[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 14.8.2006

SEC(2006) 1073

COMMISSION STAFF WORKING DOCUMENT

Background documents to the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Seventh communication on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers", as amended by Directive 97/36/EC, for the period 2003-2004 {COM(2006) 459 final}

TABLE OF CONTENTS

BACKGROUND DOCUMENT 1 – Performance indicators 3

BACKGROUND DOCUMENT 2 – Charts and Tables onthe application of Articles 4 and 5.. 6

BACKGROUND DOCUMENT 3 – Application ofArticles 4 and 5 in each Member State.. 16

BACKGROUND DOCUMENT 4 - Summary ofthe reports from the Member States 45

BACKGROUND DOCUMENT 5 - Summary of the reports fromthe Member States of the European Free Trade Association participatingin the European Economic Area 164

BACKGROUND DOCUMENT 6 - List of television channels inthe European Union Member States which failed to achieve the majorityproportion according to Article 4 167

BACKGROUND DOCUMENT 7 average transmission time*of european works by primary channels (“de-minimis-criterion”) 180

BACKGROUND DOCUMENT 8 – List of television channels inthe European Union Member States which failed to achieve the minimumproportion according to article 5 187

BACKGROUND DOCUMENT 1 – Performance indicators

The following indicators facilitate the evaluation of the television programmes’ achievement of the proportions referred to in Article 4 and 5 of the Directive. Indicators 2 – 5 are based on criteria which are set out in Articles 4 and 5. All performance indicators allow assessing achievements at Member State and at Community level.

General indicator

- Indicator 1 : number of reported channels covered by Articles 4 and 5.[1]

Indicator 1 was calculated for each Member State and for all Member States taken together.

These figures were obtained by determining the total number of channels reported by Member States less the number of non-operative channels (NO) and the number of channels which were exempted (EXC) due to the nature of their programmes (news, sports events, games, advertising, teletext services or teleshopping) or due to legal exceptions:

- Article 9 of the Directive: television broadcasts that are intended for local audiences and do not form part of a national network;

- Article 2(6) of the Directive: broadcasts intended exclusively for reception in third countries, and which are not received directly or indirectly by the public in one or more Member States;

- Recital 29 of

Directive 97/36/EC: channels broadcasting entirely in a language other than those of the Member States should not be covered by the provisions of Articles 4 and 5.

Channels for which Member States failed to communicate data relating to Article 4 or 5 (NC) were included.

Indicators concerning Article 4 (European works)[2]

- Indicator 2 : average transmission time reserved for European works .

Indicator 2 is presented as average proportion for each individual channel, for each Member State and for all Member States taken together.

It is obtained by determining the average transmission time reserved by each reported channel covered by Article 4 (cf. Indicator 1) for European works in the meaning of Article 6 and by applying that figure to the total qualifying transmission time.[3]

The Member States’ averages are based on the average proportions of all covered channels reported by the Member State concerned.

The EU-averages are based on the Member States’ averages.

- Indicator 3 : compliance rate of all channels achieving or exceeding the majority proportion.

Indicator 3 is presented for each Member State and for all Member States taken together.

It is obtained by determining the number of channels achieving the majority proportion of more than 50% under Article 4 and applying that figure to the total number of reported channels covered by Article 4 (Indicator 1).

The EU-averages are based on the Member States’ averages.

Indicators concerning Article 5 (European works made by independent producers)[4]

- Indicator 4 : average transmission time, or alternatively, depending on the choice made by the Member State when transposing the Directive, the average proportion of the programming budget allocated to European works by independent producers (independent productions).

Indicator 4 is presented as average proportion for each individual channel, for each Member State and for all Member States taken together.

It is obtained by determining the average transmission time, or programming budget, reserved by each reported channel covered by Article 5 (cf. Indicator 1) for European works by independent producers and by applying that figure to the total qualifying transmission time.

The Member States’ averages are based on the average proportions of all covered channels reported by the Member State concerned.

The EU-averages are based on the Member States’ averages.

- Indicator 5 : compliance rate of channels achieving or exceeding the minimum proportion.

Indicator 5 is presented for each Member State and for all Member States taken together.

It is obtained by determining the number of channels achieving or exceeding the minimum proportion of at least 10% under Article 5 and applying that figure to the total number of reported channels covered by Article 5 (Indicator 1).

The EU-averages are based on the Member States’ averages.

- Indicator 6 : average transmission time allocated to recent European works by independent producers (recent works).

Indicator 6 is presented as average proportion for each individual channel, for each Member State and for all Member States taken together.

It is obtained by determining the average transmission time reserved by each reported channel covered by Article 5 (cf. Indicator 1) for recent European works by independent producers and by applying that figure to the transmission time reserved for all independent productions.

The Member States’ averages are based on the average proportions of all covered channels reported by the Member State concerned.

The EU-averages are based on the Member States’ averages. In order to better evaluate the actual development in the broadcasting of recent works, the EU-averages figures for recent works were also applied to the total qualifying transmission time.

BACKGROUND DOCUMENT 2: Charts and Tables on the application of Articles 4 and 5

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Table 1

Indicator 1:

Reported channels covered [5] by Articles 4 and 5 (Member State-level)

Table 1 | Indicator 1 | IND 1 |

Number of reported channels covered |

year | 2001 | 2002 | 2003 | 2004 | growth | MS |

EW (European works) (Article 4) | Compliance rate (Article 4) |

IP (European works by independent producers) (Article 5) | Compliance rate (Article 5) |

RW (Recent European works by independent producers (% of IP) |

Flemish channels: 26 French speaking channels: 13 | 2003 / 2004 | BE-FL: Reports from the broadcasters BE-FR: Overall figures or sampling |

I. Proportions from Flemish (Dutch speaking) channels (BE-FL)

BE-FL | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

Ketnet/Canvas | 68% | NO | 11% | NO | 88% | NO |

Ketnet | NO | 57% | NO | 13% | NO | 87% |

Event Tv Vlaanderen | LibertyTv.Com | 70% | 84% | 70% | 65% | 100% | 100% |

Belgian Business Tv nv | Kanaal Z | 100% | 100% | 100% | 100% | 100% | 100% |

NV Netwerk Tv | Netwerk Tv | NO | NO | NO | NO | NO | NO |

BVBA Actua TV | Actua Tv | NO | NO | NO | NO | NO | NO |

RTBF (2) | La Deux | 88,77% | 91,62% | 31,67% | 22,45% | 86,90% | 85,71% |

A) Reasons given by Member State for failure to reach proportions

1. European works (article 4):

RTL TVI, CLUB RTL and PLUG TV

In the 2003 fiscal year, the overall quota for the two TVI channels operational during this period, RTL-TVI and CLUB RTL, was 47.96%.

In the 2004 fiscal year, the overall quota for the three TVI s.a channels operational during this period, RTL-TVI, CLUB RTL and PLUG TV, was 43.4%.

These two proportions are above the threshold set as the minimum level for the Belgian French Community (41.6%).

Among its reasons for failure to attain the required proportions, the station points to the fact that CLUB RTL is a topic-based channel, and that PLUG TV is new and broadcasts very audience-specific programmes, which has prevented it from drawing precise conclusions in terms of European quotas.

CANAL +, CANAL + Jaune and CANAL + Bleu :

In 2003 the overall proportion of the three channels broadcast by Be TV (formerly Canal+ Belgium) was 46.37%, higher than the threshold set as the minimum level for the Belgian French community (41.6%)

The station stated that in the 2003 financial year it was dependent on feature film releases, which were mainly American. Furthermore, some eligible European programmes previously acquired from its former parent company have been taken off air.

The station stated that, as of 2004, it had also put in place an internal monitoring system enabling it to react more quickly to statistical increases in the European works it broadcasts.

AB3 and AB4

The two channels operated by BTV (formerly YTV) have an overall quota of 49.9% for the 2004 financial year, therefore exceeding the minimum level required and practically meeting the majority proportion required.

Independent producers:

LIBERTY TV

This themed channel focuses on internally produced tourism documentaries and studio productions. From a starting point of 6.71% in 2003, the broadcaster rectified the situation in 2004 achieving a proportion of 11.91%.

Recent works:

LIBERTY TV

The proportion is included in the proportion of independent works described below.

B) Measures taken or envisaged by the Member State

RTL-TVI, CLUB RTL and PLUG TV

In its 2003 annual audit report, the Authorisation and Supervisory Board of the Conseil supérieur de l’audiovisuel (CSA) noted the failure to comply with a majority proportion of European works during the 2003 financial year. Noting the broadcasters’ compliance with the threshold set as the minimum levels required, the Board stated that it would pay particular attention to compliance with the majority proportion, which became obligatory from 2004, and sent a warning to this effect to the broadcaster.

In its 2004 annual audit report, the CSA’s Authorisation and Supervisory Board noted the failure to comply with a majority proportion of European works in the 2004 financial year.

As this majority proportion had then become mandatory, it opened infringement proceedings.

LIBERTY TV:

In its 2003 annual audit report, the CSA’s Authorisation and Supervisory Board noted that the broadcaster failed to comply with a majority proportion of independent and recent European works in the 2003 financial year. As it became mandatory to attain this proportion only from 2004, the Board stated that it would pay particular attention to compliance with this rule from 2004, and to this end sent a warning to the broadcaster.

The station remedied the situation in 2004.

CANAL +, CANAL + Jaune and CANAL + Bleu:

In its 2003 annual audit report, the CSA’s Authorisation and Supervisory Board noted that the broadcaster failed to comply with a majority proportion of European works in the 2003 financial year. Noting that the broadcaster complied with the minimum levels required, the Board stated that it would pay particular attention to compliance with the majority proportion, which became mandatory from 2004, and sent a warning to this effect to the broadcaster.

The broadcaster remedied the situation in 2004.

AB3 and AB4

The CSA’s Authorisation and Supervisory Board noted, in its 2004 annual audit report, that in the 2004 financial year the BTV s.a. station failed to comply with the 10% proportion of recent independent European works, both individually for AB3 (3.6%) and AB4 (8.6%) and for these services as a whole (5.2%). As this majority proportion has now become mandatory, it has opened infringement proceedings.

C) Further comments

1. In the Belgian French community, the CSA monitors compliance with the different European quotas based on the following factors: an annual declaration made by broadcasters; sending a sample of one week of programmes per quarter, which is defined after broadcasting by the regulatory body, using an electronic chart and dated and categorised data; an audit of calculation methods; checking the data against the published programme schedules and, from 2004, against a sample of programmes stored on a monitoring system; lastly, in cases of non-compliance, an investigation procedure, hearing and a decision taken by the independent authority accompanied by a penalty. The CSA may also impose penalties if stations fail to communicate the appropriate data. The audit reports and any decisions taken by the CSA in the event of non-compliance are published, specifically on its website: www.csa.be

2. The legal requirements for quotas of European works have been strengthened by the new Broadcasting Act of 27 February 2003 which was fully applicable to the 2004 financial year. The majority proportion of European works, as well as the proportion of independent works (10%) and recent works (10%), is now compulsory.

Article 43

§ 1 The Belgian station for the French community, RTBF, and other broadcasting services shall ensure that the majority proportion of their time on air is dedicated to European works, including original works by authors from the French community, with the exception of time for news programmes, sports events, games, advertising, advertising own programmes, teleshopping or teletext services.

§2. The broadcasting services referred to in §1 shall ensure that 10 percent of all transmissions consists of European works by independent producers of broadcasting services, including independent producers from the French community, with the exception of time for news programmes, sports events, games, advertisements, advertising own programmes, teleshopping and teletext services.

These works may not have been produced more than 5 years before they are first broadcast.

