INHALT

2008/136/EC: Commission Decision of 22 June 2006 on the ad hoc financing of Dutch public service broadcasters C 2/2004 (ex NN 170/2003) (notified under document number C (2006)2084) (Text with EEA relevance)

COMMISSION DECISION
of 22 June 2006
on the
ad hoc
financing of Dutch public service broadcasters C 2/2004 (ex NN 170/2003)
(notified under document number C (2006)2084)
(Only the Dutch text is authentic)
(Text with EEA relevance)
(2008/136/EC)
I. PROCEDURE AND BACKGROUND
1 PROCEDURE
2 DETAILED DESCRIPTION OF THE PUBLIC BROADCASTING SYSTEM
2.1 Actors in the (public) broadcasting sector
2.2 Statutory regulation of public service broadcasting
2.2.1 Legal definitions
2.2.2 Entrustment and supervision
2.3 Sources of funding of public service broadcasters
2.3.1 Annual payments
2.3.2 Stifo
2.3.3
Ad hoc
payments
2.3.3.1 Matching funds payments
2.3.3.2 Broadcasting Reserve Fund (FOR) payments
2.3.3.3 Co-Production Fund (CoBo) payments
2.4 The reserves held by the individual broadcasters
2.4.1 Programme reserves
2.4.2 Association reserves
2.4.3 Foundation reserve NOS RTV and smaller broadcasters
2.5 Advertising on public service channels
2.6 Acquisition of football rights by the NOS RTV
2.7 Relation between broadcasters and cable operators
2.8 The measures subject to this Decision
II. GROUNDS FOR INITIATING THE PROCEDURE AND ARGUMENTS OF THE PARTIES
3 SUMMARY OF THE GROUNDS FOR INITIATING THE PROCEDURE
4. COMMENTS FROM INTERESTED PART IES
5. COMMENTS FROM THE DUTCH AUTHORITIES
(29)
III. ASSESSMENT OF THE MEASURES UNDER STATE AID RULES
6. EXISTENCE OF AID WITHIN THE MEANING OF ARTICLE 87(1) OF THE EC TREATY
6.1 Presence of state resources
6.1.1
Ad hoc
payments
6.1.2 Free access to cable
6.1.3 Free technical facilities from the NOB
6.2 Economic advantage
6.2.1 Applicability of the Altmark judgment
6.3 Distortion of competition
6.4 Affecting trade between Member States
6.5 Conclusion
7. CLASSIFICATION MEASURES AS ‘NEW’ AID
7.1 Annual payments
7.2
Ad hoc
payments
7.3 Free technical facilities
7.4 Conclusion on the classification as ‘new aid’
8. COMPATIBILITY OF THE AID UNDER ARTICLE 86(2) OF THE EC TREATY
8.1 Definition
8.2 Entrustment
8.3 Proportionality
8.3.1 Transparency and cost-allocation
8.3.2 Proportionality of public funding
8.4 Decision to initiate the procedure and period under investigation
8.4.1 Assessment of the compensation of the individual public service broadcasters
8.4.2 Over-compensation of the PO
8.5 Anti-competitive behaviour on commercial markets
8.5.1 Cable transmission
8.5.2 Advertising market
8.5.2.1 Alleged undercutting of prices for GRP 20-49
Figure 1:
Development of gross and net revenues
8.5.2.2 Benchmark for advertising prices
8.5.2.3 Conclusion on advertising
8.5.3 Football rights
9. CONCLUSION
Article 1
Article 2
Article 3
Article 4
ANNEX
INFORMATION REGARDING THE IMPLEMENTATION OF THE COMMISSION DECISION C 2/2004
1. Total number of beneficiaries and total amount of aid to be recovered
2. Measures planned and already taken to recover the aid
3. Information by individual beneficiary