Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-11-15-Speech-3-241"
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"en.20001115.10.3-241"2
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".
The resources allocated by the networks under a legal obligation are, in fact, government resources. The fact that a legal requirement to invest exists for networks does not necessarily imply that the said investment is government aid under Article 87(1) of the EEC Treaty, but rather that the Commission must exercise control pursuant to Article 87 of the EEC Treaty.
The principle by which the Commission determines if such investment is aid and, accordingly, costs such aid is the principle of the private investor operating under normal market economy conditions. The purchase of audiovisual products for subsequent broadcasting by radio is part of the normal commercial activity of TV networks. Investments made to finance such products would only constitute government aid if the networks did not obtain equivalent concessions or adequate remuneration. This remuneration can take the form of supplies, purchases of audiovisual products, coproduction shares or broadcasting rights. It could also consist of other forms of commercial compensation from their investments. In other words, investments may constitute aid when they finance production projects which are not financed by the networks in the absence of a legal obligation.
Quite clearly, the aid given to these projects would not consist of the entire financing provided by the networks. Rather, it would consist of the difference between the normal yield and the actual yield from the financed production. Finally, it must be pointed out that the fact that certain of these investments are in the form of aid does not preclude their ultimate compatibility with the rules of the Treaty. They could be regarded as compatible by virtue of the special support they provide for cultural productions."@en1
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