22.7.93 Official Journal of the European Communities No L 179/23 COMMISSION DECISION of 11 June 1993 relating a proceeding pursuant to Article 85 of the EEC Treaty (IV/32.150 — EBU/Eurovision System) ' (Only the English and French texts are authentic) (93/403/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 4, 6 and 8 thereof, Having regard to the Commission Decision of 5 December 1988 to initiate proceedings in this case, Having regard to the application submitted on 3 April 1989 by the European Broadcasting Union for negative clearance, or for exemption pursuant to Article 85 (3) of the EEC Treaty in respect of its internal provisions (‘Statutes’) and other regulations governing the acquisition of television rights to sports events, the exchange of sports programmes within the framework of Eurovision and contractual access to such programmes for third parties, Having published, pursuant to Article 19 (3) of Regulation No 17, a summary (%) of the rules and the resultant coope- ration under the Eurovision arrangements, Having given third parties concerned the opportunity to make known their views on the Commission’s intention to grant an exemption, pursuant to Article 19 (3) of Regu- lation No 17 and Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Regulation No 17 (), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. @ OJ No C 251, 5. 10. 1990, p. 2. () O No 127, 20. 8. 1963, p. 2268/63. Whereas : ) @ 3 I. THE FACTS On 3 April 1989 the European Broadcasting Union (EBU) notified to the Commission its provisions (‘Statutes’) and other rules governing the acquisition of television rights to sports events, the exchange of sports programmes within the framework of Euro- vision and contractual access to such programmes for third parties (EBU model contract for the acqui- sition of Eurovision rights in a sports event, rules on sharing of transmission rights under Eurovision sports agreements — including relating rules — rules on the use of the Eurovision signal and rules on sub-licences to non-members). In conjunction with the notification it applied for negative clea- rance or, alternatively, exemption pursuant to Article 85 (3) of the EEC Treaty. A. The EBU organization The EBU is an association of radio and television organizations set up in 1950 with headquarters in Geneva. It has no commercial aim. Its principal objects are : to support its active members in their task of serving the interests of the general public in the best possible manner, to support and defend in every domain the interests of its members and to assist its members in negotiations of any kind or negotiate at their request on their behalf; to promote cooperation between its members and with other broadcasting organizations or groups of such organizations and in particular to promote radio and television programme exchanges by all possible means; to prepare and take all measures designed to assist the development of broadcasting in all its forms. Active membership of the EBU is open to broad- casting organizations or groups of such organiza- tions which provide, in a country situated in the