Commission staff working document - Accompanying document to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Eighth communication on the application of Articles 4 and 5 of Directive 89/552/EEC ‘Television without Frontiers’, as amended by Directive 97/36/EC, for the period 2005-2006 [COM(2008) 481 final]
Date: 2008-07-22
Institutions: European Commission
Subjects: European television, application of EU law, audiovisual production, broadcasting, programmes industry, report, television

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.7.2008 
SEC(2008) 2310 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying document to the   

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

Eighth Communication on the application of Articles 4 and 5 of Directive 89/552/EEC 
‘Television without Frontiers’, as amended by Directive 97/36/EC, for the period 2005-
2006 

[COM(2008) 481 final] 

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TABLE OF CONTENTS 

BACKGROUND DOCUMENT 1: Performance indicators...................................................... 3 

BACKGROUND DOCUMENT 2: Charts and tables on the application of Articles 4 and 5... 6 

BACKGROUND DOCUMENT 3: Application of Articles 4 and 5 in each Member State ... 12 

BACKGROUND DOCUMENT 4: Summary of the reports from the Member States ........... 44 

BACKGROUND DOCUMENT 5: Voluntary reports by Bulgaria and Romania................. 177 

BACKGROUND  DOCUMENT  6:  Reports  from  the  Member  States  of  the  European  Free 
Trade Association participating in the European Economic Area ......................................... 182 

BACKGROUND  DOCUMENT  7:  Average  transmission  time  of  European  works  by 
channels with an audience share above 3% .. ........................................................................ 187 

BACKGROUND  DOCUMENT  8:  List  of  television  channels  in  the  Member  States  which 
failed to achieve the majority proportion required by Article 4............................................. 195 

BACKGROUND  DOCUMENT  9:  List  of  television  channels  in  the  Member  States  which 
failed to achieve the minimum proportion required by Article 5........................................... 213 

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BACKGROUND DOCUMENT 1: Performance indicators 

The following indicators facilitate the evaluation of compliance with the proportions referred 
to in Article 4 and 5 of the Directive. Indicators 2 – 5 are based on criteria set out in Articles 4 
and 5. All performance indicators allow compliance to be assessed at both Member State and 
Community level.  

General indicator 

Indicator 1: Number of channels covered by Articles 4 and 51. 

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

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

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

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

-  Recital  29  of  Directive  97/36/EC:  channels  broadcasting  entirely  in  a  language  other  than 
those of the Member States should not be covered by the provisions of Articles 4 and 5. 

Channels for which Member States did not communicate data for Articles 4 or 5 (NC) were 
included. 

Indicators concerning Article 4 (European works)2 

Indicator 2: Average transmission time reserved for European works. 

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

It is obtained by determining the average transmission time reserved for European works as 
referred  to  in  Article  6  by  each  channel  covered  by  Article  4  for  which  data  were 
communicated  (‘reported  channels’)  and  by  comparing  that  figure  with  the  total  qualifying 
transmission time.3  

The Member State averages are based on the average proportions of all channels covered by 
Article  4  for  which  data  were  communicated  (‘reported  channels’)  by  the  Member  State 
concerned. 

The EU averages are based on the Member State averages. 

1 
2 
3 

See Chart 1 and Table 1 in Background Document 2. 
See Table 2 in Background Document 2. 
I.e.  total  transmission  time  excluding  the  time  reserved  for  news,  sports  events,  games,  advertising, 
teletext services and teleshopping. 

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Indicator 3: Compliance rate of channels achieving or exceeding the majority proportion 
of European works. 

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

It is obtained by determining the number of channels achieving the majority proportion (more 
than 50%) under Article 4 and comparing that figure with the number of channels covered by 
Article  4  (Indicator  1).  The  channels  for  which  no  data  were  communicated  (NC)  are  thus 
considered non-compliant for the purpose of this indicator. 

The EU averages are based on the Member State averages. 

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

Indicator  4:  Average  transmission  time,  or  alternatively,  average  proportion  of  the 
programming  budget  allocated  to  European  works  by 
independent  producers 
(independent productions). 

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

It is obtained by determining the average transmission time, or average programming budget, 
reserved for European works by independent producers on each channel covered by Article 5 
for which data were communicated (‘reported channels’) and by comparing that figure with 
the total qualifying transmission time. 

The Member State averages are based on the average proportions of all channels covered by 
Article  5  for  which  data  were  communicated  (‘reported  channels’)  by  the  Member  State 
concerned. 

The EU averages are based on the Member State averages. 

Indicator  5:  Compliance  rate  of  channels  in  achieving  the  minimum  proportion  of 
independent productions. 

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

It is obtained by determining the number of channels achieving the minimum proportion of at 
least 10% under Article 5 and comparing that figure with the number of channels covered by 
Article  5  (Indicator  1).  The  channels  for  which  no  data  were  communicated  (NC)  are  thus 
considered non-compliant for the purpose of this indicator. 

The EU averages are based on the Member State averages. 

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

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

4 

See Tables 3 and 4 in Background Document 2. 

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It  is  obtained  by  determining  the  average  transmission  time  reserved  for  recent  European 
works by independent producers on each channel covered by Article 5 for which data were 
communicated (‘reported channels’) and by comparing that figure with the transmission time 
reserved for all independent productions. 

The Member State averages are based on the average proportions of all channels covered by 
Article 5 and for which data were communicated (‘reported channels’) by the Member State 
concerned. 

The EU averages are based on the Member State averages.  

In order to better evaluate actual developments in the broadcasting of recent works,  the EU 
average figures for recent works were also compared with total qualifying transmission time.5 

5 

See Chart 2, Background Document 2. 

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

Chart 1 

Indicator 1: Channels covered by Articles 4 and 5 (Community level)

s
l
e
n
n
a
h
c

f
o
r
e
b
m
u
N

1200

1000

800

600

400

200

0

EU-25 (since 2004)

EU-15

584

2003

2003

584

584

765

654

2004

2004

765

654

949

800

2005

2005

949

800

EU-25 (since 2004)

EU-15

1096

941

2006

2006

1096

941

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Table 1 

Indicator 1: channels covered by Articles 4 and 5 (Member State level) 

15 
26 

2003 
22 

12 
45 
84 
4 
95 

Table 1 
Year 
BE 
CY 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
LV 
LT 
LU 
HU 
MT 
NL 
AT 
PL 
PT 
SI 
SK 
FI 
SE 
UK 

IND 1: number of covered channels 
2004 
33 
5 
12 
16 
28 
3 
12 
46 
89 
4 
87 
10 
4 
10 
15 
5 
55 
11 
44 
15 
9 
4 
7 
16 
225 
765 
654 
111 
* over 4 years (2003-2006) for EU-15; since 2004 for EU-10 
** includes 111 channels for EU-10 as of 2004. 

IND 1 
MS 
2006 Evolution*
BE 
22
CY 
0
CZ 
16
DK 
3
DE 
15
EE 
0
GR 
26
ES 
11
FR 
16
IE 
1
IT 
38
LV 
-5
LT 
0
LU 
4
HU 
7
0 MT 
NL 
AT 
PL 
PT 
SI 
SK 
FI 
SE 
UK 
512** EU-25 
357 EU-15 
44 EU-10 

2005
43
5
25
17
37
3
40
48
92
4
109
5
4
13
22
5
65
12
50
13
27
3
9
24
274
949
800
149

44
5
28
18
41
3
38
56
100
5
133
5
4
14
22
5
85
11
53
13
27
3
9
32
342
1096
941
155

36
3
9
1
18
-1
3
21
157

6 
11 
185 
584 
584 

[5] 
49 
8 

12 
[9] 

[4] 
10 

Total 

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Chart 2 

Development of main indicators from 2003-2006 (Community level)

/

)
P
I
%
T
Q
T
%

(

s
n
o
i
t
r
o
p
o
r
p

80

70

60

50

40

30

20

10

0

EW (%TQT-IND 2)

IP (%TQT-IND 4)

RW (%TQT)

RW (%IP-IND 6)

71,66

65,18

31,39

22,50

2003

2003

65,18

31,39

22,50

71,66

69,09

63,32

31,50

21,77

2004

2004

63,32

31,50

21,77

69,09

68,65

63,52

36,44

25,02

2005

2005

63,52

36,44

25,02

68,65

66,75
65,05

37,59

25,09

2006

2006

65,05

37,59

25,09

66,75

EW (%TQT-IND 2)

IP (%TQT-IND 4)

RW (%TQT)

RW (%IP-IND 6)

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Table 2 

Indicators 2 and 3: European works (Member State level) 

Table 2 

IND 2: European works (EW — Article 4) 

IND 3: compliance 
rate  

IND 2/3 

Year 
BE 
CY 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
LV 
LT 
LU 
HU 
MT 
NL 
AT 
PL 
PT 
SI 
SK 
FI 
SE 
UK 

2003 
58.32 

86.20 
63.57 

68.44 
60.92 
69.90 
52.75 
58.81 

[49.75] 
64.67 

[75.01] 
71.78 
72.76 

64.56 
[49.62] 

77.50 
53.49 
54.00 

EW 

65.18 

IP 
RW (%TQT) 
RW (%IP) 

31.39 
22.50 
71.66 

2004 
53.50 
50.34 
49.12 
86.33 
65.53 
61.77 
71.04 
59.87 
70.40 
52.25 
62.00 
63.29 
53.45 
62.44 
66.94 
77.44 
65.58 
73.72 
77.77 
62.32 
53.23 
64.33 
70.48 
56.90 
53.00 
63.32 
64.36 
61.77 
31.50 
21.77 

69.09 

2005 
58.33 
58.50 
62.95 
81.14 
61.78 
61.80 
60.71 
63.55 
70.81 
52.25 
61.41 
64.52 
53.48 
65.48 
71.95 
76.99 
66.38 
65.63 
80.18 
66.15 
47.31 
63.80 
69.33 
51.06 
52.56 
63.52
63.10
64.15
36.44
25.02
68.65

2006  Evolution* 
5.64 
63.96 
19.42 
69.76 
30.80 
79.92 
-5.28 
80.92 
-2.88 
60.69 
0.96 
62.73 
-12.97 
55.47 
-0.40 
60.52 
3.40 
73.30 
2.45 
55.20 
2.10 
60.91 
-0.80 
62.49 
-6.47 
46.98 
2.39 
67.06 
9.99 
76.93 
1.09 
78.53 
-1.52 
70.26 
-4.40 
68.36 
3.30 
81.07 
4.06 
68.62 
-0.95 
52.28 
-2.06 
62.27 
-7.94 
69.56 
-8.05 
45.44 
-0.98 
53.02 
-0.13
65.05
-1.63
63.55
5.53
67.30
6.20
37.59
2.59
25.09
-4.91
66.75

2005 
88 
60 
36 
76 
62 
67 
60 
75 
93 
50 
68 
100 
50 
85 
68 
100 
51 
67 
88 
69 
30 
100 
78 
46 
48 
68.60 
67.73 
69.90 
69.49 

2006 
BE 
88 
CY 
80 
CZ 
79 
DK 
78 
DE 
54 
EE 
100 
GR 
58 
ES 
73 
FR 
94 
IE 
60 
IT 
61 
LV 
80 
LT 
50 
LU 
71 
HU 
86 
100  MT 
NL 
68 
AT 
64 
PL 
89 
PT 
77 
SI 
41 
SK 
100 
FI 
78 
SE 
41 
UK 
52 

72.88  EU-25 
67.80  EU-15 
80.50  EU-10 
71.85 

n.a. 

n.a. 

EU 

* over four years (2003-2006); since 2004 for EU-10 

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Table 3 

Indicators 4 and 5: European works by independent producers (Member State level) 

Table 3 

IND 4: EW by independent producers (IP — Article 5)  

IND 5: compliance 
rate  

IND 4/5 

Year 
BE 
CY 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
LV 
LT 
LU 
HU 
MT 
NL 
AT 
PL 
PT 
SI 
SK 
FI 
SE 
UK 

2003 
32.36 

15.81 
35.98 

25.67 
31.36 
41.16 
27.25 
23.78 

[25.95] 
26.78 

[39.84] 
32.50 
44.95 

27.66 
[17.12] 

30.63 
43.00 
32.00 

IP 

31.39 

RW (%TQT) 
RW (%IP) 

22.50
71.66

2004 
32.74 
43.86 
22.46 
19.93 
40.99 
31.03 
26.31 
30.17 
45.80 
24.00 
25.00 
42.66 
34.05 
25.11 
33.64 
38.14 
33.42 
46.38 
27.69 
25.57 
16.24 
25.75 
29.96 
36.67 
30.00 
31.50 
31.47 

31.55 
21.77 
69.09 

2005 
58.78 
9.70 
33.94 
28.98 
64.11 
46.10 
18.29 
41.05 
53.64 
26.50 
14.16 
33.28 
25.68 
57.63 
43.38 
42.76 
39.45 
49.65 
26.66 
23.69 
18.49 
25.40 
44.11 
57.14 
28.51 
36.44 
40.38 
30.54 
25.02
68.65

2006  Evolution* 
20.64 
53.00 
-37.38 
6.48 
12.57 
35.03 
17.36 
33.17 
29.12 
65.10 
17.84 
48.87 
-6.16 
19.51 
8.10 
39.46 
11.22 
52.38 
7.15 
34.40 
-12.24 
11.54 
-10.74 
31.92 
-10.90 
23.15 
27.88 
54.66 
20.27 
53.91 
6.82 
44.96 
17.10 
49.60 
7.24 
52.19 
-1.70 
25.99 
2.65 
30.31 
3.80 
20.04 
0.26 
26.01 
14.48 
45.11 
10.12 
53.12 
-2.28 
29.72 
6.20 
37.59 
10.16 
41.55 
0.09 
31.64 
2.59 
25.09
-4.91 
66.75

2005 
93 
20 
20 
47 
92 
100 
50 
88 
77 
100 
47 
100 
75 
85 
64 
100 
81 
100 
88 
85 
37 
100 
89 
92 
68 
75.92 
79.60 
70.40 

2006 
BE 
79 
CY 
20 
CZ 
61 
DK 
56 
DE 
93 
EE 
100 
GR 
47 
ES 
89 
FR 
76 
IE 
100 
IT 
41 
LV 
100 
LT 
75 
LU 
86 
HU 
91 
100  MT 
NL 
88 
AT 
100 
PL 
85 
PT 
85 
SI 
48 
SK 
100 
FI 
100 
SE 
94 
UK 
66 

79.20  EU-25 
80.00  EU-15 
78.00  EU-10 

n.a. 

n.a. 

EU 

* over four years (2003-2006); since 2004 for EU-10  

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Table 4 

Indicator 6: Recent European works by independent producers (Member State level) 

IND 6: Recent EW by IP (RW as a % of IP — Article 5)  

IND 6 

Table 4 
Year 
BE 
CY 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
LV 
LT 
LU 
HU 
MT 
NL 
AT 
PL 
PT 
SI 
SK 
FI 
SE 
UK 

2003 
89.00 

84.78 
71.53 

31.87 
73.50 
64.93 
97.50 
70.59 

[87.00] 
50.00 

[50.21] 
74.42 
80.83 

82.68 

64.14 
71.17 
68.00 

2004 
87.39 
22.20 
70.26 
80.10 
73.11 
89.30 
34.74 
74.84 
61.30 
97.50 
69.95 
NC 
88.50 
51.00 
64.17 
80.80 
78.10 
84.94 
58.41 
73.52 
69.33 
100.00 
66.63 
53.92 
63.00 
69.09 
70.00 
67.57 

2005 
85.61 
100.00 
57.06 
70.82 
67.11 
26.13 
28.64 
71.10 
59.34 
28.50 
65.76 
85.20 
90.00 
55.65 
74.14 
82.20 
89.50 
71.23 
52.72 
90.17 
55.45 
100.00 
76.11 
66.23 
67.63 
68.65 
66.23 
72.29 

-5.77 
68.76 
-18.07 
-19.95 
-6.81 
-58.53 
2.15 
-3.97 
-8.13 
-72.70 
-2.88 
n.a. 
4.00 
7.86 
7.29 

2006  Evolution*  MS  
83.23 
90.96 
52.19 
64.83 
64.72 
30.77 
34.02 
69.53 
56.80 
24.80 
67.71 
81.68 
92.50 
57.86 
71.46 
54.46 
86.78 
73.83 
59.18 
93.50 
55.88 
100.00 
76.78 
55.76 
69.58 
66.75 
65.32 
68.91 

BE 
CY 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
LV 
LT 
LU 
HU 
-26.34  MT 
NL 
12.36 
AT 
-7.00 
PL 
0.77 
PT 
10.82 
SI 
-13.45 
SK 
0.00 
FI 
12.64 
SE 
-15.41 
UK 
1.58 
-4.91  EU-25 
-6.34  EU-15 
1.34  EU-10 

RW 

71.66 

* over four years (2003-2006); since 2004 for EU-10 

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BACKGROUND DOCUMENT 3: Application of Articles 4 and 5 in each Member State 

Introduction...............................................................................................................................14 

1. 

Application of Articles 4 and 5: general remarks.........................................................15 

1.1.  Monitoring and control methods...................................................................................15 

1.2.  Reasons for non-compliance.........................................................................................15 

1.3.  Measures envisaged or adopted to remedy cases of non-compliance...........................17 

1.4.  Conclusions...................................................................................................................18 

2. 

Application of Articles 4 and 5: detailed analysis........................................................18 

2.1.  Belgium.........................................................................................................................18 

2.2.  Cyprus...........................................................................................................................20 

2.3.  Czech Republic.............................................................................................................21 

2.4.  Denmark........................................................................................................................22 

2.5.  Germany........................................................................................................................24 

2.6.  Estonia...........................................................................................................................25 

2.7.  Greece............................................................................................................................25 

2.8. 

Spain..............................................................................................................................26 

2.9. 

France............................................................................................................................27 

2.10. 

Ireland............................................................................................................................28 

2.11. 

Italy................................................................................................................................29 

2.12.  Latvia.............................................................................................................................30 

2.13.  Lithuania........................................................................................................................31 

2.14.  Luxembourg..................................................................................................................32 

2.15.  Hungary.........................................................................................................................33 

2.16.  Malta..............................................................................................................................34 

2.17.  Netherlands....................................................................................................................35 

2.18.  Austria...........................................................................................................................36 

2.19.  Poland............................................................................................................................37 

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2.20.  Portugal….....................................................................................................................38 

2.21.  Slovenia.........................................................................................................................38 

2.22.  Slovak Republic............................................................................................................39 

2.23.  Finland..........................................................................................................................40 

2.24.  Sweden..........................................................................................................................41 

2.25.  United Kingdom............................................................................................................42 

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INTRODUCTION 

This text complements the Eighth Communication from the Commission to the Council and 
to the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC6 
(‘Television  without  Frontiers’,  hereinafter  ‘the  Directive’),  as  amended  by  Directive 
97/36/EC7, drawn up pursuant to its Article 4(3).8 The Eighth Communication, covering years 
2005-2006,  outlines  the  Commission’s  opinion  on  the  application  of  Articles  4  and  5  at 
Community level and presents the principal conclusions that can be drawn from the Member 
States’ reports. The present document (Background Document 3) contains a detailed analysis 
of the application of Articles 4 and 5 in each Member State under the reporting obligations for 
the reference period.9 

The Commission is responsible for ensuring the correct application of Articles 4 and 5 of the 
Directive  in  accordance  with  the  provisions  of  the  Treaty.  According  to  Article  4(3)  of  the 
Directive, the Member States are obliged to provide the Commission with a report every two 
years  on  the  application  of  Articles  4  and  5.  Summaries  of  these  reports  are  reproduced  in 
Background Document 4. 

The present document comprises two parts: 

Part 1 — Application of Articles 4 and 5: general remarks; 

Part 2 — Application of Articles 4 and 5: detailed analysis for each Member State. 

6 
7 
8 
9 

OJ L 298, 17.10.1989. 
OJ L 202, 30.07.1997. 
Articles quoted without further specification are Articles of the Directive. 
Voluntary reports by Bulgaria and Romania are presented in Background Document 5. 

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14 

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1. 

Application of Articles 4 and 5: general remarks 

The  following  general  remarks  concern  the  different  methodologies  used  by  each  Member 
State when applying Articles 4 and 5 of the Directive.  

Although further efforts seem to be needed in some of the Member States, monitoring practice 
improved  in  general,  including  the  monitoring  of  commercial  channels  and,  in  particular, 
satellite  channels.  The  increased  number  of  monitored  channels  reflects  an  ever-growing 
number of private broadcasters entering the market.  

