Beitragsservice von ARD, ZDF und Deutschlandradio

The ARD ZDF Germany Radio Feature Service is that of the nine public regional broadcasters of the Federal Republic of Germany, the Second German Television (ZDF ) and the Germany radio operated jointly body which collects the broadcast contribution since 1 January 2013.

The contribution Service went out of Gebühreneinzugszentrale out ( GEZ ), which lasted until 31 December 2012. The GEZ moved from 1976 to 2012 the license fee a. These charges correspond to the financing model of public service broadcasting and were in the State Broadcasting Treaty of the Länder set.

The contribution Service forwards the monies collected to the state broadcasters ARD, ZDF on, to the Germany radio and the 14 responsible for the supervision of private broadcasting Landesmedienanstalten on.

• 3.1 Fees Planning
• 3.2 levying of the charge 3.2.1 Change Since 2013

• 3.4.1 Change Since 2013

• 5.1 Legal basis
• 5.2 Privacy

History

The GEZ as a joint project of ARD, ZDF Germany and radio based in Cologne was founded in 1973 and became operational on 1 January 1976, their work. In order for the fee collection initially lying in the hands of the imperial post, later the Federal Post Office since 1923, was transferred to the remit of broadcasting. Basically there were two decisions of the Federal Administrative Court of 1968, which clearly established that the regulation of the broadcasting fee is for the provinces rather than the post office.

In the course of that took effect at the same time changing the financing of broadcasting from the existing fee - to the new contribution model, the GEZ was renamed on 1 January 2013 in ARD ZDF Germany Radio Feature Service.

Organization

Post service

Pictures wanted

The contribution Service of ARD, ZDF Germany and the radio is an unincorporated public administration community of the country's broadcasters, ZDF Germany and the radio. He is therefore not a legal entity but is part of the broadcasters. But they are an authority in the material sense of the administrative procedure law, as it is a job, performs the duties of public administration. He will be working for the country concerned broadcaster ARD, which is the radio talk State Treaty defined ( in § 10) as a contribution creditor.

The number of employees of the predecessor organization GEZ was end 2005 1070 and should be reduced until the end of 2016 to 930 by ARD information. Due to the conversion process from fees on premium Model 250 additional employees were temporarily set temporary, whose contracts expire by the end of 2015. The contribution of service is next to the seated in Cologne headquarters of regional offices in seven regional broadcasters ARD ( in the jurisdiction of the Saarland Radio and Radio Bremen there are no subsidiaries ). The end of 2012 employed the GEZ 1200 employees.

To comply with the regulations of charge so-called license fee officers have been deployed on the ground by the state broadcaster competent. These were awarded, inter alia ads for registration of a broadcast receiving apparatus, which have been forwarded in accordance with a distribution key and less administrative cost share to the GEZ.

Supervisory bodies

Board of Directors

The Board of Directors, which is the controlling body of the post service (as already the GEZ ), consists of one representative of each country's broadcasters and the Germany radio and three representatives of the German TV station ZDF.

• Chairman: Hans W. Dyer, Director of Administration (WDR)
• Vice-Chair: Hans Joachim Suchan, Director of Administration (ZDF ), Jürgen Betz, Counsel (HR), and Karin Brieden, administrative and operational director ( Germany Radio )
• Members: Petra Birkenbeil, Department Head of Finance ( ZDF), Hagen Brand perpetrators, Director of Administration (RBB ), Hermann Eicher, General Counsel (SWR ), Albrecht Frenzel, Director of Administration (NDR ), Astrid Göbel, Director of Administration (MDR ), Martin carts, administration and operations director (SR ), Jan Schrader, Head of Finance (RB ), Peter Weber, General Counsel ( ZDF) and Lorenz Zehetbauer, Director of Administration (BR ).

Advisory Board

The Board shall appoint an advisory board. This advises the board and management on technical issues.

