L 244/18 Official Journal of the European Communities 6. 9. 97 (Acts whose publication is nor obligarory) COMMISSION COMMISSION DECISION of 26 June 1997 pursuant to Article 90 (3) of the EC Treaty on the exclusive right to broadcast television advertising in Flanders (Only the French and Dutch texts are authentic) (Text with EEA relevance) (97/606/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof, Having given the Belgian authorities and the private tele- vision company Vlaamse Televisie Maatschappij NV notice to submit their comments on the Commission’s objections to the monopoly on television advertising in Flanders, Whereas: (1) I. THE FACTS The State measure This Decision relates to the monopoly granted to the private company Vlaamse Televisie Maat- schappij NV (‘VIM’) by the Flemish community of the Kingdom of Belgium to broadcast television advertising aimed at the Flemish community as a whole. The Flemish legislation on the media was consol- idated by the Decree of the government of the Flemish community of 25 January 1995, which was ratified by the Decree of the Council of the Flemish community of 23 February 1995, here- inafter referred to as the ‘Codex’ (). The Codex consolidates the provisions of the Decree of 28 (") Belgisch Staatsblad/Moniteur belge, 30 May 1995. January 1987 on the retransmission of radio and television programmes on the radio and television cable networks and the approval of non-public tele- vision companies (hereinafter referred to as ‘the 1987 Decree’ (3)), the Decree of 12 June 1991 laying down rules on radio and television adverti- sing and sponsorship (hereinafter referred to as ‘the 1991 Decree’ (%) and the Decree of 4 May 1994 on radio and television cable networks and the autho- rization required to establish and exploit such networks and on the promotion of the broadcasting and production of television programmes (herei- nafter referred to as ‘the 1994 Cable Decree’ (*). Pursuant to the second paragraph of Article 80 of the Codex, the Flemish Government may authorize only one of the broadcasters belonging to it or approved by it to broadcast commercial and non- commercial advertising aimed at the Flemish Community as a whole. This provision of the Codex originates in the 1991 Decree, Article 3 of which contains an identical provision. Pursuant to Article 41, point 1, of the Codex, only one private broadcaster may be authorized by the Flemish Government to broadcast to the entire Flemish community. This provision is taken from Article 7 (1) (a) of the 1987 Decree. As for the () Belgisch Staatsblad/Moniteur belge, 19 March 1987. () Belgisch Staatsblad/Moniteur belge, 14 August 1991. () Belgisch Staatsblad/Moniteur belge, 4 June 1994.