# EUR-Lex - 52012DC0522 - EN

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# 52012DC0522

**REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS First Report on the Application of Articles 13, 16 and 17 of Directive 2010/13/EU for the period 2009-2010 Promotion of European works in EU scheduled and on-demand audiovisual media services /* COM/2012/0522 final */**

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REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
AND THE COMMITTEE OF THE REGIONS

First Report on the Application of
Articles 13, 16 and 17 of Directive 2010/13/EU for the period 2009-2010
Promotion of European works in EU scheduled and on-demand audiovisual media
services

I. INTRODUCTION

This report, composed
of two parts, is drawn up pursuant to Article 13(3) and Article 16(3) of
Directive 2010/13/EU (hereinafter referred to as ‘the AVMS Directive’) [1].

This is the
Commission’s first report on the application of Article 13, concerning the
promotion of European works in EU on-demand services, since the adoption of the
AVMS Directive, and it covers the period 2009-2010. Pursuant to Article 13 the
report is based both on the data which had to be provided by the Member States
by December 2011 and on an independent study which was conducted in 2011[2] (hereinafter referred to as ‘the
Study’). The next report on the application of Article 13 is due within four
years.

This document also
contains a report on the application of Articles 16 and 17[3] of the AVMS Directive on the
promotion of European works and independent productions in EU television
services for the period 2009-2010. This report is biennial.

Unlike previous
reports on the former Articles 4 and 5 of Directive 89/552/CE ("the
Television without Frontiers" Directive)[4],
this report does not cover the EEA countries[5] because of the delay in transposing the
AVMS Directive into the EEA ‘acquis’. Therefore these countries were not
invited to submit their data for this report.

II REPORTS

1. COMMISSION
REPORT ON THE APPLICATION OF ARTICLE 13

1.1. General
remarks

The revision of
Directive 89/552/EEC in response to convergence of all audiovisual media enlarged
its scope to include non-linear services. The AVMS Directive states that
on-demand services shall also promote European works and cultural diversity. As
in the case of Articles 16 and 17, Article 13 is designed to meet both an
economic and cultural objective, aiming at strengthening the European
audiovisual industry. Member States are required to ensure that on-demand
services falling under their jurisdiction promote, where practicable and by
appropriate means, the production of and access to European works. Given the
nascent and specific nature of on-demand services, Article 13 is flexible as to
the methods to be used for promoting European works. Article 13(1) provides
examples of means of such promotion: financial contribution to the production
and rights acquisition of European works, or the share and/or prominence of
European works in the catalogues offered by the service providers.

The promotion and
accessibility of European programming are among the issues raised in the
context of the emergence of connected devices and convergence phenomenon. For a
number of years already we have seen audiovisual content distributed and
consumed via the Internet. This can include content which reaches viewers
outside of the influence of cable operators, Internet Service Providers, or
broadcasters. With the emergence of TV sets and set-top boxes with added
Internet connectivity and the increasing use of tablet computers and
smartphones, convergence is an ever growing part of daily reality.

1.1.1. Article 13
in the context of the European on-demand sector

During the reference
period the state of development of the on-demand service market was very uneven
in the EU.

According to the above-mentioned
Study, the number of on-demand services was estimated at 435 in 2009[6]. Over a quarter of them were
catch-up TV services and the predominant delivery system was internet, followed
by IPTV. France had the highest number of on-demand services available in 2009
(73 services), followed by the UK (66) and Germany (47). In the majority of
Member States the number of on-demand services was between10 and 20. Most of
them were freely available, without any subscription. They were generally advertising-funded
or financed through public funding.

As explained below
under 1.1.2., not all national reports provided information on on-demand
services. The 14 national reports with data show a very divergent state of
market development. Five Member States[7]
reported a total number of on-demand services greater than 10 in 2010. The
highest numbers could be found in the UK (82) and Slovakia (36), the lowest
ones in Ireland and Spain (3), Belgium’s French Community (2) and Austria (1).
Cyprus had no on-demand services.

The breakdown of
on-demand services[8]
also varies greatly from one Member State to another and it is difficult to
detect a trend concerning the preferred type of service: six Member States[9] reported a majority of VOD
services, generally with conditional access; another six[10] reported a majority of freely
accessible catch-up-TV services, one[11]
reported a combination of catch-up and mixed services accessible free-of-charge,
and another one[12]
reported a majority of mixed services.