The dynamic development of the sector is further mirrored in the Member States’ reports. For 
the  first  time,  channels  broadcasting  in  Digital  Video  Broadcasting-Handheld  (DVB-H)  are 
listed in a Member State’s report. Italy’s statistical statement featured four such channels (Sky 
Cinema  Mobile,  Sky  Sport  Mobile,  Sky  Vivo  Mobile,  Sky  Show  Mobile).  Some  Member 
States have also included on-demand channels in their reports: for example, the Netherlands 
reported the ‘Arrivo on demand B.V.’ and ‘Chellomedia Programming b.v.’ channels, while 
Belgium included the channel ‘SiA a la demande’ in its report, while citing the reservations 
expressed by the channel as to the possibility of applying Articles 4 and 5 to its format. 

1.1.  Monitoring and control methods  

The  Member  States’  reports  refer  to  various  methods  for  the  monitoring  and  control  of 
compliance  with  the  requirements  of  Articles  4  and  5.  In  most  cases,  the  assessment  of  the 
data is the responsibility of the national or federal authority in charge of audiovisual matters. 
In the vast majority of Member States, the collection of data is left to the broadcasters, who 
submit their data to the responsible authorities. In a few cases, monitoring  is carried out by 
private  research  companies,  which  then  submit  the  data  to  the  responsible  authorities. 
Additional  monitoring  methods  include  monitoring  of  programmes,  sampling  —  regular  or 
random  —  as  well  as  surveys.  The  form  of  monitoring  and  control  may  differ  in  some 
Member States according to the type of channel (public service or commercial) or the means 
of  transmission  (terrestrial  or  satellite).  In  this  context,  the  Commission  reiterates  that  the 
obligation  under  Article  4(3)  of  the  Directive  applies  to  all  television  programmes  falling 
within the jurisdiction of the Member State concerned, irrespective of the type of channels or 
the  means  or  modes  of  transmission  (terrestrial,  satellite,  cable,  broadband;  analogue  and/or 
digital). 

1.2. 

Reasons for non-compliance  

In general, the reasons given for non-compliance with the proportions required under Articles 
4 and 5 of the Directive are the same as those expressed during the previous reference period. 
They are summarised below in order of occurrence: 

•  Programme orientation and special-interest nature of the channel 

A  significant  number  of  reports  explain  the  non-compliance  of  certain  channels  with  the 
required  proportions  by  the  fact  that  they  mainly  broadcast  music,  films,  children’s 
programmes or other special-interest material (niche channels). This reason may be accepted 
only  if  specific  substantiated  arguments  are  given.  Generally,  the  reports  remained  rather 
laconic in this respect. Therefore, it should be pointed out that such channels are not entitled 
to a general ex-ante exemption from their obligation to broadcast the required proportions of 

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European  and  independent  works,  which  applies  each  year  for  each  channel  covered  by 
Articles 4 and 5.10. 

•  Higher costs of European programmes 

Given the objective of Articles 4 and 5 to foster the European audiovisual media industry, this 
reason cannot be taken into account. 

•  Subsidiaries of non-EU companies 

The  reasoning  behind  this  argument  is  that  such  channels  are  very  likely  to  use  their  own 
catalogue material, which results in lower proportions of European works. In this respect, it 
should be pointed out that the ownership of a given channel does not constitute an objective 
criterion exempting it from its obligations under the Directive. 

•  Groups  of  channels  belonging  to  the  same  broadcaster  achieve  the  required  proportions 

when taken together, but not individually; 

Some  of  the  Member  State  reports  point  out  that  groups  of  channels  belonging  to  the  same 
broadcaster comply with the proportions when their figures were taken together, even though 
some  individual  channels  fail  to  meet  the  requirements.  This  argument  implies  that 
monitoring  should  apply  to  the  broadcaster  rather  than  each  individual  channel.  Such  an 
approach  may  have  an  impact  on  competition  between  the  various  market  participants.  In 
some  cases,  it  may  lead  to  the  results  of  ‘small’  (in  terms  of  audience  share)  channels  or 
special-interest  channels  being  artificially  aggregated  with  those  of  ‘major’  general  interest 
channels. It may also encourage scheduling European works on one or more specific (and less 
watched) channels. In this respect, it should be observed that, whereas Article 4(1) speaks of 
‘broadcasters’ having to reserve proportions of their transmission time, Article 4(3) refers to 
‘television programmes’  as  regards monitoring the achievement of  the required proportions. 
Consequently, broadcasters have to ensure that the proportions are achieved by each channel 
broadcast. 

•  Progress achieved 

According to Article 4(3), the Commission may ‘take account in its opinion, in particular, of 
progress achieved in relation to previous years’ as regards compliance with Articles 4 and 5. 
In line with the principle of progressive improvement, some Member States have introduced 
in  their  legislation  ‘non-slip-back’  clauses  for  channels  that  fail  to  meet  the  proportions,  in 
addition to the existing rules. 

•  The recent nature of the channel 

Given the ever-growing number of newly emerging channels in the market, the recent nature 
of the channels is often put forward by the Member States as a reason for non-compliance. In 
accordance  with  Article  4(3),  the  Commission  may  take  account  in  its  opinion  of  the 
particular  circumstances  of  new  television  broadcasters.  It  should  be  noted,  however,  that 
many  of  the  new  entrants  in  the  market  quickly  achieve  the  proportions  required  under 
Articles 4 and 5 in their first years of operation. 

10 

See Indicator 1, Background Document 1. 

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•  Specific market conditions during the reference period 

Some  Member  States  indicate  in  their  reports  that  events  of  major  importance,  such  as  the 
Olympic Winter Games and the Football World Cup, predominated in 2006. As these events 
do  not  count  towards  the  qualifying  time  for  achieving  the  proportions  required  under  the 
Directive, their transmission on major channels narrowed the margin within which European 
works and independent productions could be placed. In this respect, it should be pointed out 
that  the  importance  of  news,  sports,  events,  games,  advertising,  teletext  services  or 
teleshopping in a channel’s schedule does not have any effect on the relative compliance with 
the thresholds set for qualifying transmission time, even if in absolute terms the opportunities 
for scheduling European works may be reduced. 

•  Low audiovisual production capacity or restricted language area 

Some  Member  States  hinted  at  difficulties  encountered  by  broadcasters  under  their 
jurisdiction  which  are  due  to  their  limited  market  size  or  linguistic  situation.  According  to 
Article  4(3),  the  Commission  may  take  account  in  its  opinion  of  the  specific  situation  of 
countries with a low audiovisual production capacity or restricted language area of a Member 
State.  

•  Changes in methodology (abandoning the 3% audience threshold) 

One Member State referred to the impact of the change in methodology since the last report. 
While  previously  channels  with  less  than  a  3%  audience  share  were  excluded  from 
consideration under Article 4, the methodology was changed in the last report to present the 
average proportions of European works on all channels covered by Article 4. As a result, the 
Member  State  concerned  considered  that  the  report  failed  to  record  properly  the  major 
contribution  made  to  European  production  by  broadcasters  under  its  jurisdiction.  In  this 
respect, it should be recalled that the previous methodology was adopted because at the time 
channels with audience shares below 3% were considered to be of marginal importance. With 
the considerable increase in the number of channels, this consideration is no longer justified. 
Nevertheless,  for  ease  of  comparison,  Background  Document  7  lists  the  channels  with 
audience shares above 3% and their respective proportions of transmission time reserved for 
European works. 

1.3.  Measures envisaged or adopted to remedy cases of non-compliance  

The  Member  States  referred  to  different  types  of  measures  that  were  either  envisaged  or 
already  taken  in  cases  of  non-compliance  with  the  required  proportions.  In  most  cases,  the 
Member States chose to hold talks with the channels/broadcasters concerned. In some cases, 
broadcasters were given a formal notice or subjected to specific monitoring. Only a minority 
among  the  Member  States  explicitly  mentioned  that  their  legislation  provides  for 
administrative or penalty procedures. These procedures may result in fines or, in some cases, 
as a last resort, the withdrawal of licences. As in the previous report, only a few cases were 
mentioned where measures had already been taken at the time of reporting. 

In  this  regard,  the  Commission  would  like  to  insist  on  the  need  for  the  Member  States 
concerned to improve their enforcement measures against channels in breach of the Directive, 
in  order  to  ensure,  where  practicable  and  by  appropriate  means,  that  the  proportions  of 
transmission  time  laid  down  in  Articles  4  and  5  are  achieved.  Especially  in  cases  where 
channels  continuously  fail  to  meet  the  proportions  —  and  the  number  of  such  channels  is 

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significant  —  only  stricter  enforcement  of  the  rules  in  place  can  ensure  the  effective 
implementation of Articles 4 and 5 at Member State level. 

1.4. 

Conclusions  

It has to be stressed that this is the first report containing statistical statements for the entire 
reference period from the 10 Member States that joined the European Union in 2004. 

In general, with an increasing number of covered (and reported) channels, in both the EU-15 
and  the  EU-25  as  a  whole,11  the  national  reports  indicate  satisfactory  application  of  the 
provisions of Article 4, although there remains ample room for improvement. 15 of the EU-25 
Member States increased their average majority proportion during the reference period (2005-
2006). In the EU-15, eight Member States were able to increase their percentages from 2005 
to  2006.  Nonetheless,  over  a  medium-term  perspective,  looking  at  the  previous  reference 
period  and  the  subsequent  development,  the  majority  of  Member  States  have  not  seen  any 
increase in the figures regarding the 50% proportion European works. Correspondingly, only 
twelve Member States increased their average majority proportion either during the four years 
2003-2006 or from the beginning of reporting in 2004.12 This negative impression is slightly 
mitigated when taking into account that nine Member States saw only a decrease of five or 
fewer percentage points over the four years. 

As  regards  Article  5  (European  works  made  by  independent  producers),  15  of  the  EU-25 
Member  States  increased  their  average  proportions  for  independent  productions  during  the 
reference period. Over four years (2003-2006),13 the percentages fell in only seven Member 
States, whereas the 18 other Member States saw often quite substantial increases. It may also 
be  noted  that  18  Member  States  were  able  to  stabilise  their  performance  regarding 
independent  works  at  well  above  25%  —  in  other  words  one  quarter  —  of  total  qualifying 
transmission  time.  Despite  the  fact  that  a  number  of  channels  faced  significant  losses  and 
given  that  Article  5  stipulates  a  minimum  proportion  of  only  10%,  this  is  a  significant 
development, showing the positive effects of the progressive achievement approach. 

2. 

Application of Articles 4 and 5: detailed analysis 

2.1. 

Belgium14 

Flemish Community 

The  total  number  of  channels  identified was  38  in  2005  and  34  in  2006.  Six  channels  were 
reported to be non-operational in 2005 and two in 2006. 

European works 

The reported15 channels broadcast an average of 47.77% and 58.35% European works in 2005 
and  2006,  respectively,  representing  an  average  10.58  percentage  point  increase  over  the 
reference period and an increase of 1.7 points over four years (2003-2006). 

11 
12 
13 
14 

See Background Document 2, Chart 1. 
The latter applies to the 10 Member States that joined the European Union in 2004. 
From 2004 onwards for the EU-10. 
Two separate reports were received from the Flemish and the French Communities. This distinction is 
therefore  reflected  in  the  present  analysis.  However,  the  figures  were  aggregated  for  the  purpose  of 
assessment at Member State level in Background Document 2.  

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For  2005,  of  the  total  of  27  covered16  channels,  11  achieved  the  majority  proportion  of 
transmission time specified in Article 4 of the Directive, while 13 were well below the target. 
For  3  channels,  no  data  were  communicated.  The  compliance  rate,  in  terms  of  number  of 
channels, was 41%.  

For  2006,  of  the  total  of  27  covered  channels,  11  achieved  the  majority  proportion  of 
transmission  time  specified  in  Article  4  of  the  Directive,  while  nine  did  not.  For  seven 
channels, no data were communicated. The compliance rate, in terms of number of channels, 
was thus 41% for the entire reference period. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 67.23% in 2005 and 64.65% in 2006, representing a decrease of –2.58 percentage points 
over the reference period but a very significant increase of 32.89 points over four years (2003-
2006). 

For  2005,  the  compliance  rate,  in  terms  of  number  of  channels,  was  85%,  meaning  that  23 
channels  covered  by  Article  5  exceeded  the  minimum  requirement.  Only  one  channel 
(Canvas) missed the target. Three channels communicated no data. The average proportions 
ranged from 12.7% to 98%. 

For 2006, the compliance rate, in terms of number of channels, was 70%. Of the total of 27 
channels  covered,  19  exceeded  the  minimum  of  10%  (percentages  ranging  from  10.4%  to 
97%). Again, only one channel (Canvas) did not meet the minimum proportion. The data for 
seven channels were not communicated. 

The proportion of recent works among all independent productions reached a remarkably high 
level, with an average of 93.80% and 95.98% in 2005 and 2006, respectively, representing an 
average increase of 2.18 percentage points over the reference period. 

French Community 

The total number of channels identified was 24 in 2005 and 21 in 2006. The report exempted 
two channels in 2005 and four channels in 2006. Six channels were not operational in 2005. 

European works 

All the reported channels had an average of 68.88% and 69.56% European works in 2005 and 
2006,  respectively,  representing  an  increase  of  0.68  percentage  points  over  the  reference 
period and a 9.29 point increase over four years (2003-2006). 

For 2005, of the total of 16 covered channels, 15 channels exceeded the 50% minimum under 
Article 4 of the Directive, while one channel (Club RTL) fell short. The compliance rate, in 
terms of number of channels, was 94%.  

15 
16 

‘Reported’ channels are those for which data were communicated by the Member States. 
The term ‘covered’ channels refers to the total number of channels identified less the number of non-
operational and exempted channels, see Indicator 1, Background Document 1. 

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In 2006, of the 17 covered channels, 16 channels achieved the majority proportion. No data 
were  communicated  for  one  channel.  The  compliance  rate,  in  terms  of  number  of  channels, 
was again 94%. 

The report explains that the three channels RTL-TVI, Club RTL and PLUG, belonging to the 
broadcaster  TVI  s.a.,  together  devoted  49%  transmission  time  to  European  works  in  2005. 
Thus, when taken together, they exceeded the national minimum of 41.6% set for the Belgian 
French  Community.  The  Commission  recalls  that  the  proportion  specified  in  Article  4(1) 
applies to each of the television channels falling within the jurisdiction of the Member State 
concerned.  

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
50.33% in 2005 and 41.34% in 2006, representing a -8.99 percentage point decrease during 
the reference period and an increase of 10.21 points over four years (2003-2006). 

In 2005, the compliance rate was 100%, meaning that all 16 covered channels exceeded the 
minimum proportion specified in Article 5 of the Directive (percentages ranging from 10.75% 
to 96.98%).  

For 2006, the compliance rate fell to 88%. Of the total of 17 covered channels, 15 exceeded 
the 10% minimum. One channel was below the target, and another did not communicate any 
data. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
channels  was  77.41%  in  2005  and  70.47%  in  2006,  representing  a  decrease  of  -6.94 
percentage points over the reference period. 

2.2. 

Cyprus 

European works 

The total number of reported channels covered by Article 4 over the reference period was five 
(out of a total number of seven channels identified). These channels broadcast an average of 
58.50%  and  69.76%  European  works  in  2005  and  2006,  respectively.  This  represents  a 
significant  11.26  percentage  point  increase  over  the  reference  period  and  a  considerable 
increase of 19.42 points since the beginning of reporting in 2004. 

Two channels — Sigma during the entire reference period and CyBC-2 in 2005 only — did 
not  reach  the  50%  minimum.  The  report  indicated  that  the  orientation  of  CyBC-2  towards 
sports  and  recreation  programmes  explained  its  failure  to  achieve  a  majority  proportion. 
Concerning Sigma, the report emphasised that in comparison to the last report the channel had 
significantly increased its proportion of European works. 

For  2005,  of  the  total  of  five  covered  channels,  three  achieved  the  majority  proportion  of 
transmission time specified in Article 4, while two did not. The compliance rate, in terms of 
number of channels, was 60%. 

For  2006,  of  the  total  of  five  covered  channels,  four  channels  achieved  the  majority 
proportion,  while  one  channel  failed  to  do  so.  The  compliance  rate,  in  terms  of  number  of 
channels, rose to 80%.  

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The  Commission  would  point  out  that  the  proportion  specified  in  Article  4(1)  applies  each 
year  to  each  of  the  television  channels  falling  within  the  jurisdiction  of  the  Member  State 
concerned.  At  the  same  time,  it  acknowledges  that  Cyprus  is  a  country  with  a  restricted 
language area and takes note of its efforts to increase the proportion of European works. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was  9.70%  in  2005  and  6.48%  in  2006,  representing  a  decrease  of  -3.22  percentage  points 
over  the  reference  period  but  a  significant  decrease  of  -37.38  points  since  the  beginning  of 
reporting in 2004. 

For  both  2005  and  2006,  the  compliance  rate,  in  terms  of  number  of  channels,  was  20%, 
meaning that only one among the five channels covered by Article 5 exceeded the minimum 
proportion of 10%. Average proportions ranged from 0.6% to 35.40% in 2005 and from 0% to 
23.40% in 2006.  

During  the  reference  period,  only  one  channel  met  the  requirement  in  Article  5  of  the 
Directive.  The  report  mentions  the  intention  of  the  Cypriot  authorities  to  encourage 
broadcasters to raise the percentages of transmission time devoted to independent works. The 
Commission reiterates that the proportion specified in Article 5 has to be met by all television 
programmes of a broadcaster falling within the jurisdiction of the Member State concerned. It 
takes  note,  however,  of  the  fact  that  Cyprus is  a  country  with  a  low  audiovisual  production 
capacity and welcomes the Cypriot authorities’ efforts in this respect. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  was 
100% in 2005 and 90.96% in 2006, representing a -9.04 percentage point decrease within the 
reference period but a very significant increase of 68.76 points since 2004. 

Despite the low figures for independent productions in general, the proportion of recent works 
among independent works has reached a remarkably high level. 

2.3. 

Czech Republic 

Of the total of 32 channels identified, two channels were exempted in 2005 and four in 2006, 
while five channels were not yet operational in 2005. 

European works 

All  reported  channels  broadcast  an  average  of  62.95%  European  works  in  2005  and  an 
average of 79.92% in 2006. This represents a significant 16.97 percentage point increase over 
the  reference  period  and  an  even  greater  increase  of  30.80  points  since  the  beginning  of 
reporting in 2004. 

For 2005, of the total of 25 covered channels, nine channels achieved the majority proportion 
of transmission time specified in Article 4 of the Directive. Three channels (HBO, HBO 2 and 
Cinemax)  were  below  this  target.  No  data  were  communicated  for  13  channels.  The 
compliance rate, in terms of number of channels, was 36%. 

In 2006, 22 of the 28 covered channels achieved the majority proportion of transmission time 
specified in Article 4, while four channels — the same channels as in 2005 and a new channel 
Nonstop kino — did not. Two channels did not communicate any data. The compliance rate, 
in terms of number of channels, rose to 79%. 

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The report indicated that a majority proportion of European works could not be achieved by 
channels focusing exclusively on film. This was justified by the situation in the market, where 
the supply of high-quality, commercially successful films of European origin apparently did 
not meet the demands of these channels.  

In this respect, the Commission would like to point out that the minimum proportion specified 
in  Article  4(1)  applies  to  all  television  programmes  of  a  broadcaster  falling  within  the 
jurisdiction of the Member State concerned.  

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
in 2005 was 33.94%. In 2006, it rose to 35.03% (an increase of 1.09 percentage points over 
the  reference  period).  This  represents  an  increase  of  12.57  percentage  points  since  the 
beginning of reporting in 2004. 

The  compliance  rate,  in  terms  of  number  of  channels,  was  20%  in  2005  and  61%  in  2006, 
respectively. Although no channel was below the minimum proportion in 2005, no data were 
communicated  for  20  channels.  In  this  respect,  the  Commission  would  point  out  that  the 
reporting  obligation  under  Article  4(3)  of  the  Directive  applies  to  each  of  the  television 
channels  within  the  jurisdiction  of  the  Member  State  concerned.  At  the  same  time,  the 
Commission  acknowledges  that  in  2006  the  number  of  channels  for  which  no  data  were 
communicated went down to two. 

The report indicated that the failure to reach the minimum proportion was due in particular to 
regional broadcasters that broadcast mainly regional information services. To the extent that 
such  channels  can  be  considered  to  be  ‘intended  for  local  audiences’  (and  thus  ‘sub-
regional’),17  the  Commission  observes  that  such  channels  might  be  exempted  from  the 
reporting obligation, in accordance with Article 9 of the Directive. 

The Commission takes note that the Council for Radio and Television Broadcasting is in the 
course of preparing a methodological instruction explaining the requirements under Articles 4 
and  5  of  the  Directive,  which  will  focus  mainly  on  the  terrestrial  regional  broadcasters  and 
selected satellite broadcasters. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
channels reported was 57.06% in 2005 and 52.19% in 2006, representing a -4.87 percentage 
point  decrease  over  the  reference  period.  For  2005,  no  data  were  communicated  for  20 
channels. In 2006, this was the case for only seven channels. 

