kouzhen Town, Laiwu City, Shandong Province, 271114

               A684

               Shane City Fangyuan Casting Co., Ltd, West of Nango Village, Shiliting Town, Shane City, Hebei Province

               A719

               Shanxi Yuansheng Casting and Forging Industrial Co., Ltd, No 8 DiZangAn, Taiyuan, Shanxi, 030002

               A680

               Tianjin Fu Xing Da Casting Co., Ltd, West of Nan Yang Cun Village, Jin Nan District, 300350, Tianjin

               A720

               Weifang Jianhua Casting Co., Ltd, Kai Yuan Jie Dao Office, Hanting District, Weifang City, Shandong Province

               A721

               Zibo City Boshan Guangyuan Casting Machinery Factory, Xiangyang Village, Badou Town, Boshan District, Zibo City Shandong Province

               A722

               Zibo Dehua Machinery Co., Ltd, North of Lanyan Street, Zibo High-tech Developing Zone

               A723

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 19 January 2006.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  OJ L 199, 29.7.2005, p. 1.

      (3)  See page 3 of this Official Journal.


title: 2007/730/EC: 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)

text:
               14.11.2007

               EN

               Official Journal of the European Union

               L 295/12

      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)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1), and in particular Article 3a(2) thereof,
   Having regard to the opinion of the Committee established pursuant to Article 23a of Directive 89/552/EEC,
   Whereas:

               (1)

               By letter of 25 September 1998, the United Kingdom (hereinafter ‘the UK’) notified to the Commission measures taken pursuant to Article 3a(1) of Directive 89/552/EEC. On 2 November 1998, the Commission communicated those measures to the other Member States and received observations of the Committee established pursuant to Article 23a of Directive 89/552/EEC, at its meeting on 20 November 1998. By letter of 23 December 1998, the Commission informed the UK that there were doubts as to the scope of the measures notified which prevented it from assessing whether those measures were compatible with Community law. The UK notified an amended version of these measures to the Commission by letter of 5 May 2000.

               (2)

               The Commission verified, within three months from this notification, that these measures are compatible with Community law, in particular as regards the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In its examination, the Commission took into consideration the available data on the UK media landscape.

               (4)

               The list of events of major importance for society included in the UK measures was drawn up in a clear and transparent manner and a far-reaching consultation had been launched in the UK.

               (5)

               The Commission was satisfied that the events listed in the UK measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or 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) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

               (6)

               A significant number of the events listed in the UK measures, including the summer and winter Olympic Games as well as the World Cup Finals and the European Championship Finals tournaments, fall within the category of events traditionally considered to be of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in the UK in their entirety, as they are particularly popular with the general public (irrespective of the nationality of the participants), not just with those who usually follow sports events.

               (7)

               The FA Cup Final has a special general resonance in the UK as the pre-eminent single match in English domestic football and a true national occasion, as well as an event of worldwide renown.

               (8)

               The Scottish FA Cup Final has a special general resonance in Scotland, as an event of similar stature to the (English) FA Cup Final.

               (9)

               The Grand National has a general resonance in the UK as a long-established event of worldwide renown and appeal, as well as a generally recognised, distinct cultural importance for the population in that country, forming part of the UK national consciousness.

               (10)

               The Derby has a general resonance in the UK as the pre-eminent event in the flat racing season and a part of the national calendar, as well as a generally recognised, distinct cultural importance for the population in that country, as a quintessentially British occasion transcending social class and commanding interest throughout the country.

               (11)

               The Wimbledon Tennis Finals have a general resonance in the UK as the pre-eminent UK tennis tournament of worldwide renown, commanding extensive media coverage. Moreover, the general resonance and distinct cultural importance of this event in the UK is due to the success of the UK participants in this competition.

               (12)

               The Rugby League Challenge Cup Final and the Rugby World Cup tournament have a general resonance in the UK as events of wide general interest appealing to people who do not usually follow these competitions. The Six Nations Rugby Tournament matches involving home countries (2) have a special general resonance in the UK as an important event in the UK sporting calendar.

               (13)

               The cricket Test Matches played in England have a general resonance in the UK as the flagship events in the national summer sport, involving the England team and top overseas sides, with an appeal transcending social class and region. The Cricket World Cup matches (the final, semi-finals and matches involving home nations’ teams) have a general resonance in the UK as they form part of the only self-contained world championship in this sport, involving the UK teams in competition at the highest level. Moreover, these cricket events have a generally recognised, distinct cultural importance for the population in the UK due to its multi-cultural appeal, which helps social cohesion and reinforces the UK’s Commonwealth links.

               (14)

               The Commonwealth Games have a special general resonance in the UK as an established event involving UK competitors in high-level competition.

               (15)

               The World Athletics Championship has a special general resonance in the UK as the pre-eminent event devoted solely to athletics and involving UK participants at the highest level.

               (16)

               The Ryder Cup has a special general resonance in the UK as a major and unique international event involving UK players in top-level competition.

               (17)

               The (British) Open Golf Tournament has a special general resonance in the UK as the pre-eminent event in British golf, and one of the pre-eminent and the oldest events in world golf.

