Teutas - Diritto & Tecnologia

EU Competition Commissioner Neelie Kroes and Minister Presidents Kurt Beck (Rheinland-Pfalz) and Günther H. Oettinger (Baden-Württemberg) welcomed today's signature of Germany's 12^th inter-State Treaty on broadcasting. The signature will conclude the 16 Länders' endeavours to bring the activities of ARD and ZDF in line with the applicable Community rules while considering the interests of commercial operators.

Ms. Kroes and Minister Presidents Beck and Günther Oettinger expressed their satisfaction that with the entry into force of the new Treaty on 1 June 2009 a long standing discussion on the application of Community rules in this sector will finally be settled. Commissioner Kroes and Messrs Prime Ministers Beck and Oettinger agreed that today's challenge for decision makers in this field is to ensure on a lasting basis the pluralism of Europe's media landscape: "Both public and private broadcasters together perform a public mission. Today's signature of the 12^th inter-State Treaty is an acknowledgement of the constitutional development guarantee to ARD and ZDF in a digital world while considering the legitimate concerns of commercial operators who face the challenges without license fee revenues."

Commissioner Kroes added that "the 'Drei Stufen Test' ^[1] is an important example for the type of procedural safeguards needed to ensure effective control at the national level. Member States such as the UK, Ireland and Belgium are in the process of implementing other solutions tailored to their specific situation which are equally appropriate. Better control at the national level is also one of my priorities for modernising the Commission's 2001 Broadcasting Communication. The upcoming modernisation of the Communication will however not necessitate further modifications to the legal framework in Germany. With the entry into force of the new inter-State Treaty the public financing of ARD and ZDF will be in line with the EC State aid rules. "

Upon entry into force of the new inter-State Treaty on 1 June next year, the three digital television channels of ARD and ZDF will be further developed and shall be subject to a concrete entrustment based on programming concepts. This entrustment occurred after two oral hearings with media stakeholders. The public mission for ARD and ZDF's "Telemedien"^[2] is separately defined in the inter-State Treaty. This definition is expected to help public service broadcasters fulfill their role in the new media. The "Drei Stufen Test" forms part of the definition. It is a significant evolution of Germany's media law and provides for transparency and effectiveness for the introduction of new Telemedien offers. The procedural aspects of the Drei Stufen Test are further specified in transparent guidelines of the public service broadcasters, whose control bodies have already endorsed the guidelines with self-binding effect.

^[1] The three steps of the "Drei Stufen Test" are laid down in the 12^th inter-State Treaty on public broadcasting and require public service broadcasters to evaluate that each new and significant offer (1) serves the democratic, social and cultural needs of the German society; and (2) contributes in a qualitative way to "editorial competition" ("publizistischer Wettbewerb") and that (3) the public service broadcasters specify the financial impact of such offers.

^[2] "Telemedien" are electronic information and communication services. They include in particular internet services such as on-line information services, podcasts and chatrooms.

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