Brussels, 15.2.2013 SWD(2013) 53 final COMMISSION STAFF ...

international repute – people from other Member States were not liable to crossborders for the primary purpose of visiting these museums.• It was ruled that funding for Basque theatrical productions 79 did not affect tradebetween Member States because these were small-scale productions put on bylocal micro-enterprises or small companies, their potential audience wasrestricted to a specific geographic and linguistic region, and they could not attractcross-border tourism.• In a case concerning funding for a centre promoting the Cypriot culture andheritage conservation in Nicosia (Cyprus) 80 , the Commission found that the localcharacter and the geographical position of the centre together with the nature ofthe activity exclude any effect on trade between Member States.• The Commission considered that support to build a medium- and long-termmental health care unit in the northeast of Portugal 81 does not affect tradebetween Member States because of the limited capacity of the unit (50 beds) thatwill almost entirely be used for the provision of services to residents of the areaand because of the lack of interest of other entities to provide such services in thisregion.• In a case concerning funding to a newspaper publisher publishing a dailynewspaper in Madeira 82 the Commission concluded that there was no effect ontrade. There are only two daily newspapers published in Madeira, none of whichis published by a company from another Member State. Both publishers are notactive in any other market where there is any competition with companies fromother Member States.• The Commission found that the sale of land by a Dutch municipality to a ridingschool 83 cannot have any effect on trade, even if sold at a lower than marketprice, because of the manifestly local character of the riding school.39. What if an activity is economic and affects trade between Member States?If an activity is economic and affects trade between Member States, it is covered by thecompetition rules.40. Does the application of the competition rules mean that the Member States arerequired to change the ways in which their SGEIs are organised and run?No. The fact that the competition rules apply does not mean that public authorities arerequired to ensure that there are a large number of service providers on the market. Nordoes it mean that public authorities are obliged to abolish any special or exclusive rightsalready granted to service providers which are necessary for and proportionate to theperformance of the SGEIs concerned. The public authorities can grant such rightsprovided that they do not go beyond what is necessary to enable service providers to7980818283Commission Decision in case N 257/2007 – Spain – Grants for theatrical productions in the Basquecountry, OJ C 173, 26.7.2007, p. 2.Commission Decision in case SA.34466 – Cyprus – Centre for Visual Arts and Research, decision of7.11.2012 (not yet published).Commission Decision in case SA.34576 – Portugal – Jean Piaget / Northeast medium- and long-termcontinuing care unit, decision of 7.11.2012 (not yet published).Commission Decision in case SA.33243 – Portugal – Jornal de Madeira, decision of 7.11.2012 (not yetpublished).Commission Decision in case SA.34404 – The Netherlands – Purchase of land for relocating ridingschool, decision of 7.11.2012, OJ C 370, 30.11.2012, p.2.38