               (18)

               The listed events, including those to be considered as a whole and not as a series of individual events, have traditionally been broadcast on free television and have commanded large television audiences. Where, exceptionally, this has not been the case (the listed matches of the Cricket World Cup), the listing is limited (as it includes the final, semi-finals and matches involving national teams) and requires only adequate secondary coverage, and, in any case, fulfils two of the criteria considered to be reliable indicators of the importance of events for society (recital 13).

               (19)

               The UK measures appear proportionate so as to justify a derogation from the fundamental EC Treaty freedom to provide services on the basis of an overriding reason of public interest, which is to ensure wide public access to broadcasts of events of major importance for society.

               (20)

               The UK measures are compatible with EC competition rules in that the definition of qualified broadcasters for the broadcasting of listed events is based on objective criteria that allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not disproportionate so as to distort competition on the downstream free television and pay television markets.

               (21)

               The proportionality of the UK measures is reinforced by the fact that a number of the events listed require adequate secondary coverage only.

               (22)

               After communication by the Commission to the other Member States of the UK measures and consultation of the Committee established pursuant to Article 23a of Directive 89/552/EEC, the Director-General for Education and Culture informed the UK, by letter of 28 July 2000, that the European Commission did not intend to object to the measures notified.

               (23)

               Those measures were published in the C Series of the Official Journal of the European Communities
                   (3) in accordance with Article 3a(2) of Directive 89/552/EEC.

               (24)

               It follows from the judgment of the Court of First Instance in Case T-33/01, Infront WM v Commission, that the declaration that measures taken pursuant to Article 3a(1) of Directive 89/552/EEC are compatible with Community law constitutes a decision, which must therefore be adopted by the Commission. Accordingly, it is necessary to declare by this Decision that the measures notified by the UK are compatible with Community law. The measures, as set out in the Annex to this Decision, should be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC.

               (25)

               In order to guarantee legal certainty, this Decision should apply as from the date of the first publication in the Official Journal of the European Union of the measures notified by the UK,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The measures taken pursuant to Article 3a(1) of Directive 89/552/EEC and notified by the United Kingdom to the Commission on 5 May 2000, as published in the
         Official Journal of the European Communities C 328 of 18 November 2000, are compatible with Community law.
   Article 2
   The measures, as set out in the Annex to this Decision, shall be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC.
   Article 3
   This Decision shall apply as from 18 November 2000.

      Done at Brussels, 16 October 2007.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

      (2)  The UK list was amended in 2001 following the change of name of this event from Five Nations Rugby Tournament to Six Nations Rugby Tournament.

      (3)  OJ C 328, 18.11.2000, p. 2.

      ANNEX
      The measures taken by the UK to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts:
      [Extracts from Part IV of the Broadcasting Act 1996]
      BROADCASTING ACT 1996
      Chapter 55
      PART IV
      Sporting and other events of national interest
      Listed events

                  (1)

                  For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part.

                  (2)

                  The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection 1 unless he has first consulted:

                              (a)

                              the BBC;

                              (b)

                              the Welsh Authority;

                              (c)

                              the Commission; and

                              (d)

                              in relation to a relevant event, the person from whom the rights to televise that event may be acquired;

                        and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.

                  (3)

                  As soon as he has drawn up or revised such a list as is mentioned in subsection 1, the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of:

                              (a)

                              the persons mentioned in subsection 2; and

                              (b)

                              every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.

                  (4)

                  In this section ‘national interest’ includes interest within England, Scotland, Wales or Northern Ireland.

                  (5)

                  The addition of any relevant event to such a list as is mentioned in subsection 1 shall not affect:

                              (a)

                              the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection 2 in relation to the proposed addition; or

                              (b)

                              the exercise of any rights acquired under such a contract.

                  (6)

                  The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part.

            Categories of service

                  (1)

                  For the purposes of this Part, television programme services shall be divided into two categories as follows:

                              (a)

                              such of the services specified in subsection 2 as are provided without any charge being made for the reception of programmes included in the service;

                              (b)

                              all televison programme services not for the time being falling within paragraph (a).

                  (2)

                  The services referred to in subsection 1(a) are:

                              (a)

                              regional and national Channel 3 services;

                              (b)

                              Channel 4; and

                              (c)

                              the television broadcasting services provided by the BBC.

                  (3)

                  The Secretary of State may by order amend subsection 2 so as to remove any service from, or add any service to, the services specified in it.

                  (4)

                  An order under subsection 3 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

            […]
      Restriction on televising of listed event

                  (1)

                  A person providing a service falling within either of the categories set out in subsection 1 of section 98 (the first service) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of the Commission, include in that service live coverage of the whole or any part of a listed event unless:

                              (a)

                              another person, who is providing a service falling within the other category set out in that subsection (the second service), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event; and

                              (b)

                              the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.

                  (2)

                  The Commission may revoke any consent given by them under subsection 1.

                  (3)

                  Failure to comply with subsection 1 shall not affect the validity of any contract.

                  (4)

                  Subsection 1 shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section.

            Power of Commission to impose penalty

                  (1)

                  If the Commission:

                              (a)

                              are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection 1 of section 101; and

                              (b)

                              are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection;

                        they may require him to pay, within a specified period, a specified financial penalty to the Commission.

                  (2)

                  If the Commission are satisfied that, in connection with an application for consent under subsection 1 of section 101, the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has:

                              (a)

                              provided them with information which was false in a material particular; or

                              (b)

                              withheld any material information with the intention of causing the Commission to be misled;

                        they may require him to pay, within a specified period, a specified financial penalty to the Commission.

