Germany

[DE] 12th Inter-State Broadcasting Agreement Under Discussion

IRIS 2008-8:1/18

Alexander Scheuer

Institute of European Media Law (EMR), Saarbrücken/Brussels

On 12 June 2008, the Minister-Presidents of the Länder discussed and drew provisional conclusions concerning the draft 12. Staatsvertrag zur Änderung rundfunkrechtlicher Staatsverträge (12th Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV).

Particular attention was paid to the definition of the remit of public service broadcasting, particularly in the field of new media. This was triggered by the need to implement the compromise reached with the European Commission last year as part of the procedure for monitoring state aid to ARD and ZDF (see IRIS 2007-6: 3). There is particular debate over the opportunities that should be open to public broadcasters in the field of telemedia, especially questions relating to the period of time for which content is made available, the type of content and the need for content to be programme-related. Other new rules concern the practical implementation and monitoring of the remit, the actual assignment of responsibilities and the financial conditions of the broadcasters' activities (commercial activities, shareholdings).

The Inter-State Agreement will also contain a series of new definitions, which are designed to help clarify the definition of the remit itself as well as form the first steps in implementing the Audiovisual Media Services Directive.

The draft was submitted to the Directorate General for Competition of the European Commission by the Broadcasting Commission of the Länder and jointly discussed on 24 July 2008. According to the Rhineland-Palatinate State Chancellery, which is currently chairing the Commission, the Directorate General has no fundamental objections to the proposed text. A final discussion with the DG is due to be held in late September/early October.