§3. This article shall not apply to broadcasting services aimed at a local audience and which are not part of a national network. Nor shall it apply to television broadcasting services which exclusively use a language other than the languages which are official or recognised by the Member States of the European Union and whose programmes are aimed exclusively at being picked up outside the European Union and which are not received directly or indirectly by audiences in one or more Member States.

3. The report has been presented and submitted for comments to the associations representing the independent production and other production sectors. The following observations were made at this hearing: there was support for the quality control work carried out by the CSA; the non-linear services such as on-demand video services should also be required to comply with the various European quotas; the concept of a work should be better defined with reference to artistic criteria; there are worrying signs in terms of support for independent production which elucidate the wish of one major station targeting the public in the French community and established for a long time on Francophone territory to be subject to Luxembourg jurisdiction.

CYPRUS

Total number of reported channels | Reference period | Monitoring method |

7 | 01.05.2004 – 31.12.2004 | Sampling |

PLIROFORIAKI & POLITISTIKI ETERIA "O LOGOS" O.E. | Mega | 72 | 69 | 36 |

RADIOTILEOPTIKI ETERIA APLHA LTD | Alpha TV | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

CyBC-2

CyBC-2 is considered to be the sports and recreational oriented channel of the public broadcasting service. From this point of view, its programme orientation justifies its low percentage of 29,6% of European works. CyBC-1 however, which is also operated by the public broadcasting corporation, has achieved a quite satisfying percentage of 60,3% in European works.

Sigma

Sigma channel has indeed transmitted a low percentage of European Works during the reported period. The Cyprus Radio – Television Authority will come in contact with the channel in order to find ways to increase its percentage.

2. Minimum proportion of European works by independent producers (Article 5)

No observations

B) Measures taken or envisaged by the Member State

The measures that the Authority is considering in taking towards increasing the level and percentages of European works being broadcasted from all TV channels under its jurisdiction are:

- Communicate with all national TV channels with the purpose of identifying problems and give the appropriate solutions in order to maintain and/ or increase the percentages of European works accordingly.

- Award a new special prize during its Annual Award Ceremony for the TV channel that achieved the highest percentage in European works within that specific year.

C) Further comments: No observations

CZECH REPUBLIC

Total number of reported channels | Reference period | Monitoring method |

18 | 01.05.2004 – 31.12.2004 |

CZ | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

22 | 2003 / 2004 |

DK | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

DR | DR 2 | 84% | 85% | 16% | 16% | 63% | 53% |

TV 2/DANMARK A/S | TV 2 | 55% | 54% | 41% | 42% | 79% | 78% |

TV/MiDTVEST | TV/MIDTVEST | 100% | 100% | 23% | 11% | 100% | 100% |

TV2/NORD | TV2/NORD | 100% | 100% | NC | NC | NC | NC |

TV SYD | TV SYD | 100% | 100% | 17% | 25% | 100% | 100% |

NORDJYSKE Medier | 24NORDJYSKE | 100% | 100% | 23% | 20% | 100% | 100% |

Mesopotamia Broadcast A/S | ROJ TV | EXC | EXC | EXC | EXC | EXC | EXC |

Mesopotamia Broadcast A/S | METV | EXC | EXC | EXC | EXC | EXC | EXC |

Mesopotamia Broadcast A/S | MMC | EXC | EXC | EXC | EXC | EXC | EXC |

Mesopotamia Broadcast A/S | NUCE | EXC | EXC | EXC | EXC | EXC | EXC |

Dan Toto A/S | DanToto Racinglive | EXC | EXC | EXC | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

Two channels, which had audience shares of 2% and 4% respectively in 2004, are broadcasting less than 50% in 2005.

2. Minimum proportion of European works by independent producers (Article 5)

Four regional TV 2 channels (see section C) do not broadcast any programmes produced by independent producers. These are channels which primarily broadcast locally produced news and current affairs programmes.

B) Measures taken or envisaged by the Member State

The Radio and Television Board intends to impress on the two channels on which European works account for less than 50% of programmes broadcast that they must aim to ensure that more than half of their airtime which is not taken up by news programmes, coverage of sports events, competitions and teleshopping is allocated to European programmes.

C) Further comments

The eight regional TV 2 channels (TV/MIDTVEST, TV2/NORD, TV SYD, TV 2/ØSTJYLLAND, TV 2 LORRY, TV 2/FYN, TV2 ØST, TV 2/BORNHOLM) broadcast between 30 minutes and one hour a day in slots on TV 2’s terrestrial channel. This is the first time information has been submitted on these programmes, which are mainly locally produced news and magazine programmes. Some of the regional channels have been unable to make a distinction between magazine programmes and news programmes.

TV 2 says that, when defining independent producers, they have applied the definitions of parent and subsidiary company found in company law, as specified in Section 2 of the Public Limited Companies Act ( aktieselskabslov ) and Section 2 of the Private Limited Companies Act ( anpartsselskabslov ). However, the TV 2 regions are considered to be non-independent producers.

TV 2 Charlie was launched on 1 October 2004

The following channels are not included in the statistical summary:

- 4 Sport, launched on 1 January 2005

- ROJ TV, broadcasts exclusively in Kurdish

- METV, broadcasts exclusively in Kurdish

- MMC, broadcasts exclusively in Kurdish

- NUCE, broadcasts exclusively in Kurdish

- DanToto Racinglive, broadcasts sports news only.

GERMANY

Total number of reported channels | Reference period | Monitoring method |

34 | 2003 / 2004 | Reports from public service broadcasters Commercial channels were reported by regulators |

DE | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

ZDF | ZDF | 87% | 85% | 25% | 25% | 76% | 68% |

ARD/ZDF/ORF/SRG | 3sat | 96% | 96% | 33% | 32% | 83% | 83% |

Euvia Media AG | 9Live | 100% | 100% | 10% | 10% | 100% | 100% |

RTL Television GmbH | RTL | 75% | 80% | 57% | 66% | 72% | 79% |

Hamburg 1 | EXC | EXC | EXC | EXC | EXC | EXC |

RNFplus | EXC | EXC | EXC | EXC | EXC | EXC |

tv.münchen | EXC | EXC | EXC | EXC | EXC | EXC |

Tele 5 | EXC | EXC | EXC | EXC | EXC | EXC |

TV III a | EXC | EXC | EXC | EXC | EXC | EXC |

tv.berlin | EXC | EXC | EXC | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach proportions

Phoenix | Special-interest broadcaster, event coverage and documentary channel |

Animal Planet | Special-interest broadcaster, documentary channel |

Discovery Channel | Special-interest broadcaster, documentary channel |

Kabel 1 | Specific programming focus: motion picture classics from the 1950s to 1980s |

N 24 | Special-interest broadcaster, news broadcaster; as of 2003, also broadcasts Discovery Channel documentaries |

Premiere | Special-interest broadcaster, pay TV, subscription TV, some channels well above quota requirements |

RTL 2 | - |

Super RTL | Special-interest broadcaster, children’s broadcaster, 50% owned by Disney |

Terra Nova | Special-interest broadcaster for nature documentaries, programming is centralised and in Paris |

Viva | Special-interest broadcaster, music broadcaster |

Viva Plus | Special-interest broadcaster, music broadcaster |

Vox | - |

B) Measures adopted or envisaged by the Member State

Where channels have failed to achieve the proportions laid down in Articles 4 and 5 of the EC Directive, the German authorities have entered into talks with the relevant broadcasters to discuss the situation (provided that the failure to achieve these proportions was not due to the specialised nature of the channels in question). In some cases, these talks have already had some initial success. However, during the period concerned, the economic situation of private television broadcasters has worsened due to a general decrease in revenue from advertising.

C) Further comments

Local broadcasters which are exempted by Article 9 of the TVWF Directive:

Hamburg 1, RNF Plus, TV München, Tele 5, TV III a, TV Berlin.

ESTONIA

Total number of reported channels | Reference period | Monitoring method |

3 | 01.05.2004 – 31.12.2004 | Daily monitoring, carried out by the independent research company TNS EMOR |

12 | 2003 / 2004 |

54 | 2003 / 2004 | Data are collected by a company specialising in the broadcasting sector with which the Spanish administration has a technical assistance contract. Data are supplied by the television broadcasters themselves (in the case of channels broadcasting nationally) or by the Autonomous Communities (in the case of channels broadcasting regionally). Data are checked and analysed before the final assessment. |

ES | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

La 2 | 62,83% | 60,95% | 10,97% | 10,71% | 75,20% | 73,25% |

TVE Internacional | 68,52% | 69,32% | 20,65% | 22,88% | 87,21% | 89,42% |

Canal Clásico | 87,83% | 93,60% | 16,01% | 20,28% | 46,96% | 36,76% |

Grandes documentales | 93,89% | 98,35% | 13,56% | 23,82% | 82,79% | 91,56% |

Nostalgia | 98,07% | 98,97% | 17,35% | 12,83% | 0,47% | 1,02% |

GESTEVISIÓN TELECINCO S.A. | Telecinco | 60,94% | 70,36% | 44,02% | 54,20% | 97,49% | 98,53% |

ANTENA 3 DE TELEVISIÓN S.A. | Antena 3 TV | 58,90% | 63,20% | 47,10% | 47,80% | 93,08% | 96,32% |

SOGECABLE S.A. | Canal + | 50,50% | 52,60% | 14,44% | 18,87% | 80,20% | 78,00% |

TELEVISIÓ DE CATALUNYA | TVE 3 | 58,69% | 59,86% | 34,52% | 30,25% | 79,33% | 56,55% |

K3/33 | 53,81% | 55,48% | 34,73% | 37,29% | 61,85% | 65,19% |

TVC Internacional | 83,13% | 82,71% | 35,88% | 38,87% | 81,32% | 89,26% |

TVC Canal Satélite | 82,00% | NO | 30,64% | NO | 81,03% | NO |

TELEVISIÓN VALENCIANA | Canal Nou | 51,40% | 52,62% | 38,66% | 32,20% | 75,20% | 70,13% |

Punt 2 | 80,56% | 72,68% | 45,81% | 43,01% | 34,79% | 51,51% |

E. P. RADIO TELEVISIÓN VASCA | ETB 1 | 93,00% | 97,50% | 10,55% | 11,23% | 90,40% | 89,70% |

ETB 2 | 50,40% | 53,20% | 12,14% | 13,55% | 90,40% | 89,70% |

TELEVISIÓN DE GALICIA | TVG | 68,04% | 62,73% | 10,02% | 10,00% | 90,10% | 92,30% |

Canal 2 Andalucía | 85,30% | 61,00% | 22,40% | 35,00% | 63,30% | 66,80% |

SOGECABLE MÚSICA S.L. | 40 TV | 66,90% | 67,70% | 19,20% | 18,70% | 95,00% | 95,00% |

40Latino | 72,72% | 70,12% | 27,27% | 28,57% | 95,00% | 95,00% |

Documanía | 81,00% | 75,00% | 81,00% | 75,00% | 98,00% | 98,00% |

Caza y pesca | 97,00% | 97,00% | 60,00% | 10,00% | 100,00% | 100,00% |

PRODUCTORA CANARIA DE PROGRAMAS | Canal Canarias | NC | NC | NC | NC | NC | NC |

SOCIEDAD GESTORA DE TV NET TV S.A. | NET TV | 60,00% | 86,00% | 60,00% | 32,80% | 60,00% | 55,80% |

VEO TELEVISIÓN S.A. | Expansión TV | EXC | EXC | EXC | EXC | EXC | EXC |

DIGITAL + | Canal OT | EXC | EXC | EXC | EXC | EXC | EXC |

REAL MADRID MULTIMEDIA S.L. | Real Madrid TV | EXC | EXC | EXC | EXC | EXC | EXC |

CONGRESO DE LOS DIPUTADOS | Canal Congreso de los Diputados | EXC | EXC | EXC | EXC | EXC | EXC |

SOGECABLE FUTBOL S.L. | Sportmanía | EXC | EXC | EXC | EXC | EXC | EXC |

COMPAÑÍA INDEPENDIENTE DE NOTICIAS DE TV S.L. | CNN+ | EXC | EXC | EXC | EXC | EXC | EXC |

BARCELONA F. C. | Canal Barça | EXC | EXC | EXC | EXC | EXC | EXC |

- A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

In general the various television broadcasters meet the requirement laid down in Article 4 of the Directive. Those channels that have not attained the proportion reserved for European works are in the transitional period specified by the Spanish law which transposes the “Television Without Frontiers” Directive, according to which the proportion reserved for European works can be attained progressively, so that four years after broadcasting has begun the proportion reaches 40% of broadcasting time. The proportion rises annually until it reaches the required percentage. The audience levels for these channels (which are mainly thematic or niche channels) are very low and on average represent less than 0.5% of the audience share.