• Chair: Albrecht Frenzel, Director of Administration (NDR )
• Members: Thomas Becker, Head of IT strategy (ZDF ), Wolfgang Hecker, Head of the license fee (NDR ), Armin Herb, broadcast Commissioner for Data Protection (BWR), Mark Holzporz, management and operation Directorate ( Germany Radio ), Rainer Kampmann, Vice President Finance (WDR ) and Thomas forging, head of department of ICS ( BWR)

Serve as consultants:

• For budgetary and financial issues Thomas Bücker, Budget Director ( ZDF)
• Jürgen Weber, Head of Central Controlling (HR)

• Thomas Grimm, Head of Marketing ( ZDF)
• Dietmar Pretzschendorf Marketing Department (DFS )

Ombudsman

After there had been ( back later ) investigation against several GEZ employees on corruption charges, advised the GEZ 2007, the function of an external ombudsman one which now stands as contact for the general public for suspected cases of criminal activity in connection with the collection of contributions available.

Activity

From 1976 to 2012, the predecessor organization GEZ pulled the license fees for the financing of broadcasting a State contract (based on the license fee the State Treaty ). Their tasks were the following in detail:

• Fee collection (commitment of new participants, obtaining delinquent license fees, settlement of payments )
• Fee waivers
• Fees planning
• Participant support

Fees planning

The former GEZ was responsible for the leadership for the planning of fee income from the supply of the public service broadcaster in the Federal Republic of Germany. On the basis of preliminary work by the GEZ they were by the working group fees planning, a sub-committee of the Finance Committee of the broadcasters - in principle, for a period of five years or the current fee period (31 December 2009, as of June 2007) planned. The managing director of the GEZ was also chairman of the working group planning fees.

Collection of the levy

From 1 January 2009, the monthly license fee € 5.76, when using the television reception € 17.98. These fees had to be paid for a period of three months. Receivers in commercial premises and vehicles were individually requires a license. The license fee was paid to both traditional radio receiver and expressly for so-called " new types of radio equipment ," which includes web-enabled computer. An offense committed, who did not indicate his obligation to pay fees within one month or overdue contributions not paid in full within six months.

Change since 2013

On June 9, 2010 decided the Prime Minister of the country to introduce the developed by Paul Kirchhof contribution model of a flat fee from 1 January 2013. The subsequently ratified by the parliaments of the Länder radio talk State Treaty foresees to collect the license fee as a flat fee flat fee, regardless of the actual existing receivers and regardless of how many people live in an apartment. The monthly fee per apartment is € 17.98, as before in television users. Thus, the fee for households that had to pay several rates of charge under the previous regulation, reduced, but for users who only had a radio or a PC and not a TV to about 212 % ( 5.76 € 17.98 € ) increases. Since 2013, people with disabilities, where the characters Wish RF was granted, must pay fees. According pay such Handicapped third of the monthly fee (ie € 5.99 per month). Previously, hard of hearing, deafened, deaf and blind were exempted from the fee. Thereafter, only deaf-blind and blind recipients of assistance under § 72 SGB XII are fully exempted from payment of the broadcasting fee.

Data collection and data

The national broadcasters or the former GEZ could store and manage, which are necessary for the fulfillment of their tasks all the data from radio listeners. The Federal Statistical Office recorded 39 million households, while the GEZ a database of 41.8 million subscriber accounts has (as of 2012, including 3.18 million accounts logged out users). The GEZ thus maintains one of the most comprehensive collections of data about the population of the Federal Republic of Germany.

Another source of data is the registration offices. This initiated on and Ummeldedaten to GEZ on, even if a disclosure and transmission lock was at the registration office. So were provided by the West German authorities reporting more than 12 million records from citizens to the GEZ in 2002.