                  (3)

                  The amount of any financial penalty imposed on any person under subsection 1 or 2 shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.

                  (4)

                  In subsection 3:

                              (a)

                              ‘the relevant consideration’ means an amount determined by the Commission as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question; and

                              (b)

                              ‘the prescribed multiplier’ means such number as the Secretary of State may from time to time by order prescribe.

                  (5)

                  An order under subsection 4(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

                  (6)

                  Where the Commission receive any amount payable to them by virtue of subsection 1 or 2, that amount shall not form part of the revenues of the Commission but shall be paid into the Consolidated Fund.

                  (7)

                  Any amount payable by any person to the Commission by virtue of subsection 1 or 2 shall be recoverable by them as a debt due to them from that person.

            Report to Secretary of State

                  (1)

                  If the Commission:

                              (a)

                              are satisfied that a broadcasting body has failed to comply with subsection 1 of section 101; and

                              (b)

                              are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,

                        they shall make a report on the matter to the Secretary of State.

                  (2)

                  If the Commission are satisfied that, in connection with an application for consent under subsection 1 of section 101, a broadcasting body has:

                              (a)

                              provided them with information which was false in a material particular: or

                              (b)

                              withheld any material information with the intention of causing the Commission to be misled,

                        they shall make a report on the matter to the Secretary of State.

                  (3)

                  In this section ‘broadcasting body’ means the BBC or the Welsh Authority.

            Code of guidance

                  (1)

                  The Commission shall draw up, and may from time to time review, a code:

                              (a)

                              specifying the circumstances in which the televising of listed events generally, or of a particular listed event, is, or is not, to be treated as live for the purposes of this Part; and

                              (b)

                              giving guidance as to the matters which they will take into account in determining:

                                          (i)

                                          whether to give or revoke their consent under section 101(1), or

                                          (ii)

                                          for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1).

                  (2)

                  In exercising their powers under this Part, the Commission shall have regard to the provisions of the code.

                  (3)

                  Before drawing up or revising the code the Commission shall consult such persons as appear to the Commission to be appropriate.

                  (4)

                  As soon as the Commission have drawn up or revised such a code, the Commission shall publish the code in such manner as they consider appropriate for bringing it to the attention of:

                              (a)

                              the BBC;

                              (b)

                              the Welsh Authority;

                              (c)

                              every person from whom the rights to televise a listed event may be acquired;
                              and

                              (d)

                              every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.

            Interpretation of Part IV and supplementary provisions

                  (1)

                  In this Part (unless the context otherwise requires):

                              ‘Channel 4’ has the same meaning as in Part I of the 1990 Act;

                              ‘the Commission’ means the Independent Television Commission;

                              ‘listed event’ has the meaning given by section 97(1);

                              ‘live’ shall be construed in accordance with the code drawn up under section 104;

                              ‘national Channel 3 service’ and ‘regional Channel 3 service’ have the same meaning as in Part I of the 1990 Act;

                              ‘television broadcasting service’ has the same meaning as in Part I of the 1990 Act;

                              ‘television programme provider’ has the meaning given by section 99(2);

                              ‘television programme service’ has the same meaning as in Part I of the 1990 Act.

                  (2)

                  Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.

            [Extracts from the Television Broadcasting Regulations 2000]
      STATUTORY INSTRUMENTS
      2000 No 54
      BROADCASTING
      The Television Broadcasting Regulations 2000

         Made: 14 January 2000

         Laid before Parliament: 14 January 2000

         Coming into force: 19 January 2000

      Whereas the Secretary of State is a Minister designated (1) for the purposes of section 2(2) of the European Communities Act 1972 (2) with regard to measures relating to television broadcasting;
      Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972 and all other powers enabling him in that behalf, hereby makes the following Regulations:
      Citation and commencement

                  (1)

                  These Regulations may be cited as the Television Broadcasting Regulations 2000

                  (2)

                  These Regulations shall come into force on 19 January 2000.

            […]
      Amendments of Broadcasting Act 1996
      3.   Part IV of the Broadcasting Act 1996 (3) (sporting and other events of national interest) is amended in accordance with the Schedule to these Regulations.
      […]
      14 January 2000
      Chris Smith
      Secretary of State for Culture, Media and Sport

         SCHEDULE
         Regulation 3
         Amendments of broadcasting act 1996: sporting and other events of national interest
         1.   For section 98 there is substituted:
         Categories of service

                     (1)

                     For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows:

                                 (a)

                                 those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and

                                 (b)

                                 all other television programme services and EEA satellite services.

                     (2)

                     In this section, ‘the qualifying conditions’, in relation to a service, means the conditions:

                                 (a)

                                 that the service is provided without any consideration being required for reception of the service, and

                                 (b)

                                 that the service is received by at least 95 % of the population of the United Kingdom.

                     (3)

                     There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a television licence, as defined by section 1(7) of the Wireless Telegraphy Act 1949.

                     (4)

                     The condition in subsection (2)(b):

                                 (a)

                                 is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

                                 (b)

                                 is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

                     (5)

                     The Commission shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions.