2. Minimum proportion of European works by independent producers(Article 5)

Compliance is greater with this requirement than for Article 4. Those broadcasters not reaching the set limit for transmission of European works by independent producers are in the same transitional situation and have the same audience levels as above. They too are on course to attain the set percentage.

B) Measures taken or envisaged by the Member State

If, once the transitional period is over, the quotas of European works and of European works by independent producers set in Articles 4 and 5 have not been reached, or if a television broadcaster falls back below these percentages, the Spanish administration will give notice to the broadcaster (or the Autonomous Community in the case of regional broadcasters) that it must attain the required proportions. In the case of continued non-compliance, and if this is of a serious nature, the Spanish administration will impose penalties on broadcasters under the State’s jurisdiction or urge Autonomous Communities to take the necessary enforcement measures in respect of broadcasters under their jurisdiction.

C) Further comments

No observations

FRANCE

Total number of reported channels | Reference period | Monitoring method |

83 in 2003 89 in 2004 | 2003/2004 | - Broadcasting: terrestrial channels: monitoring of daily programmes through CSA database. cable channels: broadcasters’ report analysed and monitored by CSA. - Production: terrestrial channels: broadcasters’ report monitored by CSA. cable channels: Broadcaster’s statement. |

FR | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

France Télévisions | France 31 | 78% | 82% | 17% | 17% | 96% | 98% |

France Télévisions | France 51 | 88% | 88% | 12% | 13% | 94% | 92% |

Télévision Française 1 | TF11 | 65% | 66% | 13% | 14% | 97% | 98% |

Canal+ SA | Canal+1 | 60% | 60% | 12% | 12% | 98% | 97% |

Métropole Télévision | M6[45] | 65% | 66% | 16% | 15% | 94% | 91% |

AB Sat SA | AB 1 | 56% | 60% | NC | NC | NC | NC |

AB Sat SA | AB Moteurs | 85% | 82% | NC | NC | NC | NC |

AB Sat SA | Action | 59% | 58% | NC | NC | NC | NC |

AB Sat SA | Animaux | 77% | 78% | NC | NC | NC | NC |

BRTV | Berbère TV | 100% | 100% | 38% | 29% | 85% | 44% |

BEUR TV | BEUR TV | NC | NC | NC | NC | NC | NC |

CANAL J | CANAL J | 69% | 68% | 45% | 41% | 42% | 63% |

AB Sat SA | Chasse et Pêche | 93% | 93% | NC | NC | NC | NC |

Ciné Info SA | Cine Cinema Info | 69% | 64% | 32% | 21% | 100% | 100% |

AB Sat SA | CINE COMIC[47] | 63% | 66% | NC | NC | NC | NC |

AB Sat SA | CINE POLAR | 60% | 67% | NC | NC | NC | NC |

AB Sat SA | CINE FX | 63% | 67% | NC | NC | NC | NC |

SECC | COMEDIE* | 61% | 53% | 10% | 33% | 63% | 47% |

TV Gourmand | Cuisine TV* | 82% | 87% | 27% | 44% | 61% | 60% |

Canal + | DEMAIN | NC | 100% | NC | 100% | NC | 100% |

Disney Channel France SA | DISNEY CHANNEL | 57% | 53% | 34% | 37% | 74% | 84% |

AB Sat SA | ENCYCLOPEDIA | 69% | 72% | NC | NC | NC | NC |

Paris Mutuel Urbain PMU | EQUIDIA | 95% | 84% | 85% | 75% | 59% | 82% |

AB Sat SA | ESCALES | 93% | 83% | NC | NC | NC | NC |

TPS Jeunesse | EUREKA | 61% | 65% | 61% | 65% | 39% | 45% |

France Téléfilms | FESTIVAL | 75% | 69% | 71% | 63% | 16% | 48% |

Fun TV SNC | FUN TV | 78% | 73% | 30% | 28% | 96% | 96% |

Histoire SA | HISTOIRE | 74% | 85% | 58% | 43% | 26% | 34% |

Fox Kids France | JETIX (ex FOX KIDS) | 60% | 62% | 20% | 30% | 63% | 69% |

Association Notre Dame de Paris | KTO | 51% | 96% | 51% | 43% | 65% | 65% |

Lagardère | La Chaîne Météo | 100% | 84% | 11% | 75% | 100% | 100% |

AB Sat SA | MANGAS | 62% | 62% | NC | NC | NC | NC |

MULTITHEMATIQUES SA | Ma Planète | NO | 85% | NO | 75% | NO | 58% |

Match TV SA | MATCH TV[49] | 85% | 80% | 13% | 10% | 100% | 96% |

MCM SA | MCM | 68% | 64% | 48% | 50% | 62% | 84% |

MCM SA | MCM POP (ex MCM 2) | 77% | 76% | 75% | 75% | 27% | 31% |

MCM SA | MCM TOP | NO | 66% | NO | 65% | NO | 84% |

MEZZO SA | MEZZO | 91% | 81% | 81% | 70% | 84% | 69% |

Monégasque des Ondes | MONTE CARLO TMC | 68% | 70% | 45% | 43% | 14% | 32% |

AB Sat SA | MOTORS TV | 93% | 97% | 83% | 74% | 100% | 100% |

Telcarte SA | Multivision | 58% | 68% | 58% | 68% | 98% | 95% |

AB Sat SA | MUSIQUE CLASSIQUE | 99% | 99% | NC | NC | NC | NC |

Société d'exploitation de documentaires SCS | ODYSSEE | 75% | 88% | 67% | 69% | 94% | 84% |

Paris Première SA | PARIS PREMIERE | 75% | 78% | 73% | 76% | 67% | 34% |

TPS Jeunesse | PIWI | NO | 64% | NO | 64% | NO | 45% |

Planète Câble SA | PLANETE | 69% | 76% | 61% | 70% | 56% | 63% |

Planète Câble SA | PLANETE CHOC (ex Planète Future) | 60% | 67% | 51% | 55% | 67% | 60% |

Planète Câble SA | PLANETE THALASSA[50] | 90% | 97% | 76% | 36% | 77% | 62% |

Disney Channel France SA | PLAYHOUSE DISNEY | 53% | 58% | 36% | 42% | 86% | 88% |

AB Sat SA | RFM TV | 72% | 78% | NC | NC | NC | NC |

MULTITHEMATIQUES SA | SEASONS | 88% | 99% | 21% | 46% | 86% | 80% |

Extension TV SA | SERIE CLUB | 60% | 53% | 20% | 10% | 33% | 10% |

TPS Jeunesse | TELETOON | 67% | 66% | 66% | 66% | 78% | 69% |

Sedi TV SNC | TEVA | 59% | 55% | 28% | 25% | 58% | 64% |

TF6 SCS | TF6 | 59% | 50% | 27% | 14% | 58% | 27% |

TF1 | TFOU | 55% | 60% | NC | 58% | NC | 22% |

Canal J | TIJI | 64% | 67% | 33% | 33% | 59% | 85% |

Disney Channel France SA | TOON DISNEY | 51% | 52% | 45% | 52% | 36% | 58% |

AB Sat SA | TOUTE L'HISTOIRE | 85% | 82% | NC | NC | NC | NC |

TPS Cinéma | TPS CINECULTE | 69% | 70% | 69% | 70% | 51% | 55% |

TPS Cinéma | TPS Cinextreme | NO | 71% | NO | 71% | NO | 47% |

TPS Cinéma | TPS CINEFAMILY | NO | 58% | NO | 58% | NO | 30% |

TPS Cinéma | TPS CINESTAR | 67% | 53% | 67% | 53% | 75% | 45% |

TPS Cinéma | TPS CINETOILE | 68% | 66% | 68% | 66% | 33% | 35% |

TPS Cinéma | TPS HOME CINEMA | 62% | 63% | 62% | 63% | 73% | 42% |

TPS Cinéma | TPS STAR | 66% | 63% | 66% | 63% | 74% | 41% |

Trace TV SA | TRACE TV | 53% | 53% | 46% | 51% | 100% | 90% |

Société Universal Studios Channels France | 13ème RUE | 63% | 65% | 53% | 55% | 57% | 45% |

TV Breizh SA | TV BREIZH | 70% | 55% | 14% | 13% | 100% | 95% |

Société Satellimages TV5 | TV5 | 99% | 83% | 70% | 73% | NC | NC |

Voyage SAS | VOYAGE | 83% | 95% | 44% | 67% | 87% | 92% |

AB Sat SA | XXL | 76% | 66% | NC | NC | NC | NC |

AB Sat SA | ZIK | 71% | 65% | NC | NC | NC | NC |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

Except for seven channels (Canal Jimmy and six channels mainly devoted to broadcasting cinematographic works: Ciné Cinéma Premier, Ciné Cinéma Auteur, Ciné Cinéma Emotion, Ciné Cinéma Frisson, Ciné Cinéma Famiz and Ciné Cinéma Classic), all other channels broadcasting in 2003 complied with the 50% limit for European works.

In 2004 only two channels, Ciné Cinéma Premier and Ciné Cinéma Famiz, did not reach the set limit of 50% of European works but came close to this target with 48%.

Beur TV did not communicate its figures to the Council.

2. Minimum proportion of European works by independent producers (Article 5)

Calculated either through broadcasting time or programme budget(*), the proportion reserved for works by independent producers has been observed by nearly all the channels.

Game One, which barely attained 9% in 2003, greatly exceeded the set limit by 15% in 2004.

Channels Live 1 and Tchatche TV broadcast programmes produced in-house.

The channels of the AB sat and Beur TV group have not communicated their proportion of European works from independent producers to the Council.

B) Measures taken or envisaged by the Member State

Improvement notices to comply with broadcasting quotas in future are sent each year to those channels which have not attained the proportion reserve required by French rules.

As the French rules are stricter than the requirements in Article 4 of the TWF Directive, these notices cover non-compliance with this Article.

A penalty was imposed on Canal Jimmy on 1st February 2005 for the 2003 financial year and penalty proceedings have been open again on 26 July 2005 for 2004 for not complying with the requirements for broadcasting European audiovisual and cinematographic works.

Beur TV, which did not send activity reports for 2003 and 2004, was given notice to send them on 7 December 2004 and 26 July 2005 respectively.

Two film channels were sent improvement notices for non-compliance with the 50% limit for European works: Ciné Cinéma Frisson for the 2003 financial year and Ciné Cinéma Premier for 2004.

C) Further comments

Channels exempted from the quotas laid down in Articles 4 and 5 do not appear in the table. Among those are 14 non-Member State channels licenced by France. 3 information channels and one weather channel, 4 sports channels and two teleshopping channels.