The Study and the
national reports reveal some differences as regards the number of on-demand
services in some Member States. This might stem from differences in the
interpretation of the kind of services to be taken into account. According to
the definition contained in Article 1(1)(g) of the AVMS Directive, services
offering audiovisual content only as an ancillary element should not be
reported. By contrast catch-up TV services constitute on-demand services and
must be reported, unless the programmes they offer are exactly the same as
those broadcast on television[13].
Although the wording of Article 13 does not specifically refer to the type of
content offered by on-demand services, the purpose of Article 13 is the same as
for Articles 16 and 17 of the AVMS Directive. Therefore on-demand services
offering exclusively news, sports, games or commercial communications should be
excluded from the national reports on the application of Article 13. In the
same way the percentage of European works, when applicable, should in principle
be calculated as the percentage of qualifying hours[14].

1.1.2. Methodology
applied by the Commission

The objective of the
Study conducted in 2011 was to analyse the state of play in terms of
implementation of Article 13 in the EU Member States at the end of 2010 as well
as the content of EU non-linear services. It also aimed at providing the
Commission with the necessary information to set up performance indicators for
the application of Article 13.

Starting from the
three examples of European works promotion in regard to non-linear services
given in Article 13(1) of the Directive, the Study reviewed the various
monitoring modalities as well as their practicability.

On this basis the
Commission identified a series of indicators which were defined in the
questionnaires sent to the national authorities. As regards prominence in
particular, several options were mentioned: description of the works including
country of origin, browser by origin, recommendation tools about European
works, sections of the service dedicated to European works, trailers promoting
European works or promotions of European works. These indicators may need to be
refined for future reports.

1.1.3. Methods of
implementation and monitoring by the Member States

a) State of play as
regards national legislation

Findings of the
Study on the application of Article 13

At the end of 2010,
14 Member States had reproduced the wording of the AVMS Directive without
imposing concrete obligations concerning on-demand service providers. In
certain cases, it is left to the national regulatory authorities to specify
later the appropriate methods for promoting European works.

As far as monitoring
is concerned, the Study shows that the majority of Member States rely on the
information submitted by the on-demand service providers without any
verification. Independent monitoring is carried out in only two Member States
and the information supplied by on-demand service providers is verified in
another four.

National reports

Nine national reports
did not contain any information due to belated transposition of the AVMS
Directive or late enforcement of the national legislation implementing the
Directive. Five Member States reported the absence of registered[15] or recognised[16] on-demand services during the
reference period.

Amongst Member States
that had implemented the Directive, (i.e. imposed the obligation to promote European
works in on-demand services), only six reports[17]
indicated that their legislation specifies concrete measures.

These measures vary
from one Member State to another: in the Czech Republic, Spain, Italy and
Austria, on-demand services are subject to the obligation to reserve a
proportion of their catalogues for European works (respectively 10 %, 30 %,
20 % and 50 %[18]).
The obligation to contribute to the financing of European works was reported by
the French Community of Belgium, the Czech Republic, Spain and Italy
(respectively up to 2.2 % and minimum 1 % and 5 % of turnover)[19]. The obligation to give
prominence to European works in catalogues is to be found in the legislation of
the French Community of Belgium, Bulgaria and Austria (for private on-demand
services). Ways of doing this include in particular advertising inserts,
separate tabs, magazine articles and promotional programmes as well as the
adequate identification of European works or indication of the country of
origin.

b) National
authorities’ monitoring methods

Although few national
reports provided information on this issue, data on the application of Article
13 was mostly collected by the national authorities directly from on-demand
service providers.

Some Member States commented
on how they have raised or intend to raise the awareness of on-demand service
providers about the need to register and/or to comply with the obligation set
out in Article 13[20].
The French Regulatory Authority CSA informed about spot checks in respect of
the share and prominence of European works in catalogues. In Belgium (French
Community) where a general prominence obligation has been laid down, interesting
and detailed information was provided on the monitoring carried out by the
regulatory authority on the proportion of ‘promotional occurrences’ dedicated
to European works in on-demand services[21].

