Annex HT.100453 – Evaluation of the Broadcasting Communication Overview of modification s to the legislation governing public service broadcasting since October 2009 Date of entry into effect Number of legal act and link to the text of the legal act (or a copy of the text of the legal act) Short description of the change Reason s for the change (e.g. implementation of the Broadcasting Communication , introduction of a new distribution platform or service , etc.)
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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 broadcasting 1 (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.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 229 91111.
Email address:
[email protected]
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
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