IRELAND

Total number of reported channels | Reference period | Monitoring method |

7 | 2003 / 2004 | Quantitative analysis of schedule period conducted by the regulator (the Broadcasting Commission of Ireland) in relation to commercial channels CCS – Broadcast Analysis System – using Escort 2.4 (EBU) in relation to public service channels (RTÉ). |

IE | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

RTÉ | RTÉ Two | 41% | 42% | 15% | 18% | 100% | 100% |

RTÉ | TG4 | 68% | 63% | 64% | 48% | 95% | 95% |

TV3 | TV3 | 45% | 48% | 10% | 10% | 95% | 95% |

NASN | Sky Ch 417 | EXC | EXC | EXC | EXC | EXC | EXC |

Setanta PPV 1 | Sky Ch 438 | EXC | EXC | EXC | EXC | EXC | EXC |

Setanta PPV 2 | Sky Ch 439 | EXC | EXC | EXC | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

RTÉ 2

The exclusion of significant Sports coverage on RTÉ Two, particularly the Olympics and European Soccer.

However, the proportion of European Works included in RTÉ’s combined output (RTE1, RTE2 and TG4) is in excess of the 50% required under the Directive

TV 3

For the reasons outlined hereunder, it was not practical for TV3 to meet the European works quota when news and sports programming is excluded from the Total Qualifying Time (TQT) in 2003 or 2004.

(i) size and nature of the Irish terrestrial television sector,

(ii) the stage of development of the broadcaster, and

(iii) the importance of indigenous news and sports programming for Irish audiences.

However, the situation remains under review and progress is being made by the station. At 48% for 2004, the broadcaster is just below the 50% requirement and compliance with the requirement remains the objective.

2. Minimum proportion of European works by independent producers (Article 5)

No observations.

B) Measures taken or envisaged by the Member State

RTÉ 2

Increase European productions across genres other than News and Sports

TV 3

The regulator (BCI) is engaged in ongoing discussion with TV3 regarding compliance with this requirement.

C) Further comments

Three of the four reported channels are specialist services featuring sports programming only. As such, these channels are exceptionally exempted from the requirements of Article 4 and 5. The channels in question are: - NASN (North American Sports Network), Setanta Pay Per View 1 and Setanta Pay Per View 2.

ITALY

Total number of reported channels | Reference period | Monitoring method |

128 | 2003 / 2004 | Information received from broadcasters |

IT | ←MS | EW (% of TQT) | IP (%TQT) | RW (%EW) |

RAI RADIOTELEVISIONE ITALIANA SPA | RAI DUE | 63 | 68 | 29 | 26 | 62 | 66 |

RAI RADIOTELEVISIONE ITALIANA SPA | RAI TRE | 71 | 69 | 27 | 26 | 68 | 68 |

RAISAT | RAISAT ALBUM | 100 | NO | EXC | NO | 44 | NO |

RAISAT | RAISAT ART | 90 | NO | EXC | NO | 63 | NO |

RAISAT | RAISAT CINEMA | 58 | NO | EXC | NO | 41 | NO |

RAISAT | RAISAT CINEMA WORLD | NO | 69 | NO | EXC | NO | 39 |

RAISAT | RAISAT EXTRA | 85 | 83 | EXC | EXC | 90 | 98 |

RAISAT | RAISAT FICTION | 80 | NO | EXC | NO | 49 | NO |

RAISAT | RAISAT GAMBERO ROSSO | 91 | 91 | EXC | EXC | 93 | 97 |

RAISAT | RAISAT PREMIUM | 91 | 93 | EXC | EXC | 40 | 52 |

RAISAT | RAISAT RAGAZZI | 82 | 78 | EXC | EXC | 100 | 62 |

RAISAT | RAISAT SHOW | 72 | NO | EXC | NO | 85 | NO |

R.T.I. | Comedy Life | 50 | NO | 14 | NO | 67 | NO |

MTV ITALIA S.R.L. | MTV HITS | 67 | 81 | 34 | 20 | 98 | 99 |

MTV ITALIA S.R.L. | MTV | 71 | 75 | 17 | 21 | 98 | 98 |

SKY ITALIA SRL | Sky Assist | NO | 100 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Sky | NO | 99 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Zona Giochi | NO | 100 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Sky Sport 3 + Calcio Estate Sky Sport | NO | 80 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Sky Meteo 24 | NO | 100 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Sky Cinema Classics | NO | 78 | NO | 27 | NO | 11 |

SKY ITALIA SRL | Diretta Gol | NO | 98 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Sky Sport | NO | 98 | NO | EXC | NO | 100 |

SKY ITALIA SRL | Calcio Sky (già Stream Calcio 1) | 100 | 100 | EXC | EXC | 100 | 100 |

SKY ITALIA SRL | Sky Sport 2 (già Stream Calcio Stream) | 93 | 89 | EXC | EXC | 100 | 100 |

SKY ITALIA SRL | Stream Calcio 2 | EXC | NO | EXC | NO | EXC | NO |

SKY ITALIA SRL | Stream Calcio 3 | EXC | NO | EXC | NO | EXC | NO |

SKY ITALIA SRL | Stream Calcio 4 | EXC | NO | EXC | NO | EXC | NO |

SKY ITALIA SRL | Stream Calcio 5 | EXC | NO | EXC | NO | EXC | NO |

CINE CINEMA | Cinecinemas1 | 53 | NO | EXC | EXC | 35 | NO |

SEASONS | Seasons - Caccia e pesca | NO | 97 | NO | EXC | NO | 99 |

EUROCAST ITALIA | Top Shop | EXC | EXC | EXC | EXC | EXC | EXC |

Fox International Channels Italy srl | National Geographic Channel +1 | NO | 61 | NO | EXC | NO | 96 |

Marcopolo | Marcopolo | 100 | 94 | EXC | EXC | 100 | 100 |

NUVOLARI | Nuvolari | 100 | 100 | EXC | EXC | 100 | 100 |

NUOVA FRANCIACORTA | RETEBRESCIA | 92 | 89 | 33 | 38 | 64 | 57 |

TELESTUDIO MODENA SRL | TELESTUDIO MODENA | 100 | 100 | EXC | EXC | 100 | 100 |

RETE A SRL | RETE A | 60 | 64 | 37 | 55 | 94 | 79 |

CLASS CNBC SPA | CLASS CNBC | NO | 100 | NO | EXC | NO | 100 |

SARDINIA CHANNEL SRL | SARDINIA CHANNEL | NO | NO | NO | NO | NO | NO |

FASTWEB | FASTWEB CHANNELS | EXC | EXC | EXC | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach

The broadcasters/content providers failed to meet the scheduling percentages stated by the TVSF Directive.

There are no general reasons that may be explaining their behaviour: the channels violating the TVSF provisions are usually minor satellite channels, often re-transmission of local programming schedules, recently appeared on the scene. In most cases the broadcasters simply do not take into account that, when broadcasting on satellite instead that on local analogue terrestrial frequencies, their channels become bound to the same rules governing the national broadcasting (among which the articles 4 and 5 of the TVSF).

It must be noted, as a matter of fact, that the channels which have a higher appeal on the viewers (as the audience share indicates) are normally complying with the Directive obligations.

Few exceptions are some big groups (Fox International Channels Italy Srl and Universal Studios Network Italia Srl) which are focusing their programming schedules mainly on works produced in the United States and therefore they find problems in complying with the TVSF provisions. Universal Studios Network Italia Srl itself, in fact, has already been sanctioned for having violated the provisions concerning the European Works in the years 2001-2002.

Eurocast Italia | All the channels of the group | 59,3 | 100,0 | Exc | Exc | 0,0 | 38,2 |

Rete Blu | All the channels of the group | 21,0 | 21,7 | Exc | Exc | 54,0 | 53,1 |

Television Broadcasting System Spa | Retecapri | 8,0 | 7,9 | 2,6 | Exc | 100,0 | 30,6 |

Agenzia Siciliana Informazione | Sicilia Channel | No | 0,0 | No | Exc | No | 0,0 |

Anicaflash Srl | Coming Soon Television | 50,0 | Nc | Exc | Nc | 0,0 | Nc |

Cecchi Gori Group Fin.Ma.Vi. S.P.A. | Cinemovie | 88,5 | No | 0,0 | No | 25,1 | No |

Edi On Web Srl | Superpippa | 0,0 | No | Exc | No | 0,0 | No |

Edi On Web Srl | Conto Tv | No | 0,0 | No | Exc | No | 0,0 |

Edizioni Tagliamonte | Napoli Nova | 0,0 | 12,5 | Exc | Exc | 0,0 | 22,9 |

Eurotelevision S.P.A. | Telegenova | 0,0 | 0,0 | Exc | Exc | 0,0 | 0,0 |

Il Denaro Tv Srl | Denaro Tv | No | 0,0 | No | Exc | No | 0,0 |

L'antenna Srl | Oasi Tv | 0,0 | 0,0 | Exc | Exc | 0,0 | 0,0 |

Match Music Srl | Match Music Satellite | No | 0,0 | No | Exc | No | 0,0 |

Oranet Srl | Romasat | 0,0 | 0,0 | 15,2 | Exc | 0,0 | 0,0 |

Rete 7 S.P.A. | E' Tv | 2,3 | 4,7 | Exc | Exc | 0,0 | 0,0 |

Rock Tv Srl | Rock Tv | 0,0 | 0 | Exc | Exc | 0,0 | 0 |

Universal Studios Networks Italia S.R.L. | Studio Universal | 41,8 | 44,5 | Exc | Exc | 35,6 | 6,7 |

All other channels not included in the table above will not be sanctioned, even though they did not meet the required percentages, due to the discrepancies between the TVSF and the Italian legislation.

As explained in the following section C, in fact, the strategy applied by the Italian legislation aimed at introducing gradually stricter rules concerning the European works and the works of Independent producers, in application of the clauses “where practicable and by appropriate means” and “this proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria” included in articles 4 and 5 of the TVSF.

According to this strategy, for example, the Decreto Legislativo 31 luglio 2005, n. 177, has extended the provisions regarding the works by Independent producers also to satellite channels. Further differences with the TVSF will be likely solved in the future.

B) Measures taken or envisaged by the Member State

All broadcasters failing to comply with articles 4 and 5 of the TVSF Directive in the years 2001-2002 have been communicated to the competent Sanctioning Department of the Italian National Regulatory Authority (hereinafter referred to as “Agcom”) for the sanctioning procedure, according to the provisions of the Law 249/97 which established Agcom itself. Just to make some examples, the following table shows some of the channels that have been sanctioned during the years 2001-2002 and the amount of the sanction itself:

N° | Channel name | Fee paid |

1 | Tele+ 16/9 | 25000 euro |

2 | Palco | 25000 euro |

3 | Canal Jimmy | 10330 euro |

4 | Cine Cinemas 2 | 10330 euro |

5 | Fox Kids | 30000 euro |

6 | Disney Channel | 20660 euro + 20660 euro |

7 | Universal Studios | 20660 euro |

Although no sanctioning procedures regarding the reported period (years 2003-2004) have been undertaken yet[51], it is forecast that all broadcasters and content providers who will be found guilty for not complying with articles 4 and 5 of the TVSF Directive during the period covered by this report will be judged by the Sanctioning Department by the end of 2006.

