2008/136/EC: Commission Decision of 22 June 2006 on the ad hoc financing of Dutch... (32008D0136)
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
Feedback