Fifth Communication from the Commission to the Council and the European Parliament 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 1999-2000
Date: 2002-11-08
Institutions: European Commission
Subjects: EU Member State, European television, application of EU law, audiovisual production, broadcasting, programmes industry, report, television

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.11.2002
COM(2002) 612 final

FIFTH COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

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 1999–2000

TABLE OF CONTENTS

INTRODUCTION ......................................................................................................................3

I.

1.

1.1

COMMISSION’S OPINION ON THE APPLICATION OF
ARTICLES 4 AND 5 FOR THE PERIOD 1999/2000.................................................4

Application by the European Union Member States ....................................................4

Requirement to broadcast a majority proportion of European works...........................5

1.1.1

Assessment at Community level...................................................................................5

1.1.2. Assessment at national level .......................................................................................10

1.2

Works by independent producers ...............................................................................25

1.2.1

Assessment at Community level.................................................................................25

1.2.2

Assessment at Member State level .............................................................................29

1.3

2.1

2.2

2.1

2.2

General conclusion .....................................................................................................41

Requirement to broadcast a majority proportion of European works.........................42

European works by independent producers ................................................................42

Requirement to broadcast a majority proportion of European works.........................42

European works by independent producers ................................................................42

II. - SUMMARY OF THE REPORTS FROM THE MEMBER STATES ..............................44

III. – SUMMARY OF THE REPORTS FROM THE MEMBER STATES

OF THE EUROPEAN FREE TRADE ASSOCIATION PARTICIPATING
IN THE EUROPEAN ECONOMIC AREA.............................................................100

IV. ANNEXES........................................................................................................................103

ANNEX 1  LIST OF TELEVISION CHANNELS IN THE EUROPEAN UNION MEMBER STATES
WHICH FAILED TO ACHIEVE THE MAJORITY PROPORTION OF EUROPEAN WORKS
AND/OR THE MINIMUM PROPORTION OF 10% OF EUROPEAN WORKS BY
 INDEPENDENT PRODUCERS ........................................................................................104

ANNEX 2  PARAMETERS USED TO CALCULATE THE AVERAGE TRANSMISSION

TIME OF EUROPEAN WORKS BY THE CHANNELS OF THE EUROPEAN UNION
MEMBER STATES (TAKING AUDIENCE RATING INTO ACCOUNT) — ARTICLE 4 OF
THE “TELEVISION WITHOUT FRONTIERS” DIRECTIVE.................................................111

2

INTRODUCTION

This communication, drawn up pursuant to Article 4.3 of Council Directive 89/552/EEC1 of 3 October
1989 on the coordination of certain provisions laid down by law, regulation or administrative action in
Member  States  concerning  the  pursuit  of  television  broadcasting  activities,  as  amended  by  Directive
97/36/EC of the European Parliament and of the Council of 30 June  19972 (hereinafter  referred to as
the  “Television  without  Frontiers”  Directive),  constitutes  the  Commission’s  fifth  report  on  the
implementation of Articles 4 and 5.

This  document  includes  a  statistical  statement  on  the  achievement  in  1999-2000  of  the  proportion
referred to in Articles 4 and 5 for each of the television programmes falling within the jurisdiction of
the  European  Union  Member  State  concerned  and  those  of  the  Member  States  of  the  European  Free
Trade Association participating in the European Economic Area (hereinafter referred to as EFTA). The
Member States are under  an  obligation  to  provide  the  Commission  with  a  report  every  two  years  on
their application of Articles 4 and 5. Under the provisions of the Treaty, the Commission is responsible
for ensuring compliance with this requirement.

The  purpose  of  this  document  is  to  bring  these  national  reports,  together  with  the  Commission’s
opinion on the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive, to
the attention of the Member States, the European Parliament and the Council.

It comprises three parts and two annexes:

(cid:1)  Part I – Commission’s opinion on the application of Articles 4 and 5 for the period 1999-2000;

(cid:1)  Part II – National reports from the European Union Member States;

(cid:1)  Part  III  –  National  reports  from  the  Member  States  of  the  European  Free  Trade  Association

participating in the European Economic Area;

(cid:1)  Annex 1: List of television channels in the European Union Member States which failed to achieve
the  majority  proportion  of  European  works  (Article  4  of  the  Directive)  and/or  the  minimum
proportion of 10% of European works by independent producers (Article 5 of the Directive);

(cid:1)  Annex  2:  Parameters  used  to  calculate  the  average  transmission  time  of  European  works  by  the
channels of the European Union Member States (taking audience rating into account) — Article 4 of
the Directive.

1

2

OJEC L 298, 17.10.1989.
OJEC L 202, 30.07.1997.

3

                                                
I.

1.

COMMISSION’S OPINION ON THE APPLICATION OF ARTICLES 4 AND 5 FOR
THE PERIOD 1999/2000

APPLICATION BY THE EUROPEAN UNION MEMBER STATES

Under Article  4.3  of the  “Television without  Frontiers” Directive, the Commission is responsible  for
ensuring the application of Articles 4 and 5 in accordance with the provisions of the Treaty.

The  European  Union  Member  States  and  the  EFTA  Member  States  participating  in  the  European
Economic Area are under an obligation to provide the Commission with a report every  two  years on
application of Articles 4 and 5, including (i) a statistical statement on the achievement of the proportion
referred to in these Articles for each of the television programmes falling within the jurisdiction of the
Member State concerned, (ii) the reasons, in each case, for the failure to attain that proportion, (iii) and
the measures adopted or envisaged in order to achieve it.

Article 4.3 of the Directive provides that the Commission may take account in its opinion, in particular,
of (non-exhaustive criteria):

–  progress achieved in relation to previous years;
–  the share of first broadcast works in the programming;
–  the particular circumstances of new television broadcasters;
–  the specific situation of countries with a low audiovisual production capacity or restricted language

area.

To  assist  the  Member  States  with  their  monitoring  responsibilities,  guidelines  drawn  up  by  the
Contact  Committee3  have  been  suggested  for  the  implementation  of  Articles  4  and  5.  These
guidelines, which are intended to clarify certain definitions so as to avoid differences of interpretation
and  application  of  the  Directive4,  entered  into  force  on  1 January  1999  and  therefore  cover  the
reference period (1999-2000) of this report.

This is the background against which the opinion set out in this document should be examined. For the
first time, it shows the general trends observed both at Community level and in the individual Member
States concerned. To this end, a series of indicators based on the criteria set out in Articles 4 and 5 of
the Directive has been developed to provide an objective analysis grid.

Article 4 (European works):

(cid:1)  Indicator 1: average transmission time reserved for European works by the European channels with

the highest audience ratings5 in each Member State concerned.

(cid:1)  Indicator  2:  compliance  rate  of  channels  (achieving  or  exceeding  the  majority  proportion)  of  all

types, in each Member State concerned6.

3
4

5

http://europa.eu.int/comm/avpolicy/regul/twf/art45/art45-intro_en.htm
By way of illustration, section 2.2 of the guidelines states that it is not necessary for national reports to include data
on channels broadcasting exclusively “news, sports events, games, advertising, teletext services and teleshopping”.
For  each  year  under  consideration,  the  audience  share  is  based  on  the  most  recent  figures  published  by  the
European  Audiovisual  Observatory:  Statistical  Yearbook  2000  (Volume  2)  “Household  audiovisual  equipment,
transmission, television audience”. Except in specific cases, all channels with over 3% audience share (whole day)
over each of the two years under consideration were taken into account.

4

                                                
(cid:1)  Indicator 3: general trend, in terms of number of channels of all types, in the scheduling of European

works over the reference period (1999-2000)7.

Article 5 (European works by independent producers):

(cid:1)  Indicator 1: average air 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.

(cid:1)  Indicator 2: compliance rate of channels of all types (achieving or exceeding the minimum of 10%)

in the Member State concerned8.

(cid:1)  Indicator 3: general trend, in terms of number of channels of all types, in the proportion of European
works  by  independent  producers  broadcast  in  each  Member  State  concerned  over  the  reference
period (1999-2000).

(cid:1)  Indicator 4: average air time, or alternatively, depending on the choice made by the Member State
when transposing the Directive, the proportion of the programming budget allocated to recent works
by independent producers

(cid:1)  Indicator 5: general trend, in terms of number of channels of all types, in the proportion of recent
works  by  independent  producers  broadcast  in  each  Member  State  concerned  over  the  reference
period (1999-2000).

Subject to the option taken by some Member States pursuant to Article 3.1 of the “Television without
Frontiers”  Directive  of  establishing  more  detailed  or  stricter  rules  in  the  areas  covered  by  the
Directive9, these indicators enable an overview of implementation of Articles 4 and 5 to be obtained for
the period 1999-2000.

1.1 Requirement to broadcast a majority proportion of European works

1.1.1

Assessment at Community level

The first general conclusion concerns trends in the number of television channels in Europe.
As  a  preliminary  point,  the  total  number  of  channels10  of  all  types  in  Europe  (the  European  Union
Member  States  and  the  EFTA  Member  States  participating  in  the  European  Economic  Area)  was

6

7

8

9

10

This is obtained by determining the number of channels achieving or exceeding 50% and applying that figure to
the total number of channels concerned by Article 4 of the Directive in each Member State.
This  is  obtained  by  determining  the  balance  of  the  channels  showing  an  increase,  a  decrease,  or  no  change,
irrespective of the actual proportion of transmission time allocated to European works. Account was also taken of
new channels entering the national market under consideration during the reference period.
This is obtained by determining the number of channels achieving or exceeding the minimum of 10% and applying
that figure to the total number of channels concerned by Article 5 of the Directive in each Member State.
In practice, a majority of Member States have made use of this option (e.g. exclusion of studio productions in Italy,
positive definition of the works to be included in Germany, 60% requirement for transmission of European works
in France, 25% allocation to works by independent producers in the United Kingdom and the Netherlands, etc.).
This figure is based on the data published by the European Audiovisual Observatory in its 1999, 2000 and 2001
yearbooks. It includes the national channels (with terrestrial broadcasting licence), national channels (cable and/or
satellite and/or DTT, no analogue terrestrial transmission), foreign dedicated  channels  and  channels  intended  for

5

                                                                                                                                                                       
around 550 in January 1999 and 670 in January 2000. The total number of channels as at January 2001
was around 820.

The  number  of  channels  concerned  by  Articles  4  and  5  of  the  “Television  without  Frontiers”
Directive11  continued  to  increase  overall  compared  with  the  previous  period  (1997-1998)  and  within
the  reference  period  of  this  report  (1999-2000),  reflecting  the  dynamism  in  European  audiovisual
supply.  This  increase  was  considerable  in  most  European  Union  countries,  and  particularly  so  in
countries such as Spain, France, Italy, Sweden and the United Kingdom.

As  regards  methodology12,  some  Member  States  still  failed  to  provide  full  information,  particularly
with regard to cable and/or satellite television channels (which are often omitted from national reports).
The Commission would therefore point out that the obligation set out in Article 4.3 applies to each of
the  television  programmes  within  the  jurisdiction  of  the  Member  State  concerned13.  Terrestrial
television, on the other hand, is covered more or less exhaustively in the Member States' reports.

11

foreign markets. It does not, however, include non-networked regional/local broadcasts, local stations and regional
or local channels.
The reporting obligation under Article 4(3) applies to all transmissions by broadcasters within the jurisdiction of a
Member State, with the following exceptions:
(cid:1)  Articles 4 and 5 do not apply to “news, sports events, games, advertising, teletext services and teleshopping”.

(cid:1)  Article  9  provides  that  Articles  4  and  5  do  not  apply  to  “television  broadcasts  that  are  intended  for  local

audiences and do not form part of a national network”.

(cid:1) 

Recital 29 of the Directive states that  “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”.

(cid:1)  Article  2(6)  provides  that  the  Directive  does  not  apply  to  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.

In principle, therefore, the national reports do not cover:

(cid:1) 

(cid:1) 

(cid:1) 

(cid:1) 

channels  broadcasting  exclusively  "news,  sports  events,  games,  advertising, 
teleshopping”;

teletext  services  and

broadcasts “intended for local audiences” and which “do not form part of a national network”, irrespective of
the means of transmission;

channels  broadcasting  exclusively  in  a  language  which  is  not  one  of  the  official  languages  of  one  or  more
Member States;

broadcasts covered by Article 2(6), i.e. those intended exclusively for reception in third countries and which
cannot be received in a Member State.

12

13

It  is  worth  adding  that  the  nature  and  intensity  of  controls  are  often  variable  between  Member  States:  daily
monitoring of programming, statistical reports, surveys, sampling, estimates in some cases, etc. Furthermore, they
may be carried out by the  sector’s independent regulatory authority or, in some cases, directly by the competent
government department.
The second paragraph of Article 4.3 states that “[the] report shall in particular include a statistical statement on the
achievement of the proportion referred to in [Article 4] and Article 5 for each of the television programmes falling
within  the  jurisdiction  of  the  Member  State  concerned,  the  reasons,  in  each  case,  for  the  failure  to  attain  that
proportion and the measures adopted or envisaged in order to achieve it.”

6

                                                                                                                                                                       
Reference
period

Number of
channels

1991-1992

1993-1994

1995-1996

1997-1998

1999

2000

124

162

214

367

352

400

The  second  conclusion  concerns  the  average  transmission  time  reserved  for  European  works  by  the
channels with the highest viewing figures14 (cf. indicator 1):

–  the average transmission time of European works for all European channels, in all Member States,
was 60.68% in 1999 and 62.18% in 2000, representing a 1.50 point increase over the reference
period;

–  depending on the Member State in question, the average transmission time varied between 52.94%
and  71.46%15  in  1999  and  between  55.33%  and  71.18%  in  200016,  with  the  exception  of
Portugal17 (48.7% in 1999 and 49.5% in 2000) and Luxembourg (100% in 1999 and 2000);

–  the trend in the broadcasting of European works, in terms of number of channels, was upward in 12
Member States. It was stable in one Member State and (very slightly) downward in the other
two. The overall trend was therefore positive over the reference period.

The third conclusion refers to the total number  of  channels which  achieved  or exceeded  the  majority
proportion of their transmission time of European works over the reference period (cf. indicator 2):

–  the average compliance rate for all European channels in all  Member States was 68.58% in 1999
and  72.50%  in  2000,  representing  a  3.93  point  increase  over  the  reference  period.  This  is  a
particularly impressive figure given the considerable increase in the number of channels, essentially
special-interest channels, over the same period;

–  the  compliance  rates  for  all  types  of  channel  varied,  according  to  the  Member  State  under
consideration, between 55% and 100% in 1999 and between 53% and 100% in 2000, with the
exception of  Italy  which  did  not  meet  the  majority  proportion  of  transmission  time  (42%  in
1999 and 49% in 2000);

–  the  average  compliance  rate,  in  terms  of  number  of  channels  of  all  types,  rose  in  nine  Member

States, was stable in four and fell in two. The overall trend was therefore positive.

The fourth conclusion concerns the general trend, in terms in terms of number of channels of all types,
in the scheduling of European works over the reference period (cf. indicator 3).

–  The national reports revealed an upward trend  in  14  Member  States,  the  level  in  the  fifteenth
remaining stable. The general trend was therefore positive overall over the reference period.

14

15

16

17

In practice, with a few exceptions, the data on the proportion of transmission time allocated covered all channels
with over 3% of the audience share for each of the years under consideration.
One country had a slightly higher figure but has not been included here because, in the absence of full data, it did
not include all the channels concerned with an audience share of over 3% over the reference period.
One country had a slightly higher figure but has not been included here because, in the absence of full data, it did
not include all the channels concerned with an audience share of over 3% over the reference period.
Portugal,  however,  in  accordance  with  the  principle  of  progressive  achievement  of  the  target,  made  striking
progress compared with the previous period (43.4% in 1997-1998) and approached the 50% threshold in 2000.

7

                                                
In  conclusion,  these  generally  positive  results  —  most  indicators  showing  an  increase  over  the
reference period — would appear to suggest that the objectives of the “Television without Frontiers”
Directive are being achieved.
The  table  below  shows  the  situation  of  implementation  of  Article  4  of  the  Directive  across  the
Community over the period concerned.

8

EUROPEAN WORKS (ARTICLE 4 OF THE “TELEVISION WITHOUT FRONTIERS” DIRECTIVE)

Total number
of channels
concerned by Article
4
(source: Member
States’ reports)

Indicator 1

Indicator 2

Indicator 3

Average % transmission
time of European works
(channels with the
highest viewing
figures18)

Compliance rate (%
channels achieving or
exceeding the majority
proportion)

General trend in
the transmission
of European
works

MS

1999 2000

Growth

1999

2000

Growth

1999

2000

Growth

Growth
(number of channels)

A

B

DE

DK

GR

ES

F

3

17

23

5

10

40

54

IRL

4

IT

LUX

NL

P

FIN

SV

UK

38

10

18

7

4

22

97

3

18

24

7

11

45

59

4

43

11

21

9

4

25

116

Total

352

400

0

1

1

2

1

5

5

0

5

1

3

2

0

3

19

48

56.6

58.8

2.2

66.66

66.66

59.29

60.23

0.94

60.22

60.66

63

61

2.78

0.34

57

61

80

67

62.5

71.4

71.46

71.18

-0.28

100

100

52.94

58.50

5.56

67.42

69

1.58

54.17

55.33

1.16

65.9

65.98

0.08

100

100

0

68

67.6

0.40

48.7

49.5

0.8

70

63

75

42

70

61

71

78

71

75

49

91

67

78

66.25

69.5

3.25

100

100

73.83 19 74.45 20

0.62

64

68.8

4.8

57

55

58

53

0

10

1.5

-8.6

0

8

8

0

7

21

6

7

0

1

-2

965.43
5

987.12

21.685

1030.9
6

1091.1
8

60.22

EU average

60.68

62.18

1.50

68.58

72.50

3.93

positive

positive

positive

positive

positive

positive

positive

stable

positive

positive

positive

positive

positive

positive

positive

18

19

20

With certain exceptions, all channels with over 3% audience share (whole day) over each of the two years under
consideration have been included.
TV 3 AB (audience share of 10.8% in 1999 and 11.4% in 2000) and TV 5 AB /Kanal 5 (audience share of 5.9% in
1999  and  6.1%  in  2000)  were  not  included  because  there  were  no  data  for  1999  (digital  transmission  began  in
2000). In 2000, the average level for the following five channels: SVT 1, SVT 2, TV4, TV 3 AB, TV 5 AB/ Kanal
5 was 51.97% (transmission of European works).
Cf. note above.

9

                                                
1.1.2.

Assessment at national level

Austria

ORF 1 and ORF 2, which together represented an audience share of 57.5% in 1999 and 55.6% in 2000,
on average broadcast 56.6% and 58.8% of European works in 1999 and 2000 respectively, representing
an average increase of 2.2 points over the reference period.

(cid:1)  Over the entire reference period, of a total of three channels mentioned in the report, two exceeded
the majority  proportion  of  transmission  time  laid  down  in  Article  4  of  the  Directive.  Only  ORF 1
was significantly below this threshold (34% in 1999, 36.6% in 2000). The compliance rate, in terms
of number of channels, over the whole period was therefore 66.66%.

The reasons for the case of non-compliance were  given in the report. Main points  made were that
the  proportion  of  European  works  broadcast  was  increasing,  German  productions  were  becoming
more  popular  (particularly  television  films).  The  report  underlined  the  parallel  increase  in
transmission of European works on ORF 2 which belongs to the same broadcasting organisation. No
particular measure had been taken or was envisaged to rectify the situation.

The Commission observes that Austria is in the specific situation of a country with low audiovisual
production capacity. However, in the case of ORF 1, it would point out that one of the reasons for
the  proportion  defined  in  Article  4.1,  which  applies  each  year,  is  to  ensure  equal  competition
between  all  television  programmes  of  broadcasters  falling  within  the  jurisdiction  of  the  Member
State concerned21.

(cid:1)  Of  the  three  channels  mentioned  in  the  report,  two  were  increasing  the  proportion  of  their
transmission  time  allocated  to  European  works  and  one  was  decreasing  it.  The  general  trend,  in
terms of number of channels of all types, was an overall increase in scheduling of European works
over the reference period.

Belgium22

French Community

The channels RTBF 1, RTBF 2, RTL-Tvi and Club, which together represented an audience share23 of
43.4%  in  1999  and  44.8%  in  2000,  broadcast  an  average  of  66.83%  and  67.20%  European  works  in
1999 and 2000 respectively, representing an average increase of 0.38 points over the reference period.

21

22

23

Cf.  the  second  paragraph  of  Article  4.3  of  the  Directive  and  point  2.2  of  the  suggested  guidelines  for  the
monitoring  of  the  implementation  of  Articles  4  and  5  of  the  “Television  without  Frontiers”  Directive,  dated
11 June 1999.
Because two separate reports were sent in, a distinction has been made in the assessment between the channels of
the  French  Community  and  those  of  the  Flemish  Community.  The  figures  were  aggregated  for  the  Community-
level  assessment  (cf.  above).  The  Commission  would  also  point  out  that  channels  RTL  TVi  and  Club  RTL  are
identical to those broadcast by CLT S.A. in Luxembourg. This being the case, they are included in the reports of
both  these  countries.  The  same  applies  to  Liberty  TV,  which  is  included  in  both  the  Belgian  and  Luxembourg
reports.
Notable is the high penetration of the French channels TF1, France 2 and France 3, which represented an audience
share of over 30% over the reference period.

10

                                                
(cid:1)  In  1999,  of  a  total  of  eight  channels  covered  by  Article  4  of  the  Directive24,  four  exceeded  the
majority proportion of transmission time laid down in that Article. RTL-TVI was the only channel
to remain slightly below this threshold (49.1%). No figures were supplied for three channels25. The
compliance rate in terms of number of channels was therefore 50%.

For  2000,  of  a  total  of  eight  channels  covered  by  Article  4  of  the  Directive,  five  exceeded  the
majority proportion of transmission time laid down in that Article. No data were provided for three
channels26. The compliance rate in terms of number of channels was therefore 62.5%.

The case of RTL-Tvi aside, there was, according to the report, no need for any particular measures.
Concerning the two variants of the basic Canal + programme, the report indicated that a sampling-
based system for measuring programme transmission would be put in place in 2002.

The Commission would point out that the proportion defined in Article 4.1 applies, for each year, to
each of the television programmes falling within the jurisdiction of the Member State concerned. All
these  programmes  must  supply  data  providing  an  appropriate  basis  for  measuring  the  extent  to
which the proportions provided for by Article 4 of the Directive are progressively being achieved27.
(cid:1)  Of the five channels for which full data were supplied for the reference period, two were increasing
the proportion of their transmission time allocated to European works,  and three were  reducing it.
The  general  trend,  in  terms  of  number  of  channels  of  all  types,  in  the  programming  of  European
works over the reference period was therefore downward overall.

Flemish Community

(cid:1)  The  channels  VRT  TV1,  VRT  Canvas/  Ketnet,  VMM-VTM,  VMM-Kanaal  2,  which  together
accounted  for  an  audience  share  of  63.7%  in  1999  and  66.1%  in  2000,  broadcast  an  average  of
51.75% and 53.25% of European works in 1999 and 2000 respectively, representing an average 1.5
point increase over the reference period.

(cid:1)  For 1999, of a total of nine channels mentioned in the report, four exceeded the majority proportion
of transmission time laid down in Article 4 of the Directive, while five  were well  below  it. These
were Kanaal 2 (25%) and the special-interest channels of the Canal + group, which had a proportion
of 20% or lower (Canal+ grijs, Canal+ blauw, Canal+ geel, Canal+ 16/9). The compliance rate, in
terms of number of channels, was 44%.

For 2000, of a total of ten channels mentioned in the report, 5 exceeded the majority proportion of
transmission time laid down in Article 4 of the Directive, while four were well below it. These were:
Kanaal 2 (30%) and the special-interest channels of the Canal + group, which ranged from 27% to
42% (Canal+ grijs, Canal+ blauw, Canal+ 16/9). Canal + geel provided no data28. The compliance

24

25

26

27

28

The  channels  HSE,  devoted  exclusively  to  teleshopping,  and  Canal  Z,  devoted  exclusively  to  economic  and
financial news, were not included.
In addition to Liberty TV, for which there were no data, the report indicated that two further Canal + channels were
not mentioned (lack of data).
In addition to Liberty TV, for which there were no data, the report indicated that two further Canal + channels were
not mentioned (lack of data).
Cf. second paragraph of Article 4.3 of the Directive and point 2.2 of the suggested guidelines for the monitoring of
the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive, dated 11 June 1999.
According to the report, this channel was replaced by Canal+ 16/9 as from 5 December 1999.

11

                                                
rate in terms of number of channels was 50%.

The reasons for the cases of non-compliance were stated. In the case of Kanaal 2, the report cited the
increase  in  the  proportion  of  European  works  and  the  fact  that  the  channels  of  the  VMM
broadcasting organisation taken together exceeded the majority proportion of transmission time laid
down  in  Article  4  of  the  Directive.  In  the  case  of  the  Canal  +  group's  channels,  the  reason  was
essentially the special-interest nature of their programmes (films).

Concerning  Kanaal  2,  the  Commission  would  point  out  that  the  proportion  laid  down  in  Article  4.1
applies to all television programmes of a broadcaster falling within the jurisdiction of the Member State
concerned. Finally,  in  general  terms,  the  Commission  notes  the  progress  achieved  over  the  reference
period by all the channels below the target, in line with the principle of progressive improvement.

(cid:1)  Of the eight channels for which full data were supplied, seven had increased the proportion of their
transmission  time  allocated  to  European  works  and  one  was  stable  (at  100%)  over  the  reference
period. The trend, in terms of number of channels of all types, in the scheduling of European works
was therefore upward overall over the reference period.

German-speaking Community no report was received from the Belgian authorities.

Germany

(cid:1)  ARD, ZDF, Kabel 1, ProSieben, RTL, RTL 2, SAT 1, which together represented an audience share
of 83.40% in 1999 and 83.3% in 2000 broadcast  on  average  60.22%  and  63% European works in
1999 and 2000 respectively, representing an average 2.78 point increase over the reference period.

(cid:1)  For 1999, of a total of 23 channels mentioned in the report29, 14 exceeded the majority proportion of
transmission time laid down in Article 4 of the Directive, seven were below it and two (albeit news
channels)  supplied  no  data30.  The  compliance  rate  in  terms  of  number  of  channels  was  61%.  For
2000,  of  a  total  of  24  channels  mentioned  in  the  report,  15  exceeded  the  majority  proportion  of
transmission  time  laid  down  in  Article  4  of  the  Directive,  seven  were  below  it  and  no  data  were
provided for two31. The compliance rate, in terms of number of channels of all types, was 62.5%.

The seven channels which were below the target for the whole of the reference period were: Kabel 1
(25.4% in 1999, 27.90% in 2000), ProSieben (46,20% in 1999, 46 in 2000), RTL 2 (36% in 1999,
46% in 2000), Super RTL (33,70% in 1999, 38.20% in 2000), 13 TH Street (20% in 1999, 17% in
2000), Première (35% in 1999, 33.1% in 2000), Studio Universal (30% in 1999, 35% in 2000).

The  reasons  for  the  cases  of  non-compliance  were  stated.  These  included,  depending  on  the  case:
recency  of  the  channel,  its  means  of  operation  (pay  TV),  the  special-interest  nature  of  the
programmes,  or  the  channel's  structure.  Concerning  remedial  measures  adopted  or  envisaged,  the
report made reference to ongoing dialogue with the various broadcasters.

29

30

31

In contrast to the preceding report (1997-1998 period), Deusche Welle TV was not mentioned.
These were channels N-TV and VH 1.
These were channels N-TV and VH 1.

12

                                                
The Commission notes in particular the recurring difficulties of the three channels with an audience
share of over 3%: Kabel 1, ProSieben and RTL 2. However, the two latter channels were very close
to achieving the target in 2000.