                     (6)

                     In this section, ‘EEA satellite service’ means any service which:

                                 (a)

                                 consists in the transmission for general reception of television programmes by satellite, and

                                 (b)

                                 is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom.

               […]
         3.   In Section 101 (restriction on televising of listed event), in subsection (1), for ‘person’, in the first place where it occurs, there is substituted ‘television programme provider’.
         […]
         9.   In section 105(1) (interpretation of Part IV):

                     (a)

                     after the definition of ‘the Commission’ there is inserted: ‘designated event, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;’;

                     (b)

                     in the definition of ‘live’, before ‘shall’ there is inserted ‘in relation to the televising of a listed event’; and

                     (c)

                     after the definition of ‘national Channel 3 service’ and ‘regional Channel 3 service’ there is inserted: ‘S4C has the same meaning as in Part I of the 1990 Act;’

               [Extracts from the ITC Code on Sports and other Listed Events, revised January 2000]
         Code on sports and other listed events
         (revised January 2000)
         Foreword
         1.   The Broadcasting Act 1996, (the ‘Act’) as amended by the Television Broadcasting Regulations 2000 (the ‘Regulations’), requires the ITC to draw up, and from time to time review, a code giving guidance on certain matters relating to the televising of sports and other events of national interest which have been listed by the Secretary of State for Culture, Media and Sport. This code has been produced by the ITC, after consultation with broadcasters, sports bodies, the holders of sports rights and other interested parties, for the purpose of fulfilling this statutory duty, as defined under Section 104 of the Act. […]
         2.   The Act restricts the acquisition by television programme providers of exclusive rights to the whole or any part of live television coverage of listed events and the broadcasting on an exclusive basis of such coverage without the previous consent of the ITC (see Part IV of the Act). Under the Act the ITC has powers to impose a financial penalty on its licensees if the restrictions on broadcasting live coverage of listed events have not been observed, if the ITC has been given false information or if material information has been withheld. In the case of the BBC and S4C the ITC must report the matter to the Secretary of State. The ITC will have regard to the provisions of the Code in exercising these powers.
         3.   ‘Listed events’ are drawn up by the Secretary of State in accordance with the Act, and the current list is at Appendix 1. The Secretary of State may add events to and delete events from the list at any time, but only after consultation with the BBC, the Welsh Authority, the ITC and the holder of the rights for the event in question. In June 1998 the Secretary of State extended the list to include Group B events on the understanding that they would be treated differently from Group A events. Group A events are those events which may not be covered live on an exclusive basis unless certain criteria are met. The criteria and matters to be taken into account by the ITC are set out at paragraphs 12 to 16. Group B events are those events that may not be broadcast live on an exclusive basis unless adequate provision has been made for secondary coverage. The minimum standard of secondary coverage the ITC will regard as adequate provision is set out at paragraphs 17 and 18.
         […]
         General provision and background
         6.   For the purpose of the live broadcasting of listed events the Act defines two categories of television programme services: those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions (the first category) and all other television programme services and EEA satellite services (the second category). The qualifying conditions are defined as (a) that the service is provided without any consideration being required for reception for the service and (b) that the service is received by at least 95 % of the population of the United Kingdom. Television programme services and EEA satellite services which fall within the first category will appear in a list published from time to time by the ITC (see Appendix 2). These requirements are set out in the Act as amended by the Television Broadcasting Regulations 2000. Any contract for televising live coverage of a listed event which is entered into by a broadcaster must state that the rights are available for showing the event on a service falling within only one of the two categories, i.e., separate contracts must exist for each category. A broadcaster providing a service in either category (the first service) is prohibited from showing exclusively live coverage of the whole or any part of a Group A event without the previous consent of the Commission unless a broadcaster providing a service in the other category (the second service) has acquired the right to show live coverage of the event or the same part of the event. The area served by the second service must consist of or include the whole, or substantially the whole, of the area served by the first service. The first and second services may be provided by licensees in the same ownership, but between them they must include a broadcaster in each of the two categories described above.
         7.   The restrictions apply only to rights acquired either after the commencement of Section 101 of the 1996 Act, i.e. 1 October 1996 or after the Secretary of State began to consult rights holders about changes to the list, i.e. 25 November 1997, as shown in Appendix 1.
         8.   An event may be listed because it is of ‘national’ interest within England, Scotland, Wales or Northern Ireland separately. This is the basis on which the Scottish FA Cup Final, for example, has been listed. The Act allows for those events to be shown only in the relevant part of the United Kingdom in which there is likely to be most viewer interest. The reference to Channel 3 in Appendix 2, therefore, means individual or groups of regional Channel 3 services, or Channel 3 as a whole.
         9.   The Act is concerned with providing an opportunity for live coverage to be made available. It is important to emphasise that the Act does not require or guarantee live coverage of listed events, including coverage on Channel 3, Channel 4 and the BBC. Nor does the Act prohibit exclusive live coverage of listed events on these or other services subjects to the ITC being satisfied that certain criteria have been met (see paragraphs 12-18).
         10.   The specific guidance which the ITC is required to give is set out below. The ITC will keep this guidance under review and may amend it in the light of experience.
         Definition of ‘live’
         11.   Section 104 of the Act requires the ITC to specify the circumstances in which the coverage of listed events generally, or of a particular listed event, is, or is not, to be treated as live. In considering this matter the ITC has taken the view that the interests of viewers lie in allowing them to participate in the event as it happens, as far as possible. This suggests that live television coverage of most sports events, including those taking place in different time zones, should be defined as coverage which is simultaneous with the event (i.e. as the event is happening). However, given the different nature and length of events, no single definition is possible. The following interpretation should allow for necessary flexibility:

