Media Study - Medija centar Beograd

Member States are free to define as public service remit a broad programme spectrum such as
providing the public with a balanced and varied programming that also includes, for instance,
entertainment and sport.
However, the public service remit could not extend to activities that could not be reasonably
considered to meet in the wording of the Protocol on the "democratic, social and cultural needs of
each society".
Based on Article 107 TFEU (initially Article 86 EC Treaty), the Commission requires that the following
conditions be met:
The establishment of a clear and precise definition of public service in broadcasting (whatever its
content);
The formal entrustment of the public service mission to one or more undertakings by means of an
official act.
It is desirable that a body or authority of the Member State independent from the entrusted
undertaking(s) monitor the fulfillment of the public mission;
The limitation of public funding to what is necessary for the fulfillment of the public service
mission (proportionality).
In carrying out the proportionality test, the Commission will in particular consider whether any
distortion of competition arising from the aid can or cannot be justified with the need to perform the
public service as defined by the Member State and to provide for its funding.
Finally, the Communication recalls that public service broadcasters in so far as they are beneficiaries
of State aid and are also active in non-public service activities must comply with the requirements
under the so-called "Transparency Directive". The Directive imposes the separation of accounts
between public service and non-public service activities: the present Communication specifies the
criteria to be followed by broadcasting operators.
In July 2009, the EU Commission has adopted a number of changes and amendments to the above
principles in an additional Communication. These are in particular are:
the ex ante control of significant new services launched by public service broadcasters (balancing
the market impact of such new services with their public value);
clarifications concerning the inclusion of pay services in the public service remit;
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