(cid:1)  Of  the  21  channels  for  which  complete  data  were  provided,  11  increased  the  proportion  of  their
transmission  time  allocated  to  European  works,  four  were  stable  and  six  reduced  it  over  the
reference period. The general trend, in terms of number of channels of all types, in the scheduling of
European works over the reference period, was therefore upward overall.

Denmark

(cid:1)  The channels DR 1, TV2 and TV Danmark, which together represented an audience share of 71.9%
in 1999 and 72% in 2000, broadcast an average of 60.66% and 61% European works for 1999 and
2000 respectively, representing a 0.34 point increase over the reference period.

(cid:1)  For 1999, of a total of five channels mentioned in the report, four exceeded the majority proportion
of  transmission  time  laid  down  in  Article  4  of  the  Directive.  Only  TV  Danmark  was  below  this
threshold (36%). The compliance rate, in terms of number of channels, was 80%.

For 2000, of a total of seven channels mentioned in the report, five exceeded the majority proportion
of transmission time laid down in Article 4 of the Directive, while two — TV Danmark (42%) and
TV 2 Zulu (41% in 2000) — were below it. The compliance rate, in terms of number of channels,
was 71.40%.

The  report  gave  the  reasons  for  the  cases  of  non-compliance.  TV  Danmark  has  recorded  constant
growth since 1997 and, according to the estimates submitted, further growth is likely in 2001. TV 2
Zulu, on the other hand, is a recent channel which only began broadcasting on 15 October 2000.

The  Commission  observes  that  Denmark  is  in  the  specific  situation  of  a  country  with  low
audiovisual production capacity and restricted language area, and notes the progress made over the
reference period, in accordance with the principle of progressive improvement.

(cid:1)  Of  the  five  channels  with  complete  data,  two  increased  the  proportion  of  their  transmission  time
allocated to European works, one remained stable (at 100%), and two showed a reduction over the
reference period. To this should be added the results of two new entrants to the market which devote
a  large  part  of  their  broadcasting  schedule  to  this  type  of  work.  The  general  trend,  in  terms  of
number of channels of all types, in the scheduling of European works over the reference period, was
therefore upward overall.

Greece

(cid:1)  The  channels  ET  1,  NET,  ALPHA,  ANTENNA,  STAR  and  MEGA  CHANNEL,  together
representing  an  audience  share  of  83.4%  in  1999  and  83.7%  in  2000,  broadcast  an  average  of
71.46% and 71.18% European works in 1999 and 2000 respectively, representing a slight 0.28 point
drop over the reference period.

13

(cid:1)  The  Commission  observes  that  all  the  channels  mentioned  in  the  report  exceeded  the  majority
proportion  of  transmission  time  laid  down  in  Article  4  of  the  Directive  over  the  entire  reference
period (with levels varying between 51.9% and 96.04%). The compliance rate, in terms of number
of channels of all types, was 100%.

(cid:1)  Of the ten channels for which complete data were available, eight increased the proportion of their
transmission time allocated to European works and two reduced it over the reference period. To this
should be added the new channel TEMPO, which devotes over 50% of its broadcasting schedule to
European works. The general trend, in terms of number of channels of all types, in the scheduling of
European works was upward overall over the reference period.

Spain

(cid:1)  The channels TVE 1, TVE 1/ La 2, Telecinco and Antena 3, together representing an audience share
of 76.8% in 1999 and 76.2% in 2000, broadcast an average of 52.94% and 58.50% European works
in  1999  and  2000  respectively,  representing  an  average  5.56  point  increase  over  the  reference
period.

(cid:1)  For 1999, of a total of 40 channels mentioned in the report, 28 exceeded the majority proportion of
transmission  time  laid  down  in  Article  4  of  the  Directive,  and  12  were  below  it.  These  were  the
terrestrial  channel  Telecinco  (45.40%)  and  the  following  satellite  channels:  TCM  (20%),  AXN
(22.5%),  Alucine  (37.45%),  Fox  kids  (38.70%),  Cinemania  (30.9%),  Disney  Channel  (18.61%),
Nichelodeon (2.10%), Calle 13 (10.6%), Gran Via (25.55%), Gran Via 2 (25.85%) and Gran Via 3
(35.33%). The compliance rate, in terms of number of channels of all types, was 70%.

For 2000, of a total of 45 channels mentioned in the report, 35 exceeded the majority proportion of
transmission time laid down in Article 4 of the Directive, while 10 were below it. The ten concerned
were the satellite channels TCM (30.66%), AXN (27.70%), Alucine (32.04%), Fox kids (44.90%),
Cinemania  (37.70%),  Disney  Channel  (24.53%),  Nichelodeon  (19.80%),  Calle  13  (16.89%),  Gran
Via (40.06%) and Studio Universal (9.13%). The compliance rate, in terms of number of channels of
all types, was 78%.

The report indicated the reasons for the cases of non-compliance. With the exception of Telecinco,
which rectified the situation in 2000, these  were digital satellite channels  concentrating mainly on
special-interest programmes. Spanish legislation has established two transitional provisions for this
type of channel: the possibility of reserving 40% of air time for European works in the first year of
broadcasting, and the counting of pay channels offered to subscribers in one inseparable bundle as
one channel. One measure envisaged by the competent authorities is to issue a formal request to the
operators concerned to rectify the situation.

The Commission notes the progress achieved by most of these channels over the reference period, in
accordance with the principle of progressive improvement.

(cid:1)  Of  the  40  channels  for  which  full  data  are  available  for  the  reference  period,  24  increased  the
proportion  of  their  transmission  time  allocated  to  European  works,  two  showed  no  change
(maintaining the 100% maximum) and 14 showed a reduction. Mention should be made of the five
new  entrants  to  the  market,  four  of  which  devote  the  majority  of  their  broadcasting  schedule  to
European  works.  In  terms  of  the  number  of  channels  of  all  types,  scheduling  of  European  works
showed a general upward trend over the reference period.

14

France

(cid:1)  The channels TF1, France 2, France 3, M6  et Canal +, together representing  an  audience share of
91.8%  in  1999  and  89.1%  in  2000,  broadcast  an  average  of  67.42%  and  69%  European  works  in
1999 and 2000 respectively, representing an average 1.58 point increase over the reference period.

(cid:1)  For 1999, of a total of 54 channels mentioned in the report, 34 exceeded the majority proportion of
transmission time laid down in Article 4 of the Directive, while for 10 no data were available. The
ten channels failing to meet the target were: AB1 (25%), Action (20%), Cinéfaz (24%), Cinéstar 1
(45%),  Cinéstar  2  (43%),  Cinétoile  (48%),  Histoire  (40%),  Kiosque  (32%),  Mangas  (33%)  and
13ème Rue (17%). The compliance rate, in terms of number of channels of all types, was 63%.

For 2000, of a total of 59 channels mentioned in the report, 42 exceeded the majority proportion of
transmission time laid down in Article 4 of the Directive. No data were available for 5 channels. The
12 (cable) channels which failed to meet the target were: AB1 (30%), Action (23%), Mangas (34%),
CinéCinema  1  2  3  (48%),  Canal  Jimmy  (43%),  Cinéfaz  (45%),  Cinéstar  2  (49%),  Multivision
(44%), Odyssée (46%), Polar (43%), RFM TV (43%) and 13ème Rue (34%). The compliance rate,
in terms of number of channels of all types, was 71%.

The report indicated the reasons for the cases of non-compliance: dedicated (cinema) and/or recent
nature  of  the  channel,  type  of  operation  (pay-per-view).  The  Commission  observes  that  measures
had  been  taken  or  were  envisaged  by  the  competent  authority  for  all  cases  of  non-compliance:
formal demand for the broadcasters to comply, penalty procedures including financial penalties.

(cid:1)  Of  the  42  channels  for  which  full  data  were  available  for  the  reference  period,  29  increased  the
proportion of their transmission time allocated to European works, two showed no change and 11 a
reduction. Again, account should be taken of the new entrants to the market: four of these five new
channels gave over a majority of their broadcasting schedule to European works. In terms of number
of channels of all types, there was a general upward trend in the scheduling of European works over
the reference period.

Ireland

(cid:1)  The channels RTE 1, Network 2 and TV3 which together accounted for an audience share of 54.4%
in 1999 and 2000, broadcast an average of 54.17% and 55.33% European works in 1999 and 2000
respectively, representing an average increase of 1.17 points over the reference period.

(cid:1)  Over  the  reference  period,  of  a  total  of  four  channels  mentioned  in  the  report,  three  exceeded  the
majority proportion of transmission time laid down in Article 4 of the Directive. Only TV 3 was —
very slightly — below  this  limit  (49.5% in 1999, 49% in  2000). The compliance rate, in terms of
number of channels, was 75%.

The reasons for the case of non-compliance were not given in the report and no corrective measures
taken or envisaged were mentioned. However, the Commission observes that the operator concerned
was  very  close  to  the  majority  proportion  of  transmission  time  over  the  whole  of  the  reference
period  and  that  Ireland  is  in  the  specific  situation  of  a  country  with  low  audiovisual  production

15

capacity  and/or  restricted language  area.  In  view of the  requirement  for  progressive  improvement,
efforts to increase this proportion should be pursued.

(cid:1)  Of the four channels mentioned in the report, two increased the proportion of their transmission time
allocated to European works and the other two reduced it. The general trend, in terms of number of
channels, was therefore stable over the reference period.

Italy
(cid:1)  The  channels  Rai  Uno,  Rai  Due,  Rai  Tre,  Canale  5,  Italia  Uno  and  Retequattro,  which  together
accounted  for  an  audience  share  of  90.2%  in  1999  and  90.7%  in  2000,  broadcast  an  average  of
65.90%  and  65.98%  European  works  in  1999  and  2000  respectively,  representing  a  very  slight
increase (0.09 points) over the reference period.

(cid:1)  For 1999, of a total of 38 channels covered by Article 4 of the Directive32, 16 exceeded the majority
proportion  of  transmission  time  laid  down  in  that  Article.  No  figures  were  available  for  nine
channels. 13 failed to meet the majority proportion of transmission time . These were the terrestrial
channels Italia Uno (41.25%), Tele + Nero (34.77%), Tele + Bianco (38.67%), TMC/ La 7 (43.86%)
and  the  satellite  channels  Coming  Soon  Television  (8.5%),  Disney  Channel  (20%),  Cineclassics
(47%), Stream verde (0%), Tele + Grigio (48.82%), Tele + 16/9 (46.13%), Tele + Nero (34.77%),
Palco (45.91%) and Tele + Bianco (38.67%). The compliance rate, in terms of number of channels
of all types, was 42%.

For 2000, of a total of 43 channels covered by Article 4 of the Directive 33, 21 exceeded the majority
proportion  of  transmission  time  laid  down  in  that  Article.  No  figures  were  available  for  nine
channels. 13 channels failed to meet the majority proportion of transmission time . These were the
terrestrial  channels  Italia  Uno  (39.66%),  Tele  +  Nero  (38.87%),  Tele  +  Bianco  (41.77%),  and  the
following  satellite  channels:  Coming  Soon  Television  (8.5%),  Disney  Channel  (28%),  Fox  Kids
(36%), Duel (12%),  Comedy  Life  (25%),  Stream  verde  (0%),  Tele  +  16/9  (41.18%),  Tele  +  Nero
(38.87%),  Palco  (42.74%),  Tele  +  Bianco  (41.77%).  The  compliance  rate,  in  terms  of  number  of
channels of all types, was 49%.

The reasons for cases of non-compliance were given in the report. For the terrestrial channels, for
example, it was pointed out in the case of Italia Uno and TMC/la 7 that the group's channels taken
together34 do in fact meet the majority proportion of transmission time laid down in Article 4 of the
Directive. In the case of Tele + Nero and Tele + Bianco, which are transmitted both terrestrially and
by satellite, the report states that the same method is used, but that these channels nevertheless failed
to meet the minimum proportion of transmission time . No particular measure has been taken or is
envisaged to rectify the situation, particularly with regard to the terrestrial broadcasters.

32

33

34

No  account  was  taken  of  channels  broadcasting  exclusively  “news,  sports  events,  teleshopping”  or  those
broadcasting exclusively in a language which was not an official language of one or more Member States of the
European Union, which accounted for a total of 22 channels.
No  account  was  taken  of  channels  broadcasting  exclusively  “news,  sports  events,  teleshopping”  or  those
broadcasting exclusively in a language which was not an official language of one or more Member States of the
European Union, which accounted for a total of 22 channels.
The report explains that, under Italian law supplemented by a decision by the competent authority (Autorita per le
Garanzzie nelle Commnicazioni), where several channels belong to or are controlled by a single operator, the quota
is determined on the basis of the channels’ overall schedules, with a minimum of 20% for each.

16

                                                
The  reasons  for  non-compliance  in  the  case  of  the  remainder  of  the  satellite  channels  were  also
specified  in  the  report35.  These  were  the  special-interest  and/or  recent  nature  of  the  channel,
channels  which  were  subsidiaries  of  non-EU  companies  and  essentially  broadcast  their  own
catalogue material, or the programming method (near-video-on-demand).

The  Commission  observes  that  the  compliance  rate,  in  terms  of  number  of  channels  of  all  types,
over  the  reference  period  was  relatively  low  but  increasing.  In  the  case  of  Italia  Uno36,  TMC/  la
“7”37, Tele + Nero, Tele + Bianco and the satellite channels, the Commission would point out that
the majority proportion of transmission time laid down in Article 4.1 applies each year with a view
in particular to ensuring equal competition for all the television programmes of broadcasters falling
within the jurisdiction of the Member State concerned38.

(cid:1)  Of  the  28  channels  for  which  data  for  the  reference  period  were  available,  20  increased  the
proportion  of  their  transmission  time  allocated  to  European  works,  one  channel  remained  at  zero,
and seven registered a reduction. The general trend, in terms of number of channels of all types, in
the scheduling of European works over the reference period, was therefore upward overall.

Luxembourg39

(cid:1)  RTL  Télé  Lëtzebuerg,  which  represented  an  audience  share  of  58.6%40  in  1999-2000,  broadcast
100%  European  works  in  1999  and  2000,  the  situation  therefore  showing  no  change  over  the
reference period.

(cid:1)  For 1999, of a total of ten channels mentioned in the report, seven exceeded the majority proportion
of transmission time laid down in Article 4 of the Directive, representing a compliance rate of 70%
in terms of number of channels. The three channels failing to meet this proportion of transmission
time  were:  RTL  9  (40.50%),  RTL  Tvi  (49.10%)  and  RTL  5  (46%).  For  2000,  of  a  total  of  11
channels  mentioned  in  the  report,  ten  exceeded  the  majority  proportion  of  transmission  time  laid
down in Article  4  of the Directive,  only RTL 4  showing a slight  shortfall (49%). The  compliance
rate, in terms of number of channels, was 91%.

The  reasons  for  the  cases  of  non-compliance  were  given  in  the  report:  thematic  focus  (RTL  5  in
1999), economic restructuring (RTL 9). The report also emphasised that the pairs of channels (RTL
4  together  with  RTL  5  and  Tvi  Club  together  with  Club  RTL)  met  the  minimum  proportion  of
transmission time overall  for  the  period  1999-2000.  No  particular  measure  has  been  adopted  or  is
envisaged by the competent authorities.

The Commission would point out that the proportion of transmission time defined in Article 4.1 of

35

36

37

38

39

40

The data, obtained on the basis of self-certification by the broadcasters, and the reasons put forward, are currently
being assessed.
This channel had an audience share of over 11%.
As from 2000, TMC/La 7 did in fact meet the minimum quota (57.83%).
Cf. second paragraph of Article 4.3 of the Directive and point 2.2 of the suggested guidelines for the monitoring of
the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive, dated 11 June 1999.
The Commission would point out that channels RTL TVi and Club RTL are those identical broadcast by CLT S.A.
in  Luxembourg.  They  are  therefore  included  in  the  reports  of  both  countries.  The  same  applies  to  Liberty  TV,
which is included in both the Belgian and Luxembourg reports.
This refers to the prime time audience share (the rate drops to 14.3% for the day overall).

17

                                                
the  “Television  without  Frontiers”  Directive  applies  to  each  of  the  television  programmes  of
broadcasters  falling  within  the  jurisdiction  of  the  Member  State  concerned41  for  each  year  under
consideration.  It  also  observes  that,  in  accordance  with  the  principle  of  progressive  improvement,
there  was  a  clear  improvement  over  the  reference  period  resulting  in  a  positive  situation  in  2000
(only one operator was slightly below the minimum proportion of transmission time ).

(cid:1)  Of the eight channels for which full data were available for the reference period, three increased the
proportion of their transmission time allocated to European works, three were stable (two at 100%)
and two showed a decrease. The general trend, in terms of number of channels of all types, in the
scheduling of European works over the reference period, was upward overall.

Netherlands

(cid:1)  The channels Ned 1,  Ned  2/  TV  2,  Ned  3,  Veronica  and  SBS  6,  which  together  accounted  for  an
audience  share  of  53.1%  in  1999  and  52.7%  in  2000  broadcast  an  average  of  68%  and  67.6%  of
European  works  in  1999  and  2000  respectively,  representing  a  slight  drop  (0.4  points)  over  the
reference period.

For  1999,  of  a  total  of  18  channels  mentioned  in  the  report,  11  exceeded  the  majority  proportion  of
transmission time laid down in Article 4 of the Directive, and no data were available in the case of one
channel. The six which failed to meet the proportion of transmission time were: SBS 6 (46%), Film 1
(44%),  Net  5  (40%),  Veronica  (49%),  Canal  +  1  (24%),  Canal  +  2  (17%).  The  compliance  rate,  in
terms of number of channels, was 61%.

For  2000,  of  a  total  of  21  channels  mentioned  in  the  report,  14  exceeded  the  majority  proportion  of
transmission time laid down in Article 4 of the Directive, and no data were available in the case of one
channel.  The  seven  channels  failing  to  meet  the  proportion  of  transmission  time  were:  Net  5  (49%),
Veronica (45%), Canal + 1 (23%), Canal + 2 (26%), Film 1 (49%), Innergy (39%), FilmTime (17%).
The compliance rate, in terms of number of channels of all types, was 67%.

The reasons for the cases of non-compliance were specified in the report: special interest and/or recent
nature of the channel, insufficient European works available (lifestyle channel, temporary derogation).
The  Commission  welcomes  the  adoption  by  the  Dutch  Media  Authority  of  guidelines  to  facilitate
controls, which entered into force on 1 January 2002.

(cid:1)  Of  the  16  channels  for  which  full  data  were  available  for  the  reference  period,  nine  increased  the
proportion of their transmission time allocated to European works, two showed no change and five
registered  a  reduction.  There  were  three  new  market  entrants,  who  varied  in  the  proportion  of
European works in  their broadcasting schedule (ranging  from 17%  to 76%).  The  general  trend,  in
terms of number of  channels of  all types, in the  scheduling of European  works over the reference
period, was therefore upward overall.

41

Cf. second paragraph of Article 4.3 of the Directive and point 2.2 of the suggested guidelines for the monitoring of
the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive, dated 11 June 1999.

18

                                                
Portugal

(cid:1)  The channels RTP 1, RTP 2, SIC and TVI, which together accounted for an audience share of 94.4%
in 1999 and 92.9% in 2000, broadcast an average of 48.7% and 49.5% European works in 1999 and
2000 respectively, representing an average 0.8 point increase over the reference period.

(cid:1)  For  1999,  of  a  total  of  seven  channels  mentioned  in  the  report42,  five  exceeded  the  majority
proportion  of  transmission  time  laid  down  in  Article  4  of  the  Directive.  The  two  channels  which
failed to meet the proportion of transmission time were: SIC (44.8%), TVI (30.5%). The compliance
rate, in terms of number of channels, was 71%.

For  2000,  of  a  total  of  nine  channels  mentioned  in  the  report43,  seven  exceeded  the  majority
proportion  of  transmission  time  laid  down  in  Article  4  of  the  Directive.  The  two  channels  which
failed to meet the proportion of transmission time were the same as for 1999, i.e. SIC (34.8%) and
TVI (36.5%). The compliance rate, in terms of number of channels, was 78%.

The reasons for the two cases of non-compliance were given in the report. The competent authorities
acknowledged that SIC had not met the objective but observed that the proportions achieved were
close  to  the  minimum  proportion  of  transmission  time  ,  and  that  the  proportion  for  the  groups
channels taken together was around 70%. In the case of TVI, the most recent operator to penetrate
the  Portuguese  market,  they  pointed  out  that  there  had  been  steady  progress  and  referred  to  the
specific characteristics of the Portuguese market (production, advertising, etc.).

As far as measures were concerned, the report stated that the competent authorities had drawn the
attention  of  the  operators  concerned,  in  particular  TVI,  to  the  situation  in  the  course  of  regular
dialogue but did not intend to take action in view of the considerable progress made.

The Commission observes that Portugal is in the specific situation of a country with low audiovisual
production capacity and/or restricted language area and that, in overall terms, considerable progress
has been made compared with the previous reference period44. It also observes, however, that there
has been a sharp deterioration over the current reference period in the proportion scheduled by SIC,
which has a dominant audience share on the Portuguese market (over 44%). In this regard, it would
point out that the proportion of transmission time laid down in Article 4.1 applies each year to all the
television programmes of broadcasters within the jurisdiction of the Member State concerned, with a
view, in particular, to ensuring equal competition45.

(cid:1)  Of the seven channels for which full data were available for the reference period, three increased the
proportion of their transmission time allocated to European works, while four reduced it. However,
two  new  special-interest  channels  devoting  the  essential  part  of  their  broadcasting  schedule  to
European works entered the Portuguese market in 2000 (levels ranging from 77.1% to 98.2%). The
general trend, in terms of number of channels of all types, in the scheduling of European works over
the reference period, was therefore upward overall.

42

43

44

45

The report included the sports channel Sport TV Portugal.
Cf. note above.
The channels  with the largest audience share broadcast 43.4%  European  works  for  the  period  1997-1998. These
figures showed a clear improvement in 1999 and 2000, with 48.7% and 49.5% respectively.
Cf. second paragraph of Article 4.3 of the Directive and point 2.2 of the suggested guidelines for the monitoring of
the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive, dated 11 June 1999.

19

                                                
Finland

(cid:1)  The channels TV 1, TV 2, MTV 3 and Nelonen, which together accounted for an audience share of
95%  in  1999  and  94.2%  in  2000,  broadcast  an  average  of  66.25%  and  69.5%  European  works  in
1999 and 2000 respectively, representing an average 3.25 point increase over the reference period.

(cid:1)  Over  the  reference  period,  all  four  channels  referred  to  in  the  report  exceeded  the  majority
proportion of transmission time laid down in Article 4 of the Directive (proportions varying between
52%  and  86%  in  1999  and  53%  and  85%  in  2000).  The  compliance  rate,  in  terms  of  number  of
channels, was 100%.

(cid:1)  Of  the  four  channels  referred  to  in  the  report,  three  increased  the  proportion  of  their  transmission
time allocated to European works and one showed a very slight reduction (1%). The general trend,
in terms of number of channels of all types, in the scheduling of European works over the reference
period, was therefore upward overall.

Sweden

(cid:1)  The channels SVT 1, SVT 2 and TV 4, which together accounted for an audience share46 of 74.2%
in 1999 and 71.9% in 2000, broadcast an average of 73.83% and 74.45% of European works in 1999
and 2000 respectively, representing an average 0.62 point increase over the reference period.

(cid:1)  For  1999,  of  the  21  channels  referred  to  in  the  report47,  12  exceeded  the  majority  proportion  of
transmission  time  laid  down  in  Article  4  of  the  Directive.  The  nine  which  failed  to  meet  this
proportion of transmission time were: TV 1000 (26%), Cinema (25%), « 6 » (42%), Canal + (23%),
Canal  +  Gul  (25%),  Canal  +  Bla  (20%),  Kiosk  (12%),  CineCinemas  (5.75%)  and  NollEttan
Television (47%). The compliance rate, in terms of number of channels of all types, was 57%.

For 2000, of a total of 26 channels mentioned in the report48, 15 exceeded the majority proportion of
transmission time laid down in Article 4 of the Directive, and for one channel no data was supplied.
The ten channels failing to meet the proportion of transmission  time  were:  TV  3  AB  (17%),  TV5
AB  (19.5%),  TV  1000  (24%),  Cinema  (23%),  Z  TV  (19%),  Canal  +  (32%),  Canal  +  Gul  (36%),
Canal + Bla (36%), Kiosk (14.1%) and CineCinemas (23%). Of particular note is that channels “6”
(50%)  and  NollEttan  Television  (100%)  are  now  meeting  the  majority  proportion  of  transmission
time laid down in Article 4 of the Directive. The compliance rate, in terms of number of channels of
all types, was 58%.

The reasons for the cases of non-compliance were given in the report and comprised the recency of
the  channel,  the  special-interest  nature  (film)  of  some  channels  and/  their  operating  method  (pay
TV),  the  shortage  of  good  quality  European  films  or  the  competitive  price  of  USA  productions
compared with Swedish and European productions.

The  Commission  acknowledges  that  measures  have  been  taken  or  are  envisaged  for  the  cases  of

46

47

48

This  did  not  include  TV  3  AB  (audience  share  of  10.8%  in  1999  and  11.4%  in  2000)  and  TV  5  AB/Kanal  5
(audience  share  of  5.9%  in  1999  and  6.1%  in  2000)  because  of  the  absence  of  data  for  1999  (began  digital
transmission in 2000). In 2000, the average level for the five channels: SVT 1, SVT 2, TV4, TV 3 AB, TV 5 AB/
Kanal 5 was 51.97% (European works broadcast).
The following must be considered exempt: SVT 24, ViaSat Sport, DTU TV, TV Butiken.
The following must be considered exempt: SVT 24, ViaSat Sport, DTU TV, TV Butiken.

20

                                                
non-compliance (request for increased buying of European programmes and seeking out European
films of good quality). In the case of channels TV 3 AB and TV 5 AB/ Kanal 5, which have a large
audience  share,  the  Commission  would  point  out  in  respect  of  1999  that  there  is  an  obligation  to
provide  the  data  on  application  of  Article  4  of  the  Directive,  irrespective  of  the  means  of
transmission of the channels concerned (analogue and/or digital).

(cid:1)  Of the 20 channels for which complete data were available for the reference period, 12 increased the
proportion of their transmission time allocated to European works, five showed no change and three
a  reduction.  The  general  trend,  in  terms  of  number  of  channels  of  all  types,  in  the  scheduling  of
European works over the reference period, was therefore upward overall.

United Kingdom

(cid:1)  The channels BBC 1, BBC 2, ITV, Channel 4 and Channel 5, which together accounted for a market
share  of  86.1%  in  1999  and  83.5%  in  2000,  broadcast  an  average  of  64%  and  68.8%  European
works in 1999 and 2000 respectively, representing an average 4.8 point increase over the reference
period.

For 1999, of a total of 97 channels covered by Article 4 of the Directive49, 53 exceeded the majority
proportion  of  transmission  time  laid  down  in  that  Article50.  The  compliance  rate  for  channels  of  all
types was 55%.