                     —

                     the restrictions on live coverage will apply while the event concerned is in progress,

                     —

                     if the event involves separate games or matches, the restrictions will apply while each game or match is in progress,

                     —

                     in the case of a single event which is scheduled to last over several days the restrictions will apply to each day’s play, while it is in progress,

                     —

                     in the case of an event which consists of defined separate parts which overlap in time (e.g. the Olympic Games or the FIFA World Cup Finals) and cannot therefore be televised simultaneously in full, the restrictions will apply to each match or competition as if it was a single event.

               Matters to be taken into account in giving or revoking consent for exclusive coverage
         12.   Under Section 104(1)(b) of the Act the ITC is required to provide guidance as to the matters it will take into account in determining whether to grant its consent to a broadcaster providing a service in one category (the first service) to provide exclusive live coverage of an event (of part of an event) where no broadcaster providing a service in the other category (the second service) has acquired the same rights, or where the area for which the second service is to be provided does not consist of or include the whole, or substantially the whole, of the area for which the first service is provided.
         13.   In deciding whether to give its consent it may be sufficient for the ITC to establish that the availability of the rights was generally known and no broadcaster providing a service in the other category had expressed an interest in their acquisition to the rights holder, or had not bid for the rights. However, the ITC will wish to be satisfied that broadcasters have had a genuine opportunity to acquire the rights on fair and reasonable terms and, in reaching a view, will take account of some or all of the following criteria:

                     —

                     any invitation to express interest, whether in the form of public advertisement or closed tender, in the acquisition of the rights must have been communicated openly and simultaneously to broadcasters providing services in both categories,

                     —

                     at the beginning of any negotiation the documentation and/or marketing literature must set out in all material respects the process for negotiating and acquiring the rights and all material terms and conditions, including what rights were available,

                     —

                     if the rights to the listed event were included in a package of rights, the package must not have been more attractive to broadcasters providing services in one of the two categories. Preferably, the rights should be capable of being purchased independently of other rights, e.g. to highlights, delayed transmissions, other events,

                     —

                     the conditions or costs attached to the acquisition of the rights (for example, production costs) must have been clearly stated and must not be preferential to one category of service,

                     —

                     the price sought for the rights must have been fair, reasonable and non-discriminatory as between the two categories of programme service. What is a fair price will depend upon the rights being offered and the value of those rights to broadcasters. A wide range of prices is likely to be regarded as fair but when required to make its own judgment on the matter the ITC will have regard to, inter alia:

                     —

                     previous fees for the event or similar events,

                     —

                     time of day for live coverage of the event,

                     —

                     the revenue or audience potential associated with the live transmission of the event (e.g. the opportunity to sell advertising and sponsorship; the prospects for subscription income),

                     —

                     the period for which rights are offered, and

                     —

                     competition in the market place.

               14.   A genuine opportunity to acquire the rights also requires that broadcasters are given a reasonable time in which to do so. What constitutes a reasonable time will depend upon the circumstances of each case, including the complexity of negotiations and the production and transmission of the programme surrounding the event, and the proximity of the event to the date on which the rights are offered. The time allowed should give all parties a realistic opportunity to negotiate and reach agreement, but should not be unduly protracted, thereby preventing or restricting broadcasters from complying with this Code.
         15.   The ITC’s consent is also required where the area for which the service is to be provided does not consist of or include the whole, or substantially the whole, of the area for which the other service is to be provided. In considering whether to give its consent the ITC will take account of the interests of the viewers in the different areas and the transmission coverage areas of the different broadcasters.
         16.   Consent will normally be given for the full period for which rights are acquired in recognition of the fact that the price paid will, inter alia, reflect the duration of the rights. However, the ITC will revoke its consent if the broadcaster to whom the consent has been given requests it, or if the consent has been given on the basis of false or misleading information. Additionally, the ITC will consider revoking its consent if it appears that rights have been acquired for an extended period in order to circumvent the spirit of the Act. In determining what is an extended period the ITC will have regard to precedents for this and similar events, including the periods for which rights are granted to non-United Kingdom broadcasters for overseas transmissions.
         17.   For those events listed in Group B in Appendix 1, the ITC will give its consent to exclusive live coverage of an event by a broadcaster providing a service in one category (the first service) if adequate provision has been made for secondary coverage by a broadcaster providing a service in the other category (the second service). The minimum which the ITC will consider to be adequate is where the second service has acquired rights for the provision of edited highlights or delayed coverage amounting to at least 10 % of the scheduled duration of the event (or the play in the event taking place on any on day), subject to a minimum of 30 minutes for an event (or the play in the event on any day) lasting an hour or more, whichever is the greater. For these purposes, where an event has a number of different components taking place concurrently the scheduled duration of the event is defined as the time elapsed between the scheduled beginning of the first component of the event on that day. The second service must have editorial control over the content and scheduling of the edited highlights or delayed coverage except that a restriction may be imposed that the second service shall not begin broadcasting the edited highlights or delayed coverage until a period has elapsed following the scheduled conclusion of the event (or the play in the event on any day). The maximum period which may be set is follows:

                     For an event scheduled to finish

                     Maximum delay

                     After midnight and up to 8 am

                     Edited highlights or delayed coverage to start not later than 10.00 am.

