10. 11. 2014
ANEM SUGGESTIONS FOR DRAFTING RULEBOOK ON CO-FINANCING OF PROJECTS
1. The same rules and the same criteria for co-financing of projects for the realisation of public interest in the public information sector must be applicable to all, without exception.
In order for co-financing of public interest in the media sector to be fully in accordance with the acts regulating the control of state aid and with the unified methodology, as envisaged by the Media Strategy, the rulebook must clearly state that the same methodology, rules and criteria are applicable to all, without exception, regardless whether aid provider in a specific case is the Republic, the Autonomous Province or a unit of local self-government.
2. The minimum amount of funding to be allocated from the budget for project-based co-financing of public interest in the public information sector is determined by the Law on Public Information and Media in the extent that will ensure the realisation of public interest in the sector.
The Law on Public Information and Media prescribes that „The Republic of Serbia, Autonomous Province and local self-government unit shall provide from their budgets part of the funding for realising public interest in the public information sector". The word „part" in the above quoted article does not refer to public interest, but to the budget, and the public interest must be realised fully in this manner, and not in part. The amount of funding to be allocated for this purpose from each individual budget should be sufficient to ensure the realisation of public interest. It is necessary that the Ministry clarifies this without any doubt left in the text of the future rulebook on co-financing of projects for the realisation of public interest in the public information sector in order to avoide possible erroneous interpretations in practice.
3. Co-financing of projects is a scheme of state aid the implementation of which must be subject to the subsequent control by the Commission for State Aid Control.
ANEM is of opinion that the fact that the aid is allocated based on the public competition must not grant amnesty from responsibility in the cases where the competition, the allocation of funds or the subsequent use thereof are not implemented in accordance with the provisions of the rulebook on co-financing of projects for the realisation of public interest in the public information sector, the Law on Public Information and Media, and the Law on State Aid Control. Therefore, it is necessary that the rulebook clearly states that the allocation of the aid based on public competition does not automatically mean that it is an approved form of state aid, but that it is subject to the subsequent control by the Commission for State Aid Control and that it must be in accordance with the provisions of the above stated regulation. ANEM is of opinion that only in this manner the necessary mechanism of the control of project co-financing is established, as well as the fulfillment of a strategic goal in this area - harmonization of co-financing of projects for the realisation of public interest in the public information sector with the acts regulating the control of state aid.
4. The manager of the authority that published the call for project proposals is not absolutely bound by the recommendation of the expert commission, but he/she decides based on it.
It is necessary that the rulebook, in accordance with the Law on Public Information and Media, states clearly that the manager of the authority that published the call for project proposals decides in the competition based on the recommendation of the expert commission, although he/she is not absolutely bound by the recommendation (in which case he/she must provide a special rationale if his/her decision differs from the commission's recommendation). Any provision in the future rulebook that would underscore that the manager of the authority that published the call for project proposals may decide on the distribution of funds in a manner that is not in accordance with the commission's recommendation would be superfluous, unnecessary, and would create confusing regarding the process and it would particularly have a discouraging effect on the commission's members, which could subsequently jeopardize the entire system of project-based financing.
5. Although the regulation of the system of project co-financing is of great importance for the improvement of the conditions in which media operate, ANEM is of opinion that it is necessary to contribute in yet another way to the establishment of transparent media financing and prevention of discrimination of media in this area - by prescribing clear rules and procedures for the procurement of advertising space and the time for broadcasting program by public authorities. Therefore, ANEM called on the Ministry of Culture and Information to influence the Ministry of Trade, Tourism and Telecommunications to regulate these issues in drafting the text of the new Advertising Law.
The views expressed in the document are the sole responsibility of the authors and do not necessarily reflect the views of the Embassy of the Kingdom of the Netherlands.
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