No C 76/ 8 Official Journal of the European Communities 18 . 3 . 93

Notice pursuant to Article 19 (3) of Council Regulation No 17 (') concerning a notification in Case No IV/34.605 — Eurosport Mark III

(93/C 76/06)

1 . On 29 January 1993 the Commission received noti­ Sports Network (TESN) — brought further change in fication of the agreements which are to govern the the legal and operational structure of the channel , which operation of the Eurosport channel following its recent is to be broadcast from 1 March 1993 in a new form , reorganization , together with an application for negative Eurosport Mark III ; it is these contracts which are the clearance under Article 85 ( 1 ) of the EEC Treaty or, subject matter of this notice . alternatively , exemption under Article 85 (3). These agreements are a modified version of those previously notified to the Commission in Case No IV/34.057 — 2 . TESN Eurosport Mark II which related to the operation , in its previous form , of that channel . 5 . Like Eurosport , TESN was a pan-European channel devoted to sports programmes and broadcast in several languages by cable and satellite . It began broad­ casting its first service , Screensport, in English in 1984 ; I. THE PARTIES following its latest reorganization , it has a network of four national subsidiaries — Screensport, Sportkanal (Germany), Sportnet ( Netherlands) and TV Sport 1 . Eurosport (France) — which together broadcast to about 30 million households throughout Europe . The capital is currently shared between Canal -I- , Generale d'Images and ESPN . 2 . Eurosport is a pan-European television channel Under the agreements now notified , TESN ceased devoted entirely to sports programmes and broadcast in broadcasting on 28 February 1993 . several languages by satellite and cable . It is received across Europe by more than 30 million households 3 . The Eurosport Consortium connected to a cable network or to an individual or communal satellite dish . It is financed by advertising 6 . The Eurosport Consortium is a body established revenue and by the charges paid to it by cable operators under Swiss law ; its 14 members are national television out of their viewers ' subscriptions . channels from different countries all of which are required to provide a public service and are active members of the EBU . Six of them are established in the 3 . Eurosport Mark I , which began broadcasting in Community : the British Broadcasting Corporation , February 1989 , was a joint subsidiary of the Eurosport Radiotelevisione Italiana , Belgische Radio en Televisie Consortium — which consisted of a number of national Nederlandse Uitzendingen , Danmarks Radio , Elliniki television channels from different countries all of which Radiophonia Tileorassi and Radio Television Beige were active members of the European Broadcasting Francophone . Union ( EBU) — and of News International/Sky Channel . The Commission adopted a decision prohi­ biting this arrangement on 19 February 1991 , in Case 4 . TF1 IV/ 32.524 — Screensport/ EBU Members ( 2 ). On 5 May 1991 Sky Channel withdrew from the joint subsidiary, 7 . Television Française 1 (TF1 ) was privatized in with broadcasts being interrupted for over two weeks . 1987 . A controlling interest (50 % ) is held by a group of The Consortium found a new partner, Television investors which includes Credit Lyonnais and Societe Française 1 (TF1 ), itself an active member of the EBU ; Generale and is led by the Bouygues group, which itself TF1 took over Sky Channel 's share , and on 22 May holds 25 % of the capital and exercises operational 1991 the Eurosport channel started broadcasting again , control . Bouygues' is active primarily in the building with a new legal and operational structure , as Eurosport sector . With the exception of TF1 , no company in the Mark II . Bouygues group is involved in broadcasting . TF1 operates the premier television broadcasting channel in France , which is financed by advertising revenue . The 4 . The relevant agreements , namely an agreement of 9 channel is a general -interest channel whose broadcasts May 1991 and a partnership agreement and annexes of include a number of sports programmes . It is relayed by 18 December 1991 , were notified to the Commission in cable in several other Member States , mainly in French­ Case IV/ 34.057 — Eurosport Mark II . Subsequent speaking areas . contracts with new partners — Canal + , ESPN and Generale d'Images , all shareholders in The European 5 . Canal +

(') OJ No 13 , 21 . 2 . 1962 , p . 204 /62 . 8 . Canal 4-, which was established in 1984 , provides a O OJ No L 63 , 9 . 3 . 1991 , p . 32 . pay-television service in France . It is financed firstly by 18 . 3 . 93 Official Journal of the European Communities No C 76/9 viewers' subscriptions and secondly by advertising The parties wish to cooperate in order to provide a revenue . Its broadcasts consist mainly of cinema films but single service that will ensure the survival of one also include a number of sports programmes . Canal + pan-European sports channel since they believe that the has recently begun offering the Canal Satellite service , a current structure of the market and development set of pay-TV channels which include Canal J (children's prospects are such that financial equilibrium cannot be programmes), Planete (documentaries ) and MCM Euro­ achieved by two channels . musique ; these channels are relayed by cable and by the Telecom 2 satellite for direct reception by viewers not connected to cable . 1 . The operational structure of Eurosport Mark III