The  following  44  channels  failed  to  meet  the  proportion  of  transmission  time  :  3+  Denmark  (18%),
Adult Channel (48%), Animal Planet (40%), Bravo (18%), Disney Channel UK (4 channels: 27%), Fox
Kids  UK  (27%),  Fox  Kids  Scandinavia  (20%),  Front  Row51  (35%),  God  Channel  (35%),  History
Channel (26%), Inspiration network (30%), Kanal 5 (22%), Living (37%), National Geographic (9%),
Nichelodeon  (29%),  Nichelodeon  Nordic  (8%),  Paramount  Comedy  Channel  (23%),  Play  Boy  TV
(15%), Revival Channel (16%), Sci-Fi Channel (11%), Sky Cinema (13%), Sky Movie Max (7%), Sky
One  (46%),  Sky  Premier  (8%),  Studio  Universal  (46%),  TCC  Nordic  (27%),  Television  X  (33%),
Turner  Cartoon  Network  (28%),  Carton  Network  (Dutch  Language)  (22%),  Carton  Network  (Italian
Language) (20%), Carton Network (Spanish Language) (12%), Carton Network (Nordic) (15%), TNT
Classical  Movies  (11%),  TCM  (40%),  TCM  (Spanish  language)  (40%),  TCM  (French  language)
(40%), Trouble (20%), TV3 Denmark (22%), TV3 Norway (15%), TV3 Sweden (22%), VT4 (15%).

For 2000, of a total of 116 channels concerned by Article 4 of the Directive52, 62 exceeded the majority
proportion of transmission time laid down in Article 4 of the Directive. No data were available for two
channels. The compliance rate for channels of all types was 53%.

The  following  52  channels  failed  to  meet  the  proportion  of  transmission  time  :  3+  Denmark  (10%),
Biography  Channel  (5%),  Bravo  (15%),  Channel  Health  (35%),  Discovery  Health  (44%),  Discovery
Kids (48%), Disney Channel UK (4 channels: 31%), Film Four (44%), Fox Kids UK (38%), Fox Kids

49

50

51

52

This does not include those exempted (51 channels) or which were non-operational over the period concerned.
The report included the following six news and sports events channels: BBC News 24, Sky News, Sky Sports 1,
Sky Sports 2, Sky Sports 3, Sky Sports extra.
Without the Barker Channel.
This does not include the exempted channels (51 channels) or those  which  were non-operational over the period
concerned.

21

                                                
Scandinavia  (36%),  Front  Row  (with  the  Barker  Channel)  (48%),  Front  Row  (without  the  Barker
Channel)  (37%),  God  Channel  (36%),  History  Channel  (21%),  Inspiration  network  (40%),  Kanal  5
(20%),  Living  (31%),  National  Geographic  (16%),  Nichelodeon  (20%),  Nichelodeon  Nordic  (11%),
Paramount Comedy Channel (24%), Play Boy TV (18%), Private Blue (49%), Revival Channel (31%),
Sci-Fi Channel (11%), Sky Cinema (17%), Sky Movie Max (4%), Sky One (34%), Sky Premier (9%),
Sky  Travel  Channel  (43%),  Studio  Universal  (47%),  Television  X  (44%),  Turner  Cartoon  Network
(36%),  Cartoon  Network  (Boomerang)  (21%),  Cartoon  Network  (Dutch  Language)  (26%),  Cartoon
Network  (French  Language)  (21%),  Carton  Network  (Italian  Language)  (22%),  Carton  Network
(Spanish  Language)  (21%),  Carton  Network  (Nordic)  (20%),  TCM  (41%),  TCM  (Spanish  language)
(40%), TCM (French language) (41%), Trouble (24%), TV3 Denmark (16%), TV3 Norway (8%), TV3
Sweden (12%), V+ Norway (13%), VT4 (16%), ZTV (46%).

The reasons for the cases of non-compliance were given in the report. These were the special-interest
or recent nature of  the channel,  the  difficulty  in  finding  European  programmes  or  in  finding  them  at
in  non-member  countries  broadcasting
competitive  prices,  subsidiaries  of  companies  based 
programmes mostly from their own stock.

The  Commission  would  point  out  that  the  proportion  of  transmission  time  laid  down  in  Article  4.1
applies  each  year  to  each  of  the  television  programmes  of  broadcasters  within  the  jurisdiction  of  the
Member State concerned53.

(cid:1)  Of the 96 channels for which complete data were available for the reference period, 45 increased the
proportion of their transmission time allocated to European works, nine showed no  change and 38
showed a reduction. The general trend, in terms of number of channels of all types, in the scheduling
of European works over the reference period, was upward overall.

53

Cf. second paragraph of Article 4.3 of the Directive and point 2.2 of the suggested guidelines for the monitoring of
the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive, dated 11 June 1999.

22

                                                
GENERAL CONSIDERATIONS

(i) Monitoring and control method

The Member States’ reports refer to monitoring and control methods varying in form (actual records,
monitoring  of  daily  programmes,  collection  of  data  from  broadcasters,  survey,  sampling,  simple
estimation in some cases,  etc.)  and  sometimes  differing  according  to  the  means  of  transmission  (e.g.
monitoring of daily programmes for terrestrial channels and survey for cable).

On this point, there was generally more monitoring and control of terrestrial and cable channels than of
satellite channels, which in many cases were not mentioned in the reports received.

In this regard, the Commission would point out that the obligation under Article 4.3 of the “Television
without Frontiers” Directive applies to each of the television programmes falling within the jurisdiction
of the Member State concerned, irrespective of the means of transmission (terrestrial, satellite, cable –
analogue  and/or  digital).  A  full  list  of  all  the  channels  covered  by  Article  4  of  the  Directive  must
therefore be provided.

(ii) Reasons for the cases of non-compliance (failure to meet majority proportion)

The  majority  of  the  Member  States  with  channels  under  their  jurisdiction  which  failed  to  meet  the
majority  proportion  of  transmission  time  laid  down  in  Article  4  of  the  Directive  gave  the  following
reasons.

a) – Grouping of channels belonging to the same broadcaster. Member States' reports often pointed out
that  the  channels  concerned,  if  taken  together,  met  or  exceeded  the  minimum  proportion  of
transmission time laid down by the Directive.

This  situation,  which  fails  to  guarantee  equal  competition  between  the  various  TV  broadcasters  and
isolates the scheduling of European works on one or more specific channels, can in some cases lead to
artificial aggregation of the results of “small” channels (in terms of audience share) or special-interest
channels with those of a “major” general interest channel.

b)  –  Special-interest  nature  of  the  channels’  programmes  and  progress  achieved.  In  many  cases,  the
special interest theme  does  not enable  the  minimum  proportion  of  transmission  time  to  be  met  (very
specific niche market).

c) – Recency of the  channel. Nevertheless, many of  the new  entrants broadcast  a  large proportion of
European works in their first years of operation in order to penetrate the market concerned.

d)  –  Subsidiaries  of  non-EU  companies.  Such  channels  tend  to  make  systematic  use  of  their  own
catalogue material and rarely show European works.

In practice, these reasons are often combined in Member States’ reports. The channels in question are
often the same in the various Member States concerned.

(iii) Measures envisaged or adopted to remedy cases of non-compliance

Various  types  of  measure  are  reported:  ongoing  dialogue,  subjecting  the  channels  concerned  to
surveillance, formal notices and proceedings against broadcasters.

23

There  are,  however,  cases  in  which  no  measures  have  been  taken  or  envisaged.  In  this  regard,  the
Commission would point out the need for the Member States concerned to ensure increased control and
monitoring  of  these  channels  and  to  ensure,  where  practicable  and  by  appropriate  means,  that  the
television broadcasters concerned achieve the proportion of transmission time s laid down by Article 4
of the Directive, in accordance with the principle of progressive improvement.

24

1.2

Works by independent producers

1.2.1

Assessment at Community level

As a preliminary remark, with regard to methodology, certain Member States did not always provide
comprehensive  information, particularly in the  case  of  the  cable  and/or  satellite  channels  (sometimes
omitted from national reports). In addition, complete data were not provided for some channels on the
relative proportion of recent European works broadcast.

In this regard, the Commission would point out that the obligation under Article 4.3 applies to each of
the television programmes falling within the jurisdiction of the Member State concerned. It is therefore
the  responsibility  of  those  countries  to  provide  a  list  of  all  the  channels  covered  by  Article  5  of  the
Directive and to supply full data on them.

The  first  conclusion  concerns  average  transmission  time  (minimum  of  10%)  or,  depending  on  the
choice made  by the Member State when  transposing the  Directive,  the  average  programming budget
(minimum 10%) reserved for European works by independent producers54 (cf. indicator 155):

– 

– 

– 

the average proportion of works by independent producers broadcast by all European channels
in all Member States, was 37.51% in 1999 and 40.47% in 2000, representing a 2.95 point
increase over the reference period56;

the average proportion reserved for this type of work varied, depending on the Member State
concerned57, between 21.17% and 59% in 1999 and 20.94% and 59.26% in 2000;

The  general  trend,  in  terms  in  terms  of  number  of  channels  showed  an  increase  over  the
reference period in nine Member States, was stable in two Member States and dropped
in four Member States. The overall trend was therefore positive.

The second conclusion concerns the total number of channels of all types achieving or exceeding the
minimum 10% (compliance rate) of European works by independent producers (cf. indicator 2):

– 

– 

54

55

56

57

the average compliance rate for  all  European channels in all Member States was 85.02% in
1999  and  84.81%  in  2000,  representing  a  very  slight  drop  of  0.21  points  over  the
reference period;

the average compliance rate by Member State ranged from 48% to 100% in 1999 and from
58% to 100% in 2000;

Within  the  meaning  of  recital  31  of  the  Directive,  which  provides  that  (non-exhaustive  criteria):  “(…)  Member
States, in defining the notion of “independent producer”, should take appropriate account of criteria such as the
ownership  of  the  production  company,  the  amount  of  programmes  supplied  to  the  same  broadcaster  and  the
ownership of secondary rights”.
Article 3.1 of the Directive gives the Member States the option of requiring broadcasters under their jurisdiction to
comply with more detailed or stricter rules. In practice, most Member States made use of this option.
In the specific case of Italy, the particularly high figures reflect the average degree to which the objectives in terms
of investment in European works created by independent producers were met (alternative 2 under Article 5 of the
Directive) rather than the average transmission time of this type of work.
The  figures  for  Italy  were  not  included,  as  they  reflected  an  investment  obligation  rather  than  a  transmission
obligation.

25

                                                
– 

the average compliance rate in terms of number of channels, rose in six Member States, was
stable in  four and fell  in five;  the  general  overall  trend  was  therefore  positive  over  the
reference period.

The  third  conclusion  concerns  the  general  trend,  in  terms  of  number  of  channels  of  all  types,  in  the
proportion of transmission time allocated to works by independent producers (cf. indicator 3):

– 

the  national  reports  revealed  an  upward  trend  in  12  Member  States,  no  change  in  one
Member  State  and  a  downward  trend  in  two  Member  States;  the  overall  development
was therefore positive over the reference period.

The  fourth  conclusion  refers  to  the  average  share  (“adequate  proportion”58)  allocated  to  recent
European works by independent producers, i.e. works broadcast within  five  years  of their production
(cf. indicator 4):

– 

– 

– 

– 

– 

the average share, for all European channels in all Member States, allocated to recent works
was  53.80%  in  1999  and  55.71%  in  2000,  representing  a  1.91  point  increase  over  the
reference period;

the  average  share  allocated  to  this  type  of  work  varied,  according  to  Member  State59,
between 13.48% and 81.4% in 1999 and 12.34% and 80.25% in 2000;

The general trend, in terms in terms of number of channels of all types, was upward in eight
Member States, stable in one and downward in six; the overall trend over the reference
period remained positive.

The fifth conclusion applies to the general trend, in terms in terms of number of channels of all
types,  in  the  relative  proportion  of  recent  European  works  by  independent  producers  (cf.
indicator 5).

The  national  reports  showed  an  upward  trend  in  14  Member  States,  with  no  change  in  one
Member State; the overall trend was therefore generally positive.

In  conclusion,  these  positive  results  overall  —  most  of  the  indicators  showing  an  increase  over  the
reference period — suggest that the objectives of the “Television without Frontiers” Directive are being
achieved.
The  table  below  gives  a  summary  of  the  implementation  of  Article  5  of  the  Directive  for  the
Community overall over the period concerned.

58

59

Cf. the terms of the final sentence of Article 5 of the Directive: “[this proportion] must be achieved by earmarking
an adequate proportion for recent works, that is to say works transmitted within five years of their production.”
N.B.: the figures for Portugal do not reflect the actual proportion of recent European works in all European works
by independent producers (theoretical level).

26

                                                
EUROPEAN WORKS BY INDEPENDENT PRODUCERS (ARTICLE 5 OF THE "TELEVISION WITHOUT FRONTIERS” DIRECTIVE)

MS

Total number of channels
concerned by Article 5

(Source: Member States’ reports)

Indicator 1

Indicator 2

Indicator 3

Indicator 4

Indicator 5

Average transmission time or
average programming budget
reserved for European works
by independent producers

Compliance rate (channels
achieving or exceeding the
minimum of 10%)

General trend in
transmission
of/investment in
European works by
independent producers

Average transmission time or
average programming budget
reserved for recent European
works (by independent
producers)60

General trend in transmission
of/investment in recent
European works (by
independent producers)

1999

2000

Growth

1999

2000

Growth

1999

2000

Growth

Growth
(in terms of number
of channels)

1999

2000

Growth

Growth
(in terms of number of
channels)

A

B

DE

DK

GR

ES

F

IRL

IT

LUX

3

17

23

5

10

40

54

4

38

10

3

18

24

7

11

45

59

4

43

11

0

1

1

2

1

5

5

0

5

1

40.63

47.3

6.67

100

100

35.64

34.46

-1.18

46.3

46.72

0.42

93

74

80

71

40.2

58.86

18.66

100

100

21.17

20.94

-0.23

36.44

40.24

3.76

59.26

0.26

91

95

81

92

96

92

29

0

100

100

59

29

68.05

63.85

-4.2

29.93

28.68

-1.25

79

70

70

64

0

-13

-3

0

1

1

11

0

-9

-6

positive

46.07

58.37

positive

59

58.73

12.3

-0.27

positive

positive

positive

60.27

64.37

4.1

positive

positive

81.4

75.43

positive

45.54

40.15

positive

20.8

24.82

positive

60.7

59.73

-5.97

-5.39

4.02

-0.97

positive

positive

positive

positive

positive

100

100

0

stable

positive

58.45

61.81

negative

13.48

12.34

3.36

-1.14

positive

positive

60

N.B.: two particular points concerning Italy and Portugal:
- under Article 2 of Law 122/98, the figures from the Italian authorities were calculated in relation to European works overall, whether or not by independent
producers. They do not enable the actual proportion allocated to works by independent producers within the meaning of Article 5 of the “Television without
Frontiers” Directive to be determined;
-  the  figures  from  the  Portuguese  authorities  do  not  reflect  the  actual  proportion  of  recent  European  works  in  the  overall  figures  for  European  works  by
independent producers (theoretical level).

27

                                                
Indicator 1

Indicator 2

Indicator 3

Indicator 4:

Indicator 5

MS

Total number of channels
concerned by Article 5

(Source: Member States’ reports)

Average transmission time or
average programme budget
reserved for European works
by independent producers

Compliance rate (channels
achieving or exceeding the
minimum of 10%)

1999

2000

Growth

1999

2000

Growth

1999

2000

Growth

General trend in
transmission
of/investment in
European works by
independent producers

Growth
(in terms of number
of channels)

Average air time or average
programming budget reserved for
recent European works (by
independent producers)61

General trend in transmission
of/investment in recent
European works (by de
independent producers)

1999

2000

Growth

Growth
(in terms of number of
channels)

NL

P

FIN

SV

UK

18

21

7

4

22

97

9

4

25

116

TOTAL

352

400

EU
AVERAGE

3

2

0

3

19

48

52

52

0

24.96

31.13

6.18

83

86

86

89

23

29

6

100

100

3

3

0

positive

80

78

-2

negative

24.96

31.13

6.18

positive

80

80.25

0.25

27.94

34.63

6.70

48

58

10

stable

53.97

65.4

11.43

28.41

30.96

2 .55

75.26

74.1

-1.16

positive

22.41

25.17

2.76

positive

positive

positive

positive

positive

37.51

40.47

2.95

85.02

84.81

-0.21

53.80

55.71

1.91

61

N.B.: two particular points concerning Italy and Portugal:
- under Article 2 of Law 122/98, the figures from the Italian authorities were calculated in relation to European works overall, whether or not by independent
producers. They do not enable the actual proportion allocated to works by independent producers within the meaning of Article 5 of the “Television without
Frontiers” Directive to be determined;
-  the  figures  from  the  Portuguese  authorities  do  not  reflect  the  actual  proportion  of  recent  European  works  in  the  overall  figures  for  European  works  by
independent producers (theoretical level).

28

                                                
1.2.2

Assessment at Member State level

Austria

1. Independent production

(cid:1)  The average proportion reserved for European works by independent producers for all channels was
40.63% in 1999 and 47.30% in 2000, representing a 6.67 point increase over the reference period.

(cid:1)  Over the entire reference period, the compliance  rate, in terms of number  of channels,  was 100%.
The four channels  referred to in  the report exceeded  the  minimum  of  10%  allocation  to  works  by
independent  producers  (percentages  ranging  from  19.3%  to  81.2%  in  1999,  and  from  13.7%  to
97.91% in 2000).

(cid:1)  The general trend, in terms of number of channels, was upward. With the exception of ORF1 (19.3%
in 1999 to 13.7% in 2000), all channels increased their allocation to works by independent producers
over  the  reference  period.  A  new  channel  on  the  market,  ATV  Privatfernseh,  devoted  most  of  its
output to works by independent producers.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent works for all channels was 46.07% in 1999 and 58.37% in
2000,  representing  an  increase  of  12.30  points.  This  type  of  work  now  represents  the  majority
output.

(cid:1)  The  general  trend,  in  terms  of  number  of  channels,  is  rising.  The  four  channels  referred  to  in  the
report  increased  their  proportion  over  the  reference  period.  In  2000,  all  channels  exceeded  50%
(percentages ranging from 31.1% to 54.7% in 1999 and from 52.55% to 67.1% in 2000).

Belgium62

French Community

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 33.84% in
1999 and 28.22% in 2000, representing a drop of 5.62 points. Most of this drop was attributable to
channel RTBF 2 (44.9% in 1999, 25% in 2000).

(cid:1)  Over the entire reference period, the compliance rate, in terms of number of channels, was 62.5%.
Of a total of eight channels63, five exceeded the minimum 10% allocation to works by independent
producers (percentages ranging from 15.7% to 44.9% in 1999 and from 21.2% to 41.7% in 2000).
The report gave no information on Liberty TV and two further Canal + channels.

62

63

Because  two  separate  reports  were  sent,  the  channels  of  the  French  Community  and  those  of  the  Flemish
Community have been assessed separately.
HSE,  which  is  exclusively  a  teleshopping  channel,  and  Canal  Z,  which  specialises  exclusively  in  economic  and
financial news, were not included.

29

                                                
(cid:1)  The general trend, in terms of number of channels, was downward over the reference period. Of a
total of five channels for which full data were available, two increased their allocation to works by
independent producers (Club et Canal +), while three showed a decreased (RTBF 1, RTBF 2, RTL
Tvi).

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent works for all channels was 58.93% in 1999 and 57.17% in
2000,  representing  a  1.77  point  drop  over  the  reference  period.  No  data  were  provided  for  five
channels:  RTBF  1,  RTBF  2,  Liberty  TV  and  the  two  further  Canal  +  channels  mentioned  in  the
report.

(cid:1)  There was an overall downward trend, in terms of number of channels, in the proportion allocated to
recent works. Of a total of three channels mentioned in the report, one showed an increase and two a
decrease. However, two channels exceeded 50% (proportions ranging from 16.6% to 93.7% in 1999
and from 13% to 94.8% in 2000.

Flemish Community

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 55.44% in

1999 and 56% in 2000, representing a 0.56 point increase.

(cid:1)  For 1999, the compliance rate, in terms of number of channels, was 89%. Of a total of nine channels
mentioned  in  the  report,  eight  exceeded  the  minimum  10%  allocation  to  works  by  independent
producers (percentages ranging from 16% à 100%). Only Liberty TV.com, which bases its output on
special-interest programmes, did not broadcast European works by independent producers.

(cid:1)  For 2000, the compliance rate, in terms of number of channels, was 70%. Of a total of ten channels
mentioned  in  the  report,  seven  exceeded  the  minimum  of  10%  (percentages  ranging  from  16%  to
100%).  No  data  were  supplied  for  two  channels.  Only  Liberty  TV.com  broadcast  no  European
works by independent producers.

(cid:1)  There was an overall upward trend in terms of number of channels. Of a total of eight channels for
which full data were available for the reference period, five increased their allocation to European
works by independent producers and three remained stable.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works by independent producers for all channels

of all types was 78.67% in 1999 and 80.75% in 2000, representing a 2.08 point increase.

(cid:1)  There was an overall upward trend, in terms of number of channels, in the proportion allocated to
recent  works.  Of  a  total  of  eight  channels  for  which  full  data  were  available,  four  showed  an
increase, three were stable (two at very high levels) and one showed a (minor) decrease.

30

German-speaking Community: no report was received from the competent authorities.

Germany

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 46.30% in

1999 and 46.72% in 2000, representing a 0.42 point increase.

(cid:1)  For 1999, of a total of 23 channels64, 17 exceeded the minimum of 10% laid down in Article 5 of the
Directive. No data were provided in respect of two channels. The following four channels failed to
meet  this  proportion:  13th  Street  (4%),  Studio  Universal  (2%),  VIVA  (2%),  VIVA  2  (0%).  The
compliance  rate,  in  terms  of  number  of  channels  of  all  types,  was  74%  in  1999.  For  2000,  17
channels  exceeded  the  minimum  10%  proportion.  No  data  were  supplied  for  two  channels.  The
following five channels failed to meet the minimum proportion: 13th Street (6%), Phoenix (7.53%),
Studio  Universal  (5%),  VIVA  (3%),  VIVA  2  (  0%).  The  compliance  rate,  in  terms  of  number  of
channels of all types, was 71% in 2000.

(cid:1)  The general trend, in terms of number of channels, was upward overall. Of a total of 21 channels for
which  full  data  were  available,  10  increased  the  proportion  allocated  to  works  by  independent
producers, six remained stable (including three at 100%) and five showed a slight reduction.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent works for all channels was 60.27% in 1999 and 64.37% in

2000, representing a 4.11 point increase over the reference period.

(cid:1)  The general trend, in terms of number of channels, in the proportion allocated to recent works, was
upward overall. Of a total of 21 channels for which full data were available, ten showed an increase,
six were stable and five were decreasing.

Denmark

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 40.20% in

1999 and 58.86% in 2000, representing an 18.66 point increase.

(cid:1)  Over the entire reference period, the compliance  rate, in terms of number  of channels,  was 100%.
All  the  channels  mentioned  in  the  report  exceeded  the  minimum  of  10%  allocation  to  works  by
independent  producers  (percentages  ranging  from  12%  to  87%  in  1999  and  from  14%  to  99%  in
2000).

(cid:1)  There was an overall upward trend in terms of number of channels. Over the reference period, three
channels increased their allocation to works by independent producers, one remained stable and the

64

In  contrast  to  the  previous  report  (period  1997-1998),  Deustche  Welle  TV  was  not  covered  in  the  document
received for the whole of the reference period.

31

                                                
other  showed  a  slight  reduction.  There  were  also  two  new  entrants  to  the  market,  both  with  very
high proportions (over 80%).

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works by independent producers for all channels
was 81.4% in 1999 and 75.43% in 2000, representing a 5.97 point drop. With the exception of a new
market entrant (TV BIC+) in 2000, all channels exceeded 50% (with proportions ranging from 63%
to 100% in 1999 and from 70% to 100% in 2000).

(cid:1)  The general trend, in terms of  number  of  channels,  in  the  allocation  to  recent  works,  was  upward
overall. Of a total of five channels for which full data were available, two showed an increase, one
was stable (at 100%) and two showed a decline. There were two new entrants to the market in 2000
(with percentages ranging from 25% to 93%).

Greece

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 21.17% in
1999 and 20.94% in 2000, representing a drop of 0.23 points. This slight decline was attributable, in
the main, to Star channel (46% in 1999, 12% in 2000).

(cid:1)  In 1999, of a total of 11 channels, 10 exceeded the minimum of 10% laid down in Article 5 of the
Directive. Only Seven  TV (Nea Radiofoniki Kai Tileoptiki  Ltd.) failed  to do so (5.51%). No data
were provided for Alter  channel.  In 2000, of a  total of 12 channels, 11 exceeded  the  minimum of
10%.  No  figures  were  provided  for  Alter  channel.  The  compliance  rate,  in  terms  of  number  of
channels  of  all  types,  was  91%  in  1999  and  92%  in  2000  (proportions  allocated  by  individual
channels ranging from 5.51% to 46% in 1999 and from 12% to 35.8% in 2000).

(cid:1)  There was an overall upward  trend in terms of number of  channels. Of a total of  ten channels for
which  full  data  were  available,  four  had  increased  their  allocation  to  works  by  independent
producers, three were stable and two (Star and Net) showed a reduction. Added to this was a new
channel, Tempo (56% in 2000).

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works by independent producers for all channels
was  45.54%  in  1999  and  40.15%  in  2000,  representing  a  drop  of  5.40  points.  ERT  3  and  Sky’s
allocation to this type of work was relatively low in 1999 (below 10%). No figures were provided
for Alter channel for the entire reference period.

(cid:1)  There was an overall upward trend in terms of  number of  channels. Of  a  total  of ten  channels for
which full data were available, five showed an increase and five a decrease. Added to this, however,
was the new channel, Tempo, which entered the market in 2000 (44.7% recent works in 2000).

32

Spain

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 36.44% in

1999 and 40.20% in 2000, representing a 3.76 point increase.

(cid:1)  For 1999, the compliance rate, in terms of number of channels, was 95%. Of a total of 40 channels,
only  two  had  an  allocation  to  works  by  independent  producers  below  10%:  AXN  (7.90%)  and
Nichelodeon (0%). For 2000, with the number of channels increasing (five additional channels), the
compliance rate was 96%. Of a total of 45 channels, two were below the minimum proportion: AXN
(7.5%) and Studio Universal (9.13%).

(cid:1)  There  was  an  overall  upward  trend  in  terms  of  number  of  channels.  Of  a  total  of  40  channels  for
which  full  data  were  available,  22  increased  their  percentage  allocation  to  works  by  independent
producers, two were stable (one at 100%) and 16 showed a reduction. This trend was reinforced by
the arrival of five new channels on the market.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works by independent producers for all channels
was  20.80%  in  1999  and  24.82%  in  2000,  representing  a  4.02  point  increase  over  the  reference
period. The following series of channels had a relatively low rate (below 10%): TCM, AXN, Cine
Paraiso  (1999  only),  Alucine,  Hispavision,  Nostalgia,  Cinemania  (1999  only),  Disney  Channel
(1999 only), Nichelodeon, Calle 13, Studio Universal (1999 only), Cine 600, Cine Classic Espana,
Canal 33, Telemadrid.

(cid:1)  There was an overall upward trend in terms of the number of channels of all types. Of a total of 40
channels for which full data were available for the reference period, 26 showed an increase, one was
stable, 12 showed a  reduction  and  one  remained at  zero.  Four  out  of  the  five  new  entrants  on  the
market in 2000 reinforced this trend (with percentages ranging from 25.70% to 47.2%).

France

1. Independent production

(cid:1)  The average allocation to European works by independent producers65 for all channels of all types

was 59% in 1999 and 59.26% in 2000, representing an increase of 0.26 points.

(cid:1)  In  1999,  of  a  total  of  54  channels,  44  exceeded  the  minimum  10%  proportion.  No  data  were
provided  for  ten  channels.  All  channels  for  which  data  were  provided  exceeded  the  minimum
proportion. In 2000, of a total of 59 channels, 54 exceeded the proportion. No data were given for
four  channels.  Only  Forum  Planète  (0%)  showed  no  European  works  by  independent  producers
(50% in 1999). The compliance rate, in terms of number of channels, was 81% in 1999 and 92% in
2000, representing  a considerable  increase  seen  in  the  context  of  the  arrival  of  four  new  channels
over the reference period.