Of course, the sanctioning procedure will not be applied to:

- those broadcasters/content providers which did not broadcast at all during the whole year (indicated in Annex 1 as “Non Operational”);

- those broadcasters/content providers which broadcast only works not covered by the reserve obligations (news, sport events, games, advertising, teletext services or teleshopping);

- those broadcasters/content providers which, while not complying with the obligation to set aside for European works 50% of their scheduling time, have nonetheless broadcast a percentage of European works higher than 43%[52]

- those channels which have failed to meet the thresholds but are part of a group of channels controlled by a single company/person. In this case, the Italian legislation obliges Agcom to take under consideration only the full broadcasting schedule of all the channels belonging to the same group (provided that each channel reserves for European Works a minimum quota of 20% of its transmission time), and not the breach of a single channel[53]

C) Further comments

Since the last report to the EU Commission regarding the broadcasters’ compliance with the obligations set by articles 4 and 5 of the “Television without frontiers” Directive, the rules governing broadcasters’ obligations in Italy have changed radically. The article 2 of the Law 30 April 1998, n° 122, has been initially integrated by the Law 3 maggio 2004, n. 112, and then abrogated by the Decreto Legislativo 31 luglio 2005, n. 177 (hereinafter referred to as the “ Broadcasting Code ”), which has put together all the provisions in the broadcasting sector.

The regulation on the promotion of distribution and production of European works (hereinafter referred to as the “Quotas Regulation”) approved by Agcom with its Decision No 9/99 of 16 March 1999 is still in force.

The following paragraphs will summarize the main obligations for the broadcasters and content providers according to the articles 6 and 44 of the new Broadcasting Code:

- scheduling obligations – national broadcasters and content providers, irrespective of broadcasting standard, must –where practicable- reserve more than 50% of the monthly transmission time to European works, excluding time devoted to news, sports events, games, advertising, teletext services, talk shows and teleshopping. The same provisions apply with reference to peak viewing times;

- at least 50% of this percentage must be made up of recent works (produced in the past five years);

- national broadcasters and content providers[54] must –where practicable- reserve at least 10% of broadcasting time to European works produced by independent producers, not counting time devoted to news, sports events, games, advertising, teletext services, talk shows and teleshopping. The public service broadcaster must earmark a quota of at least 20% for independent producers;

- investment obligations – broadcasters under Italian jurisdiction, irrespective of the broadcasting standard, must reserve at least 10% of their net annual revenue from advertising for the production and purchase of audiovisual programmes produced in Europe, including films, works by independent producers and programmes for children. At least 40% of this quota must be invested in production and purchase of European movies.

The Quotas Regulation adopted by the Communications Authority introduces the following additional provisions:

- Article 2(3) introduces the obligation to provide specific reasons for any shortfalls in the thresholds set for European works. The Authority may not investigate such reasons if the shortfalls do not exceed 7% of the thresholds laid down;

- Article 2(4): when several channels belong to or are controlled by a single company or person, the thresholds reserved to European works are determined on the basis of the channels’ overall programme schedules (with a minimum 20% for each channel) and on the basis of the total net proceeds from yearly advertising gained by all the channels of the group.

As it appears, therefore, the issue concerning the limited application of the provision in favour of the independent producers only to the analogue terrestrial broadcasters has been solved by the Broadcasting Code, which extends the obligation to all content providers. However, since the Broadcasting Code has been adopted in Italy only on July 2005, during the period covered by this report all of the satellite and cable channels in Italy were still exempted. Therefore, in the column regarding works by independent producers , all satellite channels have been considered exempt. The figures sent by those channels that provided their data regardless of the exemption have been shown only for statistical purposes.

It must also be observed that in Italy the provision set in favour of the recent works is applied to all European works and not only to the works by independent producers. The Italian legislator, in other words, has specifically obliged all broadcasters and content providers to earmark for recent works at least 50% of their transmission time dedicated to European works. Thus, in the column of the Annex 1 regarding the recent works thresholds, the percentages shown is referred to the amount of European works (%EW), not to the amount of works by independent producers (%IP).

One last remark concerning the monitoring procedures : to monitor their compliance with the obligations regarding European works, Italian channels are obliged to provide (using the tools and the procedures of the “ auto-certificazione ” set by the Italian government) their data concerning the programme schedule and the thresholds. In order to simplify the “ auto-certificazione ”, from year 2001 the Authority has provided some specific forms — named Q1, Q2, Q2/C and D — as part of the statement named “ Informativa Economica di Sistema ” (hereinafter referred to as IES) which the broadcasters and the content providers are obliged to submit every year by the end of July[55]. Naturally, since these data are gathered on the basis of self-declarations, the Authority verifies their reliability by means of sample checks. Starting from 2003, all communications operators are obliged to send their IES statements through a web-based platform and a dedicated server which requires an internet connection. Since this new communication channel between Agcom and the communications operators relies on the web-connection, some broadcasters and content providers are experiencing problems in sending the required data. As it seems that the data regarding some broadcasters and a few content providers are missing, Agcom is evaluating whether this is due to connection problems to the dedicated server or to the broadcaster’s negligence. In the latter case, of course, the broadcaster/content provider will be sanctioned.

LATVIA

Total number of reported channels | Reference period | Monitoring method |

10 in 2004 | 01.05.2004 – 31.12.2004 | Information received from broadcasters |

LV | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

Latvijas Televīzija | LTV 7 | 60% | 18% | NC |

TV Riga | TV 5 | 69% | 67% | NC |

Baltcom TV SIA | TV 24 | 100% | 100% | NC |

Baltcom IVS | KINO 2 | 60% | 60% | NC |

Baltcom IVS | TV 21 | 60% | 60% | NC |

Baltcom IVS | TV 21 Galerija | 60% | 60% | NC |

TV 3 Latvia | TV 3 | 51% | 19% | NC |

Latvijas neatkarīgā televīzija | LNT | 55% | 13% | NC |

Pirmais Baltijas kanāls | Pirmais Baltijas kanāls | 51% | 17% | NC |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

2. Minimum proportion of European works by independent producers (Article 5)

National Broadcasting council cannot provide the data for the proportion of recent works produced by independent producers started because just from the year 2005 the Council has changed the report form for broadcasters to give the information on this proportion.

B) Measures taken or envisaged by the Member State

The improved report form for the broadcasters will allow collecting precise data on recent works of independent producers from the year 2005.

C) Further comments

The information attached (excel sheet) is collected according to information given by those broadcasting organisations which operates in national level or region of Riga (capital of Latvia), as well as those organisations having broadcasting licences on broadcasting of own produced programs.

With the help of EU PHARE Twinning lights program the Council will generally improve its monitoring system.

LITHUANIA

Total number of reported channels | Reference period | Monitoring method |

4 | 2003/2004 | - Collecting data from the broadcasters; - Cross-checking by radio and Television Commission of Lithuania |

LT | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

Two national TV broadcasters were not able to achieve the necessary European production proportion for the period of 2003/2004 due to the reasons that bind them to the signed agreements for purchasing other than European production works.

2. Minimum proportion of European works by independent producers (Article 5)

B) Measures adopted or envisaged by the Member State:

The Radio and Television Commission, witch regulates and controls the activities of broadcasters in Lithuania hold a few round-table discussions with the broadcasters failing to comply with the provisions of the Law concerning European works and cleared out the reasons for failing to do so. It was assured by the broadcasters that they would do their best to gradually increase the number of European work quota in their programme transmission time in future.

C) Further comments: No observations

LUXEMBOURG

Total number of reported channels | Reference period | Monitoring method |

10 | Calendar years 2003/2004 | - recorded: RTL9, LibertyTV.com, Nordliicht TV - sampled: RTL TVi, Club RTL, RTL4, RTL5 - estimated: RTL- TéléLëtzebuerg, |

LU | ←MS | EW (% TQT) | IP (% TQT) | RW (% PI) |

Liberty TV.com | Liberty TV | 100% | 100% | 15% | 15% | 71% | 67% |

A) Reasons given by Member State for failure to reach proportions:

1. Majority proportion of European works (Article 4)

Four of CLT-UFA’s programmes failed to reach the required majority proportion of European works for one of the two reference years.

- In 2003 the records for RTL-Tvi were based on a sample 4-week period, and the set threshold of 50% was not reached during this time. The situation was remedied in 2004.

- In 2004 the proportion of European works on Club RTL during the sample period, in which programme schedules were based around flagship music programmes, fell 26.86% below the threshold. A higher proportion of programmes were non-European works. Club RTL intends to boost the number of European works it broadcasts in order to meet the required proportion.

- The slight 1.03% shortfall for RTL5’s European works quotas as a whole is due to the fact that the channel mainly broadcasts sport and news, programmes which do not qualify as European works under the Directive. In 2005 RTL5 should be able to comply with the prescribed quotas given the development of its programme schedules and audience.

- RTL9, which fell 1.8% below the threshold in 2003, corrected the situation in 2004.

2. Minimum proportion of European works by independent producers (Article 5)

In 2003 and 2004, CLT-UFA’s programmes as a whole reached the level of production of works by independent producers laid down in the Directive.

Nordliicht and T.TV are low-budget channels in Luxembourgish. As in previous years, Nordliicht produces all its programmes itself.

Everyday Media S.A. is not able to provide the requested statistical statements as T.TV was going through a period of transition, i.e. changing from initially broadcasting music programmes aimed at young people to more general television.

B) Measures taken or envisaged by the Member State

RTL has been formally instructed to take the steps needed to ensure this situation does not arise again.

Everyday Media S.A. has been formally instructed to take the steps needed to ensure it complies with its obligations in the future.

C) Further comments: No observations

HUNGARY

Total number of reported channels | Reference period | Monitoring method |

15 | 2003/2004 | Weekly data provision |

HU | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

Magyar Televízió Rt. | M2 | 82,9% | 35,0% | 76,2% |

Duna Televízió Rt. | DUNA TV | 94,2% | 86,9% | 87,3% |

MTM-SBS Televízió Rt. | TV2 | 50,4% | 37,0% | 66,5% |

Spektrum TV Rt. | Spektrum | 55,9% | 53,0% | 69,4% |

Z+ Műsorszolgáltató Rt. | VIVA TV | 46,0% | 45,9% | 94,4% |

Filmmúzeum Rt. | Film-múzeum Rt | 88,3% | 65,8% | 29,9% |

PAX TV Rt. | PAX Televízió | 97,0% | 58,2% | 34,4% |

HBO Rt. | Section 7, subsection 1 Section 7, subsection 2 | Indefinite time | 1859/2004. (XII.15.) |

Spektrum Rt | Section 7, subsection 1: European quota, Hungarian language quota Section 7, subsection 2: Hungarian independent quota | - in advance, for 5 years, extendable - in advance for 10 years, extendable -for 10 years, extendable | 1860/2004. (XII.15.) |

MALTA

Total number of reported channels | Reference period | Monitoring method |

5 | 2004 | Broadcasters reporting; Audience survey carried out by Malta Broadcasting Authority |

MT | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

PBS Ltd | Education 22 [2] | 100% | 98% | NC | 20% | 100% | 98% |

Media.Link Communications Ltd. [3] | NET TV | 57% | 54% | 19% | 34% | 16% | 33% |

One Productions Ltd. [4] | Super One TV | 63% | 72% | 23% | 33% | 23% | 6% |

Smash Communications Ltd [5] | Smash TV | 57% | 72% | 37% | 42% | 37% | 30% |

A) Reasons given by Member State for failure to reach proportions

1. European works

N/A – quota reached

2. Independent productions

N/A – quota reached

B) Measures taken or envisaged by the Member State : No observations

C) Further comments : No observations

NETHERLANDS

Total number of reported channels | Reference period | Monitoring Method |

67 | 2003/2004 | * |

(*) The public broadcasting service compiles data on public broadcasting on the channels Nederland 1 , Nederland 2 and Nederland 3 based on total programming (minus the categories to which exceptions apply such as news, sports, etc.). The data are submitted to the Netherlands Media Authority (Commissariaat voor de Media). The remaining broadcasters have reported to the Commissariaat voor de Media on the basis of a sample, selected by the Commissariaat , of weeks 7, 17, 29 and 42 (2003) and the periods 13-19 March 2004, 8-14 May 2004, 11-17 September 2004 and 6-12 November 2004.