2.4. 

Denmark 

Out of 27 channels identified, six channels were exempted in 2005 and eight in 2006. Four 
channels were not operational in 2005, while one channel was not operational in 2006.  

17 

See point 2.2. of the suggested guidelines for the monitoring of the implementation of Articles 4 and 5 
of the ‘Television without Frontiers’ Directive of 11 June 1999. 

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European works 

All  reported  channels  broadcast  an  average  of  81.14%  European  works  in  2005  and  an 
average of 80.92% in 2006. This represents a slight decrease of -0.22 percentage points over 
the reference period, and a decrease of -5.28 points over four years (2003-2006). 

For  2005,  of  the  total  of  17  covered  channels,  13  achieved  the  majority  proportion  of 
transmission time specified in Article 4 of the Directive. Four channels (TV 2, TV 2 Zulu, TV 
2 Film, Kanal 4) were below this target. The compliance rate, in terms of number of channels, 
was 76%. 

In 2006, 14 out of 18 covered channels achieved the majority proportion of transmission time 
specified in Article 4, while the remaining four — the same channels as in the previous year 
— did not. The compliance rate, in terms of number of channels, was 78%. 

The  report  gave  no  explicit  reasons  for  the  four  cases  of  non-compliance.  It  only  generally 
stated  that  TV  Zulu,  TV  2  Film  and  Kanal  4  broadcast  less  than  50%  European  works  in 
2006.  Furthermore,  it  indicated  that  TV  2  increased  the  percentage  dedicated  to  European 
works to 49% in 2006. 

The Commission acknowledges that Denmark is in the specific situation of a country with a 
low  audiovisual  production  capacity  and  restricted  language  area.  Yet,  one  of  the  channels 
that failed to meet the majority proportion (TV 2 Zulu) did not show any improvement in its 
scheduling  of  European  works  over  the  longer  term.  This  channel  has  decreased  its 
proportions of European works over the last two reference periods (2003-2006). At the same 
time,  TV  2  has  only  slightly  (0.2  percentage  points)  increased  its  broadcasting  of  European 
works in the current reference period. As pointed out in the last report, Denmark should take 
appropriate  measures  to  ensure  that  the  channels  concerned  achieve  the  proportion  set  in 
Article 4(1) of the Directive, in line with the principle of progressive achievement. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 28.98% in 2005 and 33.17% in 2006, representing a 4.18 percentage point increase over 
the reference period, and an increase of 17.36 points over four years (2003-2006). 

For 2005, the compliance rate, in terms of number of channels, was 47%. Nine channels failed 
to  achieve  the  minimum  proportion  specified  in  Article  5  of  the  Directive,  while  eight 
exceeded it.  

In 2006, the compliance rate was 56%. Ten channels exceeded the minimum proportion and 
eight were below it.  

The  Commission  would  like  to  stress  that  the  minimum  proportion  of  transmission  time 
specified in Article 5 applies to each of the covered television channels. One of the objectives 
of  this  provision  is  to  ensure  equal  competition  among  all  the  television  channels  of 
broadcasters operating within the jurisdiction of the Member State concerned.  

The  average  relative  proportion  of  recent  works  by  independent  producers  for  all  channels 
was  70.82%  in  2005  and  64.83%  in  2006.  This  represents  a  decrease  of  -5.98  percentage 
points  during  the  reference  period.  The  data  for  two  channels  were  not  communicated.  The 

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figures for the individual channels ranged from 8% to 100% in 2005 and from 6% to 100% in 
2006.  

2.5. 

Germany 

Four of the 41 channels identified were not operating in 2005. 

European works 

The  reported  channels  allocated  an  average  of  61.78%  and  60.69%  of  their  total  qualifying 
transmission  time  to  European  works  in  2005  and  2006,  respectively.  This  represents  an 
average  -1.09  percentage  point  decrease  over  the  reference  period  and  a  decrease  of  -2.88 
points over four years (2003-2006). 

In 2005, of the total of 37 covered channels, 23 channels achieved the majority proportion of 
transmission  time  specified  in  Article  4  of  the  Directive  and  13  did  not.  No  data  were 
communicated  for  one  channel.  The  compliance  rate,  in  terms  of  number  of  channels,  was 
62%. 

For 2006, of the total of 41 covered channels, 22 achieved the majority proportion specified in 
Article 4 of the Directive and 17 did not. No data were communicated for two channels. The 
compliance rate, in terms of number of channels, was 54%. 

As  regards  the  reasons  for  the  cases  of  non-compliance,  the  report  points  to  the  special-
interest character of the channels concerned, such as JETIX, Premiere or Kabel 1. It notes that 
the German authorities have entered into talks with the non-compliant broadcasters in order to 
discuss  the  situation,  except  in  the  cases  where  the  failure  was  due  to  their  special-interest 
nature. The report mentions cases where these talks have already had some initial success. 

The  Commission  points  out  that  the  proportion  specified  in  Article  4(1)  of  the  Directive 
applies to all television channels covered by Article 418 and falling within the jurisdiction of 
the Member State concerned, regardless of their nature. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 64.11% in 2005 and 65.10% in 2006, representing an increase of 0.99 percentage points 
during  the  reference  period  and  a  very  significant  increase  of  29.12  points  over  four  years 
(2003-2006). 

For 2005, of the total of 37 covered channels, 34 exceeded the minimum of 10% specified in 
Article  5  of  the  Directive.  Only  two  channels  were  below  this  quota.  No  data  were 
communicated for one channel. Hence, the compliance rate, in terms of number of channels, 
was 92%. 

In 2006, 38 channels out of a total of 41 covered channels exceeded the minimum proportion 
specified in Article 5 of the Directive. Again, only two channels, the same as in the previous 
year (Phoenix and Toon Disney), failed to meet the target. No data were communicated for 
one channel. The compliance rate, in terms of number of channels was 93%. 

18 

See Indicator 1, Background Document 1. 

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The  average  relative  proportion  of  recent  European  works  for  all  reported  channels  was 
67.11% in 2005 and 64.72% in 2006, representing a -2.39 percentage point decrease over the 
reference period. 

2.6. 

Estonia 

European works 

The three reported (and covered) channels broadcast an average of 61.80% European works in 
2005 and 62.73% in 2006. This represents a 0.93 percentage point increase over the reference 
period and an increase of 0.96 points since the beginning of reporting in 2004. 

In  2005,  one  of  the  three  covered  channels  just  failed  to  achieve  the  majority  proportion 
specified  in  Article  4  of  the  Directive  (48%).  The  compliance  rate,  in  terms  of  number  of 
channels, was 67%. 

In 2006, all covered channels achieved the majority proportion of transmission time specified 
in Article 4 of the Directive. Thus, the compliance rate, in terms of number of channels, was 
100%. The figures ranged from 51% to 86.4%. 

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  reported  (and 
covered)  channels  was  46.10%  in  2005  and  48.87%  in  2006.  This represents  an  increase  of 
2.77 percentage points over the reference period and a significant 17.84 point increase since 
the beginning of reporting in 2004. 

All  covered  channels  exceeded  the  10%  minimum  specified  in  Article  5  of  the  Directive 
during  the  reference  period.  The  compliance  rate,  in  terms  of  number  of  channels,  was 
therefore 100%. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
channels was 26.13% and 30.77%. This represents a 4.64 percentage point increase during the 
reference  period,  but  a  major  decrease  of  -58.53  points  since  the  beginning  of  reporting  in 
2004. 

2.7. 

Greece 

In  the  last  report,  the  Commission  pointed  out  that  Greece’s  statistical  statement  contained 
data for only 12 channels, while in the preceding reference period  Greece had identified 39 
channels  (33  covered  in  2001  and  35  in  2002).  The  Commission  insisted  on  Greece’s  legal 
obligation under Article 4(3) of the Directive to submit a complete statement for all covered 
channels  under  its  jurisdiction  for  the  reference  period  2005-2006.  The  Commission  takes 
note of the fact that the number of identified channels  has increased  considerably to 48 (40 
covered in 2005 and 38 covered in 2006) during the reference period for this report. 

European works 

All reported channels broadcast an average of 60.71% and 55.47% European works in 2005 
and  2006,  respectively,  representing  a  -5.24  percentage  point  decrease  over  the  reference 
period, but a large decrease of -12.79 points over four years (2003-2006).  

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For  2005,  of  the  total  of  40  covered  channels  listed  in  the  report,  24  achieved  the  majority 
proportion specified in Article 4 of the Directive, while 16 channels did not. The compliance 
rate, in terms of number of channels, was 60%.  

In 2006, of the total of 38 covered channels, 22 channels achieved the majority proportion of 
transmission  time  specified  in  Article  4  of  the Directive,  while  15  channels  were  below  the 
50% target. No data were communicated for one channel. The compliance rate was therefore 
58%.  

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 18.29% in 2005 and 19.51% in 2006, representing an increase of 1.22 percentage points 
over the reference period and a -6.16 point decrease over a period of four years (2003-2006). 

In  2005,  of  the  total  of  40  covered  channels,  20  exceeded  the  minimum  proportion  under 
Article 4 of the Directive, whereas 20 channels were below the target. The compliance rate, in 
terms of number of channels, was therefore 50%. 

For 2006, of the total of 38 covered channels, 18 exceeded the minimum proportion specified 
in Article 5 of the Directive, while 19 remained below the target. No data were communicated 
for one channel. The compliance rate, in terms of number of channels, was 47%. 

The Greek authorities indicated that most non-compliant channels as regards both Articles 4 
and  5  were  thematic  channels.  The  Commission  would  like  to  point  out  that  that  the 
proportions of transmission time specified in Article 4 and 5 of the Directive apply each year 
to every covered channel with a view in particular to ensuring equal competition among all 
television channels within the jurisdiction of the Member State concerned. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
reported channels  was  28.64% in 2005  and  34.02%  in 2006, representing a  5.38  percentage 
point increase over the reference period and an increase of 2.15 points over four years. In the 
last  report,  the  Commission  already  highlighted  the  relatively  low  proportion  of  recent 
independent  productions  compared  to  other  Member  States  and  the  EU  average.  While  the 
Commission  acknowledges  a  certain  increase  in  the  scheduling  of  such  works,  there  is  — 
under the principle of progressive achievement — still ample room for improvement. 

2.8. 

Spain 

Over  the  entire  reference  period,  10  channels  were  exceptionally  exempted  from  reporting. 
Eight channels were not operational in 2005. No data were communicated for three channels 
during  the  whole  reference  period  (Antena  3  NEOX;  Antena  3  NOVA  and  Telecinco 
estrellas). 

European works 

All reported channels broadcast an average of 63.55% and 60.52% European works in 2005 
and  2006,  respectively,  representing  a  -3.03  percentage  point  decrease  over  the  reference 
period and only a slight 0.4 point decrease over four years (2003-2006). 

For 2005, of the total of 48 covered channels, 36 channels achieved the majority proportion of 
transmission  time  specified  in  Article  4  of  the  Directive,  and  nine  did  not.  No  data  were 

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communicated for three channels. The compliance rate, in terms of number of channels, was 
75%. 

In 2006, out of 56 covered channels, 41 achieved the majority proportion of transmission time 
specified in Article 4 of the Directive, while 12 did not. No data were communicated for three 
channels. The compliance rate, in terms of number of channels, was 73%. 

No  explanations  were  given  for  the  10  exceptional  exemptions.  Regarding  non-compliance, 
the  Spanish  authorities  pointed  to  the  thematic  nature  of  the  channels  and  to  the  fact  that, 
under Spanish law, channels that began broadcasting after 31 December 2001 are allowed a 
transitional 5-year period to gradually attain the required proportions. 

The Commission reiterates that the majority proportion specified in Article 4(1) applies each 
year to all channels covered by this Article, regardless of their audience share, with a view in 
particular  to  ensuring  equal  competition  among  all  the  television  channels  of  broadcasters 
falling within the jurisdiction of the Member State concerned. 

European works made by independent producers 

The  average  proportion  of  European  works  made  by  independent  producers  on  all  reported 
channels  was  41.05%  in  2005  and  39.46%  in  2006,  representing  a  -1.59  percentage  point 
decrease over the reference period but an increase of 8.1 points over four years (2003-2006). 

In 2005, of the total of 48 covered channels, three devoted less than 10% of transmission time 
to  European  works  by  independent  producers,  while  42  exceeded  this  minimum  proportion. 
No data were communicated for three channels. The compliance rate, in terms of number of 
channels, was 88%. 

For 2006, the compliance rate was 89%. Of the 56 covered channels, 50 channels exceeded 
the  10%  minimum,  while  three  channels  failed  to  meet  the  target  (and  no  data  were 
communicated for another three channels). 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
reported channels  was  71.10% and 69.53% in 2005 and 2006, respectively, representing a -
1.58  percentage  point  decrease  during  the  reference  period,  and  a  -3.97  decrease  over  four 
years. 

2.9. 

France 

Out of 129 channels identified, 18 and 10 channels were non-operational in 2005 and 2006, 
respectively. 

European works 

All reported channels broadcast an average of 70.81% and 73.30% European works in 2005 
and  2006,  respectively.  This  represents  an  average  2.49  percentage  point  increase  over  the 
reference period and an increase of 3.40 points over four years (2003-2006). 

In  2005,  of  the  total  of  92  covered  channels,  86  channels  achieved  the  majority  proportion 
specified in Article 4 of the Directive, while only one channel was below the target. The data 
for  five  channels  were  not  communicated.  The  compliance  rate,  in  terms  of  number  of 
channels, was 93%. 

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For  2006,  out  of  100  covered  channels,  94  channels  achieved  the  majority  proportion  of 
transmission time specified in Article 4 of the Directive. The data for six channels were not 
communicated. The compliance rate, in terms of number of channels, went up to 94%. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
covered by Article 5 of the Directive was 53.64% in 2005 and 52.38% in 2006, representing a 
decrease of -1.25 percentage points during the reference period but a considerable increase of 
11.22 points over four years (2003-2006). 

In 2005, of the total of 92 covered channels, 71 channels exceeded the minimum proportion of 
Article 5 of the Directive, while three channels did not meet the requirement. The data for 18 
channels were not communicated. The compliance rate, in terms of number of channels, was 
77%. 

For  2006,  of  the  total  of  99  covered  channels,  75  channels  exceeded  the  10%  minimum  in 
Article 5 of the Directive. Six channels remained below the target. The data for 18 channels 
were not communicated. The compliance rate was thus 76%. 

The national report indicates that the figures for the digital channels (including W9 and TMC) 
were calculated using a different (larger) base than that specified in Article 5 of the Directive, 
namely  the  turnover  of  the  channels  for  the  previous  year.  The  French  authorities  therefore 
argue  that  the  failure  to  attain  the  10%  minimum  does  not  imply  non-compliance  with  the 
Directive.  At  the  same  time,  W9,  a  new  music  channel,  benefits  from  a  national  exemption 
allowing  it  to  progressively  achieve  the  required  target  within  five  years.  In  addition,  the 
report  points  out  that  two  channels  (AB1  and  TF6)  changed  their  economic  model  in  2006, 
giving  priority  to  productions  from  its  distribution  subsidiary.  Three  further  channels 
(Demain, Game one and Berbère TV) broadcast in-house productions. 

The  Commission  would  reiterate  that  the  reporting  obligation  under  Article  4(3)  of  the 
Directive applies to each of the television programmes within the jurisdiction of the Member 
State  concerned,  with  a  view  in  particular  to  ensuring  equal  competition  among  all  the 
television  channels  of  broadcasters  regardless  of  their  transmission  modes  and  nature.  The 
Commission takes note of the fact that French legislation imposes an investment obligation on 
certain channels, calculated using a larger base than that specified in the Directive (turnover 
rather  than  programming  budget).  However,  the  Commission  would  like  to  invite  France  to 
present its national data in future in a way that accurately reflects the compliance of French 
channels with Article 5 of the Directive and allows objective comparisons between different 
Member States. 

The average relative proportion of recent European works by independent producers, for all 
channels  of  all  types,  was  59.34%  and  56.80%  in  2005  and  in  2006,  respectively.  This 
represents a decrease of -2.54 percentage points over the reference period and a decrease of -
8.13 points since 2003. 

2.10. 

Ireland 

Nine channels were exceptionally exempted from reporting during the reference period. One 
channel was not yet operational in 2005. 

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European works 

All  reported  channels  broadcast  an  average  52.25%  and  55.20%  in  2005  and  2006, 
respectively,  representing  an  average  increase  of  2.95  percentage  points  over  the  reference 
period and a 2.45 point increase over four years (2003-2006). 

For  2005,  of  the  total  of  four  covered  channels,  two  achieved  the  majority  proportion 
specified in Article 4 of the Directive. Two channels failed to reach the 50% minimum. The 
compliance rate, in terms of number of channels, was 50%. 

In  2006,  three  of  the  total  of  5  covered  channels  complied  with  the  majority  proportion 
specified in Article 4 of the Directive, while again  the same  two channels  as in 2005 (RTÉ 
Two and TV3) failed to meet the 50% minimum. The compliance rate was thus 60%. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 26.50% in 2005 and 34.40% in 2006, representing an increase of 7.90 percentage points 
over the reference period and a similar 7.15 point increase over four years (2003-2006). 

All covered channels exceeded the minimum proportion specified in Article 5 of the Directive 
(percentages  ranging  from  13%  to  52%  in  2005  and  from  14%  to  63%  in  2006).  The 
compliance  rate,  in  terms  of  number  of  channels,  was  therefore  100%  over  the  entire 
reference period. 

The average relative proportion of recent European works was 28.50% and 24.80% in 2005 
and  2006,  respectively,  representing  a  -3.70  percentage  point  decrease  during  the  reference 
period  but  a  large  decrease  of  -72.70  points  over  four  years  (2003-2006).  No  reasons  were 
given  for  this  significant  decline.  The  Commission  recalls  that  Article  5  of  the  Directive 
requires that an adequate proportion of works by independent producers should be recent, i.e. 
less than five years old. In view of the significant decline in the scheduling of recent works in 
the current reference period, the Commission calls upon Ireland to increase — in line with the 
principle  of  progressive  achievement  —  the  average  relative  proportion  of  recent  European 
works by independent producers. 

2.11. 

Italy 

During the entire reference period, six channels were exceptionally exempted from reporting. 
26 were non-operational in 2005 and two channels were non-operational in 2006. 

European works 

All  reported  channels  broadcast  an  average  of  61.41%  in  2005  and  60.91%  in  2006, 
representing  a  minimal  decrease  of  -0.50  percentage  points  over  the  reference  period. 
Simultaneously, this represents an increase of 2.10 points over four years (2003-2006). 

For 2005, of the total of 109 covered channels, 74 achieved the majority proportion specified 
in Article 4 of the Directive, while 33 did not. For two channels, no data were communicated. 
The compliance rate, in terms of number of channels, was 68%. 

For 2006, out of 133 covered channels, 81 exceeded the 50% minimum, whereas 42 channels 
did not meet this requirement. No data were communicated for 10 channels. The compliance 
rate was thus 61%. 

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European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
14.16% in 2005 and 11.54% in 2006, representing a -2.62 percentage point decrease during 
the  reference  period.  This  represents  a  decrease  of  12.24  percentage  points  over  four  years 
(2003-2006). 

In  2005,  of  the  total  of  109  channels  covered  by  Article  5,  only  51  channels  exceeded  the 
minimum requirement, while 56 channels were below the target. No data were communicated 
for two channels. The compliance rate, in terms of number of channels, was 47%. 

For 2006, of the total of 133 covered channels, 55 channels achieved the majority proportion 
under Article 5 of the Directive, while 68 failed to do so. Of the latter, 56 channels broadcast 
no works by independent producers. No data were submitted for 10 channels. The compliance 
rate fell to 41%. 

The  Commission  acknowledges  the  progress  made  since  the  previous  report  as  regards  the 
justification  of  the  channels’  failure  to  comply  with  Articles  4  and  5  of  the  Directive.  The 
Commission takes note of the fact that the vast change in the Italian television landscape, in 
particular the ongoing fragmentation of the market, makes compliance with the requirements 
of the Directive difficult. Moreover, it takes note of the explanations provided by the Italian 
authorities that many channels ignored the amended rules on the promotion of European and 
independent  works  and  that,  although  they  may  have  devoted  several  hours  of  transmission 
time to such works, they reported the proportion as ‘0%’.  

However, the Commission reiterates that the Member States should ensure that all channels 
under their jurisdiction achieve the proportions of transmission time specified in Article 4 and 
5  of  the  Directive,  in  line  with  the  principle of  progressive  achievement,  regardless  of  their 
mode of transmission (as is now recognised in Italian legislation) or their audience share. The 
Commission acknowledges the increased monitoring by the Italian authorities and encourages 
them to intensify their efforts.  

