Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 229 91111.

Email address: [email protected]

EUROPEAN COMMISSION Directorate-General for Competition

Markets and cases II: Information Technology, Communication and Media

State Aid

Brussels, 24 October 2025 COMP.C.4/AS/CP comp(2025)11744133

Permanent Representation of Estonia

to the European Union

by email

Subject: HT.100453 – Evaluation of the Broadcasting Communication

Dear Sir/Madam,

The Commission has recently initiated the evaluation of the Communication on the

application of State aid rules to public service broadcasting1 (the “Broadcasting

Communication”). This evaluation aims to assess how the Broadcasting Communication

has worked since its last revision in 2009, and whether it has addressed (and continues to

address) technological, market, and legal developments. In particular, the Commission will

evaluate whether the Broadcasting Communication has provided (and continues to

provide) clear guidance to stakeholders and Member States on the application of State aid

rules in the public broadcasting sector. The evaluation will also consider whether Member

States have faced difficulties in implementing schemes in line with these rules (and are

likely to face similar or new difficulties in the future).

In the context of this evaluation, the Commission has launched an open public consultation,

available on the Commission’s “Have your Say” website here. In parallel, the Commission

has also initiated an expert consultation, primarily addressed to stakeholders with specific

expertise and/or those directly involved in or affected by the Broadcasting

Communication. This consultation can be accessed via the DG Competition website here.

Your Authorities are encouraged to participate in both consultations, so that the

Commission could collect comprehensive information on the functioning of the

Broadcasting Communication.

In addition to the above-mentioned consultation activities, the Commission seeks to collect

consolidated data on the application and implementation of the Broadcasting

Communication. To this end, in the present letter, we request your Authorities to provide

detailed information about the implementation of the Broadcasting Communication, also

indicating any difficulties encountered in the application of its provisions.

1 Communication from the Commission on the application of State aid rules to public service

broadcasting, OJ C 257, 27.10.2009, p.1-14.

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Your Authorities are invited to respond to the following questions and submit the requested

documents:

Definition and entrustment of public service remit

1. Please provide the applicable legal basis governing the operation, functioning, and

financing of the public service broadcaster(s) in your Member State. Your

Authorities are also requested to submit copies of any relevant secondary

legislation, management contracts, binding terms of reference, or other official acts

regulating public service broadcasting within your jurisdiction.

2. Please indicate the relevant provisions within the definition and entrustment act(s)

concerning:

i) the definition of the public service remit;

ii) the conditions for providing the compensation; and

iii) the arrangements for avoiding and repaying any overcompensation.

3. Please summarise any changes to the legal basis since October 2009 (i.e. when the

Broadcasting Communication entered into force). Please provide your answer by

completing the table in Annex 1.

Diversification of public broadcasting services

4. Please indicate whether the legal basis includes specific rules for the provision of

services beyond “traditional” broadcasting (e.g. provision of Video-on-Demand

services or online text-based services). If so, please specify the relevant provisions.

5. Points 84 to 91 of the Broadcasting Communication set out provisions on the ex

ante test that Member States must carry out when they introduce significant new

audiovisual services.

Please indicate whether your Authorities have conducted such an ex ante test since

the introduction of this requirement. If so, please briefly describe this exercise,

including:

i) the date of the test;

ii) the services introduced;

iii) the body responsible for the assessment; and

iv) whether a public consultation was conducted.

6. Have your Authorities faced any difficulties, either in determining whether the ex

ante test was necessary prior to introducing a given service or in conducting the

test itself? If so, please specify.

Supervision of the fulfilment of public service obligations

7. Please specify which body is responsible for supervising the fulfilment of the

public service obligations in your Member State. Please also identify the relevant

provisions within the legal framework.

8. Points 53 and 54 of the Broadcasting Communication require Member States to

ensure effective supervision of the fulfilment of the public service obligations.

In this context, please explain how it is ensured that the supervisory body in your

Member State is effectively independent from the management of the public

service broadcaster(s).

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9. Please describe how the supervisory body conducts its oversight of the public

service broadcaster(s).

10. Please describe the remedies that the supervisory body may impose on the public

service broadcaster(s), in accordance with point 54 of the Broadcasting

Communication.