NL | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

Publieke landelijke omroep | Nederland 2 | 83 | 91 | 48 | 51 | 96 | 95 |

Publieke landelijke omroep | Nederland 3 | 92 | 93 | 35 | 37 | 89 | 83 |

St. Samenwerkende Publieke Omroepen Midden Nederland | Utrecht | 100 | 100 | 74 | 38 | 100 | 100 |

Stichting Omroep drenthe | Drenthe | 100 | 100 | 43 | 39 | 100 | 100 |

Stichting Omroep Gelderland | Gelderland | 100 | 100 | 38 | 12 | 100 | 100 |

Stichting Omroep Limburg | Limburg | 100 | 100 | 48 | 53 | 100 | 100 |

Stichting Omroep Zeeland | Zeeland | 100 | 100 | 12 | 14 | 100 | 100 |

Stichting Omrop fryslân | Fryslan | 100 | 100 | 30 | 29 | 100 | 100 |

Stichting Regionale Omroep Brabant | Brabant | 100 | 100 | 51 | 36 | 100 | 100 |

Stichting Regionale Omroep Flevoland | Flevoland | 100 | 100 | 69 | 68 | 100 | 100 |

Stichting Regionale Omroep Rotterdam-Rijnmond en omgeving | Rijnmond | 100 | 100 | 29 | 46 | 99 | 100 |

Stichting Regionale Omroep West | West | 100 | 100 | 34 | 58 | 100 | 100 |

Stichting Regionale Televisie Noord | Groningen | 100 | 100 | 39 | 20 | 100 | 100 |

Stichting RTV Noord-Holland | Noord-Holland | 100 | 100 | 14 | 42 | 100 | 98 |

Stichting RTV Oost | Oost | 100 | 100 | 38 | 36 | 100 | 100 |

Carthage II B.V. p/a SBS Broadcasting b.v. | Irisz | NO | 55 | NO | 37 | NO | 85 |

InfoThuis Nieuwe Media B.V. | InfoThuis TV | NO | 100 | NO | 100 | NO | 100 |

InfoThuis Nieuwe Media B.V. | InfoThuis TV (editie Westland/Midden Delfland) | NO | 100 | NO | 100 | NO | 100 |

Ultra Blue tv | Ultra Blue tv | 68 | NO | 56 | NO | 100 | NO |

Royaal B.V. | Royaal TV | NO | 100 | NO | 23 | NO | 100 |

Stichting Huissen TV | Huissen TV | EXC | EXC | EXC | EXC | EXC | EXC |

United Football Broadcasting B.V. | Het Voetbalkanaal | EXC | EXC | EXC | EXC | EXC | EXC |

UPC Programming b.v. | UPC Avante | 55 | NO | 42 | NO | 57 | NO |

UPC Programming b.v. | UPC Avante (EE) | 55 | NO | 42 | NO | 55 | NO |

Free - X TV B.V. | Backroom/FreeX TV2 | NO | 67 | NO | NC | NO | NC |

Free - X TV B.V. | Free-X TV | 76 | 56 | NC | NC | NC | NC |

Free - X TV B.V. | Xdream | NO | 57 | NO | NC | NO | NC |

STV International B.V. p/a Loyens en Loeff | Playboy TV / Spice Platinum | 52 | 62 | 34 | 56 | 26 | 90 |

12 | 2003 / 2004 | Statutory reporting obligation of broadcaster; Failure to report incurs an administrative penalty (Paragraph 64 (1) Nr 9 PrTV-G (Private Television Act) |

AT | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

ORF/Sitour Gruppe | TW1 | 98% | 97% | 60% | 59% | 92% | 98% |

K-TV FernsehgmbH & Co KEG | K-TV | 100% | 96% | 19% | 21% | 50% | 44% |

Fashion TV Programmgesellschaft mbH | Fashion TV | 66% | 67% | 58% | 60% | 100% | 80% |

TIV Kabel-Fernsehgesellschaft mbH | GoTV | NO | 70% | NO | 15% | NO | 95% |

MEC Sport und Entertainment GmbH | RaceON TV | NO | EXC | NO | EXC | NO | EXC |

X-Gate Multimedia GmbH | TV6 | NO before September 2003 / NC | NC | NO before September 2003 / NC | NC | NO before September 2003 / NC | NC |

A) Reasons given by Member State for failure to reach proportions

No observations .

B) Measures taken or envisaged by the Member State

No observations.

C) Further comments

Audience shares:

The figures indicated relate to the market shares determined in the Teletest. Figures are available only for ORF and ATV+ as well as Sat 1 since the other broadcasters included in the report in the relevant period did not take part in the Teletest. It should also be noted that the market shares of Sat. 1 include not only the broadcast Austria "niche" programmes, but also the German umbrella programmes in Austria. This market share must be qualified insofar as it depends on the transmission mode as to whether a viewer can receive the Austria "niche".

ORF programmes:

With an average share of European works of 63.7%, the ORF registered an increase in 2004 compared with the previous year (2003: 62.2%). In 2004 ORF1 recorded a 45.9% share. In ORF2 the figure was 83.2% (2002: 82.1%).

As regards independent works, the previous high level was also maintained in 2004. The proportion of works made by independent producers was 16.7% in ORF1 (2003: 15.7%) and 31.9% in ORF2 (2003: 33.2%), which gives an average of 23.9% for 2004 (2003: 24.0%).

The proportion of recent works was also stable in 2004. The proportion of broadcast productions of independent producers accounted for by recent works was 89.6% in 2004.

The ORF is endeavouring to further increase these proportions.

TW1:

TW1 is a 24-hour special interest channel (with repeats from 24.00 to 07.00) for travel (topical travel magazine, travel destinations), current weather (weather reports, weather information, weather data, weather panorama cameras), leisure (leisure tips) and sport (live transmissions and magazine programmes). The percentages given in the table relate to the following numbers of hours: TQT 2003 6 765 hours, 2004 6 576 hours; EW 2003 6 630 hours, 2004 6 368 hours; IP 2003 4 059 hours, 2004 3 894 hours; RW 2003 3 721 hours, 2004 3 816 hours;

ATV+:

The decrease in the proportion of EW in the TQT is due to the fact that in the year of the inclusion of terrestrial broadcasting the broadcaster provided significantly more own productions to be included in the quota and a number of special interest magazines. Because of a lack of acceptance by the public, a number of these were phased out of the programming in 2004 and are NO longer produced. In their place, more sport was introduced into the programme as a result of the acquisition of transmission rights for the national football league. Sports events and football matches cannot however be taken into consideration when determining quotas. This can be seen from the following figures: whereas in 2003 the time to be entered under TQT was 5 158 hours, this number decreased in 2004 to 4 750 hours.

SAT1:

SAT1 Privatrundfunk und ProgrammgesmbH provides niche programming (which is inserted in the normal SAT1 schedule) of a maximum of two hours per day, which however is not fully exploited. The programmes (motoring programmes, sports magazine, lifestyle, health) are then repeated a number of times during the week, with recent productions of a magazine programme being broadcast every fourteen days for the most part. The above data relate to the initial broadcast of programmes. Initial broadcasts accounted for 65.5 hours in 2003 and 63.5 hours in 2004. All productions without exception are made entirely in Austria by independent producers. All of these productions are recent works, since without exception they were produced very near to the time of transmission and repeated soon after the first broadcast.

KTV:

KTV Fernseh GmbH & Co KEG is a specialised channel showing broadcasts with a Christian/Catholic perspective including the transmission of masses and other "live services" via satellite. The individual percentages given relate to the following number of hours:

TQT 2003: 1 283 hours of which EW 1 283 hours, IP 240 hours and RW 120 hours. TQT 2004: 1 432 hours of which EW 1 378 hours, IP 300 hours and RW 132 hours. The broadcasts include coverage of religious services, group discussions on religious topics as well as research and information on subjects relating to Christianity.

Fashion TV:

This specialised fashion channel (24 hours a day, including repeats) offers advertising and topical fashion information, particularly coverage of fashion shows in and outside Europe, and also international fashion events as well as (edited highlights of) fashionable events (competitions, presentations, society events). No presenters are used for the items broadcast.

Given that the channel is concerned exclusively with presenting the latest fashions, its broadcasts consist mainly of items produced fairly recently. In view of the fact that the programmes on offer do not receive attention from other broadcasters and these programmes are thus not made for any other TV broadcasters, independent productions account for 100% of broadcasts.

The percentage figures relate to total qualifying transmission time (TQT) of 8 760 hours (2003), excluding advertising and news, EW circa 5780 hours, IP circa 5 100 hours and RW circa 5 100 hours of the broadcast schedule. The figures taken for 2004 were as follows: TQT 7 884 hours, EW 5 250 hours, IP 4 730 hours and RW 3 784 hours.

GoTV:

This broadcaster has transmitted its programme via satellite since 1 May 2004 and has therefore only been subject to reporting requirements in 2004. The percentage figures relate to 5 519 hours of European works, 1 183 hours of works made by independent producers and 1 123 hours of recent works. A total of 7 884 hours of programmes were broadcast during the year.

Premiere:

In 2003, 7 248 hours were broadcast (excluding news, sports reports, etc.). Of these, 2 694 hours consisted of European works. 1 500 hours of programming were made by independent producers. Of these in turn, 953 hours were recent works.

RaceONTV:

The broadcaster has only had a licence for satellite broadcasting since 30 January 2004. It transmits live horse races from the USA and the Magna Racino Austria. In addition to the races themselves, commentaries and information on the horse races (betting information, results) are transmitted by means of an information menu and split screen. The programmes are encoded and can only be received at race tracks and in sports bars and betting shops but not in private households. There were NO preliminary or background reports or the like in 2004.

Simply by virtue of the fact that the transmissions are only of horse races, mainly from the USA, the channel transmits only sport, with a result that Articles 4 and 5 cannot be implemented in practice or it must be assumed that for the purposes of the European Commission guidelines on the implementation of Articles 4 and 5 (cf. Point 2.2) the broadcaster is not subject to the reporting obligation, since it broadcasts only sports reports, the majority of which are from the USA.

Pro7:

In October 2003 the Pro Sieben Rundfunk and Medienproduktion GmbH was granted a licence for a daily half-hour "niche" programme (news and reporting on local events from an "infotainment" angle) on ProSieben. The niche had not yet been established in 2003. In 2004, under the terms of the licence granted by the regulatory authority Kommaustria, the niche programme amounted to 15 minutes daily (from 20.00 to 20.15), of which on average 10 minutes consisted of news. The remainder of the 15 minutes was devoted to reports on local events. Because of its content, this magazine programme must be considered a European work, which is made by independent producers and which because of its topicality also regularly represents a recent work within the meaning of the Directive. Moreover, on ten occasions in 2004 a further magazine programme lasting 25 minutes was also broadcast, and this should also be regarded as a work made by independent producers and a recent work.

TV6:

In September 2003 the X-Gate Multimedia Broadcasting GmbH began test broadcasts of the TV6 channel. Since then, bankruptcy proceedings have been instigated against TV6, with a result that it is not at the moment possible to obtain useful data, since applications can only be made to the administrator. In its unencoded programming, TV6 transmitted mainly teleshopping and adult entertainment. In addition part of the programme was encoded. The broadcaster is currently facing legal supervision proceedings brought by the regulatory authority.

