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Media Study - Medija centar Beograd

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5.2.2 APPENDIX 2 TO ANNEX 5.2 PUBLIC FINANCING OF PUBLIC SERVICE BROADCASTERS<br />

AND STATE AID RULES<br />

PUBLIC FINANCING OF PUBLIC SERVICE BROADCASTERS<br />

AND STATE AID RULES<br />

European public service broadcasters receive more than €22 billion annually from licence fees or<br />

direct government aid, placing them in third place, after agriculture and transport companies, among<br />

recipients of state aid.<br />

The Protocol to the Treaty of Amsterdam clarifies that national public service broadcasting systems are<br />

directly related to the democratic, social and cultural needs of society. It guarantees Member States'<br />

right to fund public service broadcasting insofar as such funding is granted for the fulfillment of a<br />

public service remit as conferred, defined and organised by each Member State, and insofar as such<br />

funding does not unduly affect trade and competition in the EU 106 .<br />

To clarify its understanding of this Protocol, the Commission first adopted a Communication on the<br />

application of state aid rules to public service broadcasting in 2001<br />

The EU Commission’s 2001 Communication adopts the following approach:<br />

The Commission recognises the particular role of public service broadcasting as acknowledged by the<br />

Protocol to the Amsterdam Treaty in the promotion of democratic, social and cultural needs of each<br />

society.<br />

The Commission is competent for control on State aid. Public broadcasting can be defined as a service<br />

of general interest, but its funding by state resources in general remains State aid.<br />

106 The Amsterdam protocol defines the "public service remit as conferred, defined and organised by each Member<br />

State" and provides a derogation to Treaty rules for funding of public service broadcasting "in so far as such funding<br />

is granted to broadcasting organisations for the fulfilment of the public service remit…and …does not affect trading<br />

conditions and competition in the Community to an extent which would be contrary to the common interest, while<br />

the realisation of the remit of that public service shall be taken into account".<br />

133

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