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4. After section 101 there is inserted—
101A. For the purposes of this Part, a sporting or other event is a designated event, in relation to an EEA State other than the United Kingdom, if—
(a)that State has designated the event in accordance with Article 3a(1) of Council Directive 89/552/EEC as being of major importance to its society, and
(b)the designation forms part of measures—
(i)which have been notified by that State to the European Commission for the purposes of Article 3a(2) of that Directive, and
(ii)notice of which has been published by the European Commission in the Official Journal of the Communities.
101B.—(1) A television programme provider shall not, without the previous consent of the Commission, exercise rights to televise the whole or part of an event which is a designated event, in relation to an EEA State other than the United Kingdom, for reception in that EEA State or any area of that EEA State, where a substantial proportion of the public in that EEA State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with Article 3a(1) of Council Directive 89/552/EEC.
(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 rights were acquired before the day on which the event became a designated event.”
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