The  average  relative  proportion  of  recent  European  works,  whether  or  not  by  independent 
producers,  was  65.76%  in  2005  and  67.71%  in  2006,  representing  a  1.95  percentage  point 
increase  over  the  reference  period.  The  figures  reported  to  the  Commission  by  the  Italian 
authorities  refer  to  the  amount  of  European  works  and  not  the  amount  of  works  by 
independent  producers.  This  difference  is  due  to  Article  2  of  Law  122/98,  which  refers  to 
European works overall, whether or not by independent producers. It is therefore not possible 
to  determine  the  actual  proportion  devoted  to  recent  works  by  independent  producers  as 
referred to in Article 5 of the Directive. The report indicates that the Italian authorities intend 
to adopt a regulation requiring an adequate proportion of investment to be devoted to recent 
works  by  independent  producers.  The  Commission  encourages  them  to  do  so  as  soon  as 
possible. 

2.12.  Latvia 

The  Commission  notes  that  the  number  of  channels  identified  fell  from  10  to  six  when 
compared to Latvia’s previous report (2003-2004). Of the six channels identified, one channel 
was exceptionally exempted in the current reference period.  

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European works 

All reported channels broadcast an average of 64.52% European works in 2005 and 62.49% in 
2006, representing a -2.03 percentage point decrease during the reference period and a slight 
decrease of -0.8 points since the beginning of reporting in 2004. One channel was exempted 
from reporting (Pirmais Baltijas Kanals). 

In  2005,  all  five  covered  channels  achieved  the  majority  proportion  of  transmission  time 
specified in Article 4 of the Directive. The compliance rate, in terms of number of channels, 
was  therefore  100%.  For  2006,  four  of  the  five  covered  channels  met  the  requirements  of 
Article  4  of  the  Directive,  while  one  channel  (LNT)  was  below  the  50%  minimum.  The 
compliance rate therefore fell to 80%. 

The report refers to the statement by the private broadcaster LNT that it was forced to remove 
several European programmes because of their low ratings. The Commission would point out 
that  the  majority  proportion  of  transmission  time  specified  in  Article  4(1)  applies  to  all 
television  channels  of  broadcasters  falling  within  the  jurisdiction  of  the  Member  State 
concerned. Hence, the low ratings of European productions cannot be used as an argument for 
failure to meet the obligations. In this respect, the Commission takes note of LNT’s intention 
to invest more in own productions, as mentioned in the report. 

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
33.28%  and  31.92%  in  2005  and  2006,  respectively,  representing  a  -1.37  percentage  point 
decrease  over  the  reference  period  and  a  considerable  -10.74  point  decrease  since  the 
beginning of reporting in 2004. 

All covered channels achieved the majority proportion specified in Article 4 of the Directive 
(percentages  ranging  from  15.82%  to  55%  in  2005  and  16.69%  to  51.20%  in  2006).  The 
compliance rate, in terms of number of channels, was thus 100% during the reference period. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  was 
85.20% in 2005 and 81.68% in 2006, which represents a -3.52 percentage point decrease over 
the reference period.  

2.13.  Lithuania 

European works 

All  reported  channels  broadcast  an  average  of  53.48%  in  2005  and  46.98%  in  2006, 
representing  a  decrease  of  -6.50  percentage  points  over  the  reference  period  and  a  similar 
decrease of -6.47 points since the beginning of reporting in 2004. 

During  the  reference  period,  only  two  of  the  four  covered  channels  achieved  the  majority 
proportion specified in Article 4 of the Directive. The compliance rate, in terms of number of 
channels, was therefore 50%. 

As  in  the  previous  report,  the  Lithuanian  authorities  stated  that  the  non-compliant 
broadcasters  (LNK  and  TELE-3)  were  not  able  to  achieve  the  target  because  of  agreements 
they  signed  for  purchasing  non-European  works.  In  this  respect,  the  Commission  reiterates 
that the proportion specified in Article 4(1) of the Directive applies to all television channels 
of  a  broadcaster  falling  within  the  jurisdiction  of  the  Member  State  concerned.  Contractual 

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agreements  do  not  qualify  as  reasons  for  not  complying  with  the  requirements  of  the 
Directive. Neither do short-term economic circumstances represent an excuse not to comply 
with  the  required  proportions.  Moreover,  possibly  conflicting  private  agreements  should  be 
resolved so that the channels can meet the requirements of the Directive. 

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
25.68%  and  23.15%  in  2005  and  2006,  respectively,  representing  a  -2.53  percentage  point 
decrease  over  the  reference  period  and  a  significant  decrease  of  -10.90  points  since  the 
beginning of reporting in 2004. 

Of the four covered channels, three exceeded the minimum proportion (percentages ranging 
from  19%  to  43.70%  in  2005  and  from  21%  to 38% in 2006), whereas one channel (LNK) 
failed to meet the 10% minimum over the reference period. The compliance rate, in terms of 
number of channels, was 75% for the entire reference period. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
reported channels was 90% in 2005 and 92.50% in 2006, resulting in a 2.50 percentage point 
increase over the reference period. 

2.14.  Luxembourg 

One channel was non-operational in 2005 (DVL TV S.A.). No data were communicated for 
one channel, which ceased all its activities in March 2007 (T.TV). 

European works 

All  channels  reported  broadcast  an  average  of  65.48%  and  67.06%  in  2005  and  2006, 
respectively,  representing  a  1.57  percentage  point  increase  over  the  reference  period  and  a 
2.39 point increase over four years (2003-2006). 

For 2005, of the total of 13 covered channels, 11 channels achieved the majority proportion 
specified in Article 4 of the Directive, while one channel did not. No data were communicated 
for one channel. The compliance rate was 85%. 

In  2006,  of  the  total  of  14  covered  channels,  10  channels  achieved  the  majority  proportion 
specified in Article 4 of the Directive, while three channels were below the 50% minimum. 
No data were communicated for one channel. The compliance rate was 71%. 

The report explains that the failure of Club RTL to meet the majority proportion is due to the 
composition  of  its  programme  schedule,  which  largely  consists  of  sports  broadcasts,  which 
are  excluded  from  consideration,  and  cartoons,  which  are  mainly  non-European.  The  report 
does not give any reasons for the failure of two further channels in the year 2006 (RTL 9). 
The figures for these channels declined by around 10% during the reference period. 

The Commission would point out that the proportion of transmission time specified in Article 
4(1) of the Directive applies to each of the television channels of broadcasters falling within 
the jurisdiction of the Member state concerned. Hence, every Member State must ensure that 
the broadcasters concerned comply with the provisions of the Directive. The report indicates 
that  the  broadcaster  concerned  (CLT-UFA)  will  be  formally  instructed  to  take  the  steps 
needed  to  ensure  compliance  with  the  required  percentages  in  future.  The  Commission 
welcomes this intention and notes that overall, in accordance with the principle of progressive 

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achievement,  the  figures  improved  slightly  both  during  the  reference  period  and  over  four 
years (2003-2006). 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 57.63% in 2005 and 54.66% in 2006, representing a decrease of -2.97 percentage points 
over  the  reference  period  but  a  substantial  increase  of  27.88  points  over  four  years  (2003-
2006).  

For 2005, of the total of 13 covered channels, 11 channels exceeded the minimum proportion 
under Article 5 of the Directive. In 2006, of the 14 covered channels, 12 were above the 10% 
minimum.  During  the  entire  reference  period,  one  channel  remained  below  the  target 
(Nordliicht TV, a low-budget channel in Luxembourgish).  The compliance rate, in  terms of 
number of channels, was 85% and 86% in 2005 and 2006, respectively.  

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
channels  was  55.65%  in  2005  and  57.86%  in  2006,  representing  an  increase  of  2.20 
percentage points over the reference period.  

2.15.  Hungary 

European works 

All  reported  channels  broadcast  an  average  of  71.95%  in  2005  and  76.93%  in  2006, 
representing  a  4.98  percentage  point  increase  over  the  reference  period  and  an  increase  of 
9.99 points since the beginning of reporting in 2004. 

In 2005, out of 22 covered channels, 15 exceeded the 50% minimum specified in Article 4 of 
the  Directive,  while  three  channels  were  below  the  target.  No  data  were  communicated  for 
four channels.  

In  2006,  among  the  22  channels,  19  were  above  the  target,  and  three  were  below.  The 
compliance rate, in terms of number of channels, rose from 68% in 2005 to 86% in 2006. 

The  previous  Hungarian  report  gave  economic  reasons  and  the  nature  of  the  channels 
concerned as reasons for non-compliance. It also listed criteria for an ‘exemption’ procedure. 
At the time, the Commission pointed out that only individual channels and not broadcasters 
may exceptionally be exempted from the requirements under Articles 4 and 5 for the reasons 
given  in  the  Directive  and  according  to  the  guidelines  adopted  on  11  June  1999.  It  also 
indicated that an exemption on the basis of whether a channel was pay-TV or free-TV would 
not be acceptable. 

In  this  report,  the  Hungarian  authorities  took  the  opportunity  to  explain  the  legislative 
background of the ‘exemption’ procedure and its evolution in recent years. They noted that, 
under an authorisation provided for in Hungarian law, the competent authority had issued a 
decision  to  address  in  particular  the  issue  of  possible  exceptions  from  compliance  with  the 
requirements. This decision was further amended following remarks made by the Commission 
in the last report. The new framework now allows specialised and satellite broadcasters to be 
partly exempted from the requirements, in advance and more than once, for a given period on 
the basis of an individual request. Moreover, the report points to the thematic nature of two 

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channels  (HBO,  HBO  2)  as  the  reason  for  their  non-compliance  and  hence  exemption  from 
the majority requirement.  

The Commission would like to stress that only individual channels and not broadcasters may 
exceptionally be exempted from the requirements of Article 4 and 5 of the Directive. The new 
framework however seems to refer to broadcasters instead. It also seems to allow deviations 
from  the  requirements  whenever  a  request  is  made,  regardless  of  whether  it  is  based  on  an 
exceptional  situation  or  just  on  any  other  grounds  given  by  the  broadcaster  concerned.  The 
Commission notes the intensified enforcement by the Hungarian authorities, but retains some 
doubts  as  to  whether  the  new  system  is  fully  in  line  with  the  Directive  and  the  guidelines 
adopted  on  11  June  1999.  This  notwithstanding,  the  Commission  acknowledges  that  —  in 
accordance  with  the  principle  of  progressive  achievement  —  there  has  been  a  significant 
improvement  in  the  scheduling  of  European  works  in  Hungary  since  the  beginning  of 
reporting in 2004. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 43.38% in 2005 and 53.91% in 2006, representing an increase of 10.54 percentage points 
over  the  reference  period  and  an  even  more  significant  20.27  point  increase  since  the 
beginning  of  reporting  in  2004.  The  compliance  rate,  in  terms  of  number  of  channels,  was 
64%  in  2005  and  91%  in  2006,  thus  representing  a  considerable  increase  of  27  percentage 
points over the reference period. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
channels was 74.14% and 71.46% in 2005 and 2006, respectively. 

2.16.  Malta 

European works 

All  reported  channels  broadcast  an  average  of  76.99%  in  2005  and  78.53%  in  2006, 
representing  a  1.54  percentage  point  increase  over  the  reference  period  and  an  increase  of 
1.09 points since the beginning of reporting in 2004. 

During  the  reference  period,  all  five  covered  channels  achieved  the  majority  proportion 
specified in Article 4 of the Directive. The compliance rate was therefore 100%. The figures 
range from 58.61% to 92.50% in 2005 and from 66.57% to 95% in 2006. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 42.76% and 44.96% in 2005 and 2006, respectively, representing a 2.20 percentage point 
increase  over  the  reference  period  and  an  increase  of  6.82  points  since  the  beginning  of 
reporting in 2004. 

The compliance rate was 100% during the entire reference period. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
reported channels was 80.80% in 2005 and 82.20% in 2006.  

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2.17.  Netherlands 

33 channels in 2005 and six in 2006 were not operational. 14 channels in 2005 and 21 in 2006 
were  exceptionally  exempted  from  reporting  on  Article  4  of  the  Directive.  15  channels  in 
2005 and 21 in 2006 were exceptionally exempted from reporting on Article 5. 

European works 

All  reported  channels  broadcast  an  average  of  66.38%  and  70.26%  in  2005  and  2006, 
respectively. This represents an increase of 3.88 percentage points over the reference period, 
although the figures remained relatively stable with a -1.52 point decrease over four years. 

In  2005,  of  the  total  of  65  covered  channels,  33  channels  achieved  the  majority  proportion 
specified in Article 4 of the Directive, whereas 25 failed to meet the requirement. The data for 
seven channels were not communicated. The compliance rate, in terms of number of channels, 
was 51%. 

For 2006, out of 85 covered channels, 58 exceeded the minimum proportion, while 22 were 
below  the  target.  No  data  were  communicated  for  eight  channels.  The  compliance  rate  was 
68%. 

As  in  the  previous  reference  period,  the  reasons  for  non-compliance  were  specified  in  the 
report  for  each  channel  failing  to  achieve  the  required  proportions.  The  report  indicates 
various  reasons  for  failure,  mainly  the  special  nature  of  the  programmes  concerned  or  the 
recent nature of the channel. The report also argues that the compliance rate for 2005 should 
be  considered  to  be  60%  for  2005  and  74%  for  2006  instead  of  the  figures  given  above,  in 
view  of  exemptions  granted  to  the  channels  Arrivo  on  demand  B.V.  and  Chellomedia 
Programming b.v., which thus only had to comply with a lower percentage. The Commission 
would point out that the proportions specified in Article 4(1) of the Directive apply to each of 
the  television  channels  falling  within  the  jurisdiction  of  the  Member  State  concerned.  All 
channels below the target are obliged to increase their efforts so that the proportions required 
under the Directive are achieved progressively.  

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
39.45% in 2005 and 49.60% in 2006, representing a 10.50 percentage point increase during 
the  reference  period  and  an  even  more  considerable  increase  (17.10  points)  over  four  years 
(2003-2006).19 

For  2005,  of  the  total  of  64  covered  channels,  52  channels  were  above  the  10%  minimum, 
while  three  channels  were  below  the  target.  No  data  were  supplied  for  nine  channels.  The 
compliance rate was 81%. 

In 2006, out of 85 covered channels, 75 channels exceeded the minimum proportion specified 
in Article 5 of the Directive, while five were below the target. No data were communicated 
for five channels. The compliance rate, in terms of number of channels, was 88%. 

19 

This  contrasts  with  the  considerable  drop  of  -35.40  points  mentioned  in  the  last  report  for  the  years 
2001-2004,  which  was  to  a  large  extent  due  to  non-compliance  with  the  reporting  obligation  for  a 
number of channels in 2001.  

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The  average  relative  proportion  of  recent  European  works  for  all  channels  was  89.50%  and 
86.78%  in  2005  and  2006,  respectively.  This  represents  a  -2.72  percentage  point  decrease 
over  the  reference  period  but  a  noticeable  increase  of  12.36  points  over  four  years  (2003-
2006). 

2.18.  Austria 

Out  of  16  channels  identified,  three  channels  were  non-operational  in  2005.  The  report 
exempted one channel in 2005 and four channels in 2006. One channel was no longer under 
Austrian jurisdiction in 2006. 

European works 

All reported channels broadcast an average of 65.63% and 68.36% European works in 2005 
and 2006, respectively, representing an increase of 2.73 percentage points over the reference 
period but a -4.4 point decrease over four years (2003-2006). 

For 2005, of the total of 12 covered channels, eight channels achieved the majority proportion 
specified  in  Article  4  of  the  Directive,  while  four  channels  (ORF  1,  ATV+,  Premiere 
Österreich, INXTC TV) were below the target. The compliance rate, in terms of number of 
channels, was 67%. 

For  2006,  of  the  total  of  11  covered  channels,  seven  channels  achieved  the  majority 
proportion  specified  in  Article  4  of  the  Directive,  while  the  same  four  channels  remained 
under the target. The compliance rate went down to 64%. 

As regards reasons for non-compliance, the report points to specific market conditions forcing 
the  channels  to  broadcast  international  film  productions  instead  of  European  productions, 
which  would  have  been  more  expensive  in  terms  of  licensing  and  co-production  costs.  As 
regards  ORF  1,  the  report  highlights  the  specific  nature  of  the  year  2006,  which  was 
dominated  by  sporting  events,  and 
the  resulting  extensive  reporting  requirements. 
Furthermore, the report explains that the ORF began a comprehensive reform in April 2007, 
aimed at strengthening the proportion of European and ‘own’ productions. The Commission 
would reiterate that one of the purposes of Article 4(1) of the Directive, which applies each 
year  and  to  all  television  programmes,  is  to  ensure  equal  competition  between  broadcasters 
falling  within  the  jurisdiction  of  the  Member  State  concerned.  At  the  same  time,  the 
Commission  takes  note  of  Austria’s  specific  situation  as  a  country  with  a  low  audiovisual 
production  capacity,  while  acknowledging  the  considerable  progress  already  achieved  in 
scheduling European productions. 

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
49.65%  and  52.19%  in  2005  and  2006,  respectively,  representing  an  increase  of  2.54 
percentage  points  over  the  reference  period  and  an  increase  of  7.24  points  over  four  years 
(2003-2006). 

During the whole reference period, all channels reached the minimum proportion specified in 
Article 5 of the Directive, amounting to a 100% compliance rate. 

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36 

   EN 

The  average  relative  proportion  of  recent  European  works  for  all  channels  was  71.23%  in 
2005  and  73.83%  in  2006,  representing  a  2.60  percentage  point  increase  over  the  reference 
period. 

2.19. 

Poland 

Of the 55 channels identified, five channels were not operational in 2005  and two were not 
operational in 2006. 

European works 

All  reported  channels  broadcast  an  average  of  80.18%  and  81.07%  in  2005  and  2006, 
respectively.  This  represents  a  slight  increase  of  0.89  percentage  points  over  the  reference 
period. From the beginning of reporting in 2004, the average increased by 3.3 points. 

For 2005, of the total of 50 covered channels, 44 achieved the majority proportion specified in 
Article 4 of the Directive, while six channels were below the 50% minimum. The compliance 
rate, in terms of number of channels, was 88%. 

In  2006,  of  the  53  covered  channels,  47  channels  were  above  the  target,  while  again  six 
channels  failed  to  meet  the  requirement.  Four  of  these  channels  (TVN  Siedem,  Canal  + 
Polska, Canal+ Polska Żółty and Tele 5) were among the group of channels that also failed to 
meet the target in the previous year. The compliance rate was 89%. 

European works made by independent producers 

The  average  proportion  of  European  works  made  by  independent  producers  on  all  reported 
channels was 26.66% in 2005 and 25.99% in 2006, representing a minimal decrease of -0.67 
percentage points over the reference period and a decrease of -1.7 points since the beginning 
of reporting in 2004. 

In 2005, six of the 50 covered channels were below the 10% minimum. 44 channels complied 
with the requirement in Article 5 of the Directive. The compliance rate, in terms of number of 
channels, was 88%. 

For  2006,  of  the  53  covered  channels,  45  channels  exceeded  the  minimum  proportion 
specified  in  Article  5  of  the  Directive,  while  eight  channels  were  below  the  target.  The 
compliance rate was 85%. 

The  report  mentions  several  reasons  for  non-compliance  with  Articles  4  and  5:  economic 
factors, long-term licensing agreements, specialised nature of the channels, and provisions of 
national  law  allowing  certain  channels  to  reduce  their  share  of  European  works.  The 
Commission reiterates that the proportion of transmission time specified in Article 4(1) of the 
Directive  applies  to  each  of  the  television  programmes  of  broadcasters  falling  within  the 
jurisdiction  of  the  Member  state  concerned  and  that  only  individual  channels  may 
exceptionally be exempted from the requirements of Article 4 and 5 of the Directive. At the 
same time, the Commission acknowledges the highly satisfactory overall results in Poland, in 
particular as regards European works, and welcomes the intention by the Polish authorities to 
take action against failing broadcasters if their compliance does not improve. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
reported channels  was  52.72% in 2005  and  59.18%  in 2006, representing a  6.46  percentage 
point increase during the reference period. 

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37 

   EN 

2.20. 

Portugal 

Of the 24 channels identified, one channel was non-operational during the reference period. 
10 channels were exceptionally exempted. 

European works 

All  of  the  reported  channels  broadcast  an  average  of  66.15%  in  2005  and  68.62%  in  2006. 
This represents an average 2.47 percentage point increase during the reference period and an 
increase of 4.06 points over four years (2003-2006). 

For 2005, of the total number of 13 covered channels, nine achieved the majority proportion 
specified in Article 4, while four channels did not meet this requirement. The compliance rate, 
in terms of number of channels, was 69%. 

In 2006, of the 13 channels covered by Article 4 of the Directive, 10 channels met the target, 
whereas three channels failed to do so. The compliance rate was thus 77%. 