65

In the case of the terrestrial channels, this means the percentage of independent production calculated on the basis
of the company’s turnover.

33

                                                
(cid:1)  There  was  an  overall  upward  trend  in  terms  of  number  of  channels.  Of  a  total  of  41  channels  for
which full data were available, 18 increased their allocation to works by independent producers, six
were stable (four at 100%) and 17 showed a reduction. Added to this, four of the five new entrants
to the market devoted a significant allocation to this type of work (percentages ranging from 25% to
100%).

2. Proportion of recent works in independent production

(cid:1)  The  average  relative  proportion  of  recent  European  works  by  independent  producers,  for  all
channels of all types, was 60.70% in 1999 and 59.73% in 2000, representing a slight drop of 0.98
points over the reference period.

(cid:1)  Three  channels  allocated  less  than  10%  to  recent  European  works  by  independent  producers:

Cinétoile in 1999 (1%), Forum Planète (7%) and Ciné Cinéma (0%) in 2000.

(cid:1)  There  was  a  general  upward  trend  in  terms  of  number  of  channels.  Of  a  total  of  36  channels  for
which full data were available for the reference period, 17 showed an increase, 9 were stable (seven
at 100%) and 10 showed a reduction. Four of the five new entrants on the market broadcast this type
of work (percentages ranging from 41% to 64% for 2000).

Ireland

1. Independent production

(cid:1)  The average allocation by all channels to European works by independent producers  was stable at

29% over the reference period.

(cid:1)  All four channels exceeded the minimum proportion of 10% laid down in Article 5 of the Directive
(percentages  ranging  from  15%  to  65%  in  1999  and  from  18%  to  60%  in  2000).  The  compliance
rate, in terms of number of channels, was therefore 100% for the whole of the reference period.

(cid:1)  There  was  an  overall  upward  trend  in  terms  of  number  of  channels.  Of  a  total  of  four  channels
mentioned in the report, two increased their allocation to works by independent producers, one was
stable and the other showed a reduction.

2. Proportion of recent works in independent production

(cid:1)  The  average  relative  proportion  of  recent  European  works  was  stable  at  100%  over  the  reference

period.

(cid:1)  The  general  trend,  in  terms  of  number  of  channels,  was  stable  over  the  reference  period.  Recent

European works accounted for the entire output of all four channels.

34

Italy

1. Independent production

(cid:1)  The average allocation to European works by independent producers66 for all channels was 68.05%

in 1999 and 63.85% in 2000, representing a 4.20 point drop over the reference period.

(cid:1)  For 1999, the compliance rate, in terms of number of channels, was 79%. Of a total of 38 channels,
only  one  (Stream  Verde)  made  no  allocation  to  works  by  independent  producers.  No  data  were
supplied for eight channels. In 2000, the compliance rate was 70%. Of a total of 43 channels, only
two (Stream Verde, Fox Kids) made no  allocation to works by independent producers. No  figures
were supplied for 11 channels.

(cid:1)  The general trend67, in terms of number of channels, was upward overall. Of a total of 29 channels
for which full data were available, 11 increased their allocation to works by independent producers,
10 were stable and 8 showed a decrease.

2. Proportion of recent works68

(cid:1)  The  average  relative  proportion  of  recent  European  works  (overall  figure,  proportion  of  works  by
independent  producers  within  the  meaning  of  Article  5  of  the  Directive  not  specified69)  for  all
channels  was  58.45%  in  1999  and  61.81%  in  2000,  representing  a  3.36  point  increase  over  the
reference period.

(cid:1)  The  following  channels  had  a  relatively  low  proportion  (below  10%)  of  recent  European  works:
Coming Soon TV, CineCinema 1 (1999 only), CineCinemas 2 (1999), CineClassics (1999), Stream
Verde.

66

67

68

69

The  report  makes  a  distinction  between  terrestrial  and  satellite  channels.  In  the  case  of  the  former,  the  report
explains  that  under  Article  2(3)  of  Law  No  122/98  transposing  the  “Television  without  Frontiers”  Directive,
national  television  broadcasters  have  to  broadcast  a  minimum  of  10%  (20%  for  RAI)  of  European  works  by
independent  producers,  and  that  under  Article  2(5)  of  this  Law,  that  they  must  invest,  through  purchase  or
production, not less than 10% (20% for RAI) of their net annual advertising revenue in European works, including
those  created  by  independent  producers.  The  data  on  European  works  by  independent  producers  were  supplied
directly by the national broadcasters on the basis of self-certification, as were the data on investment obligations.

In the case of the satellite channels, the report explains that they have no obligation under national legislation to
allocate 10% of their broadcasting time to European works by independent producers, but did have to allocate at
least  10%  of  their  net  advertising  revenue  to  the  production  or  purchase  of  European  audiovisual  programmes,
including those by independent producers.
This should be seen in perspective, in that the figure of "100%" quoted in the report indicates that the broadcasters
invested  amounts  in  excess  of  their  advertising  revenue  in  the  acquisition  or  production  of  European  works,  in
accordance  with  Italian  legislation.  The  channels  with  no  advertising  revenue  have  no  investment  obligation
(provision not applicable).
N.B.: the figures forwarded by the Italian authorities were calculated, in accordance with Article 2 of Law 122/98,
in  relation  to  European  works  overall,  whether  or  not  by  independent  producers.  It  is  therefore  not  possible  to
determine  the  actual  proportion  allocated  to  works  by  independent  producers  within  the  meaning  of  the  final
sentence of Article 5 of the “Television without Frontiers” Directive.
Cf. note above.

35

                                                
(cid:1)  The general trend, in terms of number of channels of all types, was upward overall. Of a total of 25
channels for which full data were available over the reference period, 20 showed  an  increase, two
were stable and two showed a decline.

Luxembourg

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 29.93% in

1999 and 28.68% in 2000, representing a 1.25 point drop.

(cid:1)  In 1999, of a total of ten channels, seven exceeded the minimum  proportion  of 10% laid down in
Article  5  of  the  Directive.  No  data  were  supplied  for  two  channels.  Nordliicht  TV  was  alone  in
broadcasting no works of this type. The compliance rate, in terms of number of channels, was 70%.
In 2000, of a total of 11 channels, 7 exceeded the minimum proportion of 10% laid down in Article
5  of  the  Directive.  No  figures  were  supplied  for  two  channels.  The  two  channels  broadcasting  no
European  works  by  independent  producers  were  Liberty  TV  and  Nordliicht  TV.  The  compliance
rate, in terms of number of channels, was 64% in 2000.

(cid:1)  The  general  trend,  in  terms  of  number  of  channels,  was  downward  overall.  Of  a  total  of  eight
channels for which full data were available, three increased their percentage allocation to works by
independent producers, one was stable (but at zero) and four showed a reduction.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works by independent producers for all channels
was 13.48% in 1999 and 12.34% in 2000, representing a very slight decline of 1.34 points over the
reference period. No data were supplied for three channels over the reference period.

(cid:1)  Recent  European  works  accounted  for  a  proportion  below  10%  for  the  following  channels:  RTL

Télé Lëtzebuerg (almost 10% in 2000), RTL9, Club RTL, Liberty TV, Nordliicht TV.

(cid:1)  The general trend, in terms of number of channels, was upward overall. Of a total of seven channels
for which full data were available over the reference period, four showed an increase, two a decrease
and one remained at zero.

Netherlands

1. Independent production

(cid:1)  The  average  allocation  to  European  works  by  independent  producers  for  all  channels  remained

stable at 52% over the entire reference period.

(cid:1)  In 1999, of a total of 18 channels, 15 exceeded the minimum proportion of 10% laid down in Article
5  of  the  Directive.  No  data  were  supplied  for  three  channels70.  The  compliance  rate,  in  terms  of
number of channels, was 83%. In 2000, of a total of 21 channels, 18 exceeded this proportion, and

70

Owing to the difficulty in determining the origin of certain musical works such as video clips.

36

                                                
no  data  were  supplied  for  two71.  Only  Net  5  failed  to  reach  the  minimum  level  of  10%  in  2000
(7.6%). The compliance rate, in terms of number of channels, was 86%.

(cid:1)  There  was  an  overall  upward  trend  in  terms  of  number  of  channels  of  all  types.  Of  a  total  of  15
channels for which full data were available, five increased their allocation to works by independent
producers, two were stable (at 50% and 85%) and eight showed a reduction. There were also three
new entrants to  the  market,  whose  allocation  to  European  works  by  independent  producers  varied
between 25% and 100%.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works for all channels of all types was 80% in

1999 and 78% in 2000, representing a 2 point drop over the reference period.

(cid:1)  The general trend, in terms of number of channels, was upward overall. Of a total of 17 channels for
which  full  data  were  available  for  the  reference  period,  six  showed  an  increase,  five  were  stable
(including  four  with  a  level  of  or  approaching  100%)  and  six  showed  a  decline.  There  were  also
three new entrants to the market devoting a considerable proportion of their output to recent works
(percentages ranging from 30% to 99%).

Portugal

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 24.96% in

1999 and 31.13% in 2000, representing a 6.18 point increase over the reference period.

(cid:1)  In 1999, of a total of seven channels, six  exceeded  the minimum  proportion  of  10%  laid  down  in
Article  5 of the Directive.  In  2000,  of  a total of nine  channels, eight exceeded  this  threshold.  The
compliance rate, in terms of number of channels, was 86%. Sport TV was alone in failing to meet
the minimum proportion in 1999 (5.5%) and 2000 (3.9%). The compliance rate, in terms of number
of channels of all types, was 86% in 1999 and 89% in 2000.

(cid:1)  The  general  trend,  in  terms  of  number  of  channels,  was  downward  overall.  Of  a  total  of  seven
channels for which full data were available, two increased the proportion of their allocation to works
by independent producers and five registered a reduction. In addition, there were two new channels
on the market which made a considerable allocation to independent production (ranging from 38%
to 58% in 2000).

2. Proportion of recent works in independent production

(cid:1)  The  report  states  that  Portuguese  legislation  provides  for  a  stricter  system  than  that  laid  down  by
Article  5  of  the  Directive  and  reproduces  the  figures  quoted  for  transmission  of  works  by
independent producers. Under Portuguese TV legislation, broadcasters must allocate at least a tenth

71

Owing to the difficulty in determining the origin of certain musical works such as video clips.

37

                                                
of  their  air  time  to  European  works  by  independent  producers  (first  condition)  which  have  been
produced within the last five years (second condition).72

(cid:1)  These two conditions should theoretically mean that all European works by independent producers
referred  to  in  point  1  are  recent  within  the  meaning  of  Article  5  of  the  Directive.  In  practice,
however,  it  is  still  essential  to  determine  the  proportion  actually  allocated73  to  recent  works  by
independent producers.

Finland

1. Independent production

(cid:1)  The  average  allocation  to  European  works  by  independent  producers  for  all  channels  was  23%  in

1999 and 29% in 2000, representing a 6 point increase over the reference period.

(cid:1)  Over  the  reference  period  as  a  whole,  all  four  channels  referred  to  in  the  report  exceeded  the
minimum proportion of 10% laid down in Article 5 of the Directive (percentages ranging from 17%
to 32% in 1999 and from 23% to 38% in 2000).

(cid:1)  The general trend,  in terms of number  of  channels,  was upward overall.  Three  channels  increased

their allocation to works by independent producers and one decreased it very slightly.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion of recent European works  was 80%  in  1999 and  80.25% in 2000,

representing a 0.25 point increase over the reference period.

(cid:1)  The  general  trend,  in  terms  of  number  of  channels,  was  stable.  Of  a  total  of  four  channels,  one
showed  an  increase,  two  were  stable  (at  100%)  and  one  fell  slightly,  though  still  representing  a
majority proportion.

Sweden

1. Independent production

(cid:1)  The average allocation to European works by independent producers for all channels was 27.94% in

1999 and 34.63% in 2000, representing an increase of 6.7 points.

(cid:1)  In  1999,  of  a  total  of  21  channels,  ten  exceeded  the  minimum  proportion  of  10%  laid  down  in
Article  5  of  the  Directive.  No  data  were  supplied  for  nine  channels.  The  channels  “6”74  and
NollEttan Television made no allocation to works of this type. CineCinemas channel allocated less
than 10% (5.75%). The compliance rate, in terms of number of channels, was 48% in 1999. In 2000,
of  a  total  of  26  channels,  15  exceeded  this  threshold.  No  data  were  supplied  for  ten  channels.
NollEttan  Television  was  the  only  channel  not  to  broadcast  European  works  by  independent
producers. The compliance rate, in terms of number of channels, was 58% in 1999.

72

73

74

In this regard, the report's figures are strictly identical to those of point 1 (independent production).
In order to evaluate the “adequate proportion” in the terms of the final sentence of Article 5 of the Directive.
However, this channel reached 50% in 2000.

38

                                                
(cid:1)  The general trend, in terms of number of channels, was stable overall. Of a total of 11 channels for
which  full  data  were  available,  two  increased  their  allocation  to  works  by  independent  producers,
two  were  stable  and  seven  showed  a  decrease.  However,  this  reduction  must  be  seen  in  relative
terms, as five new channels appeared on the market which varied in the extent of their allocation to
independent productions (proportions ranging from 17% to 100% in 2000).

2. Proportion of recent works in independent production

(cid:1)  The  average  relative  proportion  given  over  to  recent  European  works  was  53.97%  in  1999  and
65.40% in 2000, representing an 11.43 point increase over the reference period. The proportion was
particularly low in the case of the following channels: TV 4 (2% in 1999)75, “6” (0% in 1999 and
2000), Cine Cinemas (0% in 1999), NollEttan Television (0% in 1999).

(cid:1)  The general trend, in terms of number of channels, was upward overall76. Of a total of ten channels
for  which  full  data  were  available  over  the  reference  period,  two  showed  an  increase,  three  were
stable (including two at 100%) and five showed a decrease.  In  addition,  however,  four of the five
new  channels  focused  their  efforts  to  a  large  extent  on  recent  works  (rates  ranging  from  85%  to
100% in 2000).

United Kingdom

1. Independent production

(cid:1)  The  average  allocation  to  European  works  by  independent  producers  for  all  channels  of  all  types

was 28.41% in 1999 and 30.96% in 2000, representing an increase of 2.55 points.

(cid:1)  In  1999,  of  a  total  of  97  channels  concerned  by  Article  5  of  the  Directive77,  73  exceeded  the
minimum proportion of 10% laid down in that Article. The 24 channels which failed to reach this
proportion were: BBC News 24, Bravo, Disney Channel UK (Disney Channel, Disney Channel +1,
Playhouse  Disney,  Toon  Disney),  Front  Row  (including  Barker  Channel),  Front  Row  (excluding
Barker Channel), GSB Men + Motors/Breeze, National geographic, Nickelodeon Nordic, Play UK,
Rapture, Reality TV, SC4C2, Sci-Fi Channel, Sky Movie Max, Sky News, Sky One, Sky Premier,
TCC Nordic, TNT Classical Movies, TV3 Norway, UK Arena.

(cid:1)  In  2000,  of  a  total  of  116  channels  concerned  by  Article  5  of  the  Directive78,  86  exceeded  this
proportion. The 28 channels which failed to achieve the minimum were: 3 + Denmark, BBC News
24,  Biography  Channel,  Dating  Channel,  Bravo,  Disney  Channel  UK  (Disney  Channel,  Disney
Channel  +1,  Playhouse  Disney,  Toon  Disney),  Film  Four  (9%),  Front  Row  (including  Barker
Channel),  Front  Row  (excluding  Barker  Channel),  GSB  Men  +  Motors/Breeze,  History  Channel,
National  Geographic,  Nickelodeon  Nordic,  Reality  TV,  SC4C2,  Sci-Fi  Channel,  Sky  Movie  Max,

75

76

77

78

However, this channel reached 78.15% in 2000.
This is a highly relative assessment in that no information was supplied for a large number of channels (9 channels
in 1999 and 12 in 2000).
This  did  not  include  the  exempted  channels  (51  channels)  or  those  which  were  not  operational  over  the  period
concerned.
This  did  not  include  the  exempted  channels  (51  channels)  or  those  which  were  not  operational  over  the  period
concerned.

39

                                                
Sky  News,  Sky  One,  Sky  Premier,  TV3  Denmark,  TV3  Norway,  TV3  Sweden,  UK  Drama,  V+
Norway.

The compliance rate, in terms of number of channels of all types, was 75.26% in 1999 and 74.1% in
2000.

(cid:1)  The general trend, in terms of number of channels, was upward overall. Of a total of 93 channels for
which full data were  available, 47 increased their allocation to works by independent producers, 9
were stable and 37 showed a decrease. Added to this positive trend were the new market entrants,
who allocated a variable proportion to this type of work.

2. Proportion of recent works in independent production

(cid:1)  The average relative proportion given over to recent European works by independent producers for
all channels was 22.41% in 1999 and 25.17% in 2000, representing a 2.76 point increase over the
reference period.

(cid:1)  The  proportional  allocation  to  recent  European  works  by  independent  producers  by  the  following
channels was particularly low: 3 + Denmark, BBC News 24, Biography Channel, Dating Channel,
Bravo, Disney Channel UK (Disney Channel, Disney Channel +1, Playhouse Disney, Toon Disney),
Front  Row  (including  Barker  Channel),  Front  Row  (excluding  Barker  Channel),  GSB  Men  +
Motors/Breeze,  History  Channel,  National  Geographic,  Nickelodeon  Nordic,  Reality  TV,  SC4C2,
Sci-Fi Channel, Sky Movie Max, Sky News, Sky One, Sky Premier, TV3 Denmark, TV3 Norway,
TV3 Sweden, UK Drama, V+ Norway.

(cid:1)  The general trend, in terms of number of channels, was upward overall. Of a total of 92 channels for
which full data were available for the reference period, 44 showed an increase, 14 were stable and
34  in  decline.  Added  to  this  positive  trend  were  the  new  market  entrants,  who  varied  in  the
proportion they allocated to recent works.

40

1.3

General conclusion

For the reference period (1999-2000), the national reports reflect generally satisfactory application by
the  European  Union  Member  States  of  the  provisions  of  Article  4  (European  works)  and  Article  5
(European works created by independent producers) of the “Television without Frontiers” Directive.
Detailed examination of these reports by the Commission reveals, for both Articles 4 and 5, a positive
and dynamic trend in the broadcasting of European works, including those by independent producers,
in the context of a general increase in the number of channels over the reference period.

Only some of the minority channels in certain Member States are presenting difficulties. In this regard,
the  Commission  would  remind  the  Member  States  concerned  of  the  need  for  increased  control  and
monitoring  of  these  channels  and  the  importance  of  ensuring,  where  practicable  and  by  appropriate
means,  that  these  television  broadcasters  meet  the  proportionss  laid  down  by  Articles  4  and  5  of  the
Directive, in line with the principle of progressive improvement.

41

2. Application by the Member States of the European Free Trade Association participating in the
European Economic Area

For the third time, this communication includes an overview of the application of Articles 4 and 5 of
the  “Television  without  Frontiers”  Directive  by  Iceland  and  Norway.  Liechtenstein  did  not  submit  a
report as it has no television broadcasters under its jurisdiction.

Iceland

2.1

Requirement to broadcast a majority proportion of European works

The  channels  Stöð2  (Channel  2),  Sýn  (Vision)  and  Bíórás  (The  Film  Channel)  broadcast  a  very  low
proportion of European works over the reference period as a whole (percentages ranging from 5.51% to
30.43%  in  1999  and  5.55%  to  36.26%  in  2000).  None  of  these  channels  achieved  the  majority
proportion  of  transmission  time  laid  down  in  Article  4  of  the  Directive.  RUV  channel  was  not
mentioned in the report.

2.2

European works by independent producers

Of the three channels referred to above, only Sýn (Vision) exceeded the minimum of 10% laid down by
Article 5 of the Directive (with 21.2% in 1999 and 21.17% in 2000). The other two channels broadcast
practically  no  European  works  by  independent  producers.  The  report  does  not  include  any  data
enabling the proportion represented by recent works to be assessed.

Norway

2.1

Requirement to broadcast a majority proportion of European works

The channels NRK 1, NRK 2, NRK International, TV2, TV Norge and Metro broadcast an average of
57.67% and 60.17% European works in 1999 and 2000 respectively, representing an average 2.5 point
increase over the reference period.

The  situation  appears  satisfactory  overall.  Over  the  entire  reference  period,  only  TV  Norge  failed  to
meet the majority proportion of transmission time provided for by  Article 4 of the Directive (22% in
1999 and 20% in 2000). As a remedial measure, the competent authorities addressed a formal notice to
the operator concerned to comply with its obligations under broadcasting legislation.

2.2

European works by independent producers

The channels NRK 1, NRK 2, NRK International, TV2, TV Norge and Metro broadcast an average of
16.17%  and  16.33%  European  works  by  independent  producers  in  1999  and  2000  respectively,
representing a 0.17 point increase over the reference period.

The  situation  in  this  respect  also  appears  satisfactory.  Only  NRK  2  (9%  in  1999)  and  NRK
International (9% in 2000) failed — for one of the years — to reach the minimum proportion of 10% of
European  works  by  independent  producers.  The  competent  authorities  have,  however,  requested  the
operator concerned to increase this proportion.

The situation in respect of the proportion represented by recent works was particularly positive. For the
channels mentioned in the report, this averaged 80.33% in 1999 and 86.33% in 2000, representing a 6

42

point increase over the reference period (levels ranging from 44% to 96% in 1999 and 71% to 100% in
2000).

43

II. - SUMMARY OF THE REPORTS FROM THE MEMBER STATES

Key:

“NR”: not reported.

“-”: channel not in operation over the period in question.

44

AUSTRIA

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
3

Reference period
Calendar years 1999 and 2000

Method
Figures  supplied  by  the  broadcasters  as  a  legal
obligation

2. Proportions (%)

Channel

Broadcaster

ATV-Privatfernseh
GmbH
ORF (all)
ORF 1
ORF 2

ORF
ORF
ORF

European  works
(EW)
1999
67%

2000
51%

Independent
producers (IP)
2000
1999
97.91%
81.2%

57.7% 58.4% 20.4%
36.6% 19.3%
34%
21.4%
79.2% 81%

21.9%
13.7%
30.3%

Recent works

1999
54.7%

40.8%
52.4%
31.1%

2000
67.1

53.4%
55.5%
52.5%

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

As pointed out in the 1997/1998 report, the proportion of European works is increasing, with German
productions in particular becoming more popular. The trend towards showing more German language
films has continued, the proportion for ORF 1 rising steadily from 32% in 1998 to 36.6% in 2000. In
the case of ORF 2,  the  decision  to  broadcast  mainly  European works,  including  at  night,  has  already
brought about an increase in this proportion from 79.2% in 1999 to 81% in 2000.

2. Independent producers

Not reported.

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

As pointed out in the 1997/1998 report, the proportion of European works is increasing, with German
productions in particular becoming more popular. The trend towards showing more German language
films has continued, the proportion for ORF 1 rising steadily from 32% in 1998 to 36.6% in 2000. In
the case of ORF 2,  the decision  to  broadcast  mainly  European works,  including  at  night,  has  already
brought about an increase in this proportion from 79.2% in 1999 to 81% in 2000.

D) FURTHER COMMENTS

Apart from the  broadcasters  mentioned  above,  there  are  several  other  organisations  in  Austria  which
show programmes on local cable networks. As these programmes are directed at a local audience and

45

do  not  form  part  of  the  national  network,  the  broadcasters  concerned  have  not  been  included  in  the
report, in accordance with Article 9 of the Directive.

46

BELGIUM

The Commission received two reports, one from Belgium’s French Community (Communauté française
de  Belgique,  CFB)  and  one  from  the  Flemish  Community  (Vlaamse  Gemeenschap,  VLG).  No  report
was received from the German-speaking Community (Deutschsprachige Gemeinschaft, GSG ).

FRENCH COMMUNITY

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
8

2. Proportions (%)

Reference period
Calendar years 1999-2000

Method
Total figures or samples

Channel

Broadcaster

European works
(EW)
1999
74.3
RTBF 1
83.7
RTBF 2
49.1
RTL-TVI
60.2
CLUB
67.0
CANAL+
HSE
-
LIBERTY TV LIBERTY TV -
-
CANAL Z

RTBF
RTBF
Tvi
Tvi
CANAL+
HSE

2000
71.1
89.4
54.1
54.2
59.9
-
-
-

CANAL Z

Independent
producers (IP)
1999
41.2
44.9
27.6
15.7
39.8
-
-
-

2000
30.6
25.0
22.6
21.2
41.7
-
-
-

Recent works (RW)

1999
-
-
66.5
16.6
93.7
-
-
-

2000
-
-
63.7
13.0
94.8
-
-
-

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

Not reported.

2. Independent producers

Not reported.

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

Apart from TVI's slight deficit in 1999, there is no need for specific measures to ensure that Chapter II
of the Directive is observed.

D) FURTHER COMMENTS

CANAL+  is  offering  its  digital  TV  subscribers  two  variants  of  its  basic  analogue  programme.  The
broadcaster was unable to provide figures for 1999 and 2000. However, it has decided to introduce a
system in 2002 which will measure programme transmission based on sampling.

47

FLEMISH COMMUNITY

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
9

2. Proportions (%)

Reference period
Calendar years 1999/2000

Method
Survey

Channels

Broadcaster

European works (EW)

VRT
VRT

TV 1 (E/K)
Canvas/  Ketnet
(E/K)
 VTM (K)
VMM
 Kanaal 2 (K) * VMM
Canal 
Canal  +  grijs
Televisie
(K) **
Canal 
Canal  +  blauw
Televisie
(K) **
Canal 
Canal  +  geel
Televisie
(K) **
Canal 
Canal  +  16/9
Televisie
(K) **
Event 
Liberty 
Vlaanderen
(K) ***
Media 
Vitaya 
Infinitum
****

tv.com

(K)

1999
59
62

61
25
17

19

20

19

+

+

+

+

TV

100

ad

-

2000
60
63

60
30
28

27

42

100

67

Independent 
(IP)
1999
16
16

61
61
89

90

73

93

0%

-

producers

Recent works (RW)

2000
20
16

65
61
93

93

100

0%

-

2000
90
85

96
89
93

93

1999
89
84

95
63
93

94

90

100

100

-

-

-

-

Reasons given for non-compliance:
*: Cf. statistical statement for 1/1/1999 to 31/12/2000, point 3.2.
**: Cf. statistical statement for 1/1/1999 to 31/12/2000, point 3.3.
***: Cf. statistical statement for 1/1/1999 to 31/12/2000, point 3.4.
****: Cf. statistical statement for 1/1/1999 to 31/12/2000, point 3.5.

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

See below

2. Independent producers

See below

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

See below

48

D) FURTHER COMMENTS

VRT

VRT’s figures require no comment.

VMM

In the case of Kanaal 2, there was an increase in the figure for European works from 20% in 1997-1998
to 25% in 1999 and 30% in 2000. As VMM’s first channel, VTM broadcast 60% European works and
has considerably more broadcasting hours than Kanaal 2, the percentage of European works is almost
50%.

These figures therefore do not pose a problem for the Flemish Community.

Canal+ Televisie

Canal  +  Televisie,  formerly  FilmNet  Television,  is  a  pay  TV  organisation  broadcasting  on  three
channels: Canal + grijs, Canal + blauw and Canal + 16/9 (which replaced Canal + geel on 5 December
1999). Canal + Televisie broadcasts mainly films. It is impossible for these pay-per-view  channels to
reach the set proportion.

No action in their regard is therefore considered necessary.

Event TV Vlaanderen (Liberty TV.com)

Since early 1999, Event TV has broadcast programmes on tourism, travel and news in this field.

Event  TV  broadcasts  only  its  own  material,  so  the  problem  of  ownership  does  not  arise.  This
broadcaster does not use independent producers.