                     Between 8.00 am and 8.30 pm

                     Up to 2 hours.

                     Between 8.30 pm and 10.00 pm

                     Edited highlights or delayed coverage to start not later than 10.30 pm.

                     Between 10.00 pm and midnight

                     Up to 30 minutes.

               18.   In addition to the above, the right to provide live radio commentary on the event must have been acquired by a radio station with national coverage or an organisation providing a sports service to radio stations which form a national (or near national) network.
         19.   The situation may arise where a second service is unable or unwilling to provide adequate secondary coverage or any secondary coverage at all. The ITC will then consider whether to give its consent to exclusive live coverage without secondary coverage and the same or similar criteria as set out in paragraphs 12 to 16 will apply.
         Circumstances in which sanctions might not be imposed
         20.   Section 104 also requires the ITC to give guidance on the matters which it will take into account in deciding whether it is unreasonable to expect a television programme provider to comply with the restrictions on broadcasting live coverage of listed events and therefore whether sanctions should be imposed if the restrictions are not observed. Given the long lead times which are generally available for offering, selling and acquiring the rights, the ITC believes that there are very few circumstances in which it would be reasonable for a broadcaster to proceed with exclusive coverage without the ITC’s consent. A broadcaster who proceeds to broadcast a listed event live without the ITC’s consent and where this is not in compliance with Section 101(1) will need to convince the ITC that the period between the rights becoming available and the event taking place was too short for this consent to be obtained or that he believed he had complied but that belief was based on false information. In the latter situation, however, the ITC will need to be convinced that the broadcaster had taken all reasonable steps to satisfy himself that another broadcaster providing a service in the other category had acquired the rights.
         Procedures for seeking consent
         21.   A request for the ITC’s consent for exclusive live coverage of a listed event must be made in writing to the ITC’s Secretary and be accompanied by full reasons and justification for the request and all relevant supporting information. Requests should be made well in advance (wherever possible, no less than three months) of the event taking place to give the ITC sufficient time to consider whether consent should be given. As a first step in considering the request the ITC will normally issue a public notice inviting any broadcasters providing a service in the other category from the one to which the applicant belongs, or rights holders and other interested parties to comment on the request. Depending on the response and on the ITC’s own investigations into the matter, the applicant may be asked to supply additional information in writing and/or to attend a meeting with ITC staff.
         22.   Broadcasters should note that under the Act ITC consent is needed for exclusive live coverage of Group B events even if the minimum requirements set out in paragraphs 17 and 18 are met. However, in these circumstances consent will be given automatically.
         23.   The ITC will respond as quickly as possible to any request. The ITC will publish its decisions and its reasons, but, in doing so, will have regard to the legitimate interest of the parties in the protection of confidentiality.
         […]
         January 2000

         APPENDIX 1
         UK listed sporting events
         Group A

                     The Olympic Games

                     The FIFA World Cup Finals Tournament

                     The FA Cup Final

                     The Scottish FA Cup final (in Scotland)

                     The Grand National

                     The Derby

                     The Wimbledon Tennis finals

                     The European Football Championship finals Tournament

                     The Rugby League Challenge Cup final (*)

                     The Rugby World Cup final (*)

               Group B

                     Cricket Test matches played in England

                     Non-finals play in the Wimbledon Tournament

                     All other matches in the Rugby World Cup Finals Tournament (*)

                     Five Nations Rugby Tournament matches involving home countries (4) (*)

                     The Commonwealth Games (*)

                     The World Athletics Championship (*)

                     The Cricket World Cup — the final, semi-finals and matches involving home nations’ teams (*)

                     The Ryder Cup (*)

                     The Open Golf Championship (*)

               Note:
         Restrictions apply to rights acquired after 1 October 1996 except for those events marked by an asterisk where the relevant date is 25 November 1997 (5).

         APPENDIX 2
         List of services meeting the ‘qualifying conditions’ as set out in the television regulations 2000

                     CHANNEL 3 (ITV)

                     CHANNEL 4

                     BBC 1

                     BBC 2

               [Written answer from the Secretary of State to a Parliamentary Question of Hugh Bayley MP, 25 November 1997]
         Culture, media and sport
         Sports broadcasting
         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]
         […]
         3.   The criteria to be used by the review group in their considerations are as follows:
         Notes for guidance on the listing of major sports events
         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).
         [Written answer from the Secretary of State to a Parliamentary Question of Gareth R. Thomas MP, 25 June 1998]
         Culture, media and sport
         Listed sporting events
         Mr Gareth R. Thomas: To ask the Secretary of State for Culture, Media and Sport if he will make a statement about the outcome of his review of major events listed under Part IV of the Broadcasting Act 1996.
         Mr Chris Smith: My review of the list is now complete. I have conducted it in the light of the criteria which I published last year. I consulted widely on the criteria and the content of the list and I have carefully considered the many representations made to me. I have accepted the general principles of the report produced by the Advisory Group chaired by Lord Gordon of Strathblane.
         With immediate effect, I am revising the list of events under Part IV of the Broadcasting Act 1996.
         I am retaining the following events on the list, requiring live coverage to be made available to free-to-air terrestrial television broadcasters (in Category A as specified in the 1996 Act):

                     The Olympic Games

                     The FIFA World Cup Finals Tournament

                     The FA Cup final

                     The Scottish FA Cup final (in Scotland)

                     The Grand National

                     The Derby

                     The Wimbledon Tennis finals.