The Portuguese authorities observed that the failing channels were mainly thematic channels 
broadcast  by  SIC  and  that  European  works  accounted  for  46.06%  of  the  total  broadcast  by 
SIC  in  2005  (a  figure,  they  argue,  very  close  to  the  minimum  required)  and  54.70%  of  the 
total broadcast by SIC in 2006. The Commission reiterates that the proportion of transmission 
time  specified  in  Article  4(1)  of  the  Directive  applies  to  each  of  the  television  channels  of 
broadcasters  falling  within  the  jurisdiction  of  the  Member  state  concerned.  However,  the 
Commission  notes  that  considerable  progress  has  been  made  by  these  channels  in  the 
scheduling  of  European  works,  in  line  with  the  principle  of  progressive  achievement,  and 
encourages Portugal to sustain this trend. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was  23.69%  and  30.31%  in  2005  and  2006,  respectively,  representing  an  increase  of  6.62 
percentage points over the reference period. At the same time, this represents an increase of 
2.65 points over four years (2003-2006). 

During the entire reference period, of the total of 13 covered channels, 11 channels exceeded 
the  minimum  specified  in  Article  5  of  the  Directive,  while  two  channels  failed  to  reach  the 
target. The compliance rate, in terms of number of channels, remained stable over 2005-2006 
at 85%. 

The average relative proportion of recent European works was 90.17% in 2005 and 93.50% in 
2006, representing an increase of 3.30 percentage points over the reference period. 

2.21. 

Slovenia 

Of  the  60  channels  identified,  32  channels  targeting  a  local  audience  were  exceptionally 
exempted from the reporting obligation and one channel was non-operational during the entire 
reference period. 

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38 

   EN 

European works 

All  reported  channels  broadcast  an  average  of  47.31%  in  2005  and  52.28%  in  2006.  This 
represents an increase of 4.97 percentage points over the reference period and a slight -0.95 
point decrease since the beginning of reporting in 2004. 

For  2005,  of  the  27  covered  channels,  10  channels  were  below  the  minimum  proportion, 
while  eight  channels  exceeded  it.  No  data  were  communicated  for  nine  channels.  The 
compliance rate, in terms of number of channels, was only 30%. 

In 2006, of the 27 covered channels, 11 channels achieved the majority proportion specified 
in  Article  4  of  the  Directive,  while  nine  channels  did  not.  No  data  were  communicated  for 
seven channels. The compliance rate rose to 41%. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 18.49% in 2005 and 20.04% in 2006, representing an increase of 1.55 percentage points 
over  the  reference  period.  This  represents  an  increase  of  3.80  points  since  the  beginning  of 
reporting in 2004. 

In 2005, of the 27 covered channels, 10 channels managed to meet the requirement of Article 
5,  and  six  channels  failed  to  do  so.  The  data  for  11  channels  were  not  communicated.  The 
compliance rate, in terms of number of channels, was 37%. 

For  2006,  of  the  27  covered  channels,  13  channels  exceeded  the  minimum  proportion 
specified in Article 5 of the Directive, while only three failed to reach the target. Again, the 
data  for  11  channels  were  not  communicated.  Therefore,  the  compliance  rate,  in  terms  of 
number of channels, rose to 48%. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  on  all 
channels was 55.45% in 2005 and 55.88% in 2006, representing a slight 0.43 percentage point 
increase over the reference period. 

The  report  indicates  that  only  a  few  of  the  total  number  of  broadcasters  in  Slovenia  play  a 
major role. It also notes that in 2005 only one of the main broadcasters failed to achieve the 
proportions  specified  in  Articles  4  and  5.  The  Commission  reiterates  that  the  Directive’s 
provisions  apply  to  each  of  the  television  channels  of  broadcasters  falling  within  the 
jurisdiction  of  the  Member  state  concerned,  irrespective  of  its  audience  share.  Yet,  the 
Commission notes that Slovenia is a country with a low audiovisual production capacity and a 
restricted language area. It also welcomes the efforts by the Slovenia authorities to encourage 
the achievement of the required proportions. 

2.22. 

Slovak Republic 

European works 

All  three  reported  (and  covered)  channels  broadcast  an  average  of  63.80%  and  62.27%  in 
2005  and  2006,  respectively,  representing  a  decrease  of  -1.53  percentage  points  over  the 
reference period and a -2.06 point decrease since the beginning of reporting in 2004. 

EN 

39 

   EN 

During the entire reference period all channels achieved the majority proportion specified in 
Article 4 of the Directive (percentages ranging from 61% to 68.50% in 2005 and from 53.40% 
to 75.80% in 2006), hence leading to a 100% compliance rate. 

European works made by independent producers 

The  average  proportion  of  European  works  by  independent  producers  on  all  channels  was 
25.40% in 2005 and 26.01% in 2006, representing a slight increase of 0.61 percentage points 
over  the  reference  period.  From  the  beginning  of  reporting  in  2004,  the  figures  remained 
stable with a slight increase of 0.26 points. 

All the three covered channels met the requirements of Article 5 of the Directive (percentages 
ranging  from  18.90%  to  34.30%  in  2005  and  from  13.60%  to  42.50%  in  2006)  during  the 
reference period. The compliance rate, in terms of number of channels, was therefore 100%. 

The  average  relative  proportion  of  recent  European  works  by  independent  producers  on  all 
channels was 100% over the entire reference period. 

The  Commission  takes  note  of  the  fact  that  the  Slovak  authorities  have  commenced  legal 
proceedings  against  two  broadcasters  for  not  having  reserved  a  majority  proportion  of  its 
transmission time for European works during some months of 2006. 

2.23. 

Finland 

Over  the  entire  reference  period,  two  channels  (YLE24  and  Urheilukanava)  were 
exceptionally exempted from reporting. 

European works 

All  reported  channels  broadcast  an  average  of  69.33%  in  2005  and  of  69.56%  in  2006, 
representing  an  increase  of  0.22  percentage  points  over  the  reference  period.  However,  this 
represents a considerable -7.94 point decrease over four years (2003-2006). 

During the entire reference period, of the total of nine covered channels, seven achieved the 
majority  proportion  specified  in  Article  4  of  the  Directive,  while  two  channels  (MTV3  and 
Subtv) were below the target. The compliance rate, in terms of number of channels, was 78% 
over the entire reference period. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 44.11% and 45.11% in 2005 and 2006, respectively, representing a 1.00 percentage point 
increase over the reference period and a significant increase of 14.48 points over four years. 

For  2005,  of  the  total  of  nine  covered  channels,  eight  exceeded  the  minimum  proportion 
specified  in  Article  5  of  the  Directive,  while  one  channel  was  below  the  target.  The 
compliance rate, in terms of number of channels, was 89%. 

In 2006, all of the covered channels exceeded the 10% minimum (percentages ranging from 
12% to 100%). The compliance rate, in terms of number of channels, was therefore 100%. 

EN 

40 

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The average relative proportion dedicated to recent European works by independent producers 
for all channels was 76.11% in 2005 and 76.78% in 2006, representing only a slight increase 
of 0.67 percentage points over the reference period. 

The  Commission  takes  notes  of  the  explanations  provided  by  the  failing  channels  and 
concedes that Finland is a country with a low audiovisual production capacity and a restricted 
language area. 

2.24. 

Sweden 

Of the total of 33 channels identified, several were not operational in 2005. One channel was 
exempted from the requirements of Article 4 and two from Article 5 in the reference period. 

European works 

All  reported  channels  broadcast  an  average  of  51.06%  in  2005  and  45.44%  in  2006, 
representing a -5.62 percentage point decrease over the reference period and a decrease of -
8.05 points over four years (2003-2006). 

In  2005,  of  the  total  of  24  covered  channels,  11  channels  achieved  the  majority  proportion 
specified  in  Article  4  of  the  Directive,  while  13  channels  were  below  the  target.  The 
compliance rate was 46%. 

For 2006, of the 32 covered channels, 13 met the requirements of Article 4 of the Directive, 
whereas 19 failed to comply. The compliance rate, in terms of number of channels, was 41%. 

Although  a  considerable  number  of  channels  failed  to  achieve  the  majority  proportion 
specified  in  Article  4  of  the  Directive,  the  report  only  gives  an  explicit  explanation  of  the 
performance of seven channels (TV400, TV4 Film, Showtime, Silver, Three Angel Lifestyle, 
Family  and  Nordic).  The  reasons  given  for  failure  are  mainly  that  the  channels  concerned 
focused on non-European content. Moreover, the report indicates that 25 of the 33 channels 
identified  are  small  niche  channels  with  minor  audience  shares.  The  Commission  would 
reiterate that the special-interest nature of a channel cannot be acknowledged as a justification 
for  a  general  exemption  from  the  requirements of  Articles  4  and  5.  Article  4(3)  obliges  the 
Member  States  to  provide  statistical  data  on  improvements  with  regard  to  the  proportions 
specified in Article 4 and 5 for each of the television channels falling within their jurisdiction. 
The Commission calls upon Sweden to improve its performance as regards the scheduling of 
European works — in line with the principle of progressive achievement. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was  57.14%  and  53.12%  in  2005  and  2006,  respectively,  representing  a  decrease  of  -4.03 
percentage points over the reference period but a 10.12 point increase over four years (2003-
2006). 

For  2005,  of  the  total  number  of  24  covered  channels,  22  channels  exceeded  the  10% 
minimum, while two channels were below the target. The compliance rate, in terms of number 
of channels, was 92%. 

In  2006,  of  the  31  covered  channels,  29  were  above  the  minimum  proportion  specified  in 
Article 5 of the Directive, while two channels were below the target. One of these channels 

EN 

41 

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also failed to meet the minimum proportion in the previous year (Di TV). The compliance rate 
rose to 94%. 

The  Commission  takes  note  of  the  very  high  percentage  of  transmission  time  dedicated  to 
European works by independent producers. 

The average relative proportion devoted to recent European works was 66.23% in 2005 and 
55.76%  in  2006,  representing  a  decrease  of  -10.46  percentage  points  over  the  reference 
period. 

2.25.  United Kingdom 

71 channels of the total number of 345 channels identified were non-operational in 2005 and 
three  were  non-operational  in  2006.  No  data  were  communicated  for  nine  channels  in  2005 
and for five channels in 2006. 

European works 

All  reported  channels  broadcast  an  average  of  52.56%  and  53.02%  in  2005  and  2006, 
respectively. This represents an increase of 0.46 percentage points over the reference period 
and a slight -0.98 point decrease over four years (2003-2006). 

In  2005,  of  the  total  number  of  274  covered  channels,  131  channels  achieved  the  majority 
proportion  specified  in  Article  4  of  the  Directive,  whereas  134  channels  were  below  the 
target. The compliance rate, in terms of number of channels, was 48%. 

In  2006,  of  the  total  of  342  covered  channels,  179  channels  met  the  50%  minimum.  158 
channels  devoted  less  than  50%  of  their  transmission  time  to  European  works.  The 
compliance rate rose to 52%. 

European works made by independent producers 

The average proportion of European works by independent producers on all reported channels 
was 28.51% in 2005 and 29.72% in 2006, representing an increase of 1.21 percentage points 
over the reference period and a -2.28 point decrease over four years (2003-2006). 

In  2005,  of  the  total  of  274  covered  channels,  185  exceeded  the  minimum  proportion 
specified  in  Article  5  of  the  Directive,  while  80  channels  were  below  the  target.  The 
compliance rate, in terms of number of channels, was 68%. 

For  2006,  of  the  total  of  342  channels,  227  channels  exceeded  the  minimum  proportion  of 
transmission time specified in Article 5 of the Directive. 110 channels did not meet the target. 
The compliance rate was 66%. 

The average relative proportion dedicated to recent European works by independent producers 
for all channels was 67.63% and 69.58% in 2005 and 2006, respectively, representing a slight 
increase of 1.85 percentage points over the reference period. 

As reasons for failure to achieve the required proportions, the report refers to several factors: 
the  special-interest  character  and  recent  nature  of  the  channels  concerned;  relatively  small 
audience shares; the difficulty in finding European programmes at competitive prices; and the 
fact  that  the  affected  channels  are  subsidiaries  of  companies  based  in  third  countries 
broadcasting  programmes  mostly  from  their  or  a  distributor’s  stock.  The  Commission 

EN 

42 

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reiterates that the proportion specified in Article 4(1) of the Directive applies each year to all 
the television channels of broadcasters within the jurisdiction of the Member State concerned, 
with  a  view  in  particular  to  ensuring  equal  competition.  This  notwithstanding,  the 
Commission acknowledges that the UK has not only been able to stem the considerable fall in 
the compliance rate for the scheduling of European works noted in the last report (the number 
of compliant channels having increased from 101 in 2004 to 179 in 2006), but also managed 
to stabilise average transmission figures at around 53%. Moreover, the Commission notes that 
for  the  public  analogue  and  digital  terrestrial  channels,  the  overall  proportion  of  European 
works in 2006 was 87% and the proportion of independent European works was 33%. 

EN 

43 

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BACKGROUND DOCUMENT 4 — Summary of the reports from the Member States  

Key abbreviations: 

EW  European works20 in relation to TQT (see Article 4 of the Directive) 

European works made by independent producers in relation to TQT (see Article 5 of 

IP 
the Directive) 

RW  Recent European works by independent producers in relation to IP (see Article 5 of the 
Directive) 

TQT  Total qualifying transmission time (excluding news, sport events, games, advertising, 
teletext services and teleshopping) 

NC  Channels for which no data were communicated 

NO  Channels non-operational during the period concerned 

Channels  exceptionally  exempted21  or  exempted  under  the  ‘where  practicable’ 

EX 
provision (following specific reasons given by the Member States) 

20 
21 

See Article 6 of the Directive. 
The reporting obligation under Article 4(3) applies to all transmissions by broadcasters within the 
jurisdiction of a Member State, with the following exceptions:  
- Articles 4 and 5 do not apply to ‘news, sports events, games, advertising, teletext services and 
teleshopping’; 
- Following Article 9, 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’; 
- Following Recital 29 of Directive 97/36/EC, ‘channels broadcasting entirely in a language other than 
those of the Member States should not be covered by the provisions of Articles 4 and 5’; 
- Under Article 2(6), 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. 

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44 

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BELGIUM 

The Commission received two reports, one from the French Community of Belgium (BE-FR 
—  Communauté  française  de  Belgique)  and  one  from  the  Flemish  Community  (BE-FL  — 
Vlaamse  Gemeenschap).  No  report  was  received  from  the  German-speaking  Community. 

Number of channels 

Reference period  Monitoring methods 

BE-FL:  

2005/2006 

Total  identified:  38  (2005);  34 
(2006) 

BE-FL:  Statements  by  the  broadcasting 
companies 

BE-FR: Overall figures and sampling 

Covered (IND 1): 27 

BE-FR:  

Total  identified:  24  (2005);  21 
(2006) 

Covered  (IND  1):  16  (2005);  17 
(2006) 

(Deutschsprachige Gemeinschaft). 

I. 

BE-FL channels 

BE-FL 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster  Channel 

2005 

2006 

2005 

2006 

2005 

2006 

VRT 

Eén 

78.98% 

86.79% 

19.68% 

25.04% 

88.30% 

88.71% 

Ketnet 

55.81% 

58.88% 

17.81% 

22.24% 

72.21% 

80.48% 

Canvas 

81.80% 

79.93% 

8.92% 

6.22% 

91.34% 

87.91% 

VMMa 

VTM 

58.00% 

72.00% 

65.00% 

64.00% 

75.00% 

93.00% 

Kanaal II 

28.00% 

21.00% 

84.00% 

84.00% 

97.00% 

98.00% 

Jim Tv 

90.00% 

88.00% 

20.00% 

20.00% 

100.00% 

100.00% 

SBS 
Belgium 

VT4 

29.70% 

27.73% 

28.30% 

26.65% 

86.50% 

79.36% 

Vijf Tv 

16.90% 

28.57% 

14.70% 

27.46% 

85.40% 

98.12% 

Media 
Infinitum 

ad 

Vitaya 

60.00% 

NC 

20.00% 

NC 

100.00%  NC 

Actua Tv 

Actua Tv  EX 

Belgian 
Business  Tv 

Kanaal Z 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

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NV 

Event 
Vlaanderen 

Tv 

Liberty 
Tv.Com 

100.00% 

100.00% 

12.70% 

10.40% 

100.00% 

100.00% 

Euro 
NV 

1080 

90.00% 

90.00% 

90.00% 

90.00% 

100.00% 

100.00% 

Euro 1080 

Exqi 
Vlaanderen 

90.00% 

90.00% 

90.00% 

90.00% 

100.00% 

100.00% 

Skynet 
iMotion 
Activities 

11TV 

EX 

EX 

EX 

EX 

EX 

EX 

11TV PPV  EX 

Via Calcio  EX 

Mtv Network 
Belgium 

TMF 

NC 

EX 

EX 

NC 

EX 

EX 

NC 

EX 

EX 

NC 

EX 

EX 

NC 

EX 

EX 

NC 

Nv  Life!  Tv 
Broadcasting 
Company 

Life! Tv 

Vlamex 
BVBA 

S Tv 

NO 

100.00%  NO 

70.00% 

NO 

100.00% 

NO 

NC 

NO 

NC 

NO 

NC 

Okay tv 

NO 

NO 

NO 

NO 

NO 

NO 

Okay 
Media 
NV 

tv 

Prime 

NV 
Projects 
Media Group Move X TV 

NC 

NC 

NC 

NC 

NC 

NC 

Move On  NC 

55 Plus TV  Plus TV 

NO 

NC 

NO 

NC 

NO 

NC 

NO 

NC 

NO 

NC 

NO 

NV Telenet  Prime One  12.00% 

27.00% 

97.00% 

97.00% 

97.00% 

99.00% 

Prime 
Action 

Prime 
Movies 

8.60% 

13.00% 

96.00% 

97.00% 

96.00% 

99.00% 

20.50% 

27.00% 

87.50% 

88.00% 

87.50% 

99.00% 

Prime  One 
+1 

12.00% 

27.00% 

97.00% 

97.00% 

97.00% 

99.00% 

Prime 
Action +1 

8.60% 

13.00% 

96.00% 

96.00% 

96.00% 

99.00% 

EN 

46 

   EN 

  
  
  
  
  
  
  
  
Prime 
Fezztival 

30.00% 

27.00% 

98.00% 

93.00% 

98.00% 

99.00% 

Prime Sport 95.00% 

95.00% 

94.00% 

94.00% 

94.00% 

100.00% 

Prime  Sport 
2 

95.00% 

95.00% 

94.00% 

95.00% 

94.00% 

100.00% 

Canal+ 
Rood 

Canal+ 
Blauw 

22.00% 

89.00% 

99.00% 

20.00% 

98.00% 

99.00% 

Canal+ Geel 18.50% 

Fezztival 

25.00% 

98.00% 

98.00% 

99.00% 

99.00% 

Box 
International 
BVBA 

Box Tv 

NO 

NC 

NO 

NC 

NO 

NC 

Box  T  (Plus 
één uur)  

NO 

NC 

NO 

NC 

NO 

NC 

Compliance rate (IND 3/5) 

41% 

41% 

85% 

70% 

Average % (IND 2/4/6) 

47.77% 

58.35% 

67.23% 

64.65% 

93.80% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

VMMa: 

The  broadcasting  channel  Kanaal  2  did  not  achieve  the  50%  proportion  of  European 
productions  (although  it  achieved  41%  in  2004).  However,  the  percentage  of  independent 
productions has increased sharply compared with the previous report. 

If the three broadcasting channels of the Vlaamse Mediamaatschappij (VMMa) are considered 
together, the conclusion is that the requirements of Article 4 have been achieved. Therefore, 
the Flemish Community does not consider it necessary to take further action. 

SBS-Belgium: 

The broadcasting channel VT4 did not achieve the 50% proportion of European productions., 
In 2005, however, the figure was 30% compared with 25% in 2004. For 2006, a figure of 28% 
was reported. However, it must be pointed out that in June and July 2006 VT4 broadcast the 
football  World  Cup.  Both  the  matches  themselves  and  the  accompanying  programmes 
broadcast were ‘own’ productions, which by law are not included in the relevant transmission 
time. 

EN 

47 

   EN 

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
 
The  majority  of  VT4  programming  in  prime  time  comprises  local  productions.  These 
productions are very expensive for the broadcaster, given that they target a small market with 
fragmented  advertising  spending.  More  than  50%  of  the  budget  was  spent  on  European 
productions,  so  this  broadcasting  channel,  SBS,  can  indeed  be  said  to  be  making  genuine 
efforts to show European and independent productions. 

