EU: Public Service Broadcasting Protocol

The Amsterdam European Council agreed to a protocol on Public Service Broadcasting within the draft Amsterdam Treaty at the European Summit held on 16-17 June. The text of the protocol reads:

“Considering that the system of public broadcasting in the Member States is directly related to the democratic, social and cultural needs of each society and to the need to preserve media pluralism, we have agreed upon the following interpretative provisions, which shall be annexed to the Treaty establishing the European Community.

The provisions of this Treaty shall be without prejudice to the competence of Member States to provide for the funding of public service broadcasting in so far as such funding is granted to broadcasting organizations for the fulfilment of the public service remit as conferred, defined and organized by each Member State, and that such funding does not affect trading conditions and competition in the Community to an extent which would be contrary to the common interest, while the realization of the remit of that public service shall be taken into account.”

In other words, public broadcasting funding will be based on criteria drawn up by each Member State. These already differ considerably. While the new protocol has provided welcome assurance to public sector broadcasters, it also means that existing distortions in the broadcasting market may continue. Furthermore, private broadcasters could face difficulties entering or remaining in some markets. While the protocol also includes the condition that public funding shall not affect trading conditions and competition in the EU, the protocol’s imprecise language means that the European Court will have plenty of work in the future, making interpretative rulings.

The Amsterdam Treaty is to be signed by the Member States in October 1997 in Amsterdam. It will then have to be ratified by the national Parliaments and be assented to by the European Parliament. It is expected to come into force on 1 January 1999.