Other broadcasters:

Apart from the broadcasters named in the report, a number of other broadcasters broadcast programmes in local and regional cable networks and two other broadcasters transmitted a terrestrial programme for an individual province in Austria during the reporting period. Since all these broadcasts are aimed at a local audience and are not connected to a national television network, then in accordance with Article 9 of the Directive the broadcasters concerned are not subject to the reporting obligation.

Three other broadcasters licensed for satellite broadcasting in 2004 have not so far begun their transmissions.

POLAND

Total number of reported channels | Reference period | Monitoring method |

52 | 01.05.2004 – 31.12.2004 | Collection data from broadcasters |

PL | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

Telewizja Polska SA | Program 2 | 84% | 21% | 64% |

Telewizja Polska SA | TV Polonia | 99% | 17% | 45% |

Telewizja Polska SA | TVP 3 Regionalna Białystok | 90% | 13% | NC |

Telewizja Polska SA | TVP 3 Regionalna Bydgoszcz | 93% | 18% | NC |

Telewizja Polska SA | TVP 3 Regionalna Gdańsk | 94% | 15% | NC |

Telewizja Polska SA | TVP 3 Regionalna Katowice | 90% | 15% | NC |

Telewizja Polska SA | TVP 3 Regionalna Kraków | 91% | 15% | NC |

Telewizja Polska SA | TVP 3 Regionalna Lublin | 91% | 14% | NC |

Telewizja Polska SA | TVP 3 Regionalna Łódź | 91% | 14% | NC |

Telewizja Polska SA | TVP 3 Regionalna Poznań | 94% | 16% | NC |

Telewizja Polska SA | TVP 3 Regionalna Rzeszów | 87% | 12% | NC |

Telewizja Polska SA | TVP 3 Regionalna Szczecin | 90% | 14% | NC |

Telewizja Polska SA | TVP 3 Regionalna Warszawa | 89% | 15% | NC |

Telewizja Polska SA | TVP 3 Regionalna Wrocław | 90% | 15% | NC |

Telewizja Polsat SA | Polsat | 53% | 33% | 85% |

TVN SA | TVN | 71% | 17% | 96% |

Polskie Media Sp z o. o. | TV 4 | 50% | 36% | 93% |

Telewizja Polsat SA | Polsat Sport | 94% | 87% | 92% |

Telewizja Polsat SA | Polsat 2 | 91% | 56% | 91% |

Telewizja Polsat SA | Polsat Zdrowie i Uroda | 72% | 57% | 100% |

TVN Turbo Sp. z o. o. | TVN Turbo | 87% | 54% | 100% |

Canal+Cyfrowy Sp. z o. o. | Planete | 83% | 66% | 63% |

Fundacja Lux Veritatis | TRWAM | 86% | 13% | 70% |

International Movie Productions TV LTD | TMT | 67% | 55% | 43% |

Kino Polska TV Sp. z o. o. | Kino Polska | 100% | 92% | 6% |

Mango - Media Sp. z o. o. | Mango | EXC | EXC | EXC |

Media Biznes Sp. z o. o. | TV Biznes | 100% | 20% | 100% |

Prowincja Zakonu Braci Mniejszych Konwentualnych | Niepokalanów Puls | 70% | 58% | 61% |

Stowarzyszenie Telewizyjne Lubań | TV Lubań | EXC | EXC | EXC |

Telewizja Dolnośląska Sp. z o. o. | TeDe | EXC | EXC | EXC |

Tadeusz Dąbrowski | Studio NTL | EXC | EXC | EXC |

Telewizja Regionalna Bryza Sp. z o. o. | TV Bryza | EXC | EXC | EXC |

Telewizja Zielona Góra Sp. z o. o. | TV Zielona Góra | EXC | EXC | EXC |

Telewizja Regionalna Zagłębia Miedziowego Sp. z o. o. | TV Legnica | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach proportions

1. Majority proportion of European works (Article 4)

Coming into force of the amended regulations of the Broadcasting Act concerning European works and European works produced by independent producers on 1 May 2004 without any vacatio legis made broadcasters adapt the programmes broadcast by them to the new regulations immediately. The new regulations concerning European works and European works produced by independent producers include more complex criteria for classifying programmes as European, the definition of an independent producer has been introduced and broadcasters have been obliged to allocate a half of the time of broadcasting European works produced by independent producers to works produced up to 5 years before being broadcast. Not all the broadcasters managed to adapt their programme services to the new regulations at once. Problems with meeting the requirements concerning European quota and quota concerning European independent producers were mainly encountered by small television broadcasters broadcasting their programme services via satellite.

TVN Siedem, Canal+ Żółty and Minimax did not reach the required 50% share of European works in the period covered by this report.

a) TVN SA allocated only 18% of TVN Siedem time to European works because it had not enough time to adapt its pool of broadcasts to the new legal environment and the programmes purchased earlier did not meet the new regulations. Moreover, the adaptation of the programme service of TVN Siedem to the amended regulations makes the long-term validity of the previously concluded license agreements much more difficult in its opinion. The broadcaster announced having taken steps in order to increase the share of European works: it has concluded new license agreements on broadcasting German and UK TV serials and has begun producing programmes specifically designed for TVN Siedem.

b) The broadcaster allocated 41% of the qualified broadcasting time of Canal+ Żółty – a paid, encoded satellite channel – to European works. This percentage is not in conformity with Art. 4 of the Directive and with the regulation concerning lower share of programs originally produced in the Polish language and of European works in television program services issued by the National Broadcasting Council (NBC) according to the will of the Polish legislator. The regulation exceptionally permitted a decrease in the threshold of the European works to 45% by broadcasters of specialised channels for which the number of available European works is insufficient. The broadcaster announced that the specificity of Canal+ Żółty was the reason for the failure to achieve the mandatory threshold of the European works. The broadcasting licence obliges the broadcaster in conformity with its application to make up its programme of the latest cinema and television films. It results from the broadcaster's explanations that it encountered many difficulties with purchasing a number of licenses for European works enabling it to meet the legal requirements in force. The broadcaster also informed that it had contributed to the production of cinema films over the last 10 years by financing 60 films with the total amount of PLN 115,000,000.

c) Minimax is a satellite channel for children. The broadcasting licence obliges the broadcaster to allocate 60% of the time to cartoons. The broadcaster explained that the share of European works in its programme service being below the required threshold of 50% was caused by the reconstruction of the programme schedule carried out in the 2nd half of 2004 and the change in legal regulations.

d) The share of European works in Canal+ Polska and Ale kino! (film channels) was lower than required by the Directive. However, these are specialised channels. Therefore, the broadcaster was allowed to exceptionally decrease the percentage of such broadcasts to 45% pursuant to regulation of NBC concerning lower share of programs originally produced in the Polish language and of European works in television program services.

2. Minimum proportion of European works by independent producers (Article 5)

a) TV Polonia did not reach the required threshold of 50% of the qualified broadcasting time allocated to works produced by independent European producers within the last 5 years in the period covered by the report. It results from the broadcaster's explanations that this was caused by TV Polonia's programme service being made up of archival programmes produced by Polish TV before 2000 as a rule. By designing the channel, the broadcaster responds to the demand of viewers being Poles and persons of Polish origin resident in various countries from Australia to North America in the first place. The channel is also available in cable television networks in Poland. Its purpose is to present the achievements of Polish culture.

b) Telewizja Polska SA has not provided any data concerning the share of European works produced by independent producers within the last 5 years in 12 regional channels because, according to the information provided by it, it had not managed to start the new reporting system adapted to the amended legal regulations in its regional branches. The said system was started on 1 January 2005.

c) The broadcaster of TVN Siedem, in the period covered by the report, allocated 7% of the qualified broadcasting time to European works produced by independent producers and 38% of the time of broadcasting European works produced by independent producers to works produced up to 5 years before being broadcast. The broadcaster informed that this was caused by difficulties with completing its broadcast stock with programmes meeting the new legal requirements within a short time. The broadcaster also explained that it had to perform license agreements previously signed. The broadcaster assures it will make every effort so that the percentage of independent producers' works meets the legal requirements in 2005.

d) The broadcaster informed that the absence of European works produced by independent producers and works produced within the last 5 years from TVN 24 was caused by the specificity of the channel including 60% of news produced by TVN 24 on its own as any news channel does. A small part of the programme service was made up of feature broadcasts, mainly comments, opinions, views and forecasts related to current events presented by experts, journalists and politicians.

e) It results from the broadcaster’s explanations that the absence of European works produced by independent producers within the last 5 years from TVN Meteo was caused by the specialty of that channel. In 2004, TVN Meteo was made up of weather news coming from Poland and the rest of the world in 90%. Programmes other than news were a small part of it and also concerned weather.

f) By granting the broadcasting licence covering Ale kino!, NBC granted the broadcaster’s request to enable creation of a specialised channel for amateurs wholly dedicated to cinema, its history and evolution and to classic films from the 1950 – 1990 period. Therefore, in the broadcaster’s opinion, works produced within the last 5 years are not within that specialty.

g) According to the broadcasting licence granted to the broadcaster, the Minimini channel is designed for kindergarten-aged children. The broadcaster indicates in its explanations that it is guided by the good of its viewers in making up its programme. Therefore, the quality criterion is essential for the choice of programmes. According to the broadcaster, the latest films by independent producers do not always meet its requirements. Therefore, it encountered problems with filling 50% of the time of broadcasting European works produced by independent producers with works produced within the last 5 years. The broadcaster believes that it encountered another difficulty caused by the fact that European works by independent producers took as much as 63% of its programme service.

h) According to the broadcaster, the distribution of Tele 5 via satellite and cable networks prevents it from reaching a large audience and, therefore, generating high advertising income. The broadcaster maintains that financial problems caused by a decline in value of the advertising market and a strong competition from foreign broadcasters holding NO licences for Poland and broadcasting in Polish was the main reason for its failure to reach the required percentage of European works produced by independent producers. Moreover, as the broadcaster informed, a large part of its rights to broadcast programmes meeting the criteria for European works produced by independent producers and produced up to 5 years before being broadcast expired in 2004. Lack of funds prevented the broadcaster from investing enough in programmes meeting the requirements of the Broadcasting Act. The broadcaster declares purchasing programmes enabling it to meet the statutory requirements and systematic increases in the share of such programmes in its programme service.

i) The broadcasting licence obliged Antena 2 sp. z o. o., the broadcaster of Pilot, a niche channel, to provide information about the current contents of programme services broadcasted in Polish in a graphic form and about new television, cinema, theatre and musical broadcasts and their authors. The broadcaster did not meet the legal regulations with respect to European works produced by independent producers and works produced within the last 5 years. The broadcaster did not notify NBC of the reasons for its failure to meet the legal regulations. It abandoned broadcasting the Pilot channel on 1 January 2005.

j) The broadcaster of the TMT channel did not explain why it had not ensured the required share of independent producers’ works produced up to 5 years before being broadcast in its programme, but it warranted that it had made amendments to the TMT programme schedule designing system ensuring the compliance of the programme next year.

k) Kino Polska is designed as a film channel. By granting the broadcasting licence, NBC granted the broadcaster’s request to enable the creation of a channel showing fiction (cinema and television) and documentary films produced in Poland as well as foreign films produced with the participation of Polish actors and artists (directors, story writers, camera operators, composers, set designers, etc.). The broadcaster informed that it had not managed to make up a programme service containing a 50% share of European works produced by independent producers within the last 5 years due to the specificity of the channel. In the broadcaster’s opinion, meeting the said condition in 2004 was the more difficult for it that 92% of the programmes were European works produced by independent producers.

l) The broadcasting licence obliges Służewiec – Tory Wyścigów Konnych sp. z o. o. to create Hipika TV, a niche channel for the audience interested in horse races. This channel is specialised in broadcasting and re-broadcasting horse races in Poland and abroad and announcing race results on boards. Races, broadcast and re-broadcast, accounted for 77% of the programme in 2004. The broadcaster informed NBC that it had not reached the thresholds of European works produced by independent producers and works by independent producers produced up to 5 years before being broadcast because it encountered difficulties in purchasing programmes being in conformity with the specialty of the channel. The broadcaster ensured it would endeavour to adapt its programme service to the legal regulations in force.

m) The Warsaw School of Social and Economic Studies, the broadcaster of Edusat, is obliged to create educational programme service by the terms of its broadcasting licence. The broadcaster informed that it had not ensured the required share of independent producers’ works and, therefore, independent works produced up to 5 years before being broadcast last year, because lectures (mainly live) for extramural students of the Warsaw School of Social and Economic Studies accounted for 80% of its programme. The programme service of Edusat did not include any commercials or teleshopping. It is a non-profit TV station financed with the tuition fees paid by the students.