As  a  new  broadcasting  channel,  Vijf  Tv  did  not  achieve  the  required  proportion  either. 
However, it was launched only on 1 October 2004, and was given limited broadcasting time 
and limited resources. With the limited budget, mainly bought-in programmes were broadcast. 
In  2006,  a  share  of  29%  was  already  achieved.  Moreover,  an  average  4  hours  per  day  are 
devoted  to  phone-in  games.  This  time  is  not  included  in  the  statistics,  however.  These 
programmes are produced by a Dutch production company and therefore should, in the view 
of the Flemish authorities, be regarded as European productions. 

NV Telenet — Prime 

Only  the  broadcasting  channels  Prime  Sport  and  Prime  Sport  2  did  not  achieve  the  50% 
proportion of European productions. Given their specific nature, however, these pay channels 
did not have to meet the requirement. Accordingly, it was not necessary to take action. 

The broadcasting channels Canal+ Blauw, Rood and Geel and Fezztival were operational until 
2  September  2005.  Since  3  September  2005,  the  7  Prime  channels  have  been  active.  The 
programming is not entirely comparable with the former Canal +, which is why for 2005 both 
the old and the new channels are included. Since Canal+ stopped broadcasting in September 
2005, these channels were no longer taken into account for the 2006 statement. 

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

Here the only comment to be made concerns the public broadcaster VRT for 2005 and 2006, 
and more specifically Canvas. 

VRT’s  second  broadcasting  channel  is  divided  between  Ketnet  (for  children  and  young 
people) and Canvas (information, culture, education). 

Canvas’s broadcasts did not achieve the target set in Article 5. If both Ketnet and Canvas are 
considered as a whole, however, the target would have been met easily. 

B) Measures taken or envisaged by the Member State 

The Flemish authorities do not envisage taking any measures. 

C) Further comments 

The  Flemish  media  landscape  comprises  a  public  broadcaster  and  private  broadcasters.  The 
number of private broadcasters has significantly increased. The regional broadcasters do not 
fall within the scope of Articles 4 and 5. 

II. 

BE-FR 

BE-FR 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster  Channel 

2005 

2006 

2005 

2006 

2005 

2006 

EN 

48 

   EN 

RTBF 122 

La Une 

78.60% 

78.10% 

46.23% 

41.30%  71.42% 

82.97% 

RTBF 223 

La Deux 

91.40% 

78.30% 

43.75% 

51.10%  81.55% 

78.27% 

BTV S.A. 

AB3 

57.52% 

52.17% 

35.40% 

21.84%  26.44% 

30.54% 

BTV S.A. 

AB4 

59.97% 

62.68% 

53.74% 

50.31%  13.29% 

5.80% 

BTV S.A. 

AB5/La 4 

96.98% 

57.90% 

96.98% 

38.96%  96.10% 

8.58% 

TVi S.A. 

RTL-Tvi 

55.00% 

TVi S.A. 

Club RTL 

38.90% 

TVi S.A. 

Plug TV 

56.40% 

22.00% 

32.40% 

36.30% 

56.57% 

74.48% 

90.90% 

BeTV S.A. 

Be1 

60.50% 

58.17% 

47.30% 

44.71%  95.77% 

96.40% 

BeTV S.A. 

Be Ciné 

59.20% 

59.59% 

59.20% 

58.78%  85.47% 

95.26% 

BeTV S.A. 

Be Ciné 2/Be 
Séries24 

60.00% 

56.40% 

44.50% 

42.93%  90.79% 

95.18% 

BeTV S.A. 

Be Sport 1 

86.10% 

70.67% 

86.10% 

64.27%  100.00%  99.55% 

BeTV S.A. 

Be Sport 2 

88.80% 

71.96% 

88.80% 

64.37%  100.00%  98.98% 

BeTV S.A. 

Be Sport 325 

EX 

EX 

EX 

EX 

EX 

EX 

BeTV S.A. 

A la séance 

54.10% 

51.04% 

54.10% 

51.04%  84.84% 

91.79% 

SiA S.A. 

11TV 

SiA S.A. 

11TV PPV 

SiA S.A. 

Via Calcio 

NO 

NO 

NO 

100.00%  NO 

0.00%  NO 

0.00% 

EX 

EX 

NO 

NO 

EX 

EX 

NO 

NO 

EX 

EX 

SiA S.A. 

A la demande 

MCM 
Belgique 

MCM 

NO 

NC 

NO 

NC 

NO 

NC 

58.60% 

54.72% 

47.76% 

52.79%  70.94% 

68.10% 

Event Network Liberty TV 

100.00%  88.52% 

10.75% 

16.04%  100.00%  76.13% 

22 

23 
24 
25 

The 2005 data for RTBF could not be reviewed by the Conseil supérieure de l’audiovisuel (CSA), as 
the operator did not submit the information required for the audit; the 2006 data for RTBF could not be 
reviewed by the CSA by the deadline for this report, 25 October 2007. This will be confirmed at a later 
stage, if the operator submits the information required for the audit. 
Ibid. 
Be Ciné 2 was replaced by Be Séries on 4 September 2006. The data for both services were added. 
Be Sport 3, 11 TVPPV, Via Calcio, Canal Z are channels devoted to sporting events and information. 
They are exempted as their scheduling does not contain programmes eligible for inclusion in the quota 
calculations.  

EN 

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BBT 

Canal Z 

PPMG 

Move On 

PPMG 

Move X 

EX 

NO 

NO 

EX 

EX 

EX 

EX 

EX 

97.99%  NO 

26.76%  NO 

100.00% 

74.82%  NO 

36.18%  NO 

100.00% 

Compliance rate (IND 3/5) 

94% 

94% 

100% 

88% 

Average % (IND 2/4/6) 

68.88% 

69.56% 

50.33% 

41.34%  77.41% 

70.47% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

RTL-TVI, CLUB RTL and PLUG TV: 

In 2005, the overall quota for the three TVI s.a. channels operational during this period, RTL-
TVI, CLUB RTL and PLUG TV, was 49%. 

This  proportion  is  above  the  minimum  level  (‘la  clause  de  non-recul’)  set  by  Belgium’s 
French Community (41.6%).  

The broadcaster has stated that it analyses its compliance with the obligation to broadcast a 
majority proportion of European works for all its services as a whole. 

The broadcaster TV1 s.a. did not submit any information regarding the three channels RTL-
TV1, CLUB RTL and PLUG TV to the CSA for 2006. TV1 s.a. stated that it took ‘a decision 
not to apply for its licence to be renewed by the Government of Belgium’s French Community 
when  it  expired  on  31  December  2005’  while  ‘the  Luxembourgish  company  CLT-UFA  s.a., 
the  broadcaster  of  the  channels  RTL-TV1,  CLUB  RTL,  and  PLUG  TV,  is  not  subject  to  the 
Broadcasting  Act  of  27  February  2003  in  terms  of  submitting  to  the  Authorisation  and 
Supervisory Board an annual report on the performance of the obligations contained in the 
Act in respect of its channels’. 

SIA ‘On-demand’: 

The  provider  SIA  did  not  submit  any  information  regarding  its  ‘on-demand’  service  to  the 
CSA  for  2006.  It  states  that  it  is  not  in  a  position  at  this  moment  in  time  to  provide  more 
detailed information or calculations concerning quotas, or to investigate technical possibilities 
with  a  view  to  providing  such  information.  The  station  states  that,  in  any  case,  it  has 
reservations concerning the application of quotas to ‘on-demand’ services. 

2. Minimum proportion of European works by independent producers 

RTL-TVI, CLUB RTL and PLUG TV: 

TV1 s.a. did not submit any information regarding the three channels RTL-TV1, CLUB RTL 
and PLUG TV to the CSA for 2006 (see above). 

SIA ‘on-demand’: 

EN 

50 

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The  provider  SIA  did  not  submit  any  information  regarding  its  ‘on-demand’  service  to  the 
CSA for 2006 (see above). 

11 TV: 

The broadcaster has expressed reservations as to the interpretation according to which quotas 
for  European  independent  works  apply  when  new  categories  of  programmes,  such  as  sports 
journals, are incorporated into 11TV programmes dedicated to sporting events. In any event, 
the broadcaster is examining the extent to which it could call upon independent producers to 
produce some of its programmes. 

3. Recent works 

RTL-TVI, CLUB RTL and PLUG TV:  

The  operator  TV1  did  not  submit  any  information  regarding  the  three  channels  RTL-TV1, 
CLUB RTL and PLUG TV to the CSA for 2006 (see above). 

SIA ‘on-demand’: 

The  provider  SIA  did  not  submit  any  information  regarding  its  ‘on-demand’  service  to  the 
CSA for 2006 (see above). 

AB4 et AB5 / LA 4: 

For 2006, the station BTV did not submit any comments regarding non-compliance with the 
quota for recent independent European works fixed by the French Community of Belgium at 
10% of total qualifying transmission time.  

B) Measures taken or envisaged by the Member State 

RTBF 1 et 2: 

For  2005,  the  Authorisation  and  Supervisory  Board  of  the  CSA  noted  that  RTBF  did  not 
submit any additional information allowing the broadcaster’s quota declarations to be audited. 

As  the  incomplete  data  provided  by  the  broadcaster  prevented  the  Board  from  sending  the 
European  Commission  an  audited  report  on  its  compliance  with  the  obligations  under  the 
Television  without  Frontiers  Directive,  the  Board,  after  due  consideration,  imposed  an 
administrative fine of five thousand euros (€5000) on RTBF. 

RTL-TVI, CLUB RTL and PLUG TV: 

In  its  2005  annual  audit  report,  the  CSA’s  Authorisation  and  Supervisory  Board  noted  that 
CLUB-RTL  failed  to  achieve  a  majority  proportion  of  European  works  in  2005,  both  for 
CLUB-RTL itself and the three channels of TVI s.a. However, as the overall proportion for all 
three  channels  fell  just  short  of  the  requirement  (49%),  the  Board  decided  not  to  issue  a 
formal notice of non-compliance to the provider.  

For 2006, the CSA’s Authorisation and Supervisory Board noted that TVI had not submitted 
any  annual  report  concerning,  in  particular,  its  obligations  in  terms  of  quotas,  and  it 
consequently opened infringement proceedings. 

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51 

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SIA ‘on-demand’: 

For 2006, the CSA’s Authorisation and Supervisory Board noted that SIA had not submitted 
any annual report containing information regarding its obligations in terms of quotas, and it 
consequently opened infringement proceedings. 

AB4 et AB5 / LA 4: 

In its 2006 annual audit report, the CSA’s Authorisation and Supervisory Board noted that the 
BTV  s.a.  station  failed  to  comply  with  the  10%  proportion  of  recent  independent  European 
works  in  2006,  both  individually  for  AB4,  AB5  and  LA4  and  for  the  broadcaster’s  three 
channels as a whole. It opened infringement proceedings. 

C) Further comments 

In  the  French  Community  of  Belgium,  the  CSA  monitors  compliance  with  the  various 
European  quotas  based  on  the  following  elements:  an  annual  declaration  made  by 
broadcasters; communication of a sample of one week of programmes per quarter, which is 
analysed  subsequently  by  the  regulatory  body,  using  an  electronic  chart  and  dated  and 
categorised  data;  an  audit  of  calculation  methods;  checking  the  data  against  the  published 
programme  schedules  and  against  a  sample  of  programmes  stored  on  a  monitoring  system; 
lastly,  in  cases  of  non-compliance,  an  investigation,  a  hearing  and  a  decision  taken  by  the 
independent  authority  accompanied,  if  necessary,  by  a  penalty.  The  CSA  may  also  impose 
penalties  if  providers  fail  to  communicate  the  appropriate  data.  The  audit  reports  and  any 
decisions taken by the CSA in the event of non-compliance are published, in particular on its 
website: www.csa.be. 

The  legal  requirements  for  quotas  of  European  works  have  been  strengthened  by  the  new 
Broadcasting Act of 27 February 2003, which has been fully in force as of 2004. A majority 
proportion of European works as well as a minimum proportion of independent works (10%) 
and recent works (10%) are now compulsory. 

Article 43. 

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

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

independent  producers  of 

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

§ 3. 
This  article  shall  not  apply  to  television  broadcasting  services  aimed  at  a  local 
audience  and  which  are  not  part  of  a  national  network.  Nor  shall  it  apply  to  television 
broadcasting services which exclusively use a language other than the languages which are 
official or recognised by the Member States of the European Union and whose programmes 

EN 

52 

   EN 

are  aimed  exclusively  at  reception  outside  the  European  Union  and  which  are  not  received 
directly or indirectly by audiences in one or more Member States. 

- The report has been presented and submitted for comments to the associations representing 
the  independent  production  and  other  production  sectors.  The  following  observations  were 
made at this hearing:  

- the quality of the monitoring and the decisions taken by the CSA to ensure that broadcasters 
comply  with  quotas  are  supported;  the  CSA  is  requested  to  continue  to  treat  broadcasters 
equally in this way; 

-  niche  channels  that  only  broadcast  programmes  subject  to  quota  calculations  in  particular 
instances  should  be  allowed  to  be  exempt  from  them;  where  eligible  programmes  are 
regularly broadcast on such channels, the independent production quota remains relevant; 

-  the  monitoring  tool  for  quotas  would  be  improved  if,  additionally,  the  audiences  for 
channels  and  the  broadcasting  times  of  the  works  were  taken  into  account,  in  order  to 
maintain the best conditions for the broadcasting of European works; 

-  European  works  should  benefit  from  an  appropriate  support  policy  for  non-linear  services 
such as video on-demand channels, for example in the form of non-linear providers having to 
meet  production  or  catalogue  quotas;  such  a  policy  should  encourage  the  broadcasting  of 
works in the French language. 

EN 

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CYPRUS 

Number of channels 

Reference period 

Monitoring method 

Total identified: 7 

2005/2006 

Samples 

Covered (IND 1): 5 

CY 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster  Channel 

2005 

2006 

2005 

2006 

2005 

2006 

CyBC-1 

85.90% 

93.70% 

5.70% 

2.80% 

100.00% 

54.80% 

CyBC-2 

40.60% 

52.10% 

3.30% 

0.00% 

100.00% 

100.00% 

Antenna 

58.90% 

74.50% 

3.50% 

6.20% 

100.00% 

100.00% 

Mega 

73.30% 

82.20% 

0.60% 

0.00% 

100.00% 

100.00% 

Sigma 

33.80% 

46.30% 

35.40% 

23.40% 

100.00% 

100.00% 

Lumiere TV  EX 

Alpha TV  EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 60% 

80% 

20% 

20% 

Average % (IND 2/4/6) 

58.50% 

69.76% 

9.70% 

6.48% 

100.00%  90.96% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

CyBC-2 

CyBC-2  is  the  sports  and  recreationally  oriented  channel  of  the  public  service  broadcaster. 
Consequently,  its  programme  orientation  justifies  its  relatively  lower  percentage  compared 
with  other  channels:  46.4%  European  works.  CyBC-1,  also  operated  by  the  public 
broadcasting  corporation,  has  a  very  high  percentage  of  European  works  —  89.8%. 
Nonetheless, it must be pointed out that CyBC-2 has substantially increased its scheduling of 
European works (by 16.8%) compared to the figure in the last monitoring report for 2004. 

Sigma 

Sigma channel transmitted a low percentage  (40%)  of European works during  the reference 
period. Nonetheless, it must be pointed out that the station has significantly increased its share 
of European works (by 5.2%) compared to the figure in the last monitoring report for 2004. In 

EN 

54 

   EN 

 
  
  
  
 
  
  
  
  
  
 
any event, the Cyprus Radio–Television Authority (CRTA) will continue its dialogue with the 
channel in order to find ways to increase its percentage. 

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

All channels had a fairly low percentage of European works by independent producers, apart 
from  Sigma  TV,  which  achieved  quite  a  high  proportion  of  29.4%.  CRTA  will  issue  a 
recommendation to all broadcasters to urge them to look into the matter and try to increase the 
time devoted to independent productions. 

B) Measures taken or envisaged by the Member State 

The  measures  being  considered  by  the  CRTA  to  increase  the  levels  and  percentages  of 
European and independent works broadcast on all TV channels under its jurisdiction are: (1) 
to communicate to all national TV channels the results and conclusions of the last monitoring 
report  as  well  as  the  results  of  this  report  (2005-2006)  and  (2)  to  remind  them  of  their 
obligations under the Directive concerning this matter. 

EN 

55 

   EN 

Number of channels 

Reference period Monitoring method 

CZECH REPUBLIC 

Total identified: 32 

2005/2006 

Annual statements by broadcasters 

Covered (IND 1): 25 (2005); 28 (2006)

CZ 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

CET 21spol. s. 
r.o. 

Nova 

59.90% 

58.40% 

31.8% 

34.10%  30.6% 

34.30% 

FTV Prima, 
spol. s r.o. 

Prima televize  68% 

58% 

29.8% 

27% 

100.0% 

98% 

Česká televize  ČT 1 

85.8% 

86% 

19.8% 

17.40%  53.5% 

60.20% 

Česká televize  ČT 2 

90.20% 

89.10% 

18.3% 

16.10%  56.2% 

52.70% 

Česká televize  ČT24 

NO 

EX 

NO 

EX 

NO 

Spektrum 

Česká 
programová 
společnost spol. 
s r.o. 

55.50% 

68.37% 

NC 

39.88%  NC 

EX 

NC 

HBO Česká 
republika, spol. 
s r.o. 

HBO Česká 
republika, spol. 
s r.o. 

HBO Česká 
republika, spol. 
s r.o. 

HBO Česká 
republika, spol. 
s r.o. 

Minimax 
Media s.r.o. 

HBO 

19.82% 

19.01% 

NC 

7.16%  NC 

NC 

HBO 2 

20.72% 

16.35% 

NC 

7.38%  NC 

NC 

Cinemax 

25.36% 

32% 

NC 

8.09%  NC 

NC 

Cinemax 2 

NO 

NC 

NO 

NC 

NO 

NC 

Minimax 

70.00% 

73% 

70.0% 

73% 

45.0% 

46% 

Stanice O, a.s.  Óčko 

100.00%  83.40% 

NC 

60% 

NC 

100% 

EN 

56 

   EN 

 
24.CZ 

NO 

EX 

NO 

EX 

NO 

EX 

Galaxie sport  EX 

EX 

EX 

EX 

EX 

EX 

NO 

EX 

100% 

EX 

NO 

EX 

EX 

43% 

NO 

100% 

100% 

NC 

5.50%  NC 

8, 30% 

EX 

EX 

NC 

REGION 
MEDIA s.r.o. 

Galaxie sport, 
s.r.o. 

SAT Plus, s.r.o. FUN 1 

TELEPACE 
s.r.o. 

TV NOE 

CS film 

Československá 
filmová 
společnost, 
s.r.o. 

HELP FILM, 
s.r.o. 

HELP FILM, 
s.r.o. 

RTA ZLÍN, 
s.r.o. 

Filmbox 

60.07% 

66.70% 

NC 

66.70%  NC 

15.20% 

Nonstop kino  NO 

27.60% 

NO 

27, 60%  NO 

46, 90% 

RTA ZLÍN 

NC 

100% 

NC 

0% 

NC 

0% 

FATEM — TV 
a.s 

RTA JIŽNÍ 
MORAVA- 

NC 

NC 

NC 

NC 

NC 

NC 

GENUS TV 
a.s. 

GENUS TV  NC 

100% 

NC 

74.70%  NC 

74, 70% 

RTA JIŽNÍ 
ČECHY, s.r.o 

RTA JIŽNÍ 
ČECHY 

DAKR 

Regionální 
televize DAKR, 
s.r.o 

Studio 
CLIPPER s.r.o. 

RTA 
OSTRAVA 

NC 

100% 

NC 

0% 

NC 

0% 

NC 

100% 

NC 

64% 

NC 

64% 

NC 

100% 

NC 

0% 

NC 

0% 

Studio Re Vi 
s.r.o. 

RTM 

NC 

100% 

NC 

2% 

NC 

100% 

Českomoravská 
televizní, s.r.o. 

Vysočina TV  NC 

100% 

NC 

83% 

NC 

83% 

TV LYRA 
s.r.o. 

TV MORAVA, 
s.r.o. 

LYRA TV 

NC 

100% 

NC 

67% 

NC 

67% 

TV MORAVA  NC 

100% 

NC 

70.30%  NC 

70.30% 

TV Vřídlo s.r.o. TV Vřídlo 

NC 

100% 

NC 

74.40%  NC 

74.40% 

EN 

57 

   EN 

RTA 
VÝCHODNÍ 
ČECHY, s.r.o. 

RTA 
VÝCHODNÍ 
ČECHY 

NC 

100% 

NC 

0% 

NC 

0% 

ZAK TV s.r.o.  ZAK 

NC 

100% 

NC 

74, 40%  NC 

74.40% 

Compliance rate (IND 3/5) 

36% 

79% 

20% 

61% 

Average % (IND 2/4/6) 

62.95%  79.92% 

33.94% 

35.03%  57.06% 

52.19% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

In the period monitored, a majority proportion of European works was not achieved only by 
those channels devoted solely to films. The broadcasters justify this trend by the situation in 
the film market, where the supply of high-quality, commercially successful films of European 
origin does not adequately meet the demands of television channels focusing on this type of 
product.  

