Romania

[RO] Government Decision on Financing TVR Studios Abroad

IRIS 2015-1:1/35

Eugen Cojocariu

Radio Romania International

On 29 October 2014, the Romanian Government adopted Decision No. 955/2014 (“Decision”) with regard to establishing the categories of expenditures, procedures and limits that may make possible advance payments of public funds by the Romanian Television for the production and broadcasting of television programmes abroad in the Romanian language, as well as for arranging the production and broadcasting facilities of foreign television stations controlled by the public broadcaster, Romanian Television (“TVR”). The Decision was published in the Official Journal of Romania No. 806 (Part I) of 5 November 2014. The Decision was adopted shortly after the Decision of TVR’s Board of Administration of 27 October 2014 with regard to establishing a TVR branch in the majority Romanian-speaking Republic of Moldova (see IRIS 2013-10/36, IRIS 2014-1/38, IRIS 2014-4/25).

The adopted Decision of the Government establishes categories of expenses for which payments may be made in advance of up to 100% of public funds. These categories of expenses are: staff costs, costs of production and communication, travel and accommodation expenses, copyrights and related rights, services, arrangement and operation of production and broadcast spaces of television stations abroad, the provision of immovable inventory, expenses for services and supplies, the rental of premises and equipment, studies and research, expert advice, prints and actions to promote television stations abroad.

The amounts are to be given in monthly instalments based on cost estimates, excepting expenses for the rental of premises and equipment, which are to be given in quarterly instalments. The first instalment shall be granted upon the signing of the contract, while the next ones will be based on supporting documents for the payment of the previous instalment.

The Decision of the Government applies both to the “Subsidiary of the Romanian Television” (Kishinev Studio - LLC) in the Republic of Moldova, a company controlled by TVR, and to the programmes and editorial projects intended for broadcasting abroad, as well as for arranging the production and broadcasting facilities of the foreign television stations controlled by TVR.

The TVR branch in the Republic of Moldova will conduct radio and television broadcasting activities, the production and broadcasting of programmes, advertising activities and motion picture and video productions. The activity of the TVR branch will run independently and its legal status will be that of a legal person of private law with distinct patrimony and the purpose to make profit.

TVR resumed its broadcasting activities in the Republic of Moldova on 1 December 2013 (the National Day of Romania). TVR has launched a special programme schedule for Moldova, after the existing legal issues between the two sides were amicably solved on 12 September 2013. Both sides signed the agreement for an amicable settlement of Application No. 36398/08, which was filed by TVR against Moldova before the European Court of Human Rights on 1 August 2008. The complaint was lodged because the former Communist majority in the Republic of Moldova had assigned the frequency used by TVR to a Moldovan TV channel.