52Next, it should be noted that, as the Commission states, the Czech Republic does not take issue with paragraphs 50 and 51 of the judgment under appeal, which relate to another factor to be taken into consideration in the context of a systematic interpretation of Article 16(b) of Directive 2004/18. According to those paragraphs, the services forming the subject matter of the contracts covered by that provision are also covered by the exception set out in footnote 3 of Annex II B to that directive, as amended by Commission Regulation (EC) No 213/2008 of 28 November 2007 (OJ 2008 L 74, p. 1), which relates to ‘contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time’. For reasons of internal consistency of Directive 2004/18, the exclusion at issue and that provided for in footnote 3 must be considered to have the same scope. The wording of footnote 3 confirms that, whereas contracts for broadcasting time may be awarded both by broadcasting organisations and by other contracting authorities, broadcasters alone are covered as regards contracts for programme material.
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