               I am adding the following events to the list on the same basis:

                     The European Football Championship Finals Tournament

                     The Rugby League Challenge Cup final

                     The Rugby World Cup final.

               After careful consideration of the Advisory Group’s recommendations, I have concluded that a number of the matches in the World Cup and European Championships football qualifying tournaments meet the criteria for listing. I believe that it is important that crucial ties in these competitions should be available to all viewers and therefore intend to seek Europe-wide arrangements for protecting free-to-air live broadcasts of crucial matches in these competitions.
         I am also listing some further events on a different understanding. For these events, I have recommended to the Independent Television Commission that live coverage might be allowed to be shown exclusively by a Category B broadcaster (as specified in the 1996 Act), provided there are satisfactory arrangements for secondary coverage by a Category A broadcaster. I have asked the ITC to consider setting a minimum acceptable standard for such secondary coverage, to include some combination of delayed full coverage, highlights and live radio commentary.
         The events I am listing on this understanding are:

                     Cricket Test Matches played in England

                     Non-finals play in the Wimbledon Tournament

                     All other matches in the Rugby World Cup Finals Tournament

                     Five Nations Rugby Tournament matches involving home countries

                     The Commonwealth Games

                     The World Athletics Championship

                     The Cricket World Cup — the final, semi-finals and matches involving home nations teams

                     The Ryder Cup

                     The Open Golf Championship.

         (1)  S.I. 1997/1174.

         (2)  1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created by or arising under the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (Cm 2073) and the Protocol adjusting that Agreement signed at Brussels on 17 March 1993 (Cm 2183).

         (3)  1996 c. 55.

         (4)  The present annex reproduces the extracts from the ITC Code as notified by the UK to the Commission on 5 May 2000. However, the UK list was amended in 2001 following the change of name of this event to the Six Nations Rugby Tournament.

         (5)  Following the change of name to Six Nations Rugby Tournament, the relevant date for this event is 24 January 2001.


               19.2.2016

               EN

               Official Journal of the European Union

               C 65/200

         P7_TA(2013)0252
   Appointment of a member of the Court of Auditors
   European Parliament decision of 12 June 2013 on the nomination of George Pufan as a Member of the Court of Auditors (C7-0115/2013 — 2013/0805(NLE))
   (Consultation)
   (2016/C 065/37)

      The European Parliament,

               —

               having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0115/2013),

               —

               having regard to Rule 108 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0181/2013),

               A.

               whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

               B.

               whereas at its meeting of 27 May 2013, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

               1.

               Delivers a favourable opinion on the Council’s nomination of George Pufan as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


title: 2009/234/EC: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Police College for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/250

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Police College for the financial year 2006
   (2009/234/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Police College for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Police College for the financial year 2006, together with College's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA (4), and in particular Article 16 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0121/2008),

               1.

               Notes that the final annual accounts of the European Police College are as annexed to the Court of Auditors' report;

               2.

               Approves the closure of the accounts of the European Police College for the financial year 2006;

               3.

               Instructs its President to forward this Decision to the Director of the European Police College, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 52.

      (2)  OJ C 309, 19.12.2007, p. 105.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 256, 1.10.2005, p. 63.

      (5)  OJ L 357, 31.12.2002, p. 72.


title: Council Decision (EU) 2016/1850 of 21 November 2008 on the signature and provisional application of the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part

text:
               21.10.2016

               EN

               Official Journal of the European Union

               L 287/1

         COUNCIL DECISION (EU) 2016/1850
   of 21 November 2008
   on the signature and provisional application of the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 181 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 12 June 2002 the Council authorised the Commission to open negotiations of Economic Partnership Agreements with ACP countries.

               (2)

               Negotiations of a stepping stone Economic Partnership Agreement (hereinafter referred to as the ‘stepping stone EPA’) have been concluded with Ghana and the stepping stone EPA was initialled on 13 December 2007.

               (3)

               Article 75 of the stepping stone EPA provides for its provisional application pending its entry into force.

               (4)

               The stepping stone EPA should be signed on behalf of the Community and applied, as concerns elements falling within the competence of the Community, on a provisional basis subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the stepping stone Economic Partnership Agreement between Ghana, of the one part, and the European Community and its Member States, of the other part, is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the stepping stone EPA is attached to this Decision.
   Article 2
   For the purposes of Article 73(2) of the stepping stone EPA, the EPA Committee shall be composed, on the one hand, of the members of the Council and of representatives of the Commission and, on the other hand, of representatives of the Government of Ghana. The Commission shall propose to the Council, for its decision, the position of the European Community with a view to the negotiation of the EPA Committee's rules of procedure.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the stepping stone EPA on behalf of the European Community subject to its conclusion.
   Article 4
   As concerns elements falling within the competence of the Community, the stepping stone EPA shall be applied on a provisional basis as provided for in Article 75 thereof, pending completion of the procedure for its conclusion. The Commission shall publish a notice providing information on the date of provisional application.