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

The  failure  to  reach  the  10%  proportion  of  European  works  produced  by  independent 
producers  in  2006  was  particularly  evident  in  the  case  of  some  terrestrial  regional 
broadcasters, which regularly produce all their programmes themselves. The programmes of 
such  operators  are  broadcast  only  for  a  few  hours  per  day  and  mainly  consist  of  regional 
information services. Most such operators practically do not transmit any other programming. 

B) Measures taken or envisaged by the Member States 

In  2007,  the  Council  for  Radio  and  Television  Broadcasting  prepared  a  methodological 
instruction  explaining  the  requirements  of  Articles  4  and  5  of  the  Directive,  addressing  the 
terrestrial regional broadcasters. An analysis of the data found that a number of such operators 
were not aware that the Directive’s requirements also apply to their broadcasts (which is why 
data were not communicated for 2005). Problems were also detected with the record-keeping 
of such operators.  

The Council also intends to address selected satellite  broadcasters whose record-keeping on 
works  by  independent  producers  was  found  to  be  insufficient,  resulting  in  the  absence  of 
relevant data.  

EN 

58 

   EN 

  
  
 
Number of channels 

Reference period 

Monitoring method 

DENMARK 

Total identified: 27 

2005/2006 

 -  

Covered (IND 1): 17 (2005); 18 (2006) 

DK  

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster  Channel 

2005 

2006 

2005 

2006 

2005 

2006 

DR 

DR 

DR 1 

DR 2 

TV 
2/DANMARK 

TV 2 

82% 

79% 

84% 

85% 

48.4% 

48.6% 

16% 

18% 

75% 

16% 

17% 

75% 

63% 

63% 

56% 

59% 

89% 

82% 

TV 2 Zulu 
A/S 

TV 2 Charlie 
A/S 

TV 2 Film 
A/S 

TV 2 Zulu 

31% 

28% 

64% 

67% 

74% 

69% 

TV 2 Charlie  77% 

69% 

96% 

96% 

54% 

34% 

TV 2 Film 

21% 

13% 

83% 

66% 

8% 

6% 

TV 2 News  TV 2 News  NO 

EX 

NO 

EX 

TV/MIDTVE
ST 

TV/MIDTVE
ST 

100% 

100% 

6.7% 

16% 

NO 

NC 

EX 

NC 

TV 2/NORD  TV 2/NORD  100% 

100% 

4% 

8% 

100% 

100% 

TV SYD 

TV SYD 

100% 

100% 

24% 

25% 

100% 

100% 

TV 
2/ØSTJYLLA
ND 

TV 2 
/ØSTJYLLA
ND 

100% 

100% 

0% 

0% 

TV 2 LORRY TV 2 LORRY 100% 

100% 

TV 2/FYN 

TV 2/FYN 

100% 

100% 

TV 2 ØST 

TV 2 ØST 

100% 

100% 

TV 2/ 
BORNHOLM 

TV 2/ 
BORNHOLM 

100% 

100% 

3% 

1% 

0% 

0% 

3% 

2% 

0% 

0% 

NC 

NC 

100% 

100% 

EN 

59 

   EN 

 
  
  
 
  
  
  
CIAC Holding DK4 

100% 

100% 

NORDJYSKE 
MEDIER 

24NORDJYS
KE 

100% 

100% 

7% 

0% 

7% 

0% 

40% 

35% 

Kanal 4 

36% 

34% 

95% 

99% 

95% 

97% 

SBS 
Broadcast 
Danmark A/S 

Skandinavian 
Movie 
Channel ApS 

Skandinavian 
Movie 
Channel 

NO 

100% 

NO 

100% 

NO 

33% 

Ciac A/S 

DK Sport 

EX 

DanToto A/S  DanToto 

EX 

Racing Live 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Mesopotamia 
Broadcast 

Mesopotamia 
Broadcast 

Mesopotamia 
Broadcast 

Mesopotamia 
Broadcast 

ROJ TV 

EX 

EX 

EX 

EX 

EX 

EX 

METV 

EX 

EX 

EX 

EX 

EX 

EX 

MMC 

EX 

EX 

EX 

EX 

EX 

EX 

NUCE 

EX 

EX 

EX 

EX 

EX 

EX 

TV 2 Pay Per 
View A/S 

TV 2 Pay Per 
View 

NO 

NO 

NO 

NO 

NO 

NO 

Localeyes.tv 
A/S 

Localeyes.t
v 

NO 

EX 

NO 

EX 

NO 

EX 

Compliance rate (IND 3/5)  76% 

78% 

47% 

56% 

Average % (IND 2/4/6) 

81.14%  80.92% 

28.98% 

33.17% 

70.82%  64.83% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

•  Three  channels  (TV2  Zulu,  TV2  Film  and  Kanal  4,  with  audience  shares  of  2.8%,  1.1% 

and 3.9%, respectively) broadcast less than 50% European works in 2006. 

•  One  channel  (TV2/DANMARK)  broadcast  49%  European  works  in  2006,  and  this 

percentage increased over the year. 

EN 

60 

   EN 

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

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

•  One  channel  (24NORDJYSKE)  also  does  not  broadcast  programmes  produced  by 
independent producers. This is a niche channel that primarily broadcasts locally produced 
news and current affairs programmes. 

B) Measures taken or envisaged by the Member State 

•  The  Radio  and  Television  Board  intends  to  call  on  the  three  channels  (TV2  Zulu,  TV2 
Film  and  Kanal  4)  broadcasting  less  than  50% European  works  to  ensure  that  more  than 
half  of  their  airtime  not  taken  up  by  news  programmes,  coverage  of  sports  events, 
competitions, advertising, teleshopping and teletext is allocated to European programmes. 

•  The Radio and Television Board will inform TV2/DANMARK that it must aim to ensure 
that  more  than  half  of  its  airtime  not  taken  up  by  news  programmes,  coverage  of  sports 
events,  competitions,  advertising,  teleshopping  and  teletext  is  allocated  to  European 
programmes, thereby maintaining the increase to date. 

C) Further comments 

•  The  eight  regional  TV  2  channels  (TV/MIDTVEST,  TV2/NORD,  TV  SYD,  TV 
2/ØSTJYLLAND, TV 2 LORRY, TV 2/FYN, TV2 ØST, TV 2/BORNHOLM) broadcast 
between  30  minutes  and  one  hour  a  day  in  slots  on  TV  2’s  terrestrial  channel.  These 
channels mainly broadcast locally produced news and magazine programmes. 

•  The Scandinavian Movie Channel (SMC) has stated that the company is owned partly by 
an  investment  group  (IDIC  ApS),  and  partly  by  a  partnership  made  up  of  125  film 
producers (DIGIRET ApS), each owning 50%. As these film producers also supply some 
of the works broadcast, this has cast doubt on their independent status. SMC has expressed 
the  view  that  these  are  independent  producers  and  has  stressed  in  this  regard  that  the 
producers in question are financially independent of SMC, that no secondary rights have 
been  transferred  to  SMC  and  that  SMC  does  not  commission  productions  from  the 
producers in question. 

•  The following channels are not included in the statistical summary: 

- DK Sport, broadcasts sports events and sports news only  

- ROJ TV, broadcasts exclusively in Kurdish 

- METV, broadcasts exclusively in Kurdish 

- MMC, broadcasts exclusively in Kurdish 

- NUCE, broadcasts exclusively in Kurdish 

- DanToto Racinglive, broadcasts sports news only 

EN 

61 

   EN 

- Localeyes.tv, broadcasts news programmes only 

- TV 2 News, broadcasts news programmes only 

•  The following channels began broadcasting during 2005-2006: 

- TV 2 News — launched on 1 December 2006 

- Skandinavian Movie Channel — launched on 1 September 2006 

- Localeyes.tv — launched on 1 June 2006 

•  TV 2 Pay Per View will begin broadcasting in 2007. 

EN 

62 

   EN 

GERMANY 

Number of channels 

Reference 
period 

Monitoring methods 

Total identified: 41 

2005/2006  Public service broadcasters communicate their own data

Covered (IND 1): 37 
(2005); 41 (2006) 

The media authorities of the Länder (federal states) 
communicate data on private broadcasters 

DE 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

ARD 

ZDF 

ARD/ZDF 

ARD/ZDF 

ARD 

ZDF 

90% 

90% 

34% 

37% 

82% 

84% 

86% 

86% 

23% 

21% 

59% 

87% 

Phoenix 

99% 

99% 

1% 

1% 

100% 

100% 

KiKa 

78% 

80% 

52% 

53% 

63% 

62% 

ARD,ZDF,ORF,SRG 

3sat 

96% 

96% 

32% 

33% 

83% 

83% 

Bibel TV Stiftung GmbH  Bibel TV 

60% 

60% 

95% 

90% 

80% 

85% 

DSF Deutsches 
SportFernsehen GmbH 

DSF 

100% 

99% 

90% 

76% 

99% 

93% 

Gute Laune TV GmbH  Gute Laune TV 

100% 

100% 

97% 

90% 

50% 

55% 

JETIX Europe GmbH 

JETIX 

25% 

30% 

64% 

56% 

60% 

59% 

n-tv Nachrichtensender 

n-tv 

75% 

75% 

30% 

30% 

99% 

99% 

ONYX Television GmbH  Terranova 

80% 

76% 

91% 

95% 

67% 

56% 

Premiere 

Premiere 

30% 

31% 

100% 

100% 

60% 

62% 

ProSiebenSat1 Media AG  9Live 

100% 

100% 

52% 

52% 

83% 

97% 

ProSiebenSat1 Media AG  Sat1 

86% 

86% 

84% 

80% 

78% 

82% 

ProSiebenSat1 Media AG  ProSieben 

64% 

60% 

77% 

77% 

69% 

66% 

ProSiebenSat1 Media AG  Kabel 1 

23% 

26% 

99% 

99% 

26% 

29% 

ProSiebenSat1 Media AG  N24 

54% 

55% 

94% 

95% 

73% 

63% 

EN 

63 

   EN 

 
ProSiebenSat1 Media AG  Kabel 1 classics 

NO 

26% 

NO 

100%  NO 

0% 

ProSiebenSat1 Media AG  Sat1 comedy 

NO 

41% 

NO 

86% 

NO 

28% 

RTL2 Fernsehen 
GmbH&CoKG 

RTL Disney Fernsehen 
GmbH&CoKG 

RTL2 

48% 

43% 

45% 

39% 

94% 

92% 

Super RTL 

34% 

33% 

100% 

100% 

54% 

55% 

RTL Television GmbH  RTL 

80% 

79% 

56% 

56% 

87% 

84% 

Spiegel TV GmbH 

Spiegel TV 

100% 

100% 

100% 

100% 

75% 

75% 

The Walt Disney 
Company GmbH 
(Germany) 

The Walt Disney 
Company GmbH 
(Germany) 

The Walt Disney 
Company GmbH 
(Germany) 

TM-TV GmbH 

Viacom 

Viacom 

Viacom 

Viacom 

VOX Film-u. Fernseh 
GmbH&CoKG 

Disney Channel 

22% 

23% 

14% 

16% 

22% 

23% 

Playhouse Disney 

32% 

38% 

24% 

30% 

32% 

38% 

TOON Disney 

8% 

10% 

0% 

2% 

8% 

10% 

Tele 5 

MTV 

VIVA 

68% 

65% 

100% 

100% 

66% 

55% 

30% 

30% 

70% 

70% 

85% 

85% 

45% 

45% 

80% 

80% 

90% 

90% 

VIVA Plus 

50% 

45% 

90% 

90% 

95% 

95% 

NICK 

VOX 

20% 

20% 

25% 

25% 

95% 

95% 

41% 

45% 

80% 

83% 

92% 

96% 

Würfelzucker TV 

Würfelzucker TV  NO 

NC 

NO 

90% 

NO 

NC 

Discovery 
Communications 
DeutschlandGmbH 

Discovery 
Communications 
DeutschlandGmbH 

Discovery 
Communications 
DeutschlandGmbH 

Discovery Channel  30% 

40% 

45% 

45% 

90% 

85% 

Animal Planet 

50% 

55% 

50% 

50% 

50% 

45% 

Discovery 
Geschichte 

70% 

80% 

54% 

54% 

90% 

50% 

EN 

64 

   EN 

Discovery 
Communications 
DeutschlandGmbH 

XXP TV Das 
Metropolenprogramm 
GmbH&CoKG 

GoldStarTV 
GmbH&CoKG 

GoldStarTV 
GmbH&CoKG 

Discovery HD 

NC 

NC 

NC 

NC 

NC 

NC 

DMAX 

NO 

40% 

NO 

50% 

NO 

90% 

Goldstar TV 

90% 

95% 

80% 

78% 

20% 

25% 

Heimatkanal 

100% 

100% 

85% 

80% 

10% 

12% 

Hit24 Television GmbH  Hit24 

60% 

65% 

95% 

95% 

30% 

34% 

Compliance rate (IND 3/5) 

62% 

54% 

92% 

93% 

Average % (IND 2/4/6) 

61.78% 60.69% 64.11% 65.10%  67.11%  64.72%

A) Reasons given by the Member State for failure to achieve the proportions 

JETIX: special-interest channel (children) 

Premiere:  special-interest  channel  (pay  TV,  subscription  TV),  some  channels  well  above 
quota requirements 

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

RTL 2: none 

Super RTL: special-interest channel (children) 

Disney Channel: special-interest channel, local productions transferred to Playhouse Disney 

Playhouse Disney: special-interest channel 

Toon Disney: special-interest channel, productions from the Disney library 

MTV: special-interest channel (music) 

VIVA: special-interest channel (music) 

Nick: special-interest channel (children) 

VOX: none 

Discovery Channel: special-interest channel (documentaries) 

B) Measures taken or envisaged by the Member State 

Where  channels  have  failed  to  achieve  the  proportions  specified  in  Articles  4  and  5  of  the 
Directive, the German authorities have initiated talks with the relevant broadcasters to discuss 
the  situation  (provided  that  the  failure  to  achieve  these  proportions  was  not  due  to  the 
specialised  nature  of  the  channels  in  question).  In  some  cases,  these  talks  have  already  had 
some initial success. 

EN 

65 

   EN 

  
  
 
ESTONIA 

Number of channels 

Reference 
period 

Monitoring method 

Total  identified  and  covered
(IND 1): 3 

2005/2006 Daily  monitoring,  carried  out  by  an  independent 

research company (TNS EMOR) 

EE 

MS 

EW (% of TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Estonian Television ETV 

ETV 

86.40% 

86.20% 

60.60% 75.00%  23.50%  43.80%

Kanal 2 

TV 3 

Kanal 2 

48.00% 

51.00% 

33.90% 33.80%  22.80%  19.80%

TV 3 

51.00% 

51.00% 

43.80% 37.80%  32.10%  28.70%

Compliance rate (IND 3/5) 

67% 

100% 

100%  100% 

Average % (IND 2/4/6) 

61.80% 

62.73% 

46.10% 48.87% 26.13% 30.77%

A) Reasons given by Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

The commercial broadcaster Kanal 2 did not meet the 50% minimum in 2005 as it underwent 
some changes in the structure of its programming, changing at the same time its software used 
for planning and assessment of the programme schedule. This caused some inaccuracies and 
the failure to achieve the proportions became evident at a later stage only. 

B) Measures taken or envisaged by the Member State 

Kanal 2 submitted its explanations for failure to achieve the required proportion (see section 
A) and was given a warning. It reached the target in 2006. 

C) Further comments 

Cable  TV  broadcasters  under  Estonian  jurisdiction  are  regarded  as  local  broadcasters  not 
forming part of a national network. In accordance with Article 9 of the Directive, which states 
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’,  information  concerning  cable  TV 
channels has not been submitted. 

During  the  reporting  period  2005-2006,  none  of  the  cable  TV  broadcasters  operational  in 
Estonia had a nationwide coverage. They remained regional, addressing local audiences and 
not forming part of a national network. As an exemption for such channels is allowed under 

EN 

66 

   EN 

  
  
 
Article  9  of  the  Directive  and  under  the  Estonian  Broadcasting  Act,  their  non-inclusion  has 
seemed appropriate and reasonable so far. Estonia is a sparsely populated country where cable 
TV  is  accessible  only  in  bigger  towns  and  settlements.  In  smaller  villages,  cable  networks 
have  not  been  installed  for  economic  reasons.  Therefore,  the  potential  audience  of  cable 
channels is considerably smaller than for terrestrial transmission. As the Estonian audiovisual 
sector  is  extremely  small  and  with  a  restricted  language  area,  these  specific  characteristics 
should be taken into account when imposing obligations on TV channels. 

EN 

67 

   EN 

GREECE 

Number of channels 

Reference period 

Monitoring method 

Total identified: 48 

2005/2006 

Covered (IND 1): 40 (2005); 38 
(2006) 

Greek National Council for 
Radio and Television 
(NCRTV) 

EL 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

ERT S.A. 

ERT S.A. 

ET1 

NET 

ELEFTHERH 
THLEORASH S.A. 

ALTER 
CHANNEL 

83.29 

77.32 

20.33 

13.68 

71.31 

87.14 

92.08 

80.43 

9.25 

6.02 

35.73 

70.93 

88 

88 

28 

27 

94.6 

104.32 

ANTENNA TV 

ANTENNA TV  68.87 

69.28 

30.69 

33.44 

27.46 

28.96 

MEGA TV 

MEGA TV 

78.9 

81.7 

51.6 

51.1 

34.3 

45.2 

MAKEDONIA TV 

MAKEDONIA 
TV 

65.51 

66.37 

42.17 

46.39 

11.65 

14.13 

ALPHA DORYFORIKI 
THLEORASH 

ALPHA TV 

80 

55 

45 

52 

72 

99 

RADIOTHLEOPTIKH 
S.A. 

902 ARISTERA 
STA FM 

89.99 

74.55 

13.33 

12.14 

0 

0 

NEA THLEORASH S.A. STAR 

46.96 

46.82 

20.39 

20.65 

100 

100 

CHANNEL 

EIDISEIS DOT COM 
S.A. 

SKAI TV 

NO 

51.44 

NO 

54.52  NO 

78.29 

DISCOVERY 
COMMUNICATION 
EUROPE 

ANIMAL 
PLANET 

62.43 

67.01 

10.60 

15.00 

7.58 

11.00 

DISCOVERY 
COMMUNICATION 
EUROPE 

DISCOVERY 

55.30 

41.00 

10.24 

6.00 

9.37 

6.00 

NGC — UK 
PARTNERSHIP 

NATIONAL 
GEOGRAPHIC 

41.51 

43.91 

37.52 

40.23 

30.19 

36.86 

EN 

68 

   EN 

 
MGM FILMS LTD 

MGM 

9.50 

15.34 

0.00 

0.00 

0.00 

0.00 

GREEK PARLIAMENT CHANNEL OF 

100.00 

48.61 

0.00 

0.00 

42.73 

0.00 

EUROSPORT SA  

THE GREEK 
PARLIAMENT 

EUROSPORT 
NEWS  

EX 

EX 

EX 

EX 

EX 

EX 

EUROSPORT SA  

EUROSPORT  

EX 

EX 

EX 

EX 

EX 

EX 

ANTENNA GOLD 
OVERSEAS LTD 

ANTENNA 
GOLD 

100.00 

100.00 

91.18 

100.00  69.11 

60.67 

ΑΝΤΕΝΝΑ T. V. S.A.  BIG 

EX 

EX 

EX 

EX 

EX 

EX 

MOTHER/BROT
HER 

ΑΝΤΕΝΝΑ T. V. S.A 

FAME STORY 4  EX 

ALPHA DORIFORIKI 
TILEORASH S.A. 

DREAMSHOW  EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

ALPHA DORIFORIKI 
TILEORASI S.A. 

ΕRT S.A. 

ΕRΤ S.A. 