The Commission stresses
the importance of carrying out efficient monitoring to ensure correct
application of Article 13. Although the AVMS Directive does not contain any obligation
to set up concrete monitoring systems, the Commission asks those national
authorities who have not done so, to put in place systems that allow data
provided by the on-demand service providers to be verified.

1.2. Application
of Article 13 – On-demand audiovisual media services

Findings of the
Study[22]

The proportion of
European works on catch-up TV services was much higher (96.2 % of total
hours) than the proportion of European works offered by VOD services (accounting
for only 45.1 % of total hours). Catch-up catalogues are closely linked to
the content broadcast by television services. European works were significantly
more prominent in the catalogues offered by broadcasters (81.1 % of hours)
than by independents (46.7 % of hours) and telecom operators (31.2 %).
They were also significantly more prominent in the catalogues offered by public
services (99.1 % of hours) as opposed to commercial ones (55.8 % of
hours). Services with the lowest proportion of European works were generally
new players[23]
(10-20 %). The proportions of European works in terms of ‘qualifying hours’[24] (64.5 %) were close to
those provided for catalogues as a whole (65.1 %).

National reports

Data provided by the
national reports are not complete and not representative enough to draw
reliable conclusions on the application of Article 13.

In spite of the lack
of specific obligations set out in the national legislation of some countries,
14 national reports provided some data — to differing extent — on the
modalities of European works promotion put into practice by on-demand service
providers. These reports indicated quite a high share of European works in
catalogues. Averages ranged from 40 % (Spain[25]) to 88.9 % (Denmark) in
2009 and from 36.4 % (Portugal) to 100 % (Austria[26]) in 2010. Due to the limited
number of reports and the very low number of on-demand services (two or three)
reported in some Member States, any calculation of EU averages would be
meaningless. Comparison between the reported percentages of European works
consumption and of European works offered does not allow reliable conclusions
to be drawn either. Five Member States[27]
also reported financial contributions to European productions and six national
reports[28]
indicated the use of some prominence tools[29].

The Commission can
only welcome the presence of a relatively high share of European works in
on-demand services.

2. COMMISSION
OPINION ON THE APPLICATION OF ARTICLES 16 AND 17

2.1. General
remarks

2.1.1. Articles 16
and 17 in the context of the European audiovisual landscape

The European
audiovisual market continued to grow steadily over the period 2009-2010.
Figures show a trend of accelerated increase of channels. According to the
European Audiovisual Observatory, in December 2010 there were 7, 622
television channels in EU-27 — of which 3, 126 were local channels —
compared to 6, 067 in 2008. This represents a 25.6 % increase, higher
than the one registered between 2006 and 2008.

During the same
period, a decrease was registered in the total number of covered channels[30] compared to the previous period:
their number went from 1, 679 in 2008 to 1, 313 in 2009 and 1, 390
in 2010 for European works[31],
due to a change in the methodology allowing the exemption of very small
channels from the reporting obligation, as mentioned under 2.1.2.1.below.
However, when using the methodology applied for the previous report – i.e.
taking into account the channels exempted from the reporting obligation – the
figures show that the number of covered channels rose by 21.8 % between
2008 (1, 679) and 2010 (2, 045), with a slightly lower growth rate
than the one registered on the market.

2.1.2. Methods of
implementation and monitoring by the Member States

2.1.2.1. Changes
in methodology

Given the emergence
of channels with a very low audience share (below 0.3%) it was decided to give
them the possibility to request an individual exemption from their reporting
obligation under Articles 16 and 17. The detailed conditions for granting such
exemptions are set out in the ‘Revised Guidelines for Monitoring the
Application of Articles 16 and 17 of the AVMS Directive’, which will be
reviewed after their first full implementation foreseen in 2014[32].

Overall, the number
of national reports providing data for all covered channels increased in
comparison with the previous period. Fifteen reports out of 27 provided
statistical data on European works for all channels in 2009 and 2010 (12 and 11
respectively in 2007 and 2008). For independent productions, 14 and 15 national
reports provided data for all channels in 2009 and 2010 respectively (11 in
2007 and 2008). The Commission welcomes this trend which reflects more
efficient monitoring by the national regulatory authorities. However this can
also be explained, at least partially, by the exemption of very small channels
from the reporting obligation since these channels typically encounter more
difficulties in providing statistical data.

