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EUROPEAN COMMISSION EUROSTAT Directorate D: Government Finance Statistics (GFS) Unit D-1: Excessive deficit procedure and methodology Luxembourg, 24 April 2015 Questionnaire on public TV and/or radio broadcasting (under ESA 2010) In the last FAWG in December 2014, Eurostat presented a document "Public TV and radio broadcasting – follow-up" (Item C.2). As ESA 2010 does not provide any explicit guidelines on how to record payments for public broadcasting services (TV and/or radio payments), the document presented to the FAWG suggested an accounting treatment of these payments which (directly or indirectly) finance/support public broadcasting entities, with the aim to ensure a harmonised treatment across the EU Member States. As a follow-up it was concluded that Eurostat would launch a written consultation on this subject. The context around TV and/or radio payments had considerably changed over the past 20-30 years in many countries. Whilst at the beginning of public broadcasting, the payment to the public broadcaster 1 was undertaken in the framework of a monopoly TV and/or radio service, this does not seem to apply anymore. So while in the past there was a clear and direct link between the payments and the service received by watching a public broadcaster (the only ones which existed), now with the creation of the private broadcasters this direct link has been considerably blurred. 1 Obviously if the payment would not be passed to the public broadcaster but provided to government which would decide how much of it should be passed to the public broadcaster, this payment would have the nature of a tax. 1

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EUROPEAN COMMISSIONEUROSTAT

Directorate D: Government Finance Statistics (GFS) Unit D-1: Excessive deficit procedure and methodology

Luxembourg, 24 April 2015

Questionnaire on public TV and/or radio broadcasting (under ESA 2010)In the last FAWG in December 2014, Eurostat presented a document "Public TV and radio broadcasting follow-up" (Item C.2). As ESA 2010 does not provide any explicit guidelines on how to record payments for public broadcasting services (TV and/or radio payments), thedocument presented to the FAWG suggested an accounting treatment of these payments which (directly or indirectly) finance/support public broadcasting entities, with the aim to ensure aharmonised treatment across the EU Member States. Asafollow-up it was concluded that Eurostat would launch awritten consultation on this subject. The context around TV and/or radio payments had considerably changed over the past 20-30 years in many countries. Whilst at the beginning of public broadcasting, the payment to the public broadcaster[footnoteRef:1] was undertaken in the framework of a monopoly TV and/or radio service, this does not seem to apply anymore. So while in the past there was a clear and direct link between the payments and theservice received by watching a public broadcaster (the only ones which existed), now with the creation of the private broadcasters this direct link has been considerably blurred. [1: Obviously if the payment would not be passed to the public broadcaster but provided to government which would decide how much of it should be passed to the public broadcaster, this payment would have the nature of a tax. ]

This questionnaire seeks MS' views on the most appropriate accounting treatment in national accounts (Part I theoretical questions). At the same time, Eurostat would like to update and complete the information on public broadcasting across Member States (Part II country questions), as theinformation on these issues received in the context of 2008 Questionnaire[footnoteRef:2] may have become outdated. [2: "Questionnaire on the Treatment of television and radio licences in national accounts", circulated to FAWG in June 2008.]

Part I of this questionnaire aims to explore the general circumstances under which apayment from households or other entities (further referred to as payers) relating to public broadcasting should be regarded as compulsory and unrequited. Compulsory means imposed by government, (i.e., in this context, compulsory implies anobligation), set in some legal document, to make regular payments relating to public broadcasting, by users. However, such a legal document does not necessarily fix the way how the amount to be paid should be determined. Such a power can be delegated to other bodies together or not with collection of these payments. An unrequited transaction (i.e. transfer) is a transaction in which one institutional unit provides agood, service, or asset to another unit without receiving from the latter something in return as adirect counterpart, under the form of a cash payment or another asset. In addition, there must be anadequacy between the two sides of the transaction, such as aquantity of goods or a volume of services consumed. In this context, if there is no or weak link between the volume of broadcasting services and the payment, such a payment should be perceived as unrequited, i.e. atransfer (and not as an exchange). A link between thevolume of broadcasting services individually consumed by users and the individual payment for these services could be for example based on a number of public channels which can be received by a user, number of broadcasting hours per day/week consumed (watched), etc. Compulsory and unrequited payments made to government are treated in national accounts as taxes (ESA 2010 20.165). In principle, in case thedefinition of a tax is not met, then such payments related to public broadcasting should be treated in national accounts as sales of services.Finally, in case that a compulsory and unrequited payment related to public broadcasting, (i.e. in national accounts is classified as a tax), such payment has to be rerouted via government accounts (S.13) as a matter of principle because only government (and rest of the world in other circumstances) can levy taxes. The results of this written consultation and the summary of the replies will be presented in the2nd meeting of the TF on methodological issues (MGDD), 21-22 May 2015, possibly together with adraft proposal of the text to be included in the future 2015 edition of theMGDD. The issue will be then brought forward to the June's meeting of the EDP Statistics WG (former FAWG).

