The EBU's Head of Regulatory Legal Services, Richard Burnley, has travelled to Montenegro (November 12) to meet the working group responsible for drafting the new Montenegrin public service broadcasting media law. It includes representatives from the Broadcasting Council, the Ministry of Culture and the Ministry of Finance.

The most recent draft raises a number of crucial concerns about the future independence of EBU Member, RTCG, and about its funding mechanism.

As an EU accession country, Montenegro must ensure that its laws are compliant with the EU State aid rules. This has become a key issue in the drafting of the new law and the EBU made it clear to the Drafting Committee that the State aid rules do not oblige the Member State to have a contract between government and broadcaster setting out the public service remit. In fact, the Member State can "entrust" the public service remit using any official act (legislation, contract or binding terms of reference), as long as the remit is "clear and precise". The question of what legal instrument is used to entrust the public service remit remains a national issue.

"This is a key moment for Montenegro to get it right and secure the stable, independent and adequately funded public service broadcaster that its citizens expect and deserve," said Richard Burnley during the visit.

Following the meeting, he praised RTCG's web portal as an example "not only for the region but also for broadcasters across Europe" and engaged in a live debate on national television about the new laws and the broader future of public service media (PSM) in Montenegro.