One of these special-interest channels was TV Sport, a 12 . The agreements provide for a single subsidiary of TESN in which Canal 4- was one of the pan-European service that is to be broadcast in several shareholders . Outside France , Canal 4- operates languages under the name of Eurosport ; editorial control channels broadcast by satellite and cable in Belgium , would be exercised by the Eurosport Consortium , which Germany and Spain . Its capital is divided mainly between would continue to be responsible for broadcasting the Groupe Havas , Caisse des Depots , Generale des Eaux service . There would be a special French-language and Societe Generale . version intended solely for the French-speaking countries (France , French-speaking Belgium , Switzerland and Luxembourg ) which would carry a daily two-hour slot 6 . ESPN devoted to programmes of more specific interest to the French-speaking public . This version would be broadcast 9 . ESPN Inc . operates a television channel in the in encrypted form by the Telecom 2 satellite , while the United States which is relayed by cable and is given over international version would be broadcast without being to the broadcasting of sporting events . ESPN is indi­ scrambled by the Astra and Eutelsat satellites . rectly controlled by Video Enterprises , which is in turn a subsidiary of Capital Cities /ABC Inc ., the company 13 . The management and marketing of the channel which operates ABC Television Network, one of the are to be handled by a number of specialized joint three nationwide channel networks in the United States . ventures . Its commercial activities , and particularly the ABC Television Network consists of general-interest sale of advertising time , are to be managed by two channels whose programmes include a number of sports jointly owned marketing companies : European Sales programmes . Apart from TESN , the ABC /ESPN group Organization ( ESO), whose capital would be divided has no other significant interests in European television between TFl ( 34 % ), Canal + ( 33 % ) and ESPN channels , with the exception of its participation in a ( 33 % ) and which would look after marketing in the generalist channel in Germany , RTL 2 . non-French-speaking countries , and TV Sport SA , whose capital would be divided between Canal + 7 . Generale d'Images (34 % ), TFl ( 31 % ), Generale d'Images (25 % ) and ESPN ( 10 % ) and which would look after marketing in 10 . Generale d'Images is a French company engaged the French-speaking countries . in the production and marketing of television programmes . It has holdings in local television channels 14 . Programme scheduling , production and the trans­ ( Monegasque des Ondes , Tele Lyon Metropole and Tele mission of the television signal are to be the responsi­ Toulouse) and in several of the special-interest channels bility of Societe Europeenne de Teletransmissions offered by Canal +, namely TESN, Cine Cinema and Sportives , whose capital is shared between the Eurosport Cine Cinefil (which broadcast recent films and classics), Consortium ( 50 %) and Societe d'Administration et de and Canal Jimmy (which broadcasts 1960s programmes). Gestion de l'Audiovisuel Sportif , which is ESO's It is itself a subsidiary of Generale des Eaux, a French management company and whose capital is shared in the company whose main business activities are water and same way as ESO's . Production of the French-language energy distribution and the operation of cable networks version — that is to say , production of the French in France . soundfeed and of the video signal for the daily two-hour programme slot intended more specifically for the French-speaking public — is to be the responsibility of II . THE AGREEMENTS TV Sport , under the editorial control of the Eurosport Consortium . 1 1 . Under the agreements between the parties ( an agreement of 8 January 1993 with annexes): 2 . Eurosport's public-service obligations — the shareholders in TESN are to take holdings in Eurosport , that is to say in several joint ventures 15 . As was the case with Eurosport Mark II , operating and marketing the channel ; this is coupled Eurosport's scheduling is centered around the public­ with an obligation on all parties not to compete with service obligations borne by each of the members of the the activities of the joint ventures ; Eurosport Consortium . The requirements which the parties impose on Eurosport include a number of specifi­ — TESN is to cease broadcasting , and part of its cations intended to ensure that , in the broadcasting of business is to be taken over bv Eurosport . sporting events , the public-service obligations of each of No C 76/ 10 Official Journal of the European Communities 18 . 3 . 93 the members of the consortium are carried over to the with a system for the joint acquisition of broadcasting pan-European level . Thus , Eurosport's programmes are rights for international sporting events . The system is the to complement the programmes of the members of the subject of separate proceedings in Case IV/ 32.150 — Consortium . Eurosport is to broadcast major interna­ EBU-Eurovision System . tional and European sporting events insofar as they are not broadcast by its members . In addition , it is to III . THE DECISION ENVISAGED BY THE COMMISSION broadcast sports with a small following and of limited The Commission proposes to take a favourable decision commercial appeal , to present sports involving minorities in relation to the agreements concerning Eurosport such as handicapped people , and to broadcast Mark III . Before doing so , it wishes to invite all programmes that highlight the cultural and educational interested parties to send their comments within one aspects of sport . month of the date of publication of this notice , quoting 16 . In view of its public-service obligations and the the reference IV/ 34.605 — Eurosport Mark III , to : fact that the responsible broadcaster is a consortium Commission of the European Communities , consisting solely of active members of the EBU , Directorate-General for Competition , Eurosport takes part in the Eurovision System operated Directorate for Restrictive Practices , Abuse of Dominant by EBU members . The Eurovision System consists of a Positions and other Distortions of Competition I , system for the exchange of television programmes , 200 rue de la Loi , including sports broadcasts , between the members , along B-1049 Brussels .

Commission communication pursuant to Article 15 ( 3 ) of Council Regulation ( EEC ) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (extended, for 1993 , by Regulation ( EEC ) No 3917/92 )

(93 / C 76/07)

Pursuant to .Article 15 ( 3) of Council Regulation (EEC) No 3832/90 ('), extended for 1993 by Regulation ( EEC) No 3917 /92 ( 2 ), the Commission gives notice that the following tariff ceilings have been reached :

Order No Category Origin Amount of ceiling

40.0630 63 South Korea 6 tonnes 40.0660 66 Romania 12 tonnes 40.0670 67 India 85 tonnes 40.0670 67 Thailand 85 tonnes 40.1000 100 South Korea 27 tonnes 40.1 11C 111 Romania 2 tonnes

(') OJ No L 370 , 31 . 12 . 1990 , p . 39 . O OJ No L 396 , 31 . 12 . 1992 , p . 1 .