2.1.2.2.
Monitoring

As stated in previous
reports, there is no uniform monitoring methodology in the EU. In Cyprus the
competent authority could only monitor channels broadcasting via analogue
technology during the reference period pursuant to the legislation[33]. Greece and Slovenia reported
difficulties in collecting data from all channels[34].

By contrast,
improvements were registered in three Member States. The Slovenian regulatory
authority started verifying data submitted by some broadcasters. The inclusion
of data concerning public regional channels in the German report must also be
seen as a monitoring improvement. In Sweden the efforts of the supervisory
authority to increase broadcasters’ awareness about the importance of correct
implementation of Articles 16 and 17 seemed to be bearing fruit since the
proportion of European works, which was below the required quota during the
previous period, passed the 50 % threshold in 2009 and 2010.

However, there is
still room for progress. The Commission reiterates the importance of monitoring
to ensure correct application of Articles 16 and 17. Although the AVMS
Directive does not contain any obligation to set up concrete monitoring
systems, the Commission asks those national authorities who have not done so to
put in place systems that allow data provided by the broadcasters to be
verified.

2.2. Application
of Article 16 – Majority proportion of European works

The average
transmission time dedicated to European works by all reported channels in the
EU-27 was 63.8 % in 2009 and 64.3 % in 2010[35]. Figures show an upward
trend as indicated in the table below which partially offsets the drop
registered between 2006 and 2007.

2009-2010: 0.5 percentage point increase 2007-2010: 1.7 percentage point increase

From 2007 to 2010 the
increase was stronger in the ‘new Member States’[36].

EU-15: 1.7 percentage point decrease (65.8 % in 2007, 64.1 % in 2010) EU-12: 5.9 percentage point increase (58.7 % in 2007, 64.6 % in 2010)

The Commission welcomes the progress registered by the
EU-12 which has enabled them to slightly surpass the level achieved by the
EU-15.

At Member State
level, the average share of transmission time devoted to European works during
the reference period varied between 44 % (Ireland) and 83 % (Hungary)
in 2009 and between 47.4 % (Slovenia and UK) and 81 % (Hungary) in
2010. Over the same period, the trend was positive in 12 Member States, negative
in 12 and remained stable in three.

Trends in the
transmission time reserved for European works over the period 2007-2010 in each
Member State have been reproduced in charts[37].

The rule on the
promotion of European works in linear services is generally working well
although it has a limited effect on the circulation of programmes throughout
the EU as it does not ensure the distribution of non-domestic European works.
Non-domestic European works make up 8.1 % of the total qualifying
transmission hours, while most non-European works are American[38]. Some successful audiovisual
works such as 'Borgen' or the co-production 'Borgia' have crossed national
borders but these cases still remain too limited. It is of key importance to
have European works that appeal to audiences across borders. This can be
achieved for example by means of co-productions that have an appeal for a wide
European audience.

EU-average compliance rates
regarding European works were fairly stable over the reporting period but
registered a considerable increase over the period 2007-2010, rising from 59.6 %
to 69.6 % with notable growth in the EU-15 (11.3 percentage points).

It
is worth noting that compliance rates reflect not just the channels’
achievement with regard to the European works proportion, but also the level of
communicated/non-communicated data.
The improvement registered during the reference period regarding communicated
data (see section 2.1.2.1.) has played a role in better compliance rates.

Three
Member States[39] encountered
difficulties in reaching the required proportion of European works over the
whole reference period. At the same time two Member States which registered
averages below 50 % during the previous period were able to reach the
required proportion of European works in 2010[40].
The Commission encourages the Member States concerned to support the efforts of
the channels falling within their jurisdiction to improve or sustain their
performance over the coming years.

2.3. Application
of Article 17 of the AVMS Directive – European works created by independent
producers (independent productions) and recent works

The
EU-average proportion reserved for independent productions broadcast by
all reported channels in all Member States was 34.1 % in 2009 and 33.8 %
in 2010, having slightly decreased during the reporting period.

2009-2010: 0.3 percentage point decrease (34.1 % in 2009, 33.8 % in 2010) 2007-2010: 1.5 percentage point decrease (35.3 % in 2007, 33.8 % in 2010)

This
downward trend was already detected in the ninth report[41]. Member States are therefore
invited to reflect upon ways of reversing this trend.

