As a general principle, Pearle* supports the Commission’s objective of simplifying the GBER and reducing unnecessary administrative burdens for Member States and beneficiaries. For the live performance sector, a workable and legally clear block exemption framework is of particular importance. Public support remains essential for theatres, opera houses, concert halls, festivals and other live performance organisations to fulfil their cultural mission, ensure access to culture and sustain artistic creation and circulation across Europe. 

Against this background, Pearle* welcomes the fact that the proposal for the revised GBER preserves a dedicated exemption for culture. We also welcome the fact that the thresholds applicable to cultural aid remain at a level that avoids unnecessary notification requirements for larger cultural investment and operating support. However, it is equally important that the real value of those thresholds be preserved over time, with due regard to inflation and to rising investment and operating costs in the cultural field. It is also important to stress that the revision must not weaken the existing cultural exemption or reintroduce disproportionate administrative burdens for cultural operators and public authorities. 

Pearle* also notes positively the Commission’s efforts to simplify and clarify the rules applicable to cultural aid. In particular, the intended clarification is that the 80% cultural-use threshold for infrastructure is to be assessed on average over the relevant period, rather than in a rigid year-by-year manner. This is a helpful and realistic adjustment for cultural infrastructures whose programming and use may vary from one year to another. 

At the same time, it is important to ensure that simplification does not harm sector-specific clarity in the binding text. The current GBER explicitly refers to theatres, cinemas, opera houses, concert halls and other live performance organisations, and includes a non-exhaustive list of eligible costs that has been useful in practice. The draft revised Article 69 is much more concise, while the explanatory memorandum indicates that illustrative provisions and the current list of eligible investment costs would be moved to a separate guidance document. This approach should, however, preserve a sufficient level of legal certainty for the cultural sector. 

For cultural operators and public authorities, especially at national, regional and local level, legal certainty is crucial. The live performance sector is characterised by diverse organisational models, mixed funding structures, and a wide range of eligible cultural activities and costs. Public authorities and beneficiaries need clear assurance that the exemption continues to cover the full diversity of cultural infrastructures, organisations and activities that already fall within the current framework. They also need practical certainty as regards the types of investment and operating costs that may be supported. 

Pearle* therefore calls on the Commission to ensure that the revised framework continues to explicitly and unambiguously cover live performance organisations and infrastructures. This could be done either by retaining a concise reference in the text of Article 69 itself or, at a minimum, by ensuring that the accompanying guidance is published simultaneously with the revised GBER and contains clear examples relevant to the live performance sector. Such guidance should expressly confirm the continued coverage of theatres, opera houses, concert halls, festivals and other live performance organisations, as well as typical eligible costs linked to cultural infrastructure, accessibility, staging, technical equipment, personnel, project-related costs and other operating costs directly related to cultural activity. 

In conclusion, Pearle* encourages the Commission to ensure that the revision of the GBER preserves a clear, workable and future-proof exemption for culture. Simplification should not come at the expense of legal certainty or of the practical ability of Member States to support the live performance sector effectively. The revised framework should therefore maintain a broad and usable cultural exemption, accompanied by timely guidance and thresholds that remain adequate in real terms over time.