11. Please explain whether there is an appeal mechanism in place against the decisions

of the supervisory body. If so, please provide details and, if appropriate, illustrate

with examples.

Transparency requirements

12. Point 65 of the Broadcasting Communication acknowledges that, in the public

broadcasting sector, separation of accounts may be more difficult on the cost side.

Please indicate whether your Authorities are aware of any practical difficulties

encountered by the public service broadcaster(s) in distinguishing between costs

related to public service activities and costs of non-public service activities. If so,

please describe the solutions or approaches implemented to address these

challenges.

Net cost principle and overcompensation

13. Point 73 of the Broadcasting Communication recognises that public service

broadcasters may retain overcompensation of up to 10% of the annual budgeted

expenses of the public service mission, provided that it is necessary for securing

the financing of their public service obligations. Point 74 allows, by way of

exception, for overcompensation exceeding this limit in duly justified cases,

subject to specific safeguards.

Please indicate whether your Authorities have ever applied these provisions. If so,

please describe the conditions under which the public service reserves may be used

by the public service broadcaster(s) and whether the reserves exceed 10% of the

annual budgeted expenses.

Financial control mechanism

14. Please specify which body (or bodies) are responsible for carrying out the financial

control of the public service broadcaster(s) in your Member State. Please also

identify the relevant provision(s) in the legal framework.

15. Please indicate whether these financial controls are carried out regularly and

specify the intervals at which they take place.

16. Please describe the mechanism in place in your Member State to recover

overcompensation.

17. According to point 79 of the Broadcasting Communication, the financial situation

of the public service broadcaster should be subject to an in-depth review at the end

of each financing period as provided for in the national broadcasting systems of the

Member State, or in the absence thereof, a time period which should not normally

exceed four years.

Please explain how this provision is applied in your Member State, including:

i) the frequency of the in-depth review;

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ii) the body responsible for conducting this review; and

iii) a brief description of the review procedure.

Proportionality and market behaviour

18. Please indicate whether the public service broadcaster(s) in your Member State

engage in commercial activities. If so, please specify the nature of these activities

and their extent (e.g. the average percentage that the income from commercial

activities represents out of the total income).

19. Please describe the mechanisms in place to ensure that public service broadcaster(s)

respect market principles when carrying out commercial activities.

Nature of the aid: existing aid as opposed to new aid

20. Points 25 to 31 of the Broadcasting Communication explain how the Commission

differentiates between existing aid and new aid in the public service broadcasting

sector.

Please explain your views as to whether this section is sufficiently clear and

provides adequate guidance for your Authorities.

21. Have your Authorities encountered any difficulties in determining whether certain

changes to the legal basis result in new aid? If so, please specify.

Other issues

22. Please share any additional comments you may have regarding the application and

implementation of the Broadcasting Communication. This may include any other

difficulties faced beyond those previously described above when applying the

Broadcasting Communication; any provisions that are unclear or difficult to

understand; or any complaints related to the public service broadcaster(s) in your

Member State, including those submitted to relevant media authorities, ministries,

and courts.

I would appreciate receiving your response within 30 working days from the date of receipt

of this letter. Please send your reply to the following e-mail address: COMP-

[email protected].

In all correspondence with our services, please mention the case reference provided above

in the subject line: HT. 100453 – Evaluation of the Broadcasting Communication.

If you have specific questions regarding this request for information, please contact the

case team who is prepared to assist you. Please also provide us with the contact details of

the person(s) responsible for handling any queries related to the reply to this request for

information, including the e-mail address(es) and phone number(s).

This letter is issued in English. However, your reply may be submitted in any of the official

EU languages.

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Yours faithfully,

e-signed

Krzysztof KUIK

Head of Unit

Contact persons:

Agnes SZARKA ([email protected] ; Tel. +32 229 53164)

Charlotte PETIT ([email protected] ; Tel. + 32 229 61514)

Angela GUARRATA ([email protected] ; Tel. +32 229 68496)

Alessandro DE STEFANO (Alessandro.DE [email protected] ; Tel. +32 229

68497)

Annex:

Overview of modifications to the legislation governing public service broadcasting since

October 2009