In view of the specific nature of these programmes, no measures are considered necessary.

Media ad infinitum nv (Vitaya)

Vitaya has been broadcasting health and fashion programmes since August 2000. It produces its own
programmes and supplements these with programmes purchased from other television broadcasters.

Media  ad  infinitum  is  not  yet  in  a  position  to  provide  information  on  the  percentage  of  independent
productions and has been asked to supply details in the future.

On 9 November 1999, Kanaal Z was licensed as a TV broadcaster for the entire Flemish Community. It
broadcasts exclusively stock market information and financial and economic news and therefore is not
subject to the proportion rule.

N.B.:  Article  1  of  the  Flemish  Government  Decree  of  23 February  1994  on  coordination  of  Flemish
audiovisual  policy  defines  an  “independent  producer”  as  “any  private  law  entity  who  creates
audiovisual  productions  and  has  no  structural  or  social  link  with  a  television  broadcasting
organisation”.

49

Germany

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
24

Reference period
Calendar years 1999-2000

Method
Survey

2. Proportions (%)

Cha n nel s B ro a dca st e r

A. European works

ARD

ARD-
Rundfunkanstalten
Phoenix
ARD-ZDF
Kinderkanal ARD-ZDF
ZDF
3 Sat

1999
90.40

97.87
79.66
86.10
96.22

2000
90.37

99.14
80.55
87.04
95.65

B.
Independent
producers
1999
39.40

10.68
17.58
30.94
34.37

2000
43.49

07.53
17.54
34.13
32.10

C.
Recent works
(% of B)
1999
91.81

98.75
58.40
74.51
27.21

2000
82.78

98.90
80.84
72.65
27.19

ZDF
ZDF-ORF-SRG-
ARD
Universal Studios
Networks
Deutschland GmbH
Discovery Channel

Betriebs
GmbH
DSF Deutsches
Sportfernsehen
GmbH
Prosiebensat.1
Media AG
ProSiebenSat.1
Media AG
n-tv
Nachrichtensender
ONYX Television
GmbH

13 TH
Street

Discovery
Channel

DSF

KABEL 1

N 24

n-tv

ONYX

20.00

17.00

04.00

06.00

10.00

10.00

55.00

60.00

100.00

100.00

75.00

80.00

74.00

80.00

100.00

100.00

> 50.00

> 50.00

25.40

27.90

22.20

23.70

45.50

43.90

-----

99.00

00.00

33.10

00.00

98.20

No data
available
65.90

No data
available
63.20

No data
available
100.00

No data
available
100.00

No data
available
>50.00

No data
available
>50.00

Planet TV MultiThematiques

80.00

80.00

75.00

75.00

50.00

50.00

Premiere
ProSieben

RTL

RTL.2

SAT.1

Studio
Universal

GmbH
Premiere World
ProSiebenSat.1
Media AG
RTL Television
GmbH
RTL 2 Fernsehen
GmbH & Co. KG
ProSiebenSat.1
Media AG
Universal Studios
Networks
Deutschland GmbH

35.10
46.20

33.30
46.00

98.60
25.30

99.00
21.80

30.00
85.10

39.10
86.10

71.00

71.00

57.00

55.00

>20.00

>20.00

36.00

46.00

18.00

30.00

45.00

55.00

66.50

72.70

48.20

53.40

83.30

85.90

30.00

35.00

02.00

05.00

20.00

10.00

Super RTL RTL DISNEY

33.70

38.20

100.00

100.00

66.00

81.60

Fernsehen GmbH &
Co. KG

50

Cha n nel s B ro a dca st e r

A. European works

B.
Independent
producers
1999
No data
available
02.00

2000
No data
available
03.00

C.
Recent works
(% of B)
1999
No data
available
99.00

2000
No data
available
99.00

1999
No data
available
68.00

2000
No data
available
68.00

71

51

71

50

0

87

0

88

98

88

99

96

VH-1

VIVA

VIVA 2

VOX

VH-1 Television
GmbH
VIVA Fernsehen
GmbH & Co. KG
Viva Fernsehen
GmbH & CoKG
Vox Film- und
Fernseh GmbH &
CoKG

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

13th Street

This  is  a  pay-TV  channel  which  began  transmitting  in  August  1998  and  still  has  considerable
dissemination problems.

Kabel 1

Because  of  its  programme  orientation,  Kabel  1  has  broadcast  only  a  small  proportion  of  European
works to date (mainly westerns and police series).

N 24

News channel which only began broadcasting in 2000.

Première

Première  is  pay-TV  channel  whose  quota-relevant  proportion  is  focused  on  feature  films.  The
broadcaster does not yet have a sufficient supply of European works.

Pro Sieben

This channel missed the 50% target by only 4% in 2000.

RTL2

With a growing percentage of European works, this channel missed the 50% target by only 4% in 2000

Studio Universal

This  is  a  pay-TV  channel  which  only  began  transmitting  in  September  1999  and  has  an  increasing
proportion of European works.

51

Super RTL

This channel is one of the newer German broadcasters, and has an increasing proportion of European
works.

2. Independent producers

Phoenix

Because of the channel’s structure, there is little opportunity to contract out productions.

VIVA

Because of the channel’s structure, there is little opportunity to contract out productions.

VIVA 2

Because of the channel’s structure, there is little opportunity to contract out productions.

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

The competent authorities are in permanent dialogue with the broadcasters.

D) FURTHER COMMENTS

Phoenix

Phoenix’s  low  proportion  of  independent  productions  is  due  to  the  fact  that  it  is  a  special-interest
channel: two thirds of its programmes consist of "event broadcasts" and discussion programmes, which
by  their  nature  are  in-house  productions  and  can  not  be  commissioned  from  independent  producers.
Besides,  barring  a  few  exceptions  at  the  weekend,  documentaries  are  not  rebroadcast  after  midnight,
and this automatically reduces the quota of independent European productions as a proportion of total
broadcasting time.

DSF

Quota for recent works (point C) over 50%; owing to the short quota-relevant broadcasting time, more
precise figures were difficult to obtain.

Kabel 1

Low ratings.

n-tv

No data available (news channel).

Super RTL

Low ratings.

52

VH-1 - VIVA - VIVA2

These are music channels.

53

A) STATISTICAL STATEMENT

DENMARK

1. Summary table

Number of channels

7

2. Proportions (%)

Channels

Broadcaster

DR
DR
TV 2
TV 2

DR 1
DR 2
TV 2
TV 2 Zulu
TvDanmark Broadcast
Danmark
CIAC
Pay Per View

DK 4
TV BIO+

Reference period
Calendar years 1999/2000

Method
Survey

European works
(EW)
1999
81
88
65

Independent
producers (IP)
1999
16
12
87

36

100

66

20

2000
82
86
59
41
42

100
68

2000
14
14
98
99
84

20
83

Recent works (RW)

1999
63
86
90

68

100

2000
70
72
89
93
79

100
25

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

The proportion of European works broadcast by TvDanmark increased from 20% and 25% in 1997 and
1998 to 36% and 42% in 1999 and 2000. Similarly, the proportion of independent productions has risen
since 1997-1998. According to TvDanmark, the provisional figures for 2001 show that there has been a
further increase in the proportion of European works in the broadcasting schedule.

2. Independent producers

Not reported

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

Not reported

D) FURTHER COMMENTS

TV 2’s eight regional television stations broadcast between 30 minutes and one hour a day in slots on
TV 2. They mainly broadcast news and magazine programmes produced locally. The statistics do not
take account of these programmes.

Both DR and TV 2 say that, in defining independent producers, they have used the definitions of parent
and subsidiary company from the field of company law (see §2 of the Act on public limited companies
(aktieselskabslov)  and  §2  of  the  Act  on  private  limited  companies  (anpartsselskabslov)).  TV  2  Zulu
began broadcasting on 15 October 2000. TV Bio+ began broadcasting on 1 January 2000.

54

The  following  television  stations  had  a  broadcasting  licence  in  1999-2000  but  have  discontinued
broadcasting: DSTV, Eurotica Rendez-Vous, Pay Per View, TV Bio.

The  following  television  stations  are  not  included  in  the  statistics:  Dan  Toto  Racing  Live  —  only
broadcasts sports news. Mesopotamia Broadcast — only broadcasts programmes in Kurdish.

55

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
11

2. Proportions (%)

Channels

Broadcaster79

GREECE

Reference period
Calendar years 1999/2000

Method
Survey

A
European works (EW)
2000
1999

B
Independent producers (IP)
2000

1999

ΕΤ-1

NET

ERT-3

ALPHA

ANTENNA

ALTER
CHANNEL
TEMPO

STAR

SEVEN TV

ERTAE

DORIFORIKI

ALPHA 
TILEORASI A.E
ANTENNA TV A.E

ELEVTHERI  TILEORASI
A.E
NEO 
KANALI
RADIOTILEOPTIKI  A.E.
_ TEMPO TV
NEA TILEORASI A.A

SEVEN  RADIOFONIKI
KAI TILEOPTIKI A.E.

MAKEDONIA TILEOPTIKES

MEGA

EPICHIRISSIS A.E.
KARAVASSILI  BROS  &
CO A.E.
TILETYPOS 
TILEOPTIKON
PROGRAMMATON

A.E.

Time
+5051
*7084
+6360
*6655
+3066
*5110
+2254
*3955
+3620
*6005
+6516
*6960

+3359
*6469
+2654
*3099
+4084
*4501

+4980
*5352

%
71

95.56

60

57

60.28

93.74

51.9

85.65

91

93

Time
+4959
*6904
+6796
*7086
+3581
*5510
+2216
*3820
+4024
*6024
+7745
*8064
+361
*638

+3487
*6625
+3884
*4371
+3861
*4565

+3825
*4386

Time
683

2274

511

564

1550

670

%
72

95.90

65

58

61.36

96.04

56%

52.6

1548

88.85

85

171

417

%
13.5

34.16

10

25

25.81

10.2

46

5.51

10

Time
668

2338

551

554

1870

805

129.6

416

555

533

C
Recent works (RW)

%
13.5

1999

Time
93

%
14

32.99

1903

83.68

10

25

51

62

9.25

11

2000

Time
88

1889

55

67

%
13

80.79

10

12

28.51

1200

77.41

1500

80.21

10.2

20.3

12

14.28

12

888

171

209

57

100

50

57.9

118

400

99

44.7

28

72.7

19

87.2

1642

30.7

1570

35.8

740

45.1

1102

70.2

79

(+) transmission time of European works
(*) actual programme transmission time

56

                                                
B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

No observations

2. Independent producers

No observations

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

Not reported

D) FURTHER COMMENTS

None

57

A) STATISTICAL STATEMENT

1. Summary table

Number of channels

2. Proportions (%)

SPAIN

Reference period
Calendar years 1999/2000

Method
80

National and regional analogue terrestrial channels

Channels

Broadcaster

ENTE PÚBLICO RTVE

“La

TVE-1 
Primera”
TVE-2 “La 2”

Telecinco

Antena 
Televisión

3

Canal +

TV3
Canal 33

Canal Nou
Punt 2

Televisión  de
Galicia

Telemadrid

GESTEVISIÓN CINCO. S.A.

ANTENA-3 TELEVISIÓN. S.A.

SOGEGABLE. S.A.

TELEVISIÓN DE CATALUNYA

TELEVISIÓN VALENCIANA

TELEVISIÓN DE GALICIA. S.A.

TELEVISIÓN AUT. MADRID. S.A.

European works
(EW)

1999

2000

Independent producers
(IP)

Recent works
(OR)

1999

2000

1999

2000

51.89

56.63

35.89

36.11

10.35

11.32

56.28

61.38

44.31

39.91

12.40

14.73

45.40

51.60

42.42

50.20

39.37

48.17

58.20

64.40

42.00

54.00

20.74

31.16

51.8

51.7

21.3

20.1

16.7

15.8

53.00
67

54.10
64.90

50.00
63

58.40
63.60

31.00
28

42.10
61.50

34.00
29

44.10
62.20

20.00
8

35.00
38.70

22.00
9

39.30
40.00

71.00

70.00

15.00

15.70

15.00

15.70

64.70

67.40

10.40

12.10

5.50

6.50

80

It  should  be  noted  that  the  figures  were  obtained  primarily  by  two  different  data  collection  methods,  which  are
explained  below.  The  DIRECCIÓN  GENERAL  PARA  EL  DESARROLLO  DE  LA  SOCIEDAD  DE  LA
INFORMACIÓN then carried out an analysis (including, if need be, contact with broadcasters and the Regions –
“Autonomous Communities”- where the data provided by them differed significantly from those gathered directly
by  this  Department  through  a  specialized  company)  and  an  appraisal  for  the  final  report.  The  data  collection
method used was based on two sources of information, namely:

1. According to a contract signed between this Unit and a company specialized in the TV sector, the latter compile
and  collate  the  information  required  annually  on  European  quotas  following  the  instructions  it  was  given.
However,  in  the  new  contract  (currently  being  prepared)  it  is  expected  to  gather  monthly  information  on  this
subject.

2.  Following  a  prior  request  by  this  Department,  suprarregional  broadcasters  (which  are  under  central  State
jurisdiction), and the Autonomous Communities (in the case of TV operators under their respective jurisdictions)
collect and send us the data on European quotas.

58

                                                
E.P. RADIOTELEVISIÓN VASCA

E.P. RADIO and TV. ANDALUCÍA

ETB-1
ETB-2

Canal Sur
Canal  2  de
Andalucía

Digital channels

Channels

Broadcaster

ANTENA-3 TEMÁTICA/GT 2000

MULTIPARK MADRID. S.A.

TURNER BROADCASTING SYSTEM
ESPAÑA. S.L.

AXN SPAIN LLC

TVE (Special interest channels)

COSMOPOLITAN IBERIA

FOX KIDS ESPAÑA. S.L.

INDEPENDIENTE  DE

COMPANÍA 
TELEVISIÓN (C.I.T. S.L)
Special interest channels
Start of transmission: 31.1.1997

DISNEY  CHANNEL  ESPAÑA  SAU
(taken  over  by  THE  WALT  DISNEY
COMPANY  IBERIA.  S.L.  on  1 August
2000)

Canal
Campero

Telemadrid.
SAT
Canal Cocina

TCM  (Turner
Classic
Movies)
(start of
transmission:
1.9.1999)

AXN

Cine Paraiso
Alucine
Clásico
Hispavisión
Nostalgia

Cosmopolitan
(start of
transmission:
1.03.2000)

Fox Kids

Cinemania
Canal Viajar
Canal Estilo
Documania

Disney
Channel

90.50
50.30

68.00
80.50

83.60
57.90

74.30
84.20

24.00
27.50

24.50
21.80

22.00
24.80

22.00
18.10

11.50
14.20

12.00
12.50

12.00
14.40

11.50
11.00

European works
(EW)

1999

2000

Independent
producers (IP)
1999

2000

Recent works
(RW)

1999

2000

100

100

13.95

13.95

13.95

13.95

100

93

20

96

90

30.66

100

93

20

96

90

100

93

30.66

0

96

90

0

22.50

27.70

7.9

7.5

5.8

6.2

70.77
37.45
85.63
85.45
94.20

65.61
32.04
91.51
91.06
92.37

68.63
35.61
28.9
27.15
13.52

52.27
27.21
30.75
58.84
11.63

3.59
3.46
16.33
9.47
2.63

13.33
5.46
12.83
7.56
5.72

None

60.90%

None

60.90%

None

45.20%

38.70%

44.90%

38.50%

44.80%

17.41%

29.17%

30.90%
90.57%
57.40%
67.10%

37.70%
81.89%
68.60%
63.20%

23.51%
46.84%
28.00%
59.70%

27.20%
41.05%
33.00%
55.73%

6.48%
32.01%
21.00%
57.30%

10.85%
30.57%
15.00%
52.14%

18.61%

24.53%

10.62%

15.56%

6.46%

10.24%

59

Channels

Broadcaster

European works
(EW)

1999

2000

Independent
producers (IP)
1999

2000

Recent works
(RW)

1999

2000

PARAMOUNT  COMEDY  CHANNEL
ESPAÑA. S.L.

NICKELODEON  INTERNATIONAL.
L.T.D.

PLANETA 2010. S.L.

UNIVERSAL  STUDIOS  NETWORKS
ESPAÑA. S.L.

DTS 
DE
DISTRIBUIDORA 
TELEVISIÓN  DIGITAL  S.A.  (VÍA
DIGITAL)

QUIERO TV et VÍA DIGITAL
(data: from 19-6-2000 to 31-12-2000)

MULTITHÉMATIQUES 
S.L.

ESPAÑA.

Paramount
comedy

Nickelodeon

Beca
Geoplaneta
TV

Calle 13
Studio
Universal

Gran Vía
Gran Vía 2
Gran Vía 3
Cine 600

Factoria 
Ficción

de

Cineclassics
España. S.
Seasons
España. S.L.

51.10%

55.30%

43.50%

43.34%

33.30%

38.40%

2.10%

19.80%

0.00%

16.40%

0.00%

7.80%

*****
*****

60.00%
90.00%

*****
*****

41.96%
32.18%

*****
*****

25.20%
24.70%

10.60%
None

16.89%
9.13%

10.60%
None

16.89%
9.13%

0.58%
None

3.83%
0%

40.06%
25.55%
66.36%
25.85%
35.33%
58.18%
100.00% 100.00%

25.55%
25.00%
35.33%
100.00%

40.06%
66.36%
58.18%
100.00%

25.55%
25.00%
35.33%
0.13%

40.06%
66.36%
58.18%
4.47%

No data

93.00%

No data

70.00%

No data

36.00%

55.60%

51.60%

52.00%

49.00%

5.26%

5.05%

79.00%

85.00%

78.00%

84.00%

46.00%

63.00%

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

See below

2. Independent producers

See below

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

See below

60

D) FURTHER COMMENTS

In order to present the data of the different television operators under Spanish jurisdiction as clearly as
possible,  two  questionnaires  were  produced:  one  for  analogue  terrestrial  channels,  either  national  or
regional, and another for digital terrestrial and satellite channels.

In the case of the latter category, although some failed to reach the percentage set by Articles 4 and 5 of
the Directive, it should be noted that Spanish law provides for two exceptions in this area: 40% of air
time to be allocated to European works during the first year of transmission (first transitional provision)
and  aggregation  for  the  purposes  of  quotas  of  all  of  the  pay  channels  offered  to  subscribers  in  one
inseparable bundle (Article 7(2)).

Where operators have  failed to reach the  required  percentage,  the  Spanish  government  will  therefore
provide  all  concerned  with  the  information  concerning  their  programmes,  while  officially  requesting
that all necessary steps be taken to rectify the situation during this and coming years.

61

FRANCE

A) STATISTICAL STATEMENT

1. Summary table

Number of channels

Reference period

Method

54 in 1999
59 in 2000

Calendar years 1999/2000

Monitoring of daily programme for terrestrial
channels, survey for cable

2. Proportions (%)

a) Terrestrial channels

Channels

Broadcaster

European works (EW)

Independent producers
(1) (IP)

Recent works
(RW)

France 2

France 3

La 5ème

TF1

Canal +

M6

France Télévision

France Télévision

France Télévision

Télévision Française 1

Canal + SA

Métropole Télévision

1999
77.3

69.4

85

65.5

61.1

63.8

2000
78.1

71.4

86.1

66.4

65.2

63.9

1999
17.9

20.6

11.4

13.5

12.7

17

2000
15.1

18.9

13

14.8

13.1

17.3

1999
100

100

100

100

100

100

2000
100

100

100

100

100

100

(1) Independent productions calculated as a percentage of company turnover

b) Cable services (%)

NR: not reported
(a): as a proportion of transmission time
(b): % of programming budget

Channels

Broadcaster

European works (EW)

Independent producers
(IP)

Recent works (RW)

AB1(a)

Action(a)

Animaux(a)
Automobile(a)
devenu 
Moteurs
Canal J(a)

AB

Canal Jimmy(a)
Chasse 
Pêche(a)

et

ABsat SA

ABsat SA

ABsat SA

ABsat SA

Canal J SA

Canal Jimmy SA

ABsat SA

1999

25%

20%

67%

71%

51%

NR

71%

2000

30%

23%

70%

88%

55%

45%

71%

1999

25%

19%

67%

71%

47%

NR

48%

2000

19%

21%

70%

84%

49%

42%

69%

1999

24%

NR

67%

71%

33%

NR

48%

2000

19%

100%

70%

84%

26%

21%

69%

NR: not reported
(a)

:

as a proportion of transmission time

62

                                                
Channels

Broadcaster

European works (EW)

Independent producers
(IP)

1999

2000

1999

Cinémas -
Cinémas2 -
Cinémas 3(a)
Ciné Classics(a)

Ciné Palace(a)

Cinéfaz(a)

Cinéstar 1(a)

Cinéstar 2(a)

Cinétoile (a)

Comédie ! (b)
Disney
Channel(a)
Encyclopédia(a)

Escales(a)

Equidia(a)

Festival(a)

Ciné-Cinéma

Cable
SA
Ciné-Cinéma
Cable SA

ABsat SA

TPS Cinéma

TPS Cinéma

TPS Cinéma

TPS Cinéma

SECC

Disney  Channel
France SA

ABsat SA

ABsat SA

Paris 
Urbain (PMU)

Mutuel

France Téléfilms

Forum Planète(b)

Planète Cable SA

Fox Kids(a)

Fun TV(a)

histoire(a)

Kiosque(a)

KTO(a)

Fox Kids France

Fun TV SNR

Histoire SA

Kiosque SNR

Association
Notre  Dame  de
Paris

Channel

La 
Histoire(a)
M6 Music(a)

ABsat SA

EDI TV

NR

NR

76%

24%

45%

43%

48%

77%

57%

71%

74%

/

NR

90%

54%

NR

40%(b)

32%

/

63%

70%

48%

52%

89%

45%

52%

49%

55%

74%

58%

73%

84%

89%

82%

100%

55%

82%

93%

57%

92%

63%

68%

NR

NR

76%

100%

100%

100%

100%

13%(b)

65%

71%

74%

/

NR

50%

23%

NR

16%(b)

NR

/

63%

60%

2000

25%

100%

89%

100%

100%

100%

100%

12%(b)

54%

69%

69%

72%

82%

0%

28%

59%

86%

NR

72%

63%

59%

Recent works (RW)

1999

2000

NR

NR

NR

36%

50%

48%

1%

7%

100%

NR

67%

63%

63%

14%

54%(b)

69%(b)

50%

71%

74%

/

55%

50%

10%

NR

NR

NR

/

60%

60%

73%

69%

69%

64%

55%

0%

24%

59%

48%

NR

46%

63%

28%

(b):

% of programming budget

63

                                                
Channels

Broadcaster

European works (EW)

Mangas(a)

Absat SA

MCM Euromusique(a)

Euromusique SA

Mezzo(a)

Monte Carlo TMC(a)

Multivision(a)

France
Télémusique
Monégasque  des
ondes

Telcarte SA

Musique Classique(a)

Absat SA

Muzzik(a)

Odyssée(a)

Paris Première(a)

Planète(a)

Planète 2

Polar(a)

RFM TV(a)

Rire(a)

Romance(a)

Santé Vie(a)

Seasons(a)

Série Club(a)

Télétoon(a)

Téva(a)

T.F.J.

13ème Rue(a)

TV5(a)

Voyage(a)

XXL(a)

Euromusique SA

Société
d’exploitation  de
documentaires
SA
Paris 
SA

Première

Planète Cable SA

Planète Cable SA

ABsat SA

ABsat SA

ABsat SA

ABsat SA

Santé Vie

Multithématique
SA
Extension 
SA

TV

TPS Jeunesse

Sedi TV SNR

Télévision
Française Juive
Société Universal
Studios Channels
France
Société
Satellimages
TV5

SAS Voyage

ABsat SA

1999

33%

NR

93%

NR

NR

97%

NR

2000

34%

NR

98%

67%

44%

96%

NR

Independent producers
(IP)

1999

2000

31%

34%

98%

91%

NR

NR

97%

72%

100%

97%

54%

100%

96%

65%

Recent works
(RW)

1999

75%

60%

NR

NR

NR

97%

15%

2000

100%

62%

32%

71%

39%

96%

18%

76%

46%

72%

72%

30%

30%

88%

76%

/

62%

74%

68%

61%

/

90%

59%

62%

NR

/

76%

70%

70%

43%

43%

60%

69%

80%

77%

60%

NR

51%

NR

87%

62%

/

62%

74%

68%

61%

/

80%

40%

100%

NR

/

76%

65%

65%

43%

43%

60%

69%

24%

70%

47%

56%

47%

NR

NR

56%

/

NR

74%

NR

NR

/

70%

17%

71%

NR

/

62%

41%

41%

NR

32%

NR

NR

47%

60%

85%

56%

42%

NR

17%

34%

100%

100%

34%

62%

95%

82%

79%

88%

NR

91%

NR

41%

79%

NR

NR

NR

91%

85%

100%

NR

NR

100%

64

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

In 1999, 10 services did not achieve the minimum proportion for European works; in 2000, 12 services
did not comply, but five of these came close with more than 45%.

These were mainly channels dedicated to cinema (the three Ciné Cinémas services 1, 2, and 3, which
are  more  or  less  identical,  Cinéfaz,  which  was  set  up  in  1999  in  the  recent  cinema  niche,  Polar  and
Action from the ABsat Group, and the pay-per-view channels from Multivision, which has managed to
increase  its  proportion  of  transmission  time  dramatically  from  16%  in  1998  to  44%  in  2000,  and
Kiosque with 32% in 1999).

On the whole, the percentage of European works is increasing in an area where only seven of the 59
services are really experiencing difficulties.

2. Independent producers

Calculated either according to broadcasting time (a) or programme budget (b), the percentage reserved
for European works by independent producers has been observed by all services, with the exception of
Forum Planète.

This offshoot of the documentary channel Planète changed its programmes in September 1999 to show
only  repeat  broadcasts  of  debates  which  it  produces  itself,  to  tie  in  with  the  reports  broadcast  on
Planète. Given the relative failure of this formula, the management stopped this format in autumn 2001.

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

The various services which had not achieved the percentages required by  French rules in 1997, 1998
and 1999 were issued with  formal demands to  comply  with broadcasting  proportions  of transmission
times in future.

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

On 13 November 2001, the Conseil supérieur de l’audiovisuel (broadcasting standards council) opened
proceedings  against  nine  channels  for  not  complying  with  the  broadcasting  quotas  for  2000:  AB  1,
Action,  Canal  Jimmy,  Ciné  Cinémas  1,  Ciné  Cinémas  2,  Ciné  Cinémas  3,  Cinéstar  2,  Mangas  and
13ème Rue.

Cinéfaz,  Multivision  and  Polar  also  received  formal  demands  to  comply  with  quotas  for  European
works in future.

D) FURTHER COMMENTS

None

65

IRELAND

A) STATISTICAL STATEMENT

1. Summary table

Number of channels

4

2. Proportions (%)

Channels

Broadcaster

RTE

RTE

RTE 1

Network 2

Teilifis  na
Gaeilge
TV 3

TG 4

TV 3

Reference period
Calendar years 1999/2000

Method
Comprehensive data

European  works
(EW)
1999
3558
56%
3591
57%
3049
71%
2967
49,5%

2000
4063
58%
4004
59%
2782
66%
3583
49%

Independent
producers (IP)
1999
1103
17%
1185
19%
2793
65%
909
15%

2000
1253
18%
1325
19%
2526
60%
1406
19%

Recent works (RW)

1999
100

100

100

100

2000
100

100

100

100

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

Not reported

2. Independent producers

Not reported

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

None reported

D) FURTHER COMMENTS

Please note:

(a) the data are comprehensive for each year and not based on samples;

(b) in the case of RTÉ and Teilifis na Gaeilge, the definition of an independent producer is that set out
in  section  5  of  the  Broadcasting  Authority  (Amendment)  Act,  1993,  which  deems  a  producer  to  be
independent  of  broadcasters  if  the  producer  has  control  over  the  making  of  the  programme  and  is
neither a subsidiary nor a holding of a broadcaster;

(c)  with  regard  to  TV3,  the  definition  of  an  independent  producer  is  that  set  out  in  the  suggested
guidelines for the monitoring of the implementation of the “Television without Frontiers” Directive.

