De Commissie verzoekt Oostenrijk om financiering van openbare dienstomroep ORF te verduidelijken (en)

The European Commission has requested under EC Treaty state aid rules clarifications from Austria concerning the public service remit, financing and control of the public service broadcaster ORF. Following several complaints, the Commission has come to the preliminary view that the current financing system is no longer in line with the EU's state aid rules. The Austrian authorities now have the opportunity to submit their comments and to propose changes to the funding system.

As of 2004, the Commission received several complaints concerning the state funding of the public service broadcaster ORF in Austria. The complainants claim that there is insufficient transparency and control as regards the public service mission and the financing of ORF. The scope and public financing of the online activities and sport broadcasts of ORF have also been challenged.

The Commission has assessed these allegations, as well as the information submitted by the Austrian authorities in light of the requirements laid down in its 2001 Communication on state aid to public service broadcasting (see IP/01/1429 ).

The Commission has applied its established analysis used in such cases and come to the preliminary conclusion that the definition of the public service remit of the ORF is not sufficiently precise, in particular as regards online activities and sports programmes and that the fulfilment of the public service tasks is not subject to adequate supervision. Furthermore, no adequate mechanisms seem to be in place to prevent overcompensation and to ensure that ORF carries out its commercial activities in line with market principles.

The Commission has indicated measures that might be appropriate to overcome the possible shortcomings. Austria now has the opportunity to comment on the Commission's preliminary view and to propose changes, where necessary, to its public broadcasting scheme. If these clarifications alleviate the Commission's concerns, the Commission may close the case in line with its practice in similar cases, such as for instance the recently concluded case with Germany (see IP/07/543 ).

As the funding system of ORF has already been in place before Austria's accession to the EU the Commission's primary aim is to bring the financing into line with the state aid rules for the future.

Similar open investigations concerning the state funding of public service broadcasters are currently pending in several other Member States, notably in Belgium (see IP/06/1043 ), The Netherlands and Ireland (see IP/05/250 ).

The Commission's assessment does not question Member States' competence to organise and finance public service broadcasting, as laid down in the Amsterdam Treaty Protocol on public service broadcasting. These investigations aim at ensuring transparency and proportionality as regards the public service mission and state funding, as well as to avoid cross-subsidization of commercial activities. For further information on how state aid rules apply to public service broadcasting see MEMO/05/73.