08. 02. 2013

New Protocol on Cooperation between ANEM and Sokoj

After negotiations led in December and January, on February 4, 2013, ANEM signed the Protocol on Cooperation with Sokoj, providing radio and TV stations with discounts for paying minimum fees for the use of music works in 2013. The Protocol will come into force eight days after being published in the Official Gazette of the Republic of Serbia. The Protocol applies to all radio and TV stations paying the minimum fee. The signing of this Protocol is supported by the following organizations - RAB Serbia, the Syndicated Radio-Television Stations of Serbia and the Group of Broadcasting Organizations of the Serbian Chamber of Commerce.

The new Protocol provides even higher discount for the minimum fees than the last year's protocol, namely 60% discount of the applicable tariff for 2013. The discount is applied, like last year, over regional discounts when they are determined by the Tariff. Accordingly, the stations will be able to pay the fee with a discount on the base tariff, namely 60% in Belgrade and Novi Sad, 64% in Vojvodina, 68% in Western and Central Serbia and up to 72% in Eastern and Southern Serbia. The maximum amount of the discounts is 75%, calculated cumulatively on all bases. Civil sector stations, as well as local stations that broadcast most of their program in one or several minority languages (as certified by RBA), will be able to pay the fee with a discount on the base tariff in the amount of 75%. All stations, regardless of the existence of any old debts or even disputes with Sokoj, will be entitled to the aforementioned discounts.

In order to use the discount, the following conditions must be met:

1. that station has signed a contract with Sokoj;

2. that the stations pays the entire amount of discounted fee within the deadline provided for in the pro-forma invoices, which shall not be less than 15 days from the date of pro-forma invoice issuance;

3. that the station regularly submits lists of broadcast music works in the form prescribed by Sokoj - for the period from January 1, 2013 - March 31, 2013, in electronic form to the address it@sokoj.rs, and for the period from April 1, 2013 onwards, only in a manner that the portal of Sokoj enables (http://ems.sokoj.rs/).

In addition to the amount under the full tariff, the pro-forma invoices will specify the amount of the fee with approved discount and the deadline for paying the discounted fee; after the expiry of the deadline, the station will not be entitled to a discount.

By March 31, 2013, Sokoj will organize free trainings for using their portal. ANEM and Sokoj will monitor and review the results of the trainings and application of the portal, so as to solve possible problems in its using without delay.

The Protocol has once again extended the deadlines for paying the fees for the second half of last year. Accordingly, the broadcasters will be able to pay the fee for the third quarter of 2012 by April 15 and those for the fourth quarter by August 1, 2013.

Stations with debts from previous period have the opportunity to enter, at their own request, into individual agreements with SOKOJ, under which they will be able to pay the debts for the period before June 30, 2012, in maximum five monthly installments, in the following cases:

• for unsettled debt claims - amount of the debt without discounts provided by the Protocol and with no interest
• for settled debt claims - disputed amount plus court costs, with the write-off of 50% interest on the disputed amount, provided that station concludes an agreement on the settlement of the debt

The Protocol foresees to be applied to the calculation of the minimum fee for the period January 1 - December 31, 2013, or until an agreement on the Tariff, if it is reached before the expiry of the Protocol. ANEM will continue to advocate for further negotiations in 2013, which would hopefully result in a new and more realistic tariff.

Protocol is available here (only in Serbian)