At
Member State level, the average share of transmission time devoted to
independent productions ranged from 14.5 % (Slovenia) to 59.7 %
(Belgium) in 2009 and from 14.8 % (Italy) to 61.7 % (Belgium) in
2010. As in the previous period all Member States achieved the 10 %
proportion of independent works. 21 Member States in 2009 and 19 in 2010 posted
results above 25 % of total qualifying transmission time reserved for
independent productions.

EU-12 nearly closed
the gap on EU-15:

EU-15: 4 percentage point decrease (38.5 % in 2007, 34.5 % in 2010) EU-12: 1.7 percentage point increase (31.2 % in 2007, 32.9 % in 2010)

Although
the EU-12 registered better developments than the EU-15, the proportion of
independent productions they achieved in 2010 remained behind that attained by
the EU-15.

EU-average compliance rates
regarding independent works follow a similar trend as for European works, with
a moderate increase over the reporting period and a considerable one over the
period 2007-2010 (11.5 percentage points), especially in the EU-15 (15.4
percentage points).

Regarding recent European works by
independent producers (recent works[42]),
EU-average figures also show a downward trend:

2009-2010: 0.3 percentage point decrease (62.1 % in 2009, 61.8 % in 2010) 2007-2010: 1.2 percentage point decrease (63 % in 2007, 61.8 % in 2010)

When
considering the two different groups of Member States[43], findings for the period
2007-2010 are as follows:

EU-15: 0.6 percentage point increase (65.4 % in 2007, 66 % in 2010) EU-12: 4 percentage point decrease (60 % in 2007, 56 % in 2010)

Although
overall results regarding recent works are satisfactory, the Commission
encourages the Member States, in particular the EU-12, to make efforts to
promote the transmission of recent independent works in their countries.

3. CONCLUSION

This
first report does not provide sufficient data to draw any conclusions on the
promotion of European works by on-demand service providers (Article 13). Belated
transposition of the Directive in the Member States and very uneven development
of the on-demand service markets make any analysis and comparisons difficult.
The way Article 13 has been transposed also differs from one Member State to
another. In some countries the legislation imposes specific tools for the
promotion of European works, while in others no concrete measures to be applied
by on-demand service providers have been specified. In accordance with Article
13(3), the Commission will take technological developments into account, and
will analyse these matters in the context of the
emergence of connected devices and the convergence phenomenon. The Commission
will engage soon in discussions with Member States on the appropriate ways to
implement Article 13.

Regarding
Article 16 of the Directive, the data provided by the Member States showed that
overall performance improved during the reference period. The 64.3 %
average of European works achieved in 2010, well above the proportion set out
in Article 16, reflects generally sound application of this provision
throughout the EU. However, the great majority of European works consist of
domestic works. Member States are invited to monitor closely the achievements
of all the channels falling within their jurisdiction and encourage failing
channels to reach the required proportion of European works.

In 2010, with an
average of 33.8 %, the requirements of Article 17 were met comfortably in
terms of independent productions broadcasting. However, the results showed a
declining trend with respect to the level achieved in 2007 for both independent
and recent works. Although the EU-12 posted better performance regarding
independent productions than the EU-15, all Member States are called upon to
monitor the application of Article 17 by the broadcasters and encourage efforts
aiming at the transmission of a higher proportion of European independent
productions and recent works. An increase in their ratio will help to support
and strengthen the EU independent production industry as well as boost
employment in that sector.

The Commission calls
on Member States to take account of the low circulation of non-domestic
European works and address this issue where possible.

Development of Main Indicators from 2007 to 2010 (EU-27)

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[1]               Directive 2010/13/EU of the European Parliament and
of the Council of 10 March 2010 on the coordination of certain provisions laid
down by law, regulation or administrative action in Member States concerning
the provision of audiovisual media services (Audiovisual Media Services
Directive). This codified version replaces Directive 89/552/EEC as amended by
Directive 97/36/EC and Directive 2007/65/EC.

[2]               Study
available on the following website: http://ec.europa.eu/avpolicy/info_centre/library/studies/index_en.htm#promot.

[3]               Former Articles 4 and 5 of Directive 89/552/EEC.

[4]               Council Directive 89/552/EEC
of 3 October 1989 on the coordination of certain provisions laid down by Law,
Regulation or Administrative Action in Member States concerning the pursuit of
television broadcasting activities (JO L 298 of 17.10.1989, p.23).