      Done in Brussels, 21 November 2008.

            For the Council

            The President

         E. WOERTH


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31979D0810

79/810/EEC: Council Decision of 18 September 1979 appointing an alternate member of the Advisory Committee on Training in Nursing

Official Journal L 240 , 22/09/1979 P. 0027 - 0027

****( 1 ) OJ NO L 176 , 15 . 7 . 1977 , P . 11 .  ( 2 ) OJ NO L 18 , 25 . 1 . 1979 , P . 25 .    COUNCIL DECISION   OF 18 SEPTEMBER 1979   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 79/810/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 77/454/EEC OF 27 JUNE 1977 SETTING UP AN ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS BY ITS DECISION 79/85/EEC ( 2 ) THE COUNCIL APPOINTED MRS G . AHLSTROEM AS AN ALTERNATE MEMBER FOR THE PERIOD ENDING ON 14 JANUARY 1982 ;   WHEREAS THE GOVERNMENT OF DENMARK NOMINATED MRS A . E . HANSEN , ON 3 JULY 1979 , WITH A VIEW TO REPLACING MRS G . AHLSTROEM ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MRS ANNY ELISABETH HANSEN IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING IN PLACE OF MRS GRETA AHLSTROEM FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 14 JANUARY 1982 .   DONE AT BRUSSELS , 18 SEPTEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . O ' KENNEDY


title: Council Decision (EU) 2016/590 of 11 April 2016 on the signing, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change

text:
               19.4.2016

               EN

               Official Journal of the European Union

               L 103/1

         COUNCIL DECISION (EU) 2016/590
   of 11 April 2016
   on the signing, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               At the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change (COP 21), which took place in Paris from 30 November to 12 December 2015, the text of an agreement was adopted concerning the strengthening of the global response to the threat of climate change. The Paris Agreement will enter into force on the 30th day after the date on which at least 55 parties to the Convention accounting in total for at least an estimated 55 % of total greenhouse gas emissions, have deposited their instruments of ratification, acceptance, approval or accession. Parties to the Convention include the Union and its Member States.

               (2)

               The Agreement, inter alia, sets out a long-term goal in line with the objective to keep the global temperature increase well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1,5 °C above pre-industrial levels. In order to achieve this goal, the Parties will prepare, communicate and maintain successive nationally determined contributions.

               (3)

               On 6 March 2015, the Union and its Member States communicated their intended nationally determined contribution, which provides for a commitment to a binding target of at least a 40 % domestic reduction in greenhouse gas emissions by 2030 compared to 1990, as set out in the conclusions of the European Council of 23 October 2014 on the 2030 climate and energy policy framework.

               (4)

               The Agreement is open for signature at the United Nations Headquarters in New York from 22 April 2016 to 21 April 2017.

               (5)

               The Agreement is in conformity with the environmental objectives of the Union as referred to in Article 191 of the Treaty, namely preserving, protecting and improving the quality of the environment; protecting human health; and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.

               (6)

               There exists legislation in the Union implementing some of these objectives. Part of this existing Union legislation will have to be revised in order to implement certain provisions of the Agreement.

               (7)

               Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Paris Agreement to the United Nations Framework Convention on Climate Change (1) is hereby authorised.
   The signing shall take place in New York on 22 April 2016, or as soon as possible thereafter.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  The text of the Agreement will be published together with the Decision on its conclusion.


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32000D0092

2000/92/EC: Council Decision of 24 January 2000 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 June 1999 to 31 May 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Democratic Republic of São Tomé e Principe on fishing off the coast of São Tomé e Principe

Official Journal L 028 , 03/02/2000 P. 0040 - 0040

COUNCIL DECISIONof 24 January 2000on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 June 1999 to 31 May 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Democratic Republic of São Tomé e Principe on fishing off the coast of São Tomé e Principe(2000/92/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Community and the Government of the Democratic Republic of São Tomé e Principe on fishing off the coast of São Tomé e Principe(1), hereinafter referred to as "Agreement",Having regard to the proposal from the Commission,Whereas:(1) the Community and São Tomé e Principe have held negotiations with a view to determining amendments or additions to be made to the Agreement at the end of the period of application of the current Protocol annexed to the Agreement;(2) as a result of those negotiations, a new Protocol was initialled on 31 May 1999;(3) under this Protocol, Community fishermen may fish in waters under sovereignty or jurisdicition of São Tomé e Principe from 1 June 1999 to 31 May 2002;(4) in order to avoid interruption of fishing activities by Community vessels, it is essential that the said Protocol be approved as quickly as possible; both Contracting Parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force; the Agreement in the form of an Exchange of Letters should be approved subject to a defintive decision under Article 37 of the Treaty;(5) the method for allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional of the Protocol setting out, for the period from 1 June 1999 to 31 May 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Democratic Republic of São Tomé e Principe on fishing off the coast of São Tomé e Principe is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:- freezer tuna seiners: France 18, Spain 18;- pole-and-line tuna vessels: France seven;- Surface longliners: Spain 28, Portugal Five.If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters on behalf of the Community.Done at Brussels, 24 January 2000.For the CouncilThe PresidentL. CAPOULAS SANTOS(1) OJ L 54, 25.2.1984, p. 1.