On 26 January, the EBU submitted its position and consultation response to the European Commission’s review of the EU Public Procurement Directives. For public service media, the reform must preserve the legal space needed to commission and produce content independently, while keeping procurement workable in today’s fast-moving digital media environment.

In our submission, we stress that the continued importance of the broadcasting exemption in Article 10(b) of Directive 2014/24/EU, which underpins editorial independence, supports cultural and linguistic diversity, and allows the agility required for live events and breaking news. The exemption must be clearly tech-and device-neutral, covering hybrid and online services (including podcasts), and for its scope to be adapted to reflect modern production needs (notably technical and IT equipment, relevant data services, and AI tools directly linked to content production).

“The broadcasting exemption is not a technical loophole. It is a practical safeguard for independent, public-interest media. The revised rules must clearly cover programme production across platforms as well as the tools and data that enable trusted journalism and European content at speed,” said Alexandre Fall, the EBU’s Head of Competition and State Aid Law.

We further support a ‘Buy European’ approach that strengthens Europe’s autonomy and technological sovereignty. However, any European preference in procurement should be optional, proportionate and evidence-based. This is so that it does not compromise quality, innovation, or access to crucial global technologies, particularly where EU alternatives are limited or significantly more expensive.

“Public procurement can strengthen Europe’s resilience, but only if it empowers public services rather than constraining them. We support a smart, targeted and proportionate ‘Buy European’ option, rather than a blanket obligation that could raise costs or reduce access to best-in-class solutions,” said François Lavoir, the EBU’s Senior EU Policy Adviser.

Read our policy position and consultation response for the detailed recommendations.