66

ITALY

TERRESTRIAL BROADCASTERS

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
11 terrestrial channels

Reference period
1999-2000

Method
Columns A and C: Monitoring
Column B: Self-certification

2. Proportions (%, programming and investment

Concession
holder

Channels

A. European works
(EW)

B. Independent
producers(IP)81

RAI – SpA
RAI – SpA
RAI – SpA
RTI SpA
RTI SpA
RTI SpA
Prima TV SpA
Europa TV SpA

RAI Uno
RAI Due
RAI Tre
Canale 5
Italia Uno
Retequattro
Tele+ Nero83
Tele+
Bianco84

TV Internazionale TMC/ LA 7
BetaTelevision srl TMC 2
Rete A
Rete A Spa

1999
77.28
75.54
80.15
64.80
41.25
56.35
34.77
38.67

43.86
80.81
53.82

2000
78.64
70.54
86.91
60.27
39.66
59.87
38.87
41.77

57.83
86.01
70.52

1999
20.5
36.9
23.9
10.12
12.05
23.50
19.47
20.14

39.3
28.7
36

C. Recent works
(RW)82
1999
63.34
76.18
72.83
78.78
49.15
48.11
86.07
95.34

2000
69.65
77.56
81.85
89.66
57.03
50.38
96.7
97.18

47.5
81.64
99.33

45.55
88.36
99.33

2000
17.6
29.4
22.7
14.03
12.28
26.57
18.26
20.59

27.7
23.99
19

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

The percentage of European works and recent works scheduled by Italia 1 in 1999 and 2000 did not
meet the quota; the same applies to Retequattro. However, since both channels, together with Canale
5, belong to R.T.I. Spa within  the  meaning  of  Article 2(4) of Decision  9/99/CONS, compliance with
the quota is checked on the basis of the three channels taken together. Bearing that in mind, as shown
in the table below, the scheduling of R.T.I. Spa complies in all respects with the relevant rules.

81

82

83

84

The  national  television  broadcasters  reserve  as  a  rule  at  least  10%  of  broadcasting  time  for  European  works  by
independent producers, excluding time devoted to news, sports events, game shows, advertising, teletext services,
talk  shows  and  teleshopping.  The  public-service  concession  holder  reserves  a  minimum  quota  of  20%  for  such
works.
Within the meaning of Article 2 of Law 122/98, the percentage in column C was calculated as follows: hours when
recent works (past five years) were scheduled in relation to the total scheduling hours for European works.
Formerly Telepiù Uno.
Formerly Telepiù Due.

67

                                                
A – 1999 scheduling subject to
SRs

B –
European
works

% (B/A)

C – Recent
works

% (C/B)

Canale 5

Italia 1

Rete 4

Total

4969

6464

5897

17330

3220

2666

3323

9209

65%

41%

56%

53%

2537

1310

1599

5446

79%

49%

48%

59%

N.B. : The percentages have been rounded to the nearest whole number.

A – 2000 scheduling subject to
SRs

B –
European
works

% (B/A)

C – Recent
works

% (C/B)

Canale 5

Italia 1

Rete 4

Total

4990

6286

6265

17541

3007

2493

3751

9251

60%

40%

60%

53%

2697

1422

1889

6008

90%

57%

50%

65%

N.B. : The percentages have been rounded to the nearest whole number.

It also seems that TMC (now "La7"), belonging to Tv Internazionale Srl, did not comply with the quota
for  European  works  in  1999  and  for  recent  works  during  the  period  1999–2000.  In  this  case  too,
however, the above-mentioned Article 2(4) of Decision 9/99/CONS applies and it is necessary to check
whether all the channels controlled by the SEAT–Cecchi Gori group taken together have complied with
the  quota.  By  including  the  group's  second  channel  in  the  survey  (TMC2  (now,  MTV  Italia)),  the
quotas have clearly been met in full, as shown in the table below.

– 

A 
1999 
subject to SRs

scheduling

B – European
works

% (B/A)

C – Recent
works

TMC

TMC2

Total

4888

1770

6658

2143

1431

3574

44%

81%

1018

1168

54%

2186

61%

N.B. : The percentages have been rounded to the nearest whole number.

% (C/B)

48%

82%

– 

A 
2000 
subject to SRs

scheduling

B – European
works

% (B/A)

C – Recent
works

% (C/B)

TMC

TMC2

Total

5227

2219

7446

3023

1909

4932

58%

86%

66%

1376

1686

3062

46%

88%

62%

68

N.B. : The percentages have been rounded to the nearest whole number.

For the reasons outlined above (the need to survey the data on individual channels in the light of the
figures  for  all  the  channels  controlled  by  a  single  operator),  Tele+  Bianco  and  Tele+  Nero,  which
appear  not  to  comply  with  the  quota  for  European  works,  will  be  checked  in  conjunction  with  the
survey of the Tele+ group's satellite channels (please see below).

Moreover,  Tele+  Grigio  stopped  terrestrial  broadcasting  from  1998  and  now  broadcasts  only  by
satellite.  The  channels  and  data  on  its  broadcasting  quotas  are  therefore  included  under  satellite
broadcasters.

2. Independent producers

Under Article 2(3) of Law No 122/98 transposing the "Television without Frontiers" Directive, national
concession  holders  are  required  to  transmit  a  minimum  10%  (20%  for  RAI)  of  European  works  by
independent producers and, under Article 2(5), to invest, by purchasing or producing, no less than 10%
(20% for RAI) of their own net annual revenue from advertising in European works, including works
by independent producers.

The  national  concession  holders  supplied  the  data  on  the  independent  producers'  European  quotas
directly on the basis of self-certification; similarly, the data on investment quotas.

Investment quotas in
European works in 1999
COMPANY/GROUP

CHANNELS

NUMBER OF
CHANNELS

COMPULSORY
INVESTMENT QUOTA

SELF-CERTIFIED
INVESTMENT
QUOTA

Rai spa

R.T.I.

Cecchi  Gori  Communications
spa

Telepiù spa

Rete A srl

Raiuno
Raidue
Raitre
Canale 5
Italia 1
Rete 4
Tmc -
Tmc2 -
Tele+ Bianco
Tele+ Nero
Rete A

3

3

2

2

1

20%85

10%86

10%87

10%88

10%89

23%

46%

24.6%

1.223.67%

34.7%

Investment quotas in European works in 2000

COMPANY/GROUP

CHANNELS

NUMBER OF
CHANNELS

COMPULSORY
INVESTMENT QUOTA

SELF-CERTIFIED
INVESTMENT
QUOTA

Rai spa

Raiuno
Raidue
Raitre

3

20%90

25.4%

85

86

87

88

89

90

20% of proceeds from the net annual licence fees in audiovisual works.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
20% of proceeds from the net annual licence fees in audiovisual works.

69

                                                
R.T.I.

Cecchi Gori
Communications spa

Telepiù spa

Rete A srl

Canale 5
Italia 1
Rete 4

Tmc
Tmc2
Tele+ Bianco
Tele+ Nero

Rete A

3

2

2

1

10%91

10%92

10%93

10%94

42.1%

58.9%

1.672.9%

44.9%

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

No action vis-à-vis terrestrial broadcasters appeared necessary.

D) FURTHER COMMENTS

None

SATELLITE BROADCASTERS

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
56 satellite channels

Reference period
1999-2000

Method
Self-certification

91

92

93

94

10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.
10% of net revenue from advertising in producing and purchasing European audiovisual programmes.

70

                                                
2. Proportions (%, programming and investment)

Company

Satellite channels

– 

Coming Soon Television

Class Financial Network
Digitaly – Italian channel

Class
Network

Topshop
Super 1
Polonia 1
Telegenova sat

Anicaflash srl
CFN 
Financial 
Spa
Digitaly Spa
Disney Channel Italia Disney Channel
Eurocast Italia Srl
Eurocast Italia Srl
Eurocast Italia Srl
Eurotelevision Spa
Fin.  Ma.Vi  –  Gruppo
Cecchi Gori
Fox Kids Italy srl (b)
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Kidco Service Srl
Mediadigit spa

Cinemovie
Fox Kids
ART Variety M.E.
ART Children E.U.
ART Movie
ART Music
ART IQRAA
ART Sport
Nile Variety
LBC Europe
Nile Drama
Algeria Tv
Duel
Comedy  Life  (ex  Comedy
House)
Happy Channel

-

-

-

-

-

-

Mediadigit spa
Mediadigit spa
Multithématiques 
Canal Jimmy srl -
Multithématiques 
CineCinemas srl -
Multithématiques 
CineCinemas srl -
Multithématiques 
CineCinemas srl -
Multithématiques 
Planete srl -
Multithématiques 
Seasons srl -
Rete Blu spa
Sitcom - Nuvolari Srl
Sitcom - Galileo Srl
Sitcom - Leonardo Srl

Canal Jimmy

Cine Cinemas 1

Cine Cinemas 2

Cineclassics

Planete

Seasons
Sat 2000
Nuvolari
Galileo
Leonardo

A.
European
works (EW)
1999
8.5
n.o.

2000
8.5

B.
Investment95

1999
n.d
n.o.

2000
n.a.

C.
Recent 
(RW)

1999
8.5
n.o.

93
-
28
0
39.38
26
82.2

66
36
0
0
0
0
0
0
0
0
0
0
12
25

73
58

65

66

53

63

99

55
n.o.
n.o.
n.o.

-
20
n.o.
n.o.
n.o.
n.o.
-

n.o.
0
0
0
0
0
0
0
0
0
0
n.o
n.o

70
59

55

53

47

57

70

54
n.o.
n.o.
n.o.

-
n.a.

n.o.

n.o.
n.a.

n.o.

n.a.
-
n.a.

-

75

n.a.
0

0

0

n.o.
n.o.

n. a.

n.a.
n.a.

n.a.

100#

100#

46
99

36
100

-
19
n.o.
n.o.
n.o.
n.o.

n.o.
0
0
0
0
0
0
0
0
0
0
n.o.
n.o.

30
25

8

6

9

25

37

59
n.o.
n.o.
n.o.

works

2000
8.5

100
-
27
0
47.82
56
77.2

22
37
0
0
0
0
0
0
0
0
0
0
36
44

33
34

17

17

16

42

100

51
n.o.
n.o.
n.o.

95

The  national  concession  holders  reserve  as  a  rule  at  least  10%  of  broadcasting  time  for  European  works  by
independent producers, excluding  time  devoted  to  news,  sports  events,  games,  advertising,  teletext  services,  talk
shows and teleshopping. For the same works, the public-service concession holder reserves a minimum 20% quota
for independent producers.

71

                                                
Company

Satellite channels

Sitcom  -  Marcopolo
spa -
Sitcom - INN spa -
Sitcom spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Stream Spa
Team TV Spa
Team TV Spa
Tele+ Prima TV

Tele+ Prima TV

Tele+ Prima TV
Tele+ Omega TV
Tele+ Europa Tv

Marcopolo
Italia Network News
Giotto
TVL
DSN
Promo
Canale Viaggi
Stream Calcio 1
Stream Calcio 2
Stream Calcio 3
Stream Calcio 4
Stream Calcio 5
Stream Calcio 6
Stream Calcio 7
Stream Calcio 8
Anteprima
Stream News
Stream Verde

Tele+ Grigio

Tele+16/9
Tele+ Nero
Palco
Tele+ Bianco

Key:

A.
European
works (EW)
1999
85

2000
76

B.
Investment95

1999

2000

C.
Recent 
(RW)

1999
95

works

2000
100

100
n.o.
-
-
-
-
-
-
-
-
-
-
-
-
-
0
0
48.82

-
n.o.
-
-
-
-
-
-
-
-
-
-
-
-
-
0
0
54.37

46.13

41.18

34.77
45.91
38.67

38.87
42.74
41.77

100
n.o.
-
-
-
-
-
-
-
-
-
-
-
-
-
0
0
96.53

-
n.o.
-
-
-
-
-
-
-
-
-
-
-
-
-
0
0
95.4

97.24

97.3

86.07
100
95.34

96.7
100
97.18

100#

100#

0

0

100#

100#

n.o.:  not  operational:  the  channel  started  operating  from  2000,  so  no  data  is  available  for  1999  when  it  was  not
operational.

n.a.: not applicable: the channels did not have any advertising revenue so are not required to invest.

100#: the amounts invested by the broadcasters in the purchase and production of European workers were greater than the
advertising revenue.

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

As  shown  in  the  above  table,  some  of  the  satellite  channels  have  not  fulfilled  all  the  scheduling
requirements of the Community Directives and of the Italian transposal legislation (Law No 122/98 and
Decision 9/99/CONS of the Authority), notably:

1. Anicaflash Srl's Coming Soon Television channel has not complied with the minimum broadcasting quotas for European
works  and  recent  works:  it  states  that  it  broadcasts  for  an  average  of  two  hours  a  day  programmes  consisting  solely  of
trailers. It has also stated that it does not have any advertising revenue.

2.  The  Class  Financial  Network  channel  belong  to  Class  Financial  Network  Spa  has  been  broadcasting  since  2000
programmes  consisting  solely  of  financial  news  for  an  unbroken  24  hours  a  day;  it  states  that  it  has  no  revenue  from
advertising and has accordingly not sent any information on investment quotas.

72

3. The ground given by Disney Channel, belonging to Disney Channel Italia, for failure to comply with the minimum quotas
for European works and recent works is that it broadcasts essentially works by Disney (films, cartoons and series). It states
that it has no revenue from advertising and has accordingly not sent any information on investment quotas.

4. Digitaly Spa has not sent any data on its Digitaly – Italian Channel, nor provided any grounds therefor.

5. Eurocast Italia Srl has three channels which broadcast in Polish; they have been operating since January 2000:

Top Shop, devoted exclusively to teleshopping;

Polonia 1, broadcasting general programmes for families and women;

Super 1, broadcasting children's programmes.

Data on the broadcaster's investments have been notified only in part and not in accordance with the proper form. The time
earmarked for the scheduling of recent European works is not in line with the quotas laid down.

6.  Cinemovie,  belonging  to  Fin.Ma.Vi.  Spa  –  Cecchi  Gori  group,  shows  films  dating  from  the  1930s  to  1975.  For  that
reason,  the  broadcaster  states  that  it  is  impossible  to  comply  with  the  broadcasting  quota  for  recent  works.  As  it  has  no
advertising revenue, no data on investment quotas were notified.

7. Fox Kids Italy Srl's Fox Kids channel broadcasts solely cartoons and children's programmes for the four to fourteen age
group. The broadcasts commenced on 1 April 2000 and the broadcaster states that it has not purchased directly, nor through
its controlling company, any programmes during the period in question.

8.  The  editorial  policy  of  the  channels  belonging  to  the  Kidco  Service  Srl  group  is  to  broadcast  programmes  in  original
Arabic  solely  concerned  with  Arab–Muslim  culture.  The  broadcaster  accordingly  declares  that  no  European  productions
appropriate to its editorial policy are available.

9. The six channels listed below, controlled by Multithematiques, are all devoted to highly specific themes and this is given
as grounds for failure to meet the broadcasting quotas for recent European works both in 1999 and 2000:

Canal Jimmy's schedules are devoted to US culture of the sixties and seventies. Given that it is a special-interest channel
targeted at a limited audience, the grounds given are acceptable.

Cine Cinemas 1 is devoted to films from the fifties and nineties.

Cine Cinemas 2 is devoted to international films and festivals.

Cine Classic is devoted to black-and-white films from the twenties and sixties.

Planete is devoted solely to historical, social and anthropological documentaries.

Seasons is devoted exclusively to nature documentaries and talk shows, particularly on hunting and fishing.

10. Sitcom Spa, which controls the INN, Nuvolari, Marcopolo, Galileo, Leonardo and Giotto channels, has sent data only on
Marcopolo and INN; moreover, there were no data on 2000 for the latter. The company states in addition that the Nuvolari,
Galileo and Leonardo channels, for which authorisations were issued within the meaning of Decision 127/00/CONS, have
not yet started broadcasting, while the temporary authorisation for the Giotto channel has expired.

11.  Team  Tv  Spa,  to  which  the  two  news  channels,  Stream  News  and  Stream  Verde,  belong,  has  stated  that  it  neither
produces nor purchases European works in view of the special-interest nature of the channels; it has not notified any data on
scheduling.

12. The Tele+ Nero and Tele+ Bianco channels, broadcast by both terrestrial and satellite means and belonging respectively
to  the  concession  holders  Prima  Tv  Spa  and  Europa  Tv  Spa  (both  belonging  to  the  Tele+  group),  have  not  met  the
scheduling requirements for European works in 1999 and 2000.

73

In  accordance  with  Article  2(4)  of  the  Authority's  Decision  9/99/CONS,  however,  the  quota  for  European  works  is
determined on the basis of the overall scheduling of all the Tele+ group's channels, as shown in the table below.

Taken  together,  the  Tele+  group's  channels  broadcast  45%  of  European  works  in  1999  and  43%  in  2000  out  of  the  total
scheduling hours covered by the quotas. Accordingly, Article 2(3) of Decision 9/99/CONS is applicable: the Authority has
to assess the broadcaster's reasons for failure to meet the quota where the shortfall is more than 7% a year.

A – 1999 scheduling subject to SRs

B – European
works

% (B/A)

C  –  Recent
works

% (C/B)

Tele+Bianco

Tele+ Nero

Tele+ Grigio

Tele+ 16/9

Tele + Palco96

Total

7251

7337

3718

2500

116130

136936

2804

2551

1815

1153

53320

39%

35%

49%

46%

46%

61643

45%

2673

2195

1752

1121

53320

61061

95%

86%

97%

97%

100%

99%

N.B. : The percentages have been rounded to the nearest whole number.

A – 2000 scheduling subject to SRs

B – European
works

% (B/A)

C  –  Recent
works

% (C/B)

Tele+Bianco

Tele+ Nero

Tele+ Grigio

Tele+ 16/9

Tele+ Palco8

Total

7620

6528

6008

4988

123676

148820

3182

2537

3267

2054

52864

42%

39%

54%

41%

43%

63904

43%

3093

2453

3116

1998

52864

10660

97%

97%

95%

97%

100%

97%

N.B. : The percentages have been rounded to the nearest whole number.

13. The Duel and Comedy Life channels belonging to Mediadigit Spa (which is part of the Mediaset group) do not meet the
quotas for European works and recent works.

Under  Article  2(4)  of  the  Authority's  Decision  9/99/CONS,  however,  the  broadcasting  quota  for  European  works  is
determined  on  the  basis  of  the  overall  scheduling  of  all  the  Mediaset  group  channels,  including  terrestrial  channels,  as
shown in the tables below.

Accordingly, taken together, the Mediaset channels broadcast 58%  of  European  works  in  1999  and  50%  of  recent  works
during the total scheduling hours covered by the broadcasting quotas.

96

Tele+ Palco broadcasts pay-per-view programmes: the subscriber can select audiovisual programmes from Italian
and international films, adult films and dramas, each time paying for the individual programme viewed.

74

                                                
In  2000,  the  figures  were  46%  for  European  works  and  52%  for  recent  works.  Once  again,  therefore,  Article  2(3)  of
Decision  9/99/CONS  is  applicable:  the  Authority  has  to  assess  the  reasons  given  for  not  meeting  the  broadcasting  quota
where the shortfall is more than 7% over a year.

A – 1999 scheduling subject to
SRs

B – European
works

% (B/A)

C  –  Recent
works

% (C/B)

Canale 5

Italia 1

Rete 4

Duel

Comedy Life

Happy Channel

Total

4969

6464

5897

n.o.

n.o.

6400

23730

3220

2666

3323

n.o.

n.o.

4480

13689

65%

41%

56%

-

-

70%

58%

2537

1310

1599

n.o.

n.o.

1344

6790

79%

49%

48%

-

-

30%

50%

N.B. : The percentages have been rounded to the nearest whole number.

A – 2000 scheduling subject to
SRs

B - European
works

% (B/A)

C - Recent
works

% (C/B)

Canale 5

Italia 1

Rete 4

Duel

Comedy Life

Happy Channel

Total

4990

6286

6265

5483

5486

6488

3007

2493

3751

673

1379

4773

60%

40%

60%

12%

25%

74%

34998

16076

46%

2697

1422

1889

239

603

1555

8405

90%

57%

50%

36%

44%

33%

52%

N.B. : The percentages have been rounded to the nearest whole number.

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

Given the special-interest nature of certain  channels, the competent authority  is assessing  the  reasons
put  forward  by  the  companies  listed  below  for  failure  to  meet  the  scheduling  and  investment
requirements laid down by Law No 122/98 and Decision 9/99/CONS:

- Anicaflash Srl
- Class Financial Network Spa
- Disney Channel Italy
- Fin.Ma.Vi Spa
- Fox Kids Italy Srl
- Kidco Service Srl
- Multithematique
- Sitcom Spa

75

Stream Spa, Eurocast Italia Srl, Team Tv Spa and Digitaly Spa failed to notify scheduling figures for
European works and recent  works for 1999  and  2000,  so the  relevant  department  of  the  Authority  is
looking into whether to take steps to assess the broadcasters' failure to meet the requirements and the
grounds given with a view to possible proceedings.

D) FURTHER COMMENTS

Decision  127/00/CONS  of  1  March  2000  on  approval  of  the  “Provisions  on  satellite  broadcasting  of
television programmes” laid down rules on the activities of satellite broadcasters. In the past, as there
were no special rules, the very limited number of broadcasters operated on the basis of a statement on
the  commencement  of  operations  made  independently  to  the  Ministry  for  Communications  or  of  a
provisional  authorisation 
the  Ministry  for
Communications.

issued  for  experimental 

transmissions  also  by 

Given  the  objective  difficulty  of  setting  in  place  a  system  to  monitor  satellite  broadcasting,  the
Authority  asked  the  satellite  broadcasters  to  self-certify  data  on  compliance  with  the  scheduling  and
investment  requirements  under  Article  2  of  Law  No  122/98  and  Articles  2  and  4  of  the  Authority's
Decision 9/99/CONS.

Referring to the special-interest nature of their TV channels' editorial line, in accordance with Article 5
of  Decision  9/99/CONS,  a  number  of  broadcasters  requested  total  or  partial  derogation  from  the
scheduling  and  investment  requirements.  The  Authority  will  check  on  the  broadcasters'  compliance
with the requirements “in the  context  of the technical and objective difficulties of compliance…” and
also  “…with  a  view  to  safeguarding  the  progressive  development  of  operators  in  the  radio  and
television  industry,  the  actual  quantity  of  works  available  on  the  market,  each  broadcaster's  target
audience,  the  supply  of  programmes  in  keeping  with  the  editorial  line  and  the  network's  special
characteristics,  with  particular  reference  to  peak  viewing  time”  (Article  2(2)  of  Decision  9/99).  The
data provided by the broadcasters and the grounds given for failure to attain the minimum quotas are
now being assessed. The reasons for requesting total and partial derogations from the requirements are
also being assessed.

We would point out that satellite broadcasters,  in  contrast to terrestrial  broadcasters,  are  not required
under  Italian law  to broadcast  10%  of  European  works  by  independent  producers;  however,  they  are
required  to  reserve  at  least  10%  of  their  net  advertising  revenue  for  the  production  or  purchase  of
European audiovisual programmes, including programmes by independent producers.

76

LUXEMBOURG

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
11

Reference period
Calendar years 1999/2000

Method
Records (estimates when no records available)

2. Proportions (%)

Channels

Broadcaster

Télé

RTL 
Lëtzebuerg
RTL9
RTL TVi
Club RTL
RTL4
RTL5
RTL
Television
Grand
Tourisme
No ZAP

Liberty TV

CLT-UFA

CLT-UFA
CLT-UFA
CLT-UFA
CLT-UFA
CLT-UFA
CLT-UFA

Canal  Europe
Audiovisuel
Canal  Europe
Audiovisuel
Liberty
TV.com

European works
(EW)

Independent producers
(IP)

Recent works
(RW)

1999
100%

2000
100%

40.50%
49.10%
60.29%
56.00%
46.00%
71.00%

56.40%
54.12%
54.28%
49.00%
56.00%
71.00%

(cid:1)90%*

(cid:1)90%*

(cid:1)90%*

(cid:1)90%*

100%

1999
19.80%

33.20%
27.67%
15.79%
50.00%
36.00%
57.00%

n d

n d

-

2000
18.10%

45.10%
22.67%
21.27%
46.00%
50.00%
55.00%

n d

n d

0%

0%

1999
8.90%

4.40%
18.43%
2.63%
34.00%
26.00%
majority

n d

n d

-

0%

2000
9.60%

5.00%
13.53%
3.02%
33.00%
38.00%
majority

n d

n d

0%

0%

Nordliicht TV Nordliicht

100%

100%

0%

* estimate

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

On the whole, the various channels met their quotas. RTL4 and RTL TVi remained slightly below 50%
for one year. RTL5's shortfall in 1999 was more significant because of the channel's thematic focus, but
it more than made up for this in 2000. Each of these channels fulfilled the 'majority' quota for the whole
period 1999-2000. In addition, each of the two pairs of channels, RTL4 together with RTL5 and RTL
TVi together with Club RTL, met the target of broadcasting a majority of European works for each of
the  years  in  question.  It  must  therefore  be  concluded  that  these  channels  managed  on  the  whole  to
broadcast a percentage majority of European works.

RTL9  did  not  meet  the  target  for  European  works  in  1999,  as  it  was  undergoing  economic
restructuring, but it rectified this in 2000.

2. Independent producers

Not reported

77

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

In  view  of  the  information  given  above,  specific  measures  do  not  seem  necessary  to  ensure  future
compliance.

D) FURTHER COMMENTS

In  the  years  under  review,  Directive  97/36/EC  had  not  yet  been  transposed  in  Luxembourg.
Accordingly,  this  report  relates  to  all  channels  broadcasting  under  a  Luxembourg  licence  during  the
reference period.

78

NETHERLANDS

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
21

Reference period
Calendar years 1999/2000

Method
(*)

(*) The NOS collects the information concerning the public service broadcasters, i.e. Nederland 1, TV2 and Nederland 3, on
the basis of the total transmission time (less the time reserved for news, sport events etc.).
SBS Broadcasting B.V. used samples relating to the following weeks : 4, 18, 35, 39 (1999) and 5, 22, 27, 44 (2000).
TV10 B.V. used samples relating to the following weeks : 2, 13, 34 and 48.
Canal+ Nederland B.V. used samples relating to the first week of each quarter of the reporting period.

2. Proportions (%)

Channels

Broadcaster

European works (EW)

Independent
producers (IP)

Recent works (RW)

Ned. 1

TV2

Ned. 3

Fox  8/Fox
kids
SBS6
Net 5
Veronica
Kindernet5
TMF
The Box
Canal+1
Canal+2
Film1
Club
Avante
Innergy
Expo 24x7
Filmtime
Delta TV
Regionet
TV
Kleurnet

Radiobroadcastur du
service public
Radiobroadcastur du
service public
Radiobroadcastur du
service public
TV10 B.V.