The GEZ spokeswoman Nicole Hurst said: "We are now legally entitled to receive change data from the registry offices. At certain dates we get the data of the registration offices. These are then the most recent data. "

Change from 2013

On January 1, 2013, the Post Service presented the existing records from the previous to the new contribution model. For most individuals no significant change in the records is necessary, as it is considered to pay the overdue date for televisions in their household license fee in the future to the apartment bemessenden broadcast contribution of the same amount. Since 2013 collects and thus stores the contribution of service no more information about the type and number of existing in an apartment or in a vehicle suitable to radio reception according to the official definition devices. On the basis of the type of registered devices so far only the basic fee payable broadcasting participant sends the contribution Service since 2012 notices of new legislation by the due full contribution amount. The same applies for other reasons formerly from the fees Exempt whose reason for exemption no longer under the new model, for example, the most severely disabled. According to the amended contribution model no longer contributory previous fee payers must sign out stating the reason for exemption on the posting service and receive any from 1 January 2013 refunded contributions paid too much. This concerns, for example, in common apartment living with other family members age workers or trainees with their own income or previously individually chargeable residents of residential communities.

As of March 1, 2013 there will be a one-time adjustment of the subscriber data of the post service with the stored at the residents' registration offices relevant data from approximately 70 million adult residents of Germany (name, date of birth, current and previous address) to identify previously unrecognized by the post service persons to which have not been complied with their obligation to report the GEZ or the contribution of service (so-called " doomsayers "). License fee has not been paid or contributions are, however, charged in 2013 with new claims only retroactively from 1 January 2013.

The detection of the addition to private homes also contributory premises is much more complex, as the respective contribution amount is determined by a combination of various factors such as, above all, kind of establishment, number of branches, number of vehicles and number of employees. Institutions of public interest (schools, nonprofit associations, foundations, etc. ) pay a maximum of one full contribution rate ( € 17.98 ) per establishment, up to eight employees, only one third (5.99 € ). The latter rule also applies to permanent establishments of private companies, for from nine to 19 employees and accrues the full contribution rate, which according to contribution Service ninety percent of the establishments are covered. At higher staff numbers a staggering place with a total of ten steps application in which the maximum rate of 180 times the contribution rate ( € 3,236.40 ) for premises from 20,000 employees to be paid. For more than a used motor vehicle per establishment shall be paid for each vehicle € 5.99. For rented rooms or apartments are in addition to the contribution to the permanent establishment in the second room or second apartment € 5.99.

Identification and monitoring

The former GEZ entertained not have its own sales force, they acquired new participants based solely on voluntary reporting, cover letter and obtained from other sources data.

With no response to their first letter, the GEZ wrote the following two letters in increasingly stringent formulations, which often gave the impression that it would soon be taken government action. Since these were all being advertised people, therefore not really informative subject, were asked to provide information.

In addition, the GEZ had to operate under other by the license fee officer of the national broadcasters to get more new data. The supposed " GEZ - checkers " ( referred to as a whole also Commissioned Service) were self-employed sales representative regional broadcasting corporations (or their employees) without sovereign powers ( such as the access to private rooms ). For example, in 2006 the MDR had 141 professional fees investigators who received € 30,000 commission per year on average. Fees officer worked on the basis of performance fees and had to identify themselves by an official pass the national broadcaster.

The GEZ was allowed by non-participants do not store any personal data or save from former radio listeners the data only in a limited period. Hence it happened that the GEZ people anschrieb again because previous letter were not saved.

This field service cost before its abolition last a year around 200 million euros.

Change since 2013

With the entry into force of the new regulation of the contribution model commissary service falls away, the national broadcasters have terminated the contracts with the appropriate staff. The contribution of service, as opposed to the past, at least until 2013 and 2014 do not acquire data more commercial address brokers what the GEZ did before in order to match them with your own data. How far are full -year residents of Germany, which have hitherto been neither free nor contributory beitragszahlend, obliged to immediately log in to post service. In order to identify those that elude this duty is the contribution of service given only the possibility of one-time data matching with the records in the registration offices (see above, section data collection and data storage). The license fee officers are not mentioned in the new State Treaty (2013 ) in connection with the sales force. According to press reports, whose continued existence is, however, probably ensured.

Advertising

The GEZ operation in both print and electronic media campaigns to raise awareness of the legal obligation to pay fees. By 2005, was " already paid-out? " The slogan of the campaign from 2006 to 2012, under the motto " course number " I do. " Advertised in the media consumers for the booking. The GEZ was in 2006 from € 6 million on advertising, which are accounted for on the broadcasters. For the introduction of the revised flat -based broadcasting contribution of the slogan was from 2012 ". For all. The new broadcasting contribution " used.

