11. 09. 2012

ANEM AND SOKOJ SIGNED THE PROTOCOL ON COOPERATION

After many months of negotiations, ANEM, as a representative association of broadcasters - users of musical works, has signed with SOKOJ a Protocol on cooperation, which provides broadcasters with substantial discounts and benefits for payment of the minimum fees for usage of musical works, for the period March 1 - December 31, 2012. The Protocol also regulates the issue of the debts from the previous period. Since ANEM was acting on behalf of not only its members, but also as a representative association of broadcasters, the agreed discounts and benefits will be available to other radio and TV stations under same conditions. The Protocol was signed on September 3, 2012 and will enter into force eight days after its publication in the Official Gazette of the Republic of Serbia. After signing the Protocol, ANEM issued the statement to inform the public and all broadcasters on its conclusion and benefits it foresees.

As for the discounts, the Protocol provides for the following:

• for the period between March 1 and December 31 of this year, all radio and TV stations paying the minimum fee will enjoy 50% discount on the regular minimum fee, regardless of their debts from the previous period, under the following conditions: that they have signed an agreement with SOKOJ, that they regularly deliver lists of broadcast music works and that they pay off the amount of the fee with included discount in whole, no later than the date specified in the pro-forma invoice. These deadlines, for invoices for the period between March and June this year, will not be shorter than 60 days from the day the Protocol entered into force and 15 days for monthly invoices to be delivered by SOKOJ after that;
• for pro-forma invoices already delivered by SOKOJ under the new tariff of fees for January and February this year, the Protocol stipulates the new deadline (10 days from the day of receipt of notification on renewing the deadline for payment of the discounted fee for that period, which would be sent after the Protocol's entering into force) by which the stations will be able to pay the fee with 20% discount, under the same conditions stated above;
• The above discounts on minimum fees will be applied in addition to regional discounts in cases where they exist in accordance with the current tariff; any additional discounts will be applied cumulatively but the total accumulated discount on all grounds may not exceed 75%
• Civil sector stations that already enjoy a 50% discount on the regular minimum fee will be able to accumulate the discounts, specified by the tariff and the Protocol, up to the total amount of 75%.
• The Protocol also stipulates the equalizing of the stations that broadcast most of their program in one or more minority languages in their local, ethnically mixed communities, with the civil sector stations, regarding the possibility to use discounts. Starting from March 1, 2012, the minimum fees for these stations will be calculated in the same way as for the civil sector stations - in the amount of 50% of the determined minimum fee. This benefit will be approved by Sokoj based on a proper certificate issued by the Republic Broadcasting Agency (RBA).

SOKOJ will clearly specify in its pro-forma invoices the amount of the fee with approved discount, in addition to the amount under the full tariff, as well as the deadline for paying the discounted fee, determined in accordance with the Protocol.

Regarding the benefits for payment of debts by February 29, 2012, the Protocol also stipulates the following:

• Debts from the previous period, which are not a subject of litigations, can be paid in several installments, interest free, until March 31 of the next year, on the basis of agreements to be signed individually between stations and Sokoj;
• Debts that are subject of litigation proceedings can be paid until the same deadline, but increased by the amount of court expenses - however, the Protocol stipulates that Sokoj is obliged to write off 50% of the interest on these debts.

Additionally, the Protocol stipulates that Sokoj will provide free training for all interested stations in September and October, on the use of the online portal for delivery of lists of broadcast musical works. ANEM and Sokoj will monitor and evaluate the functionality of the portal. Taking into account the objective possibility of its use by most of the stations, they will jointly set a date as of which the delivery of said lists via the online portal will become the condition for realization of discounts.

Under the Protocol, ANEM and Sokoj will analyze the effects of the Protocol in the upcoming period and agree on the following steps.

The signed Protocol represents a final stage of long-lasting efforts of ANEM to reduce the fees for broadcasters, drastically increased by the new tariff of SOKOJ (in force since December 31, 2011), and align them with the conditions in which broadcasters operate in Serbia. ANEM will continue to strive in the future to achieve better conditions for all electronic media in Serbia not only in this, but also in other domains.

Text of the Protocol is available here (only in Serbian)