SBS Broadcasting B.V.
SBS Broadcasting B.V.
Veronica RTV Beheer BV
Kindernet C.V.
The Music Factory B.V.
The Box Holland B.V.
Canal+ Nederland B.V.
Canal+ Nederland B.V.
UPC Programming B.V.
UPC Programming B.V.
UPC Programming B.V.
UPC Programming B.V.
UPC Programming B.V.
Casema N.V.
ZeelandNet B.V.
TV RegioNet
NoordHolland BV
Stichting Kleurnet

1999
76%

86%

83%

53%

46%
40%
49%
81%
>50%
55%
24%
17%
44%
70%
73%
-
-
-
NR
100%

2000
78%

76%

85%

51%

54%
49%
45%
70%
>50%
67%
23%
26%
49%
75%
75%
39%
76%
17%
100%
100%

100%

100%

1999
33%

48%

29%

85%

36%
11%
43%
97%
NM
NM
89%
94%
25%
56%
62%
-
-
-
NR
24%

50%

2000
34%

47%

28%

85%

32%
7%
40%
95%
NM
NM
92%
95%
34%
57%
60%
25%
52%
100%
44%
10%

1999
75%

96%

88%

72%

97%
89%
95%
58%
99%
>50%
93%
97%
13%
63%
77%
-
-
-
NR
100%

2000
82%

94%

86%

80%

97%
96%
93%
59%
99%
>50%
94%
95%
10%
52%
63%
99%
30%
>50%
100%
100%

50%

100%

100%

79

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

Scandinavian Broadcasting B.V. gave the following reasons for not reaching the percentage target on
SBS6 in 1999 : in June 1999 they discovered that they had not met the percentage target in 1997 and
1998. As a result, SBS6 changed part of their programme so they would reach the percentage target in
1999  and  2000.  The  percentage  of  European  works  has  risen  compared  with  the  previous  reference
period. Scandinavian Broadcasting B.V. started broadcasting on Net5 in 1999. It is difficult for a new
channel to reach the percentage targets. The percentage of European works rose in 2000 compared with
1999.

Veronica  RTV  Beheer  BV  (now:  Yorin  TV  BV)  gave  the  following  reason  for  not  reaching  the
percentage  target  on  Veronica  in  1999  and  2000  :  in  1999  and  2000  Veronica  devoted  their  day
programme to home shopping. Veronica is convinced that the percentage will grow again in the coming
years because they have bought more European fiction.

UPC launched a number of channels in 1999 and 2000. These channels broadcast in several countries.
For Film1 it is difficult to obtain European films. Furthermore, the rights have not been cleared for all
the  countries  in  which  Film1  broadcasts.  Innergy  is  an  alternative  lifestyle  channel.  There  are  not
enough European works available.

2. Independent producers

NM  means  “not  measurable”.  It  is  difficult  to  determine  the  origin  of  the  video  clips,  i.e.  where  the
production company was registered.

3. Recent works

Film1 is a library movie channel broadcasting films from the 1950s to the 1990s. This accounts for why
Film1 did not reach the percentage target for recent works.

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

In  the  interests  of  effective  and  optimal  reporting,  the  “Commissariaat  voor  de  Media”  (the  Dutch
media authority) has established policy guidelines concerning (the reporting of) European quotas which
came into effect on 1 January 2002.

D) FURTHER COMMENTS

Canal+ Nederland BV was granted a temporary exemption by the Commissariaat voor de Media on the
basis of article 52k, subsection 6 of the Dutch Media Decree for the years 1999 and 2000. In both years
the required percentage of European works was at least 25%.

Film1 started broadcasting in May 1999, Club in October 1999, Avante in December 1999, Innergy in
May 2000 and Expo 24x7 in June 2000.

Filmtime is a pay-per-view channel, which has a temporary exemption from the Commissariaat voor de
Media  on  the  basis  of  article  53b  of  the  Dutch  Media  Decree.  Filmtime  started  broadcasting  in  May
2000.

80

The  12  regional  public  broadcasters  have  confirmed  that  they  fulfilled  their  obligations.  The
programmes of these broadcasters consist mainly of teletext services, news and sport. This means that
the transmission time on which they have to report is only a few minutes a day. This transmission time
is reserved for programmes intended for regional audiences and produced by the broadcaster itself or a
Dutch independent producer.

81

PORTUGAL

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
9

Reference period

Calendar years 1999 and 2000

Method
Samples97

2. Proportions (%)

Table 1: Public service operator RTP

Broadcaster

Channels

RTP. SA

RTP1
RTP2
RTP Internacional
RTP Africa

Table 2: Private operators

Broadcaster

Channels

SIC. SA

TVI

SIC
SIC Internacional
SIC Gold
TVI

SPORT TV Portugal. SA SPORT Tv

European works
(EW)

1999
59.2
60.3
95.9
94

2000
64.6
61.9
92.3
90.8

Independent
producers (IP)
2000
1999
42.2
27.6
20.5
21.5
35.2
38.5
36.6
40.4

Recent works
(RW)

1999
27.6
21.5
38.5
40.4

2000
42.2
20.5
35.2
36.6

European works
OE)

1999
44.8
-
-
30.5
90

2000
34.8
98.2
77.1
36.5
74.7

Independent
producers (IP)
2000
1999
18.6
24.4
53.7
-
38.0
-
31.5
16.8
3.9
5.5

Recent works
(RW)

1999
24.4
-
-
16.8
5.5

2000
18.6
53.7
38.0
31.5
3.9

Table  3:  Weighted  averages  for  European  works,  independent  producers  and  recent  works  by
operator

Broadcaster

Channels

RTP. SA

SIC. SA

TVI. SA

RTP1
RTP2
RTP Internacional
RTP Africa
SIC
SIC Internacional
SIC Gold
TVI

SPORT TV Portugal. SA SPORT TV

European works
OE)

1999
77.4

2000
77.4

Independent
producers (IP)
2000
1999
33.6
32

Recent works
(RW)

1999
32

2000
33.6

44.8

70

24.4

36.8

24.4

36.8

30.5
90

36.5
74.7

16.8
5.5

31.5
3.9

16.8
5.5

31.5
3.9

97

The  percentages  indicating  how  television  broadcasters  performed  in  respect  of  Articles  4  and  5  of  the  TWF
Directive were calculated, for 1999, on the basis of samples of two normal broadcasting weeks (chosen at random)
per quarter and, for 2000, of three normal broadcasting  weeks (also chosen at random) per half-year, in order to
prevent any possibility of the figures being manipulated.

82

                                                
B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

See below

2. Independent producers

See below

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

Measures taken or planned to achieve the percentages set by the Directive (TVI et Sport Tv Portugal).

As  we  can  see  above,  the  only  television  operators  under  Portuguese  jurisdiction  which  failed  to
comply  with  the  programming  objectives  set  in  Articles  4  and  5  of  the  TWF  Directive  during  the
reference period were TVI-Televisão Independente (for  European works)  and Sport TV  Portugal (for
independent  productions  and  recent  works).  In  fact,  one  of  the  channels  run  by  SIC-Sociedade
Independente de Comunicação also failed to achieve  the  percentages provided for in Article  4 of the
TWF Directive, although they were clearly met by this operator taken as a whole, as provided for in the
Community rules.

The Portuguese authorities have stressed, particularly to TVI, the need to make every effort to raise the
percentages of  European works broadcast  to  the  levels  provided  for  in  the  TWF  Directive.  Although
this aim has not yet been achieved, it should be emphasised that there has been clear progress in this
direction.

Similar reminders have been given to Sport TV Portugal as regards independent productions and recent
works, although it is recognised that there are good reasons why this operator, in particular, should find
it more difficult to comply with the percentages set out in Article 4 of the Directive.

D) FURTHER COMMENTS

It should be explained that, in terms of the broadcasting of independent productions and recent works,
Article 38 of the Portuguese Television Law (approved by Law No 31-A/98 of 14 July 1998) provides
for  a  stricter  system  than  that  laid  down  in  Article  5  of  the  Directive  since  it  obliges  the  operators
covered by the law to ensure that “at least 10% of programming, excluding the time allotted to news,
sports events, game shows, advertising, teleshopping and teletext services, consists of the broadcasting
of European  works created by  producers who  are independent  of  broadcasters”  and,  in  addition,  that
these works have been “produced in the last five years”(98).

RTP-Radiotelevisão Portuguesa, SA

In the period 1999-2000, as in previous years, the public service television operator complied fully with
the programming objectives set out in Articles 4 and 5 of the Directive.

A new feature in the report which should be highlighted is the inclusion of data relating to the channel
RTP-África, which began regular broadcasts  in  January 1998  and  which,  despite  being  intended  as  a

(98)

See Article 38 of Law No 31-A/98, published in Diário da República (Official Journal) No 160/98 (supplement),
series I-A, of 14 July 1998, pages 3384(2)-3384(13).

83

                                                
satellite  channel  for  some  of  the  former  Portuguese  colonies  (Angola,  Cape  Verde,  Guinea-Bissau,
Mozambique, and S. Tomé e Princípe), is also received in Portugal via cable and satellite.

SIC-Sociedade Independente de Comunicação, SA

In terms of the broadcasting of independent productions and recent works, the operator SIC-Sociedade
Independente de Comunicação achieved percentages which were clearly higher than the provisions of
Article 5 of the TWF Directive, both in 1999 (when it only had the generalist “SIC” channel) and in
2000 (when, in addition, it started running the generalist “SIC Internacional” and “SIC Gold” channels,
which began regular broadcasts in January and June 2000 respectively).

With regard to the broadcasting of European works, SIC failed to comply with the objectives laid down
in Article 4 of the Directive in 1999, although the percentage relating to its performance in this period
was close to the figure provided for in this Community provision. In 2000, however, the percentage for
the  broadcasting  of  European  works  –  calculated  with  reference  to  SIC  as  a  whole  –  was  70%(99),
which therefore easily met the relevant Community objectives.

TVI-Televisão Independente, SA

With regard to TVI, this  operator  showed percentages in 1999 and  2000  which  were  higher  than  the
provisions laid down in Article 5 of the TWF Directive, although it did not achieve the percentages set
out in Article 4.

It  is  important  to  note,  however,  that  since  the  year  when  its  activities  began  (1993),  TVI  has
continuously  and  regularly  increased  its  percentages  for  the  broadcasting  of  European  works,  thus
respecting the guidelines on progressive achievement of the proportion as laid down in Article 4(1) of
the TWF Directive.

Factors  which  have  prevented  TVI  from  complying  with  the  Community  provisions  -  as  noted  in
previous  years  –  include  the  fact  that  it  was  the  last  terrestrial  operator  to  start  up,  with  obvious
consequences  for  its  market  penetration,  a  situation  which  was  exacerbated  by  the  limited  size  and
contraction of the  national  advertising  market,  by  the  fragility  of  the  national  programme  production
industry, and by a period of increased financial instability, which has only recently eased. However, it
should also be stressed that there are quite  good indications that this operator  will  be  able  to  comply
with the objectives of Article 4 of the Directive in future years.

Sport Tv Portugal, SA

Since the end of 1998, the operator Sport TV Portugal has been running the sports channel “Sport TV”,
which has conditional access and is transmitted by cable and satellite..

Despite the fact that, due to its specialised nature, “Sport TV” focuses on coverage of sports events –
which are in principle specifically excluded from the broadcasting percentages – it should be noted that
it  is  not  exclusively  developing  this  type  of  programming.  In  accordance  with  the  principles  of  the
Directive, the rest of the programmes on this channel were examined to determine what proportion of
them consisted of European works. The results obtained using this methodology are contained in Table
2.

(99)

See Table 3 in the Annex, which indicates the annual weighted averages of each operator for the period 1999-2000.

84

                                                
In  the  case  of  this  operator,  non-compliance  with  the  Community  objectives  relates  only  to  the
broadcasting  of  independent  productions  and  recent  works.  However,  the  proportions  achieved  are
remarkable in view of the recent appearance of this channel, its specialised nature and the difficulties in
complying with the required percentages in this particular field.

85

FINLAND

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
4

Reference period
Calendar years 1999/2000

Method
Survey (by the Communications Office)

2. Proportions (%)

Channel

Broadcaster

TV 1

TV 2

YLE

YLE

YLE(TV1 + TV2 YLE

MTV 3

MTV

Nelonen (4)

 Ruutunelonen

European works
2000
1999
4406 h
4299 h
85%
86%
2624 h
2652 h
77%
72%
7030 h
6951 h
80%
80%
2690 h
3007 h
63%
55%
2140 h
2011 h
53%
52%

Independent producers

Recent works

1999
750 h
17%
850 h
32%
1600 h
23%
1051 h
19%
929 h
24%

2000
1248 h
28%
1010 h
38%
2258 h
32%
1176 h
27%
926 h
23%

1999
59

61

60

100

100

2000
62

59

61

100

100

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

No observations

2. Independent producers

No observations

C) MEASURES TAKEN OR ENVISAGED BY THE MEMBER STATE

None reported

D) FURTHER COMMENTS

None

86

SWEDEN

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
30

Reference period
Calendar years 1999/2000

Method
Questionnaire to broadcasters

2. Proportions (%)

Channels

Broadcaster

European works

Independent
producers

1999
514 h
15%
551 h
17%

2000
777 h
20.98%
317 h
12.35%

Recent works

1999
100%

100%

2000
54%

77%

2000
3143 h
84.88%
2264 h
88.20%
40 h
100%
615 h
100%

1445 h
100%
300 h
100%

SVT 1

SVT 2

Mälarkanalen

SVT Väst

SVT Mitt

SVT Syd

Digital Öst

SVT 24(2)

UR

TV 4

Sveriges
Television AB
Sveriges
Television AB
Sveriges
Television AB
Sveriges
Television AB
Sveriges
Television AB
Sveriges
Television AB
Sveriges
Television AB
Sveriges
Television AB
Sveriges
Utbildningsradio
AB
TV4 AB

TV 3 AB

TV3 AB

1999
2458 h
82%
3169 h
88%
(1)

(1)

(1)

(1)

(1)

815 h
98%

2997 h
51.49%
(3)

TV 5 AB

Kanal 5 AB

(3)

TV 1000

TV 1000 AB

Cinema

TV 1000 AB

Z TV

Modern 
Group MTG AB

Times

Viasat Sport (4) Modern 

Times

6(logotype)

TV 8

Canal+ (5)

Canal+ Gul (5)

Canal + Bla (5)

Group MTG AB
TV 6 Sverige AB

Televisionsaktiebo
laget TV 8
Canal + Television
AB
Canal+  Television
AB
Canal + Television

2311 h
26%
1953 h
25%
(3)

1092 h
42%
1263 h
60%
1950 h
23%
2100 h
25%
290 h

783 h
99%

259 h
31%

87 h
11%

98%

1983 h
66.17%

2311
26%
1953 h
25%

1809 h
64.38%
1027 h
17%
1295 h
100%
2049 h
24%
2009.5 h
23%
1000 h
14%

2%

78.15%

88%

100%

78%

77%

85%

100%

100%

0 h
0%
234 h
17.6%

1095 h
50%
136 h
12.4%

0%

0%

17.6%

12.4%

2810 h
50.27%
1027 h
17%
1295 h
19.5%
2049 h
24%
2009.5 h
23%
1401 h
19%

1095 h
50%
935 h
85.4%
2600 h
32%
2800 h
36%
1500 h

87

Channels

Broadcaster

European works

Kiosk (5)

K-World

AB
Canal + Television
AB
Kunskaps  TV 
Sverige AB

I

CineCinemas (6) CineCinemas

ETV

DTU 7

Skanekanalen

NollEttan
Television
TV-Butiken (7)

Assyria-TV

Internet

AB(AB
Grundstenen
Cell 
Commerce
Development AB
DTU  Television
AB
Skanekanalen  AB
(Landskrona
Vision AB)
TV-Kinsköpng
Länkomedia AB
Nordic  Shopping
Sverige
Aktiebolag
Bethnahrin
Institutet

1999
20%
22000 h
12%
336 h
76.7%
31 h
5.75%

(3)

(3)

100 h
100%

485 h
47%

2000
36%
25890 h
14.1%
2460 h
84%
1377 h
23%

4800 h
60%

0 h
0%
750 h
100%

1250 h
100%

(8)

52.5 h
75%

Independent
producers

Recent works

1999

2000

1999

2000

168 h
31.7%
31 h
5.75%

100 h
100%

0 h
0%

624 h
25%

4800 h
60%

0 h
0%
750 h
100%

0%

15 h
20%

30%

0%

66%

0%

100%

100%

0%

0%

100%

(1) In general, 100% European origin.
(2) The entire content of SVT 24 is news and sport, which is not counted as broadcasting time.
(3) Began digital terrestrial broadcasting in 2000.
(4) ViaSat Sport broadcasts only sport.
(5) As Canal+Television AB buys its programmes from distributors it does not know whether the programmes are produced
by independent producers or not.
(6)  CineCinemas  is  a  film  channel  that  shows  films  which  had  TV  premieres.  They  have  no  recent  works.  And  the
broadcaster has no information on whether the programmes are produced by independent producers or not.
(7) Nordic Shopping Sverige AB broadcasts only "shopping" programmes.
(8) Bethnahrin Institutet did not broadcast during 1999.

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

TV 3 AB:
High  cost  of  producing  own  programmes.  Adapts  supply  to  viewers’  wishes.  USA  productions  less
expensive than Swedish and European productions.
TV 5 B:
From the budget/rating aspect the proportions are markedly higher.
TV 1000:
Shortage of good quality European films.
Cinema/TV 1000 AB:
Shortage of good quality European films.
ZTV:
The channel is music oriented and reflects global supply and demand for music videos.
6(logotype):
The shortage of new productions is due to low viewing figures and correspondingly low turnover.

88

Kiosk:
Pay-per-view service
CineCinemas:
The business concept is incompatible with the percentages.
DTU 7:
Broadcasts regionally from Iran on digital terrestrial television.

2. Independent producers

No observations

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

TV 3 AB:
Aiming for as high a proportion of own productions as is commercially justifiable.
TV 5 AB:
Increased buying of European programmes in 2000.
TV 1000:
Seeking out European films of good quality.
Cinema/TV 1000 AB:
Seeking out European films of good quality.
Z TV:
Encouraging European artists to produce high quality music videos.
DTU 7:
Intends producing programmes in Swedish in 2001 and broadcasting European programmes.

D) FURTHER COMMENTS

None

89

A) STATISTICAL STATEMENT

1. Summary table

Number of channels

2. Proportions (%)

UNITED KINGDOM

Reference period
Calendar years 1999-2000

Method
Survey

Channel

Broadcaster

European
works (EW)

Independent
works (IP)

Recent works
(RW)

1999

2000

1999

2000

1999

2000

3+Denmark

Viasat Broadcasting UK
Limited

18

10

16

8

Adult Channel

The Home Video Channel
Ltd/Playboy

Animal Planet

Discovery Networks Europe

48

40

51

64

37

35

39

60

17

31

29

8

34

26

Arab News Network

Linkchain Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Artsworld

Artsworld Channels Ltd

n/o

89

n/o

81

n/o

59

Asianet

Asianet Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Auction Channel

Trojan Television Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Bet International

Bet International

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

B4U Movies

BBC Choice

BBC Knowledge

BBC News 24

BBC Parliament

BBC Prime

BBC World

BBC1

BBC2

Bid Up TV

Biography Channel

B4U Movies

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

BBC

BBC

BBC

BBC

BBC

BBC

BBC

BBC

Sit Up

BSKyB

92

99

97

99

100

100

22

12

0

36

17

0

22

12

0

36

17

0

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

100

100

88

65

65

84

71

73

26

11

19

17

18

14

20

15

26

11

19

17

18

14

20

15

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

n/o

5

n/o

5

n/o

1

90

Bloomberg Information 
Television

Bloomberg LP

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

The Box 

Bravo

The Box

Flextech Television

Carlton Food Network

Carlton

Carlton Select (formerly Select 
TV)

Select Cable TV

Challenge TV 

Maidstone Broadcasting Ltd

Channel 4

Channel 5

Channel Four Television 
Corporation

Channel Five Broadcasting 
Ltd

66

18

99

55

79

65

53

Channel Health

Channel Health Ltd

n/o

63

15

93

54

81

69

54

35

19

6

61

26

25

39

40

n/o

37

3

67

21

26

39

42

12

19

1

61

8

21

33

37

n/o

37

3

66

7

21

31

41

12

Chinese Channel (TVBS 
Europe)

TVBS Europe

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

CNBC

Business News (Europe) Ltd 
Partnerships

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

CNN International

Turner Broadcasting 
Systems Europe Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Culture Television - CTV

CTV International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Dating Channel

Euro Digital Corporation 
Ltd

n/o

100

n/o

Discovery Channel (UK)

Discovery Networks Europe

57

Discovery Civilization

Discovery Networks Europe

n/o

Discovery Home and Leisure Discovery Networks Europe

56

Discovery Health

Discovery Networks Europe

n/o

Discovery Kids

Discovery Networks Europe

n/o

Discovery Ski-Trek

Discovery Networks Europe

n/o

66

74

56

44

48

54

50

n/o

49

n/o

n/o

n/o

0

59

58

46

12

46

51

n/o

34

n/o

41

n/o

n/o

n/o

0

36

35

46

4

7

33

91

Discovery Travel and 
Adventure

Discovery Networks Europe

n/o

Discovery Wings

Discovery Networks Europe

n/o

63

58

n/o

n/o

Disney Channel UK

27

31

4

Disney Channel UK 
(Incorporating the core Disney 
Channels; Disney Channel, 
Disney Channel +1, Playhouse 
Disney and Toon Disney)

Film Four

Fox Kids UK

Fox Kids Scandinavia

Channel Four Television 
Corporation

Fox

Fox

Front Row (with the Barker 
Channel)

Front Row Television Ltd

Front Row (without the Barker 
Channel)

Front Row Television Ltd

God Channel (formally 
Christian Channel)

The Christian Channel 
Europe Ltd

GSB Men + Motors/Breeze

Granada Sky Broadcasting

GSB Granada Plus

Granada Sky Broadcasting

52

27

20

54

35

35

68

81

44

38

36

48

37

36

54

66

11

17

14

0

1

24

6

17

58

49

3

9

34

31

1

1

26

4

11

n/o

n/o

2

8

20

10

0

1

45

38

3

6

25

11

1

1

24

26

6

3

4

3

HBO

HBO Communications Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Hallmark Entertainment 
Network

Crown Entertainment Ltd

History Channel

BSKyB-NCG-UK 
Partnership

n/o

26

No data 
available

21

n/o

11

No data 
available

7

n/o

8

No data 
available

8

Home Shopping Network

K-Tel Marketing Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Inspiration Network

Mission Today Ltd

30

40

10

13

4

13

Ideal World Home Shopping

Ideal Home House

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

ITN News Channel

ITV Network

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

ITV

JSTV

ITV Network

72

77

26

28

18

20

Japan Satellite Television 
Europe Ltd 

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

92

ITV2

Kanal 5

ITV Network

Kanal 5 Ltd

Kiss

Emap Performance TV

Landscape Channel

Landscape Studios

Lashkara

Reminiscent Television UK 
Ltd

86

22

n/o

80

51

20

56

78

29

21

n/o

81

18

19

44

83

29

21

n/o

2

18

19

44

1

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Living

UK Living Ltd

37

31

35

15

30

17

Media Shop Television

Media Shop Television

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Middle East Broadcasting 
Centre

Minaj Broadcasting 
International

MBC Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Minaj UK Ltd

n/o

No data 
available

n/o

No data 
available

n/o

No data 
available

The Money Channel

Wapping Studios

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

M2 (MTV2)(STST59)

MTV Network Europe

MTV Base (STS274)

MTV Network Europe

MTV Central

MTV Network Europe

MTV Europe

MTV Network Europe

MTV Extra (STS274)

MTV Network Europe

MTV France (STS352)

MTV Network Europe

MTV Netherlands (STS352)

MTV Network Europe

MTV Nordic (STS238)

MTV Network Europe

MTV Polska (STS356)

MTV Network Europe

MTV Spain (STS363)

MTV Network Europe

MTV UK (STS182)

MTV Network Europe

94

77

n/o

92

76

91

92

93

95

95

89

77

67

85

82

60

n/o

n/o

84

n/o

n/o

79

90

72

n/o

70

68

71

73

78

87

87

66

77

67

85

82

60

n/o

n/o

83

n/o

n/o

79

90

72

n/o

70

68

71

73

78

87

87

66

95

68

94

92

75

n/o

n/o

92

n/o

n/o

94

93

Muslim Television Ahmadiyya

Al Shirkatul Islamiyya

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

National Geographic

National Geographic 
Channel UK

Nickelodeon

Nickelodeon UK

Nickelodeon Junior

Nickelodeon UK

Nickelodeon Nordic

Nickelodeon UK

9

29

58

8

16

20

55

11

6

22

45

4

6

14

42

1

3

16

31

4

3

10

21

1

Novashop

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Novashop 2

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Pakistani Channel

Pakistani Channel

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Paramount Comedy Channel

Paramount Comedy

23

24

17

19

10

12

Phoenix CNE

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Phoenix Chinese News and 
Entertainment Channel

Performance - The Arts 
Channel

Performance TV

Play UK

UK TV

Playboy TV

Playboy TV UK

67

92

15

73

75

18

49

20

8

15

n/o

27

20

18

23

6

28

9

n/o

8

19

18

23

Private Blue (previously 
Midnight Blue)

Zone Broadcasting UK Ltd

n/o

Q24

Q TV

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Emap Performance TV

n/o

53

n/o

47

n/o

47

Quantum Channel 

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

QVC Shopping Channel

QVC International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Racing Channel

Satellite Information 
Services Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Rapture

Rapture TV

100

69

4

16

4

16

94

Reality TV

CNI UK Ltd

Revival Channel

S4C - Anologue

S4C - Digital

S4C2

Christian Channel Europe 
Ltd

S4C

S4C

S4C

69

16

100

100

100

50

31

100

100

100

0

15

70

86

0

0

19

67

86

0

0

15

67

80

0

0

19

64

80

0

Satellite Information Services 
Ltd Racing Facts

Satellite Information 
Services Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Sat-7

Sat-7 Media Services Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Sci-Fi Channel

Sci-Fi Channel

11

11

4

2

2

2

Sell-a-Vision Shopping

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Setanta Sport

Setanta Sport

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Shop!