Please reply to the questionnaire before Friday 8th May, 2015, COB

Replies should be sent to [email protected] and to Lenka Valenta ([email protected]).

COUNTRY: INSTITUTION: DATE OF ANSWER:

Please tick the appropriate answer(s), where relevant.

Part I: Theoretical questions on the classification of TV and/or radio payments innational accounts (please answer irrespective of your country's situation)

Q1: Would you agree with the following statement: If an obligation to regularly pay for public broadcasting is imposed by government to users (by some decree, regulation, law or similar document), this fact implies that this payment is compulsory? Incase of the answer "no", please explain (in comments below this question). Yes

No

Comments:

Q2: Would you agree with the following statement: When an entity legally independent from government (such as a board, an agency, or a NPI, or any other entity), is delegated authority to decide on issues normally reserved to government (such as deciding of payment levels, etc.), such an entity is de facto exercising government powers, and should be seen as acting on behalf of government.

Yes

No

Comments:

For the following questions 3 to 5, let's assume that a compulsory payment relating to public broadcasting has to be made by users (on whatever basis[footnoteRef:3]). [3: For example on the basis of ownership or use of a TV/radio set, ownership or use of any other relevant device (a PC, laptop, mobile phone, etc.), other condition as for example the residency, connection to electricity network, etc.]

Q3: Would you agree with the following statement: In case that it is not possible to legally avoid paying for public broadcasting services (despite only consuming private broadcasting services), it implies that such apayment shall be perceived as unrequited (a transfer) and such a transaction considered atax?

Yes

No

Comments:

Q4: Would you agree with the following statement: If it is possible to legally avoid paying (but still consume private broadcasting services) and at the same time the individual payment (made by user and the corresponding receipt by the public broadcaster), is not linked to individual consumption of public broadcasting services, it implies that such a payment shall be perceived as unrequited (a transfer) and thetransaction thus considered a tax? Yes

No

Comments:

Q5: Would you agree with the following statement: If it is possible to legally avoid paying (but still consume private broadcasting services) and at the same time theindividual payment (made by user and the corresponding receipt by the public broadcaster), is linked to individual consumption of public broadcasting services, it implies that such apayment could be perceived as an exchange and the transaction thus considered asale of service? Yes

No

Comments:

Part II: Country arrangements concerning public the TV and/or radio broadcasting Q6: Do users in your country pay for public broadcasting? Yes

No

Comments:Note: In case you answered "no" in this Q6, i.e. households (and other entities) do not pay for public broadcasting in your country (the fee does not exist), please disregard thefollowing questions Q7 to Q13.

Q7: Please provide details on the entities which are in charge of/involved in providing public TV and/ or radio broadcasting (or possibly other relating services). Incase that this/these unit(s) directly collect(s) payments relating to public broadcasting, please indicate in the table below (last column) how such a payment is classified in national accounts (ESA 2010). Official nameField of activities (public radio, TV, other)Sector classification ESA 2010 (subsector code)Classification of the payment received (ESA2010 code)

Comments:

Q8: Please provide details on the entities which are in charge of collecting payments, relating to public broadcasting, in case that this/these entity/ies differ(s) from public broadcasting entity/ies you stated in the previous Q7.

Official name Sector classification in ESA 2010 (subsector code)Classification of the payments received (ESA 2010 code)

Comments:

Q9: Is a payment relating to public broadcasting imposed in your country by government (by some law or similar)? In case you answer "no" to this question, please provide details (in comments below this question). Yes

No

Comments:

Q10: Is a payment relating to public broadcasting imposed in your country by government (by some law or similar), but fixing the amount to be paid is delegated to anentity legally independent from government (such as a board, an agency, or a NPI, or any other entity)? In case you answer "yes" to this question, please provide details (incomments below this question). Yes

No

Comments:

Q11: Please explain on which basis the payment relating to public broadcasting is collected. Please provide details in case of the answer "other" (in comments below this question). Ownership of TV/radio

Ownership of any relevant device (computer, tablet, mobile phone, etc.)

Use of TV/radio for consumption of public broadcasting services/ ability to consume public broadcasting

Use of any device (computer, mobile phone, etc.) for consumption of public broadcasting services/ability to consume public broadcasting

Connection to the electricity network

Residency

Other

Comments:

Q12: Is it possible to legally avoid making payments relating to public broadcasting, while consuming only private broadcasting services? In case you answer "yes" to this question, please provide details (in comments below this question). Yes

No

Comments:

Q13: Do you think that a link between the individual consumption of public broadcasting services (independent of private broadcasting) and apayment relating to public broadcasting could be established in your country? Incase of answer "yes", please provide details on how this would be done (in comments below this question). Yes

No

Comments:1