18 May 2001 - A SUBMISSION BY AER TO THE EUROPEAN PARLIAMENT CONCERNING THE COMMISSION’S COMMUNICATION ENTITLED “SERVICES OF GENERAL INTEREST IN EUROPE”

The Association of European Radios (AER) wants to continue participating, as it has in the past, in the debate concerning the Services of General Interest in Europe. The main points we wish to draw the attention of the European Parliament to are the following:

• AER welcomed the Commission’s publication of the Communication “Services of General Interest in Europe”, where the central role of the broadcast media – both public and private – in the functioning of modern democratic societies was recognised.
• All radios, public and private, offer services of general interest and serve the public. They participate in the same way in the objectives of pluralism and must satisfy listeners’ choice and information requirements. The large audiences of private radio in Europe support this.
• European private radios have, since its inception, been subject to specific regulation in the general interest. Regulation to ensure that values such as pluralism, cultural diversity, protection of minors and of human dignity, and freedom of speech and information, should be equally applied to private and public radios as they are both providers of services of general interest. 
• AER respects the role-played by public radios, provided that they maintain a commitment to their particular objectives and do not interfere with the free market or abuse their dominant position. This implies the need for clear definitions: first, of the public service remit and the objectives of public broadcasters and, second, of the concept of services of general interest.
• AER recommends that Member States fulfil the requirement laid down by the Amsterdam Protocol on public broadcasting and define its remit, with specific reference to the distinction between “public services” and “commercial services”. A clear definition does not exist in most European countries.
• EC Competition law should be equally applied to private and public radios with no exceptions. AER considers that sector-specific changes to the EC Treaty (including Article 16) aiming to give further protection to public broadcasters are not required and would have a negative impact on the market. The Amsterdam Protocol already provides clarification on the obligations of Member States and public broadcasters. However, as we said earlier, if the Protocol is to have the desired outcome, Member States need to clearly define public service remit and the “objectives” of public broadcasters.
• AER agrees with the principle that broadcasting regulation falls under the Member States’ competencies. However, the European Commission should be responsible for guaranteeing that public operators meet the objectives required and apply EC Competition rules accordingly. Regarding State aid, Commission guidelines would be appropriate to serve as reference for national authorities when taking decisions and would create more legal certainty.
• The structural and financial complexities of most public broadcasters allow them to enjoy certain benefits such as unchecked State funds and cross-promotions and subsidies. In this context, AER welcomed the approval last year of the Commission Directive on the transparency of financial relations between Member States and public undertakings. However, the European Commission and Parliament should monitor the transposition of this Directive into national laws, in order to guarantee an effective application of its principles at European level.

The Association of European Radios (AER) is a Europe-wide trade body representing the interests of private commercial radio operators in nine EU States (France, Germany, Greece, Italy, Portugal, The Netherlands, Spain, Sweden, and the UK) and Switzerland.