DREAMSHOW 2 EX 

EX 

EX 

EX 

EX 

EX 

ET3 

79.48 

46.01 

2.22 

21.25 

0.27 

36.94 

EUROVISION 
CHANNEL  

0.00 

100.00 

0.00 

0.00 

0.00 

0.00 

NETMED HELLAS SA  FILMNET 1 

50.04 

50.67 

27.07 

35.72 

85.47 

84.48 

NETMED HELLAS SA  FILMNET 2 

45.93 

46.47 

25.56 

33.74 

86.26 

86.59 

NETMED HELLAS SA  FILMNET 3  

37.99 

63.81 

22.36 

27.17 

83.61 

87.94 

NETMED HELLAS SA  FILMNET 
SUMMER  

32.35 

0.00 

17.84 

0.00 

65.26 

0.00 

NETMED HELLAS SA  SUPERSPORT 1  58.40 

86.82 

0.00 

0.00 

0.00 

0.00 

NETMED HELLAS SA  SUPERSPORT 2  87.13 

83.15 

0.00 

0.00 

0.00 

0.00 

NETMED HELLAS SA  SUPERSPORT 3  93.33 

65.55 

0.00 

0.00 

0.00 

0.00 

NETMED HELLAS SA  SUPERSPORT 

74.15 

51.35 

0.00 

0.00 

0.00 

0.00 

SPECIAL / 
SUPERSPORT 4 

MOTORS TV 

MOTORS TV 

14.51 

14.58 

8.91 

8.67 

13.68 

5.02 

THE HISTORY 
CHANNEL (UK) 

HISTORY 
CHANNEL 

7.03 

10.83 

4.13 

2.12 

1.45 

1.43 

EN 

69 

   EN 

MEZZO  

100.00 

100.00 

0.00 

0.00 

0.00 

0.00 

JETIX 

38.85 

35.22 

0.00 

0.00 

0.00 

0.00 

CARTOON 
NETWORK 

CHASSE & 
PECHE 

25.54 

19.82 

3.21 

1.82 

0.00 

0.93 

100.00  NC 

4.15 

NC 

1.46 

NC 

MTV 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

VH1  

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

TCM 

33.59 

33.42 

0.00 

0.42 

0.00 

100 

LAGARDERE 
NETWORKS 
INTERNATIONAL 

JETIX EUROPE 
LIMITED 

TURNER 
BROADCASTING 
SYSTEM EUROPE 
DISTRIBUTION 
SYSTEM 

AB GROUP SA 

MTV NETWORKS 
EUROPE 

MTV NETWORKS 
EUROPE 

TURNER 
BROADCASTING 
SYSTEM EUROPE 
DISTRIBUTION 
SYSTEM 

THEMATIKA DIKTYA 
S.A. 

GBC 

100.00  NO 

41.87  NO 

41.87  NO 

CNN 

EX 

EX 

EX 

EX 

EX 

EX 

TURNER 
BROADCASTING 
SYSTEM EUROPE 
DISTRIBUTION 
SYSTEM 

LANDMARK TRAVEL 
CHANNEL LIMITED 

TRAVEL 
CHANNEL 

72.60 

55.30 

70.23 

30.25 

57.81 

30.25 

MAD TV S.A. 

MAD TV 

80.00 

82.64 

63.04 

82.64 

31.10 

82.64 

MAD TV S.A. 

MAD MUSIC 
AWARDS 

RADIOTILEOPTIKI 
ΑLFΑ TV LTD 

ALFA TV — 
CYPRUS 

100.00 

100.00 

0.00 

0.00 

0.00 

0.00 

40.15 

NO 

1.71 

NO 

40.04  NO 

LUMIERE TV 

LTV- CYPRUS  34.47 

NO 

29.34  NO 

31.19  NO 

Compliance rate (IND 3/5) 

60% 

58% 

50% 

47% 

Average % (IND 2/4/6) 

60.71%  55.47%  18.29%  19.51%  28.64%  60.71% 

EN 

70 

   EN 

 
 
A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

SKAI TV: non-operational in 2005 

GBC, ALFA TV-CYPRUS, LTV-CYPRUS: non-operational in 2006 

Seven channels have been exceptionally exempted:  

•  four  channels  (Big  Mother/Brother,  Fame  Story  4,  Dreamshow  and  Dreamshow  2) 

transmitting 24-hour a day reality shows, for a period of three months each,  

•  two channels (Eurosport News and Eurosport) are sports channels, 

•  one channel (CNN) is a news channel. 

13  channels  in  2005  and  12  in  2006  (mainly  channels  broadcasting  on  the  digital  platform 
‘NOVA’) did not achieve the 50% target: most are thematic channels.26 

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

Seven channels have been exceptionally exempted:  

•  four  channels  (Big  Mother/Brother,  Fame  Story  4,  Dreamshow  and  Dreamshow  2) 
transmitting in a twenty-four hour basis reality shows, for a period of three months each,  

•  two channels (Eurosport news and Eurosport) are sport channels,  

•  one channel (CNN) is a news channel. 

Seven channels in 2005 and six channels in 2006 (mainly channels broadcasting on the digital 
platform ‘NOVA’) did not achieve the target: most are thematic channels.27 

B) Measures taken or envisaged by the Member State 

•  Most channels did comply with their obligations under Articles 4 and 5 of the Directive. 
Those free-to-air channels that failed to do so stated that they would try to comply as soon 
as possible. Some channels broadcasting on the ‘NOVA’ digital platform did not send any 
information. 

C) Further comments: 

•  ERT S.A.’s 3 channels (ET1, NET, ET3): public service broadcasting organisation  

26 
27 

This does not include channels reported as ‘0%’ channels by the Greek authorities. 
Idem. 

EN 

71 

   EN 

 
                                                 
•  ALTER CHANNEL, ANTENNA TV, MEGA TV, MAKEDONIA TV, ALPHA TV, 902 
ARISTERA  STA  FM,  STAR  CHANNEL,  SKAI  TV:  privately  owned  channels, 
broadcasting at national level, free-to-air analogue transmission. 

•  NetMed  Hellas:  privately  owned  analogue  terrestrial  platform,  broadcasting  three 

subscription channels (Filmnet, Supersport, Jetix). 

Multichoice Hellas S.A.: privately owned digital platform, broadcasting various channels via 
satellite under the name ‘NOVA’. The number of channels transmitting on NOVA varies each 
year,  according  to  the  private  agreements  signed  between  Multichoice  Hellas  S.A.  and  the 
channels. 

EN 

72 

   EN 

Number of channels 

Reference period  Monitoring method 

SPAIN 

Total identified: 66 

2005/2006 

Covered (IND 1): 48 
(2005); 56 (2006) 

Monitoring  system  based  on  verification  and 
analysis of data obtained via two routes: 

- Data obtained via a company specialising in 
the  television  sector  with  which  the  Spanish 
technical  assistance 
administration  has  a 
contract; 

- Data supplied by the broadcasters themselves 
(in the case of channels operating above 
regional level) or by the Autonomous 
Communities (in the case of channels 
operating at regional level). 

ES 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

ANTENA 3 TV 

Antena 3 

60.01% 

52.42%  43.51%  37.76%  96.70%  96.65% 

Antena 3 NEOX 
(as of 11/2005) 

NC 

Antena 3 NOVA 
(as of 11/2005) 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

RTVE  

La Primera-
TVE1 

59.47% 

60.84%  25.89%  27.63%  75.15%  77.80% 

(E.P. 
RADIOTELEVISIÓ
N ESPAÑOLA) 

La 2 

83.87% 

78.89%  24.19%  22.71%  74.00%  75.65% 

TVE 
Internacional 

Clan TVE (in.: 
dic/05’) 

73.93% 

74.50%  20.57%  22.36%  88.86%  91.06% 

NO 

62.42%  NO 

25.31%  NO 

72.40% 

Canal Docu TV  94.45% 

96.72%  15.27%  24.41%  83.24%  93.61% 

Canal Clásico 

86.73% 

92.56%  22.44%  25.52%  53.48%  51.32% 

Teledeporte 

EX 

EX 

EX 

EX 

EX 

EX 

EN 

73 

   EN 

 
  
  
  
  
  
  
  
Canal 24Horas  EX 

EX 

EX 

EX 

EX 

EX 

GESTEVISIÓN 
TELECINCO, S.A. 

Telecinco 

78.33% 

78.35%  43.47%  51.32%  95.22%  97.44% 

Telecinco Sport 
(as of 11/2005) 

EX 

EX 

EX 

EX 

EX 

EX 

Telecinco 
estrellas (as of 
11/2005) 

La Sexta (as of 
11/2005) 

NC 

NC 

NC 

NC 

NC 

NC 

NO 

72.38%  NO 

61.20%  NO 

90.30% 

AXN 

52.00% 

54.40%  9.85% 

11.60%  58.30%  60.20% 

Cosmopolitan 

29.00% 

11.00%  24.00%  8.00% 

63.00%  39.00% 

GESTORA DE 
INVERSIONES 
AUDIOVISUALES 
LA SEXTA, S.A. 

AXN Channel 
España, s.l. 

Canal Cosmopolitan 
Iberia, S.L.U. 

FOX 
INTERNATIONAL 
CHANNELS 
ESPAÑA, S.L. 

FOX (as of 
1/06/2001) 

10.00% 

16.00%  10.00%  16.00%  100.00%  100.00% 

NATIONAL 
GEOGRAPHIC 
(as of 1/07/2004) 

52.00% 

58.00%  52.00%  58.00%  100.00%  100.00% 

JETIX 

50.70% 

52.60%  50.60%  52.50%  55.70%  65.90% 

Calle 13 

26.00% 

31.00%  20.00%  28.70%  88.00%  76.00% 

SCI FI (as of 
06/2006) 

NO 

2.20% 

NO 

2.20% 

NO 

100.00% 

NET TV 

74.00% 

51.00%  74.00%  51.00%  54.00%  66.00% 

JETIX ESPAÑA, 
S.L. 

NBC Universal 
Global Networks 
España, S.L. 

NET TV, S.A. 
SOCIEDAD 
GESTORA DE 
TELEVISIÓN 

FLY MUSIC (as 
of 30/11/2005) 

 NO 

60.00% 

 NO 

60.00%  NO  

100.00% 

PARAMOUNT 
COMEDY 
CHANNEL 

Paramount 
Comedy 

67.10% 

71.50%  49.90%  45.60%  91.40%  100.00% 

EN 

74 

   EN 

  
  
  
  
  
  
ESPAÑA, S.L. 

Nickelodeon 

35.30% 

32.10%  33.00%  31.50%  100.00%  49.00% 

REAL MADRID 
C.F. 

REAL 
MADRID TV 

SOGECABLE 

Cuatro (as of 
7/11/2005) 

EX 

EX 

EX 

EX 

EX 

EX 

56.54% 

51.83%  30.53%  46.89%  49.13%  31.37% 

Viajar 

88.89% 

92.10%  86.23%  88.86%  89.50%  92.40% 

Caza y Pesca (as 
of 21/07/2003) 

98.11% 

97.67%  67.29%  71.50%  73.43%  71.41% 

Documania 

75.11% 

77.29%  96.70%  98.63%  74.61%  84.35% 

Canal + 

50.22% 

48.46%  55.34%  72.48%  95.13%  92.48% 

DCine Español 
(as of 
21/07/2003) 

98.82% 

98.97%  99.77%  99.10%  0.20% 

0.15% 

Cinemanía 

25.39% 

27.11%  97.74%  93.61%  21.28%  27.49% 

Golf+ 

Sportmanía 

EX 

EX 

Canal+ Fútbol  EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Sogecable Música, 
S.L. 

40TV 

61.62% 

65.40%  14.66%  16.20%  95.00%  95.00% 

40 Latino 

75.46% 

74.15%  16.90%  16.30%  95.00%  95.00% 

VEO TELEVISIÓN  VEO1 (as of 

100.00%  69.20%  98.50%  27.80%  100.00%  100.00% 

1/06/2001) 

VEO2/SET EN 
VEO (as of 
01/2006) 

Disney Channel 
(as of 
16/11/2001) 

Walt Disney 
International 

NO 

68.73%  NO 

49.80%  NO 

98.80% 

42.88% 

43.93%  31.51%  42.47%  74.09%  55.94% 

Disney 
Channel+1 (as of 
16/11/2001) 

42.88% 

43.93%  31.51%  42.47%  74.09%  55.94% 

EN 

75 

   EN 

  
  
  
  
  
  
  
  
  
  
  
  
  
Corporación 
Extremeña de 
Medios 
Audiovisuales 

Televisión de 
Cataluña,S.A. 

Playhouse 
Disney (as of 
16/1/2001) 

54.55% 

59.11%  43.92%  57.78%  61.98%  72.39% 

Toon Disney 

26.59% 

31.89%  26.06%  31.28%  86.16%  61.16% 

Canal 
Extremadura tv 
(as of 02/2006) 

96.00% 

57.87%  0.00% 

0.57% 

0.00% 

0.00% 

TV3 

60.90% 

63.80%  21.60%  19.30%  50.60%  46.80% 

K3/33 

63.10% 

68.70%  59.70%  51.70%  72.40%  68.40% 

TVI 

83.40% 

86.80%  30.70%  50.20%  76.60%  65.30% 

RADIOTELEVISIÓ
N VALENCIANA 

Canal Nou 

59.27% 

61.64%  26.17%  34.07%  67.50%  65.60% 

Punt 2 

78.63% 

81.89%  47.60%  45.52%  50.30%  71.40% 

Popular TV 
Mediterráneo (as 
of 18/10/2006) 

NO 

51.00%  NO 

21.20%  NO 

13.50% 

Las Provincias 
TV (as of 
18/10/2006) 

ETB1 

ETB2 

TVG 

EITB 

COMPAÑÍA DE 
RADIO 
TELEVISIÓN DE 
GALICIA 

NO 

34.65%  NO 

18.07%  NO 

15.28% 

97.40% 

95.10%  58.90%  61.00%  87.00%  87.40% 

52.70% 

51.60%  42.40%  43.90%  82.00%  82.90% 

56.25% 

66.00%  16.00%  17.00%  70.61%  69.09% 

TELEVISIÓN 
AUTONÓMICA DE 
ARAGÓN,S.A. 

Aragón 
Televisión (in: 
21/04/06) 

NO 

64.91%  NO 

12.20%  NO 

81.00% 

RADIO 
TELEVISIÓN 
CANARIA 

RADIO 
TELEVISIÓN DE 
ANDALUCÍA 

Tv Canaria 

47.93% 

46.22%  33.40%  21.80%  63.50%  57.24% 

Canal Sur 

77.00% 

76.00%  51.00%  52.00%  40.00%  45.00% 

Canal 2 

72.70% 

71.50%  51.00%  51.00%  50.00%  51.00% 

EN 

76 

   EN 

  
  
  
  
  
  
  
  
  
Andalucía 

TELEVISIÓ ILLES 
BALEARS, S.A. 

Televisió Illes 
Balears IB3 
(in:sept/05’) 

Castilla La Mancha 
Televisión 

Castilla La 
Mancha TV (in: 
jun/02) 

67.60% 

52.40%  67.60%  52.40%  98.42%  95.39% 

64.02% 

62.89%  16.17%  10.62%  62.40%  68.92% 

TV Autonómica de 
Madrid 

Telemadrid 

53.10% 

56.10%  9.50% 

10.10%  61.70%  64.50% 

CONGRESO DE 
LOS DIPUTADOS 

Canal Congreso 
de los Diputados 

EX 

EX 

EX 

EX 

EX 

EX 

CNN+ 

EX 

EX 

EX 

EX 

EX 

EX 

COMPAÑÍA 
INDEPENDIENTE 
DE NOTICIAS DE 
TV S.L. 

BARCELONA F. C.  Barça TV 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

75% 

73% 

88% 

89% 

Average % (IND 2/4/6) 

63.55% 

60.52%  41.05%  39.46%  71.10%  69.53% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

Thematic channels: general information, sporting events or sports, game shows, competitions, 
advertising, teletext or home shopping services. 

Channels that began broadcasting in Spain after 31 December 2001 are allowed a period of 
five  years,  under  the  first  and  second  transitional  provisions  of  Law  25/1994,  to  gradually 
attain the stipulated percentages of European and independent productions. 

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

Same reasons as above. 

EN 

77 

   EN 

  
  
 
FRANCE 

Number of channels 

Reference period 

Monitoring methods 

Total identified: 129 

2005/2006 

Distribution:  

Covered (IND 1): 92 (2005); 
100 (2006) 

- Terrestrial channels: monitoring of 
daily programmes via a CSA database. 

- Cable channels: broadcasters’ reports 
analysed and monitored by CSA. 

Production: 

- Terrestrial channels: broadcasters’ 
reports monitored by CSA. 

- Cable channels: broadcasters’ reports 
monitored by CSA. 

FR 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

TF1 

M6 

62.15% 

60.90% 

14.00%* 14.00%*  94.63%  95.50% 

60.89% 

64.00% 

16.00%* 17.10%*  91.43%  90.95% 

Canal+ 

64.27% 

65.00% 

13.00%* 11.10%*  100.00% 100.00%

France 2 

82.27% 

82.42% 

16.00%* 19.10%*  100.00% 100.00%

France 3 

77.79% 

80.07% 

18.00%* 19.80%*  100.00% 100.00%

France 4 

NO  

69.62%  NO  

15.20%*  NO  

100.00%

France 5 

86.60% 

86.34% 

13.00%* 12.10%*  100.00% 100.00%

Direct 8 

NO  

96.55%  NO  

EX 

NO  

EX 

Europe 2 TV  NO  

65.41%  NO  

100.00%* NO  

100.00%

Gulli 

NRJ 12 

NT1 

TMC 

W9 

NO  

NO  

NO  

81.25%  NO  

100.00%* NO  

100.00%

54.38%  NO  

17.90%*  NO  

100.00%

63.37%  NO  

12.80%*  NO  

36.62% 

66.96% 

70.64% 

9.00%*  11.80%*  38.26%  41.94% 

67.32% 

68.81% 

7.00%*  6.20%*  100.00% 100.00%

EN 

78 

   EN 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
AB Sat SA (AB1 SAS)  AB 128 

58% 

67% 

10% 

8% 

27% 

7% 

AB Sat SA  

AB Moteurs 

94% 

81% 

NC 

44% 

NC 

62% 

Alegria 

Alegria 

NO 

NO 

NO 

NO 

NO 

NO 

AB Sat SA  

Animaux 

76% 

80% 

63% 

12% 

54% 

26% 

APHM 

APHM 

NO 

100% 

NO 

NC 

NO 

NC 

Vo Productions 

ARMOR TV  NO 

NO 

NO 

NO 

NO 

NO 

AstroCenter 

AstroCenter  NO 

NC 

NO 

NC 

NO 

NC 

BRTV 

M6 

BEUR TV 

Canal satellite 

Canal J 

AB Sat SA 

CLP TV 

SECC 

Berbère TV 

NC 

100% 

NC 

9% 

NC 

35% 

Best of 
shopping 

Beur TV 

Canal 
Evénementiel 

Canal J29 

Chasse et 
Pêche 

EX 

EX 

EX 

EX 

EX 

EX 

NC 

EX 

NC 

EX 

NC 

NC 

NC 

NC 

EX 

EX 

EX 

EX 

78% 

76% 

77% 

76% 

75% 

50% 

96% 

99.6% 

72% 

76% 

45% 

21% 

CLP TV 

NO 

NO 

NO 

NO 

NO 

NO 

Comédie 

70% 

78% 

35% 

73% 

49% 

44% 

TV Gourmand 

Cuisine TV 

89% 

88% 

36% 

28% 

86% 

77% 

Y Media 

Demain 

NC 

100% 

NC 

0% 

NC 

0% 

Disney Channel France 
SA 

Disney 
Channel 

56% 

60% 

46% 

51% 

79% 

82% 

Du côté de chez vous TV Du côté de 
chez vous 

NO 

NO 

NO 

NO 

NO 

NO 

AB Sat SA 

Encyclopedia  77% 

79% 

69% 

71% 

46% 

31% 

28 
29 

Digital terrestrial pay-TV channel in 2006. 
Idem. 

EN 

79 

   EN 

                                                 
Equidia SAS 

Equidia 

80% 

84% 

74% 

82% 

66% 

80% 

AB Sat SA 

Escales 

85% 

80% 

55% 

48% 

54% 

34% 

TPS Jeunesse 

Eurèka  

67% 

60% 

67% 

60% 

72% 

56% 

Secemie 

Euronews 

Eurosport France 

Eurosport30 

EX 

EX 

Eurosport France 

Eurosport 2 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Canal J 

Filles TV 

62% 

68% 

60% 

67% 

35% 

4% 

AB Sat SA 

Fit TV 

EX 

France 24 

France 24 

NO 

EX 

NO 

EX 

EX 

EX 

EX 

NO 

NO 

NO 

NO 

Fun TV SNC 

Fun TV 

83% 

84% 

69% 

39% 

96% 

98% 

I-Line SA 

Game One 

92% 

92% 

32% 

5% 

44% 

100% 

TF1 

Histoire 

92% 

91% 

32% 

50% 

44% 

47% 

Boutique du Monde 

TPS  

TF1 

Home 
Shopping 
Galerie 

Infosport 

JET TV 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Fox Kids France 

Jetix 

64% 

68% 

35% 

33% 

59% 

39% 

Canal Jimmy SAS 

Jimmy 

63% 

65% 

56% 

64% 

20% 

27% 

Association Notre Dame 
de Paris 

KTO 

97% 

92