Fee income and management fees

In 2012, the GEZ for broadcasters € 7.492 billion took, produced his proper costs of € 181.9 million, ie 2.15% of total return or € 3.86 per subscriber account. Additional costs incurred in the ARD by the so-called Commissioned services charged directly at the ARD " expenses for collection charges " amounted eg in 2011, according to the financial report of the ARD to € 177.2 million.

600,000 400,000 300,000 300,000 200,000

Right

Legal bases

For radio listeners primarily the statutes governing the procedure for performance of the broadcasting fees of the individual national broadcasters apply. This is based, inter alia, the radio talk State Treaty ( end of 2012: Broadcasting Fees State Treaty ). The laws govern particular that for the implementation of the broadcasting fee legal processes (eg the application of radio receivers ) the GEZ is responsible and not the respective national broadcaster.

Addressee for any complaints about the activities of the GEZ are the directors of the respective competent regional broadcasters because of their lack of legal capacity.

Privacy Policy

The former GEZ stored since 2004, more than 41.2 million subscriber records, which include both private households - according to the Federal Statistical Office in Germany there are 39 million of them - as well as non -private establishments belong. For data collection includes 2.2 million records of de-registered participants. The GEZ thus holds one of the largest databases on the population of the Federal Republic of Germany ready.

For the data-protection monitoring the radio officer, the data protection officer of the competent regional broadcasters are responsible. The GEZ employs its own Privacy Officer.

However, there is often no control by a separate independent body, such as exists for other public and private partners. The only exceptions are federal states of Berlin, Brandenburg, Bremen and Hesse. Broadcasters rely on their constitutional privilege of freedom of broadcasting. They interpret this to mean that an inspection by the country's data protection officer is not allowed - not even in the processing of data for a fee, ie outside the journalistic and publishing area.

The data protection officer of the federal and state governments, however, are of the opinion that, as required by the European Data Protection Directive complete independence of the data protection authorities also applies to the area of ​​the license fee and is only observed if the independent of broadcasters State Data Protection Commissioners for monitoring the processing of charge data are responsible for the broadcasters or the GEZ. The Data Protection Officer who shall submit a proposal to amend the broadcasting license fees treaty.

Criticism

The GEZ thrust into the public often rejected. One reason was there partly the responsibility sometimes misrepresented in the media, as various criticisms of the overall system of public service broadcasting are formulated under the catchy acronym GEZ without the collection center would actually be responsible. Here, terms such as GEZ fee ( license fee ) or GEZ - shaped controller ( broadcast fees commissioner of the regional broadcasters ). In fact, the GEZ media warned from, of which she was misrepresented or simplified. So they wanted to put that in place of the " useful" designation GEZ fee the correct term license fee or take GEZ investigators rightly broadcasting fees commissioner will be used.

To separate them was the criticism of the work practice of the GEZ itself Here, the handling of customer data has been specifically criticized; there have also been documented by State Data Protection Commissioners violations of the provisions. Furthermore, it was reported at intervals over incorrect letters due to faulty data.

The GEZ received some symbolic " appreciations " of critical institutions, such as the Big Brother Award 2003: Lifetime Award for lifetime achievement. This was referring to the way the GEZ with customers and customer data. The award brake of 2006, the computer magazine Chip criticized the extension of the obligation to pay fees on internet enabled devices and mobile phones. The GEZ was doing the standing in the public symbol of the law laid down by the provinces fees funding of public service broadcasting.

Comparable institutions in other countries

In other European countries with gebührenfinanziertem public broadcasting often similar organizations are responsible for fee collection and management of the participants. However, they can also be organized under private law. Responsible are the TV Licensing, in Sweden and in Switzerland Radiotjänst the collection agency for the corresponding fee introduction, for example, in Austria the GIS, in the UK.

The GEZ 2006 was a founding member of the International Broadcasting Association Fee ( " broadcasting fees Association " ), in which 13 joined forces for the collection of license fees competent institutions from 13 different countries.