B) Measures taken or envisaged by the Member State

The National Broadcasting Council sent letters requesting the presentation of reasons for failure to meet the legal regulations in force to the broadcasters and notified them of the control of their programme services to be performed in 2005. NBC also warned the broadcasters that legal sanctions provided for in the Broadcasting Act would be applied if repeated non-compliances are stated.

C) Further comments

1. Polsat Zdrowie i Uroda, Planete and 4fun.tv included in the report have been broadcast from July 2004 and TVN Style and TV Biznes only from 2004.

2. TV Pilot includes statistical data for the second half of 2004 because the broadcaster did not supply any data for May and June 2004. Obtaining those data is not possible any more, because the broadcaster abandoned broadcasting on 1 January 2005.

3. We cannot state whether the share of European works and works by independent producers in each channel has increased or decreased in 2004 compared to 2003 because statistical data of those years are incomparable. The legal regulations concerning European and independent European works in force in 2003 provided for different criteria for classifying programmes as produced by a European producer. They did not include any detailed definition of an independent producer, either. Moreover, previously a different definition of qualified broadcasting time was applied to the calculation of percentage of European works or independent producers’ works. The percentage share of such works in the programme service was calculated as the share in the total broadcasting time without excluding news, sports events transmissions, games, commercials and teleshopping.

4. In 2004, the programmes services of Studio NTL, TV Bryza, TV Zielona Góra, TV Legnica, TV Aval, TV Lubań and TeDe mainly included news and were designed for local viewers. They were not a part of the nation-wide network. Pursuant to Article 9 of the Directive, Poland is exempted from submitting reports on the implementation of Articles 4 and 5 of the Directive with respect to the above-mentioned channels.

PORTUGAL

Total number of reported channels | Reference period | Monitoring method |

24 | 2003 / 2004 | Sampling procedure, on a random basis, complemented, in specific cases by data provided by TV operators |

PT | ←MS | EW (% of TQT) | IP (%TQT) | RW (%IP) |

RTP, SA | RTP2 (2:) | 53% | 61% | 31% | 26% | 53% | 71% |

RTP, SA | RTP Internacional | 100% | 96% | 46% | 28% | 100% | 94% |

RTP, SA | RTP Memória | NO | 67% | NO | EXC | NO | EXC |

TVI,SA | TVI Eventos | EXC | EXC | EXC | EXC | EXC | EXC |

SPORT TV PORTUGAL, SA | Sport TV | EXC | EXC | EXC | EXC | EXC | EXC |

PORTO TV, SA | NTV | 100% | NO | 62% | NO | 100% | NO |

TV MEDICINA,SA | TV Medicina / Saúde | EXC | EXC | EXC | EXC | EXC | EXC |

TV CABO AUDIOVISUAIS, SA | Lusomundo Premium | EXC | EXC | EXC | EXC | EXC | EXC |

TV CABO AUDIOVISUAIS, SA | Lusomundo Gallery | EXC | EXC | EXC | EXC | EXC | EXC |

TV CABO AUDIOVISUAIS, SA | Lusomundo Action | EXC | EXC | EXC | EXC | EXC | EXC |

TV CABO AUDIOVISUAIS, SA | SMS Tv | EXC | EXC | EXC | EXC | EXC | EXC |

PT CONTEÚDOS, SA | Lusomundo Happy | EXC | EXC | EXC | EXC | EXC | EXC |

A) Reasons given by Member State for failure to reach proportions

See below under C).

B) Measures taken or envisaged by the Member State

Se below under C).

C) Further comments

1. General observations

1.1. To supplement the information given on the two forms attached to letter INFSO A1/KE/pp D(2005)616549 from the Director-General of DG Information Society and Media, Fabio Colasanti, the Portuguese authorities have also prepared a report - as in previous years - since this is the only way to fully understand the performance of television operators falling within Portuguese jurisdiction as regards the application of Articles 4 and 5 of the "television without frontiers" (TWF) Directive in the period 2003 to 2004.

1.2. Acknowledging the importance the Commission gives to the audience shares achieved by the programme services considered, the Portuguese authorities reiterate their view - already formally expressed[56] - that the Commission's position has NO valid legal basis and is based on assumptions which do not meet basic requirements regarding clarity, objectivity and equal treatment.

1.3. In accordance with Article 4(3) of the TWF Directive, the Portuguese authorities have prepared this report on 2003 and 2004.

The criteria set out in "Suggested new guidelines for monitoring application of Articles 4 and 5 of the Television without frontiers Directive" (Annex 1 to COM(2000) 442 final of 17 July 2000[57]) have been applied.

The percentages presented for assessing the performance of television operators, with reference to Articles 4 and 5 of the TWF Directive, were calculated by actual sampling, supplemented and checked, in specific cases, with information supplied by the operators themselves.

The report comments on each operator and, where applicable, states what measures have been adopted or planned.

The figures for European works, independent productions and recent works are set out in the four tables attached. Tables 1 and 2 give the percentages obtained for different channels held by the public service operator and private operators respectively. Table 3 gives the weighted broadcasting averages for each operator, considered overall. Table 4 gives a list of programme services exempt.

2. Comments on each operator:

i) Radiotelevisão Portuguesa – Serviço Público de Televisão SA

Of all the programme services operated by RTP, only RTP África - whose programmes are intended for audiences in some of the former Portuguese colonies[58] but are also received in Portugal, by cable and satellite - did not achieve, in 2003, the minimum required for independent productions . The percentages obtained reflect the fact that in the period concerned, as in 2002, the programme service in question focused on programmes produced internally, notably programmes made for the African communities, in line with the principle that programmes should be tailored to the needs of their particular audience.

In any event, the percentages achieved by the public television service operator overall[59] show that it fully complied with the recommendatory objectives laid down in Articles 4 and 5 of the Directive, as in previous years.

It should be noted that RTP started operating two new programme services in 2004: RTP N [60] and RTP Memória . However, with regard to the latter, the Portuguese authorities believe[61] that its regular programmes should have to comply with the percentages given in Article 4 only, and not those in Article 5.

ii) SIC – Sociedade Independente de Comunicação SA

1. Regarding European works , in 2003 and 2004 the following programme services did not meet the objectives laid down in Article 4: SIC , SIC Gold , SIC Radical and SIC Mulher (the latter only in 2004).

However, SIC 's percentages were higher than in 2001- 2002 and the figures for 2003-2004 (43.8 and 46.3%) are already close to the minimum laid down in Article 4. SIC Gold : despite good results in 2001-2002, the figures dropped significantly in 2003,[62] due to the fact that this "archive channel" rebroadcasts programmes already shown by the main SIC programme service, which has a relatively small stock of programmes. This, together with low audience levels, was one of the main reasons SIC Gold stopped broadcasting in October 2004. SIC Radical : although its percentage of European programmes is lower than that required by Article 4 of the Directive, and despite the fact that it is relatively new, the figures have been improving since 2002. The opposite is true of SIC Mulher , which had 55.7% in 2003 and only 45% in 2004, although this is still quite close to the majority percentage required for European works. The performance of SIC Comédia should be relativised, as this thematic programme service (mostly humour and comedy) only started broadcasting in mid-October 2004.

Regarding works referred to in Article 5 of the Directive , the following should be mentioned: SIC Gold - with negative performance until it finally stopped broadcasting -, SIC Radical - which, after low figures in 2003 (5.3%), improved significantly in 2004 (14.5%) - and SIC Mulher - which had 0% in 2003 because the sampling period considered was atypical, owing to the random way in which the it was selected.

2. The overall broadcasting percentages for SIC – Sociedade Independente de Comunicação SA for European works in 2003 and 2004 are, respectively, 49.2% and 53.1%,[63] i.e. figures we regard as acceptable given the objectives laid down. For independent works and recent works , the percentages for 2003 and 2004 were significantly higher than those required by Article 5 of the Directive.

iii) TVI – Televisão Independente SA

For several years TVI's figures for European works have been gradually increasing - as recommended in Article 4(1) of the Directive - and their results for 2003-2004 were clearly positive.

For independent productions and recent works, TVI's percentages for 2003-2004 were substantially higher than those required by Article 5 (as they were in 2001-2002).

iv) Lisboa TV – Informação e Multimédia SA

The SIC Notícias news service is relatively new (it began in 2001). This and, above all, the specific nature of its programmes ( a priori expressly exempted from Community broadcasting percentages) prevented its other programmes which could be included in the percentages for independent productions from meeting the requirements of the Directive in 2003. The figure was largely exceeded the following year (21.2%).

v) Porto TV – Informação e Multimédia SA

Although it has the same characteristics and problems as SIC Notícias, in 2003 the NTV programme service fully complied with the percentages laid down for European works , independent productions and recent works . Figures for 2004 are not available for this channel, which stopped broadcasting on 31 May this year after a short existence which began in October 2001.

vi) Operators/programme services exempt

Under Article 4(3) of the Directive the requirement that Member States provide the Commission every two years with a report is, in principle, applicable to " each of the television programmes falling within the jurisdiction of the Member State concerned ". In order to clarify certain concepts in the Directive and thereby avoid any differences in interpretation and application, the Commission has already specified, in apparently categorical terms, the exemptions from this requirement.[64] However, in practice the Community also tends towards flexibility and reasonableness.[65] Consequently - and bearing in mind that the central objective of the provisions of chapter III of the Directive is to ensure the development and exploitation of creative European works - the Portuguese authorities believe that, in addition to the exemptions specified by the Commission, other exemptions from the rules laid down in Articles 4 and 5 of the Directive should clearly be granted – inter alia for certain television programme services under Portuguese jurisdiction, because of their specific nature, as described below. This does not include Canal Programação TV Cabo , TV Medicina/TV Saúde , TVI Eventos and Canal Parlamento , already mentioned by the Portuguese authorities in the previous exercise,[66] whose situation remains unchanged.

Lusomundo Premium, Lusomundo Gallery, Lusomundo Action, Lusomundo Happy

This is a group of thematic programme services with national coverage and conditioned access, broadcast by cable and satellite, which TV Cabo Audiovisuais SA, and PT Conteúdos – Actividade de Televisão e de Produção de Conteúdos SA, part of the same business venture, started operating between 2003 and 2005. They both broadcast films, mainly American ones. L. Premium focuses on recent works, while L. Gallery broadcasts films which are on average over five years old; L. Action shows action and adventure films while L. Happy shows comedy, animation and entertainment. The productions are mainly American but in the assessment leading to authorisation of these channels, the AACS [Alta Autoridade para a Comunicação Social] considered their commitment to include European works in their programming, and the requirement to broadcast independent productions. However, since the latter still constitute a marginal proporti