[5]               Norway, Iceland, Liechtenstein.

[6]               This figure is provided for EU-30, including the EEA
countries.

[7]               Belgium (Flemish Community), the Czech Republic,
Denmark, Slovakia and the UK.

[8]               The questionnaire sent by the Commission to the
Members States distinguished between catch-up TV services, VOD and mixed
services (VOD/catch-up).

[9]               Belgium (97.7 %), Bulgaria (100 %), Denmark
(100 %), Spain (75 %), Luxembourg (80 %) and Portugal (55.6 %)
.

[10]             Czech Republic (86.2 %), Ireland (100 %),
Greece (76.9 %), Austria (100 %), Romania (100 %) and Slovakia
(58.3 %).

[11]             Finland.

[12]             Sweden.

[13]             See Recital 27 of the AVMS Directive

[14]             Excluding news, sports, games and commercial
communications

[15]             Estonia, Latvia, Lithuania and Hungary.

[16]             23 services were declared at the end of 2010 in the
Netherlands but the Media Authority had not yet set out the criteria to decide
whether they qualify as on-demand audiovisual media services — see Staff
Working Document – Part I – Section 2.

[17]             Belgium-French Community, Bulgaria, Czech Republic,
Spain, Italy (not yet enforced in 2010) and Austria. Two Member States have not
been included in the list: Latvia, where the legislation imposes an obligation
to offer European works but does not specify any concrete percentage and
Hungary, where the legislation set out a quota for Hungarian works only (this
provision has been amended in the meantime).

[18]             Only for public on-demand services in Austria.

[19]             In the Czech Republic and Italy financial contribution
is an alternative to the obligation to offer a specific share of European works
in catalogues.

[20]             In particular the Czech Republic, Latvia, the
Netherlands and Sweden.

[21]             See comments on the application of Article 13 in
Belgium-French Community – Staff Working Document – Part I – Section 2

[22]             For technical reasons the monitoring was carried out in
the first half of 2011.

[23]             iTunes by Apple, Lovefilm,Germany and Blinkbox in the
UK, among others .

[24]             See footnote 14.

[25]             This figure corresponds to the unique service reported
in 2009.

[26]             This figure corresponds to the unique catch-up TV
service reported in 2010.

[27]             Belgium-French Community, Bulgaria, Greece, Spain and
Sweden.

[28]             Belgium-French Community, Bulgaria, Greece, Spain,
Romania and Sweden.

[29]             See Staff Working Document – Part I – Section 2 .

[30]             ‘Covered’ channels: total number of channels identified
minus the number of non-operational channels and the number of channels
exempted from their reporting obligation (see paragraph 2.1.2.1.) and of exempt
(due to the nature of their programmes) or excluded channels (due to legal
exceptions) - see Indicator 1 in Staff Working Document - Part II – Annex 1 .

[31]             For Independent works, the number of covered channels
went from 1 585 in 2007 to 1 311 in 2009 and 1 387 in 2010.

[32]             http://ec.europa.eu/avpolicy/docs/reg/tvwf/eu_works/guidelines_2011_en.pdf.

[33]             This situation changed on 1 July 2011.

[34]             See Greek and Slovenian comments in the Staff Working
Document – Part II – Section 3.

[35]             Figures provided at EU level result from the
mathematical average of all national averages calculated on the basis of
statistical data communicated by the Member States. They have not been weighted
since not all the parameters necessary for a correct weighting are available
for all channels.

[36]             Member States which joined the EU in 2004 and 2007
(EU-12) – EU-15 is composed of Member States which joined the EU at an earlier
stage (up to 1995).

[37]             See Staff Working Paper – Part II – Section 2.

[38]             The Study .see footnote 2.

[39]             Ireland, Slovenia and the United Kingdom.

[40]             Cyprus and Sweden.

[41]             9th
Communication on the application of Articles 4 and 5 of Directive 89/552/EEC,
as amended by Directive 97/36/EC and Directive 2007/65/EC for the period
2007-2008 available at: http://ec.europa.eu/avpolicy/reg/tvwf/implementation/promotion/index_en.htm.

[42]             i.e. works broadcast within
five years of their production.

[43]             See footnote 36