The Home Shopping 
Channel Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Shop America

Shop America Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Simply Money

Invest TV

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

SIS Racing Facts

Satellite Information Services 
Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Sky Cinema (formerly Sky 
Movies Gold)

Sky Movie Max (formerly 
Screen 1 and Sky Movies)

Sky News

Sky One

Sky Premier (formerly known 
as Screen 2 and as The Movie 
Channel)

Sky Soap

Sky Sports 1

BSkyB Ltd

BSkyB Ltd

BSkyB Ltd

BSkyB Ltd

BSkyB Ltd

BSkyB Ltd

BSkyB Ltd

17

4

91

34

9

n/o

91

12

13

6

4

6

7

64

20

3

0

5

7

n/o

28

1

4

4

6

4

0

17

0

3

0

5

4

n/o

28

13

7

89

46

8

79

89

95

Sky Sports 2

Sky Sports 3

BSkyB Ltd

BSkyB Ltd

Sky Sports Extra

BSkyB Ltd

Sky Travel Channel

BSkyB Ltd

Sony Entertainment Television 
Asia

Sony Entertainment 
Television Asia

89

81

100

56

90

80

95

43

42

53

50

20

56

55

78

12

42

55

50

20

56

69

78

12

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Studio Universal

Studio Universal

46

47

46

47

23

47

Supershop

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

TCC Nordic

Flextech

Television X

Portland Enterprises Ltd

27

33

n/o

44

5

19

n/o

16

5

25

n/o

16

TESUG TV

TESUG

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Turner Cartoon Network

Cartoon Network (Boomerang)

Cartoon Network (Dutch 
Language)

Cartoon Netowork (French 
Language)

Cartoon Network (Italian 
Language)

Cartoon Network (Spanish 
Language)

Cartoon Network (Nordic)

Turner Broadcasting 
Systems Europe Ltd

Turner Broadcasting 
Systems Europe Ltd

Turner Broadcasting 
Systems Europe Ltd

Turner Broadcasting 
Systems Europe Ltd

Turner Broadcasting 
Systems Europe Ltd

Turner Broadcasting 
Systems Europe Ltd

Turner Broadcasting 
Systems Europe Ltd

TNT Classical Movies: Digital

Turner

TCM (Turner Classic Movies) 
UK

TCM (Turner Classic Movies) 
Spanish Language

TCM (Turner Classic Movies) 
French Language

Turner

Turner

Turner

36

21

26

21

22

21

20

n/o

41

40

41

28

n/o

22

n/o

12

12

15

0

40

40

40

32

21

25

20

18

16

20

n/o

41

40

41

14

n/o

18

n/o

3

12

0

0

0

0

0

20

0

19

7

10

16

11

n/o

0

0

0

28

n/o

22

n/o

20

12

15

11

40

40

40

96

Trouble

Starstream Ltd

20

TV3 Denmark

Viasat Broadcasting UK Ltd

22

TV3 Norway

Viasat Broadcasting UK Ltd

15

TV3 Sweden

Viasat Broadcasting UK Ltd

22

24

16

8

12

12

15

8

17

16

9

4

9

2

15

8

17

2

9

4

9

TV Land

Gulf GTH Productions

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

TV Shop

Viasat Broadcast Centre

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

TV Shop Sport

Viasat Broadcast Centre

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

UK Arena

UK Drama (formally UK 
Arena)

UK TV

UK TV

UK Gold

UK Horizons

UK Style

UK Gold Broadcasting Ltd 
UK

UK TV

UK TV

81

n/o

81

99

98

V+ Norway

Viasat Broadcasting Centre

n/o

VH 1 (STS 076)

MTV Network Europe

VH1 Classic (STS 275)

MTV Network Europe

VH1 Export (STS 171)

MTV Network Europe

Vision Channel

Vision Broadcasting

VT4

VT4

90

89

89

57

15

68

96

67

97

95

13

79

70

80

69

16

8

n/o

21

19

43

n/o

83

88

81

47

12

20

0

17

29

36

4

74

93

75

59

15

7

n/o

7

16

35

n/o

83

86

81

49

12

17

0

14

21

31

4

74

93

75

45

14

What's in Store

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

What's in Store 2

Quantum International Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Wizja

Zee TV

Zee Bangla

Zee Cinema

Zee Music

UPC Broadcast Centre Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Asia TV Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Asia TV Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Asia TV Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

Asia TV Ltd

Exempt

Exempt

Exempt

Exempt

Exempt

Exempt

46

56

57

60

29

71

12

32

84

14

23

51

12

26

64

ZTV

Viasat Broadcasting UK Ltd

Average Compliance Rate

No of channels exceeding quota 
targets

No of channels operating

No of channels exempt

172
51

N/O – Not operational – N/A – Not available

63

56

52

97

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

a) Subject matter of the channel:

Bet International, CNBC, Disney Channel UK, Playboy TV, Revival Channel

b) When the channel commenced broadcasting:

Channel Health, God Channel, V+ Norway

c)  Broadcasts  are  non-qualifying  or  are  predominantly  in  non-European  languages.  Those
programmes which use an EU language are predominantly made outside the EU:

Arab News Network, Asianet, Auction Channel, BET International, B4U Movies, BBC Parliament,
Bid-Up  TV,  Bloomberg  Information  Television,  Chinese  Channel,  CNBC,  CNN  International,
Cultural  Television,  HBO,  Home  Shopping  Network,  Ideal  World  Home  Shopping,  ITN  News
Channel,  JSTV,  Lashkara,  Media Shop Television,  Middle East  Broadcasting  Centre,  The  Money
Channel,  Muslim  Television  Ahmadiyya,  NovaShop,  NovaShop  2,  Pakistani  Channel,  Phoenix
Chinese  New  and  Entertainment  Channel,  Q24,  Quantum  Channel,  QVC  Shopping  Channel,
Racing  Channel,  Satellite  Information  Services  Racing  Facts,  Sat-7,  Sell-a-Vision  Shopping,
Setanta  Sport,  Shop!,  Shop  America,  Simply  Money,  SIS  Racing  Facts,  Sony  Television
Entertainment Asia, Supershop, TESUG TV, TV Land, TV Shop, TV Shop Sport, Whats in Store,
Whats in Store 2, Wizja TV, Zee TV, Zee Cinema, Zee Music, Zee Bangla.

d)  Difficulty  in  finding  European  programmes  or  finding  European  programmes  at  competitive
prices:

Bravo,  Cartoon  Network,  Front  Row  (including  Barker  Channel),  Front  Row  (excluding  Barker
Channel),  The  History  Channel,  Kanal  5,  Living,  National  Geographic,  Nickelodeon  Nordic,
Playboy  TV,  Sci-Fi  Channel,  Sky  1,  Television  X,  Trouble,  TV+  Denmark,  TV+  Norway,  TV+
Sweden, VT4

e) Subsidiaries of companies based in non-member countries broadcasting programmes mostly from
their own stock:

Cartoon  Network  services,  Fox  Kids  UK,  Fox  Kids  Scandinavia,  Paramount  Comedy  Channel,
Turner Classic Movies services

2. Independent producers

The Dating Channel transmits video profiles only, but plans to move away from this towards home
grown programming.

GSB Men and Motors/Breeze's output consists of 75% of Granada Television's stock.

Nickelodeon Nordic has difficulty acquiring locally produced programming.

Playboy UK has undergone a change in organisation, budget and branding constraints.

TV3  Norway  have  difficulties  due  to  there  being  so  few  viewers  in  Norway,  which  means  that
programmes  are  more  expensive  to  make  than  in  the  other  Scandinavian  territories  and  it  is
necessary to spend more to reach fewer people.

98

3) Recent works

BBC's programmes tend to be  shown  within  5  years  of  production,  therefore  they  are  not  broken
down separately.

GSB Granada Plus, Landscape Channel, UK Drama have an emphasis on repeats.

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

Bravo hope to increase investment as audience figures grow and Viasett hope to continue to secure
more EC productions which are economically viable.

Cartoon Network have clinched a number of co-production deals with France and Germany. Funds
are  also  being  invested  in  original  programming,  especially  in  a  showcase  exercise  to  foster  new
talent in the UK and Europe. Continued effort to increase level of European content.

Disney  Channel  UK  recently  acquired  a  large  selection  of  independent  European  programmes,
which they aim to broadcast throughout 2001.

Fox  Kids  UK  and  Scandinavia  are  having  an  overhaul  of  their  schedule  at  present  but  they  have
promised  to  incorporate  new  European  and  in-house  productions.  Nickelodeon  UK,  Playboy  UK
and Trouble have also stated that they have plans for EC-produced programmes for 2001.

Nickelodeon Nordic are committed to providing best quality children's entertainment and  hope  to
increase EU content.

Sci-Fi Channel has a long-running commissioned show planned for late 2002.

Sky  One  is  focussing  on  higher  cost/quality  per  hour  programming  such  as  one-off  dramas  and
comedy series.

The History Channel and National Geographic figures are up in 2001.

D) FURTHER COMMENTS

None.

99

III.  –  SUMMARY  OF  THE  REPORTS  FROM  THE  MEMBER  STATES  OF  THE
IN  THE

EUROPEAN  FREE  TRADE  ASSOCIATION  PARTICIPATING 
EUROPEAN ECONOMIC AREA

100

A) STATISTICAL STATEMENT

1. Summary table

Number of channels

2. Proportions (%)

ICELAND

Reference period
Calendar years 1999-2000

Method

Broadcaster

Channels

European works (EW)

Independent producers
(IP)

NLC

RUV

ITC

Stöð2
(Channel 2)
Sýn (Vision)
Bíórás
(The 
Channel)
1

Film

Screen One

1999
10,37

10,62
5,51

43

50

2000
14,44

13,69
5,55

41

40

1999
0,74

21.20
0,18

34

40

2000
2,17

21.17
1,54

33

40

Recent works (RW)

1999

2000

79

25

80

35

RUV: The Icelandic National Broadcasting Service –1
ITC: Icelandic Television Company- Screen One (Skjar 1)
NLC: Northern Light Communications (3 channels)
-Channel 2 (Stö)
-Vision (Syn)
-The Film Channel (Biorasin)

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

No observations

2. Independent producers
No observations

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE
None reported

D) FURTHER COMMENTS
None.

101

NORWAY

A) STATISTICAL STATEMENT

1. Summary table

Number of channels
6

Reference period
Calendar years 1999-2000

Method

Sampling
In  addition  to  statistics  covering  1999  and
2000, the sampling procedure described in the
suggested  guidelines  was  used  for  one  week
(selected at random) in 2000

2. Proportions (%)

Channels

Broadcaster

European works (EW)

Independent producers
(IP)

Recent works (RW)

NRK 1
NRK 2
NRK Intern.
TV 2
TV Norge
Metropol

NRK Ltd.

TV 2 Ltd.
TV Norge Ltd.
NYTV

1999
76
66
76
55
22
51

2000
85
62
90
56
20
48

1999
11
9
11
19
22
25

2000
12
16
9
19
20
22

1999
89
75
89
96
89
44

2000
90
85
71
96
100
76

B) REASONS GIVEN BY THE MEMBER STATE FOR NON-COMPLIANCE

1. European works

TV Norge Ltd has not given any acceptable reason for failure to reach the required proportion of
European works.

2. Independent producers

The NRK’s channels NRK 2 and NRK International failed — although by a small margin — to
reach the required proportion of independent productions.

C) MEASURES ADOPTED OR ENVISAGED BY THE MEMBER STATE

The Mass Media Authority has issued TV Norge Ltd with a formal notice to fulfil its obligations
under the Norwegian Broadcasting Act. It has also requested NRK Ltd to increase its proportion of
independent productions.

D) FURTHER COMMENTS

None.

102

IV. ANNEXES

103

ANNEX 1

LIST OF TELEVISION CHANNELS IN THE EUROPEAN UNION MEMBER STATES WHICH FAILED TO ACHIEVE
THE MAJORITY PROPORTION OF EUROPEAN WORKS AND/OR THE MINIMUM PROPORTION OF 10% OF
EUROPEAN WORKS BY INDEPENDENT PRODUCERS

A) EUROPEAN WORKS

Status                                               Type

PR = private channel

GE = general interest

(cid:1) = target met

PB = public channel

TH = special interest

x= target not met

PY = pay channel

LA = non-Community - = data not communicated

BA = channel forming part of

language

n.o. = not in operation

a basic service for a cable

network or satellite service

Member
State
AT

Channel

ORF 1

BE

DE

DK

GR

ES

RTL TVI
KANAAL 2
Canal+grijs
Canal+blauw
Canal+geel
Canal+16/9

Studio Universal
13th Street
KABEL 1
Premiere
Pro Sieben
RTL 2
Super RTL
VH1
n-TV

TV Zulu
TV Danmark

Telecinco
TCM
AXN
Alucine
Fox Kids
Cinemania
Disney Channel
Nichelodeon
Calle 13
Gran Via
Gran Via 2

1999

2000

Status

Type

GE

GE
GE
TH
TH
TH

TH
TH
GE
TH
GE
GE
GE
TH
TH

TH
GE

GE
TH
TH
TH
TH
TH
TH
TH

PB

PR
PR
PR/PY
PR/PY
PR/PY
PR/PY

PY
PY
PR
PY
PR
PR
PR
PR
PR

PR/PY
PR

PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR

x

(cid:1)
x
x
x
-
x

x
x
x
x
x
x
x
-
-

x
x

(cid:1)
x
x
x
x
x
x
x
x
x
(cid:1)

x

x
x
x
x
x
x

x
x
x
x
x
x
x
-
-

n.o.
x

x
x
x
x
x
x
x
x
x
x
x

104

Member
State

Channel

1999

2000

Status

Type

FR

IE

IT

Gran Via 3
Studio Universal

AB 1
Action
Canal Jimmy
Cinecinéma 123
CinéClassics
Cinéfaz
Cinéstar 1
Cinéstar 2
Cinétoile
Festival
FunTV
Histoire
Kiosque
Mangas
MCM-Euromusique
Monte Carlo TMC
Multivision
Muzzik
Odyssée
Polar
RFM TV
Télétoon
Téva
TFJ
13ème Rue
Voyage

TV 3

Italia Uno
Tele + Nero
Tele + Bianco
TMC/ La 7
Coming Soon Television
Disney Channel
Fox Kids
Duel
Comedy-Life
Cineclassics
Nuvolari
Galileo
Leonardo
Giotto
TVL
DSN
Promo
Canale-Viaggi
Stream Verde
Anteprima
Tele + Grigio
Tele + 16/9
Tele + Nero
Palco
Tele+ Bianco

(cid:1)
x

x
x
x
x
(cid:1)
x
(cid:1)
x
(cid:1)
(cid:1)
(cid:1)
(cid:1)
(cid:1)
x
-
(cid:1)
x
-
x
x
x
-
(cid:1)
-
x
-

x

x
x
x
(cid:1)
x
x
x
x
x
(cid:1)
-
-
-
-
-
-
-
-
x
-
(cid:1)
x
x
x
x

x
n.o.

x
x
-
-
-
x
x
x
x
-
-
x
x
x
-
-
-
-
(cid:1)
(cid:1)
(cid:1)
(cid:1)
-
n.o.
x
(cid:1)

x

x
x
x
x
x
x
n.o.
n.o.
n.o.
x
-
-
-
-
-
-
-
-
x
-
x
x
x
x
x

105

TH

TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH

GE

GE
TH
TH
GE
GE
TH
TH
TH
TH
TH
TH
TH
TH

TV

TH

PR
PR

PR/BA
PR/PY
PR
PR
PR
PR/BA
PR/BA
PR/PY
PR/PY
PR
PR
PR/PY
PR/PY
PR/BA
PR
PR
PR
PR
PR
PR
PR
PR
PR/PY
PR
PR
PR

PR

PR
PR/PY
PR/PY
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PB
PB
PR
PR
PR
PR
PR
PR/PY
PR
PR
PR
PR

Member
State

Channel

1999

2000

Status

Type

LU

NL

PT

FI

SE

UK

RTL 9
RTL Tvi
RTL 4
RTL 5

SBS 6
Net 5
Veronica
Canal+ 1
Canal+2
Film 1
Innergy
Filmtime
Delta TV

SIC
TVI

SVT Mitt
TV 3 AB
TV 5 AB
TV 1000
Cinema
Z TV
6(logotype)
Canal+
Canal+ Gul
Canal + Bla
Kiosk
CineCinemas
NollEttan Television

3 + Denmark
Adult Channel
Animal Planet
Biography Channel
Bravo
Channel Health
Discovery Health
Discovery Kids
Disney  Channel  UK  UK  (Disney
Channel,  Disney  Channel  +  1,
PlayHouse Disney, Toon Disney)
Film Four
Fox Kids UK
Fox Kids Scandinavia
Front  Row 
Channel)
Front  Row  (without  the  Barker
Channel)
God Channel
Hallmark Entertainment
History Channel

the  Barker

(with 

PR
PR
PR
PR

PR
PR
PR
PY
PY
PR
PR
PR/PY
PR

PR
PR

PR
PR
PR/PY
PR/PY
PR/PY
PR
PR
PR/PY
PR/PY
PR/PY
PR
PR
PR/py

PR
PR/PY
PR/PR
PR
PR/PY/BA
PR
PR
PR
PR/PY

PR/PY
PR
PR/PY
PR/PY

PR

PR
PR
PR

GE
GE
TH
GE

GE
TH
GE
GE
GE

TH

GE
GE

GE
GE
TH
TH
TH
TH
TH

TH
TH
TH
TH
TH

GE
GE
TH
TH
GE
TH
TH
TH
GE

TH
TH
TH
TH

TH

TH
TH
TH

(cid:1)
(cid:1)
x
(cid:1)

(cid:1)
x
x
x
x
x
x
x
(cid:1)

x
x

-
x
x
x
x
x
(cid:1)
x
x
x
x
x
(cid:1)

x
(cid:1)
(cid:1)
x
x
x
x
x
x

x
x
x
x

x

x
-
x

x
x
(cid:1)
x

x
x
x
x
x
x
n.o.
n.o.
-

x
x

(cid:1)
n.o.
n.o.
x
x
n.o.
x
x
x
x
x
x
x

x
x
x
n.o.
x
 n.o.
n.o.
n.o.
x

(cid:1)
x
x
(cid:1)

x

x
n.o.
x

106

Member
State

Channel

1999

2000

Status

Type

Inspiration Network
Kanal 5
Living
Minaj Broadcasting Int’l
National Geographic
Nickelodeon
Nickelodeon Nordic
Paramount Comedy Channel
Private Blue
Playboy TV
Revival Channel
Sci-Fi Channel
Sky Cinema (formerly Sly Movie
Gold)
Sky Movie  Max  (formerly  Screin
1& Sky Movies)
Sky One
Sky Premier
Sky Travel Channel
Studio Universal
TCC Nordic
Television X
Turner Cartoon Network
Cartoon Network (boomerang)

(Dutch

(French

(Italian

(Spanish

Network 

Network 

Network 

Network 

Cartoon 
language)
Cartoon 
language)
Cartoon 
language)
Carton 
language)
Carton Network (Nordic)
TNT Classical Movies: Digital
TCM UK
TCM (Spanish language)
TCM (French language)
Trouble
TV3 Denmark
TV3 Norway
TV3 Sweden
V+ Norway
VT4
ZTV

PR
PR
PR
PR
PR
PR
PR
PR/PY/BA
PR
PR/PY
PR
PR/PY/BA
PR/PY

PR/PY

PR
PR
PR
PR
PR
PR
PR
PR

PR

PR

PR

PR

PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR

TH
GE
GE
TH
TH
TH
TH
TH
TH
TH
TH
TH
TH

TH

GE
TH
TH
TH
TH
TH
TH
TH

TH

TH

TH

TH

TH
TH
TH
TH
TH
TH
GE
GE
GE

GE

x
x
x
-
x
x
x
x
x
x
x
x
x

x

x
x
x
x
n.o.
x
x
x

x

x

x

x

x
n.o.
x
x
x
x
x
x
x
x
x
x

x
x
x
n.o.
x
x
x
x
n.o.
x
x
x
x

x

x
x
(cid:1)
x
x
x
x
n.o.

x

n.o.

x

x

x
x
x
x
x
x
x
x
x
n.o.
x
(cid:1)

107

B) EUROPEAN WORKS BY INDEPENDENT PRODUCERS

Status                                               Type

PR = private channel

GE = general interest

(cid:1) = target met

PB = public channel

TH = special interest

x= target not met

PY = pay channel

LA = non-Community - = data not communicated

BA = channel forming part of

language

n.o. = not in operation

a basic service for a cable

network or satellite service

Channel

1999

2000

Status

Type

Member
State
AT

BE

DE

DK

GR

ES

FR

IE

IT

Canal + geel
Liberty TV
Vitaya

Phoenix
13th Street
Studio Universal
Viva
Viva 2
VH-1
n-tv

Alter Channel
 Seven TV

AXN
Nichelodeon
Studio Universal

Canal Jimmy
Ciné Cinémas 1,2,3
Ciné Classics
Festival
Forum Planète
Fun TV
Kiosque
Monte Carlo TMC
Multivision
Téva
TFJ
TV5
Voyage

(cid:1)
x
n.o.

(cid:1)
x
x
x
x
-
-

(cid:1)
x

x
x
o.p.

-
-
-
-
(cid:1)
-
-
-
-
-
n.o.
-
(cid:1)

Coming Soon Television

-

108

-
x
-

x
x
x
x
x
-
-

-
(cid:1)

x
(cid:1)
x

(cid:1)
(cid:1)
(cid:1)
(cid:1)
x
(cid:1)
-
(cid:1)
(cid:1)
(cid:1)
-
-
-

-

PR
PR
PR

PB
PR
PR
PR
PR

PR

PR
PR
PR

PR
PR
PR
PR

PR
PR
PR
PR
PR
PR
PB
PR

PR

TH
TH
TH

TH
TH
TH
TH
TH

TH
TH
TH

TH
TH

TH

TH
TH

TH
TH
TH
GE
TH

TH

TH

Member
State

Channel

1999

2000

Status

Type

LU

NL

PO

Fin

SE

UK

Class Financial Network
Disney Channel Italia
Cinemovie
Fox Kids
Duel
Comedy  Life 
House)
Happy Channel
DSN
Promo
Canale Viaggi
Anteprima
Stream Verde

(già  Comedy

Grand Tourisme
No ZAP
Liberty TV
Nordliicht TV

Net 5
TMF
The Box
Delta TV

Sport TV

Mälarkanalen
SVT Väst
SVT Mitt
SVT Syd
Digital Öst
« 6 »
Canal+
Canal+ Gul
Canal + Bla
Kiosk
CineCinemas
NollEttan

3+ Denmark
BBC News 24
Biography Channel
Bravo
Dating Channel
Disney  Channel  UK 
(Disney
Channel,  Disney  Channel  +  1,
PlayHouse Disney, Toon Disney)
Film Four
Front Row (incl. Barker Ch.)
Front Row (Without Barker Ch.)
GSB Men+Motors/ Breeze
Hallmark Entertainment Network
History Channel
Minaj Broadcasting International
National Geographic Channel
Nickelodeon Nordic

-
-
-
x
-
-

-
-
-
-
-
x

-
-
x
x

x
-
-
(cid:1)

x

-
-
-
-
-
(cid:1)
-
-
-
-
-
x

x
x
x
x
x
x

x
x
x
x
-
x
-
x
x

n.o.
-
-
n.o.
n.o.
n.o.

-
-
-
-
-
X

-
-
n.o.
X

(cid:1)
-
-
-

X

-
-
-
-
-
X
-
-
-
-
X
X

(cid:1)
X
n.o.
X
n.o.
X

(cid:1)
X
X
X
n.o.
(cid:1)
n.o.
X
X

109

PR
PR
PR

PR
PR

PR
PR
PR
PR

PR

PR
PR
PR

PR
PR
PR
PR

PR

PR
PR
PR
PR
PR
PR
PR

PR
PB
PR
PR
PR
PR/PY

PR/PY
PR/PY
PR/PY
PR
PR
PR
PB
PR

TH
TH
TH

TH
TH

TH
TH
TH
TH

TH

TH
TH
TH

TH

TH
TH
TH
TH

GE
TH
TH

TH
TH

TH

Member
State

Channel

1999

2000

Status

Type

Play UK
Rapture
Reality TV
SC4C2
Sci-Fi Channel
Sky Movie  Max  (formerly  Screin
1& Sky Movies)
Sky News
Sky One
Sky Premier
TCC Nordic
TNT Classical Movies: Digital
TV3 Denmark
TV3 Norway
TV3 Sweden
UK Arena
UK Drama (formerly UK Arena)
V+ Norway

X
X
X
X
X
X

X
X
X
X
X
(cid:1)
X
(cid:1)
X
n.o.
n.o.

(cid:1)
(cid:1)
x
x
x
x

x
x
x
n.o.
n.o.
x
x
x
(cid:1)
x
x

PR
PB
PR
PR
PR
PR/PY

PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR

TH
TH
TH
TH
TH
TH

TH
GE
TH
TH
TH
GE
GE
GE
TH
TH

110

ANNEX 2

PARAMETERS USED TO CALCULATE THE AVERAGE TRANSMISSION TIME OF EUROPEAN
WORKS BY THE CHANNELS OF THE EUROPEAN UNION MEMBER STATES (TAKING
AUDIENCE RATING INTO ACCOUNT) — ARTICLE 4 OF THE “TELEVISION WITHOUT
FRONTIERS” DIRECTIVE

Channel

% audience
1999 (*)

% audience 2000
(*)

% European
works 1999 (**)

% European works 2000
(**)

ORF 1
ORF 2

RTBF 1
RTBF 2
RTL - TVI
Club
VRT TV 1
VRT Canvas/
Ketnet
VTM
Ka 2

ARD
ZDF
KABEL 1
Prosieben
RTL
RTL 2
SAT 1

DR TV 1
TV2
TV Denmark

ET 1
Net
ALPHA
ANTENNA
STAR
MEGACHANN
EL

TVE 1
TVE-1/ La 2
Tele 5
Antena 3

TF1
France 2
France 3
M6
Canal +

RTE 1
Network 2
TV 3

24.4
33.1

17.2
3
18.4
4.8
22.6
8

27.2
5.9

26.80
13.20
5.40
8.40
14.80
4.00
10.80

28.1
36.1
7.7

5.6
3.9
16.7
23
13.7
20.5

24.9
8.1
21
22.8

35.1
22.3
16.3
13.6
4.5

31.9
16.7
5.8

24.1
31.5

17.7
3.4
18.1
5.6
23.4
8.3

26.7
7.7

27
13.3
5.5
8.2
14.3
4.8
10.2

28.9
36.1
7

6.4
4.2
15.8
21.8
14.3
21.2

24.5
7.9
22.3
21.5

33.4
22.1
16.8
12.7
4.1

29.6
15.8
9

111

34
79.2

74.3
83.7
49.1
60.2
59
62

61
25

90.4
86.1
25.4
46.2
71
36
66.5

81
65
36

71
95.56
57
60.28
51.9
93

51.89
56.28
45.4
58.2

65.5
77.3
69.4
63.8
61.1

56
57
49.5

36.6
81

71.1
89.4
54.1
54.2
60
63

60
30

90.37
87.04
27.9
46
71
46
72.7

82
59
42

72
95.9
58
61.36
52.6
87.2

56.63
61.38
51.6
64.4

66.4
78.1
71.4
63.9
65.2

58
59
49

Member
State
AT

BE

DE

DK

GR

ES

FR

IR

IT

Member
State

LU

NL

PT

FI

SE

UK

Channel

Rai Uno
Rail Due
Rai Tre
Canale 5
Italia Uno
Rete 4

Rtl Tele
Lêtzebuerg

Ned 1
Ned 2 / TV 2
Ned 3
Veronica
SBS 6

RTP 1
RTP 2
SIC
TVI

TV 1
TV 2
MTV 3
Nelonen

SVT 1
SVT 2
TV 3 102
TV 4
Kanal 5 103

BBC1
BBC2
ITV
Channel 4
Channel 5

% audience
1999 (*)
22.8
15.7
9.1
21.2
11.5
9.9

% audience 2000
(*)
23.3
14.6
9.4
22.5
11.3
9.6

% European
works 1999 (**)
77.28
75.54
80.15
64.8
41.25
56.35

% European works 2000
(**)
78.64
70.54
86.91
60.27
39.66
59.87

58.6 100

58.6 101

11.8
13.8
8.9
8.5
10.1

27
5.6
45.4
16.4

23
20
42
10

21.4
25.8
10.8
27
5.9

28.4
10.8
31.2
10.3
5.4

11.2
17.2
8
6.5
9.8

24.3
5.6
42.2
20.8

22.6
19.7
40.4
11.5

19.9
24
11.4
28
6.1

27.2
10.8
29.3
10.5
5.7

100

76
86
83
49
46

59.2
60.3
44.8
30.5

86
72
55
52

82
88

51.49

65.00
65.00
72.00
65.00
53.00

100

78
76
85
45
54

64.6
61.9
34.8
36.5

85
77
63
53

84.88
88.2
17
50.27
19.5

71.00
73.00
77.00
69.00
54.00

(*)  Source:  European  Audiovisual  Observatory,  Statistical  Yearbook  2002  (Volume  2)  “Household
audiovisual equipment — transmission — television audience” — Audience share over the whole day, with
the exception of Luxembourg (between 19 h and 20 h).

(**) Source: Declarations by the Member States, period from 1 January 1999 to 31 December 2000.

100

101

102

103

Audience share between 19 h and 20 h and not for the whole day (14.3% for the period 1999-2000).
Audience share between 19 h and 20 h and not for the whole day (14.3% for the period 1999-2000).
The report does not include the figures for 1999 (analogue transmission).
The report does not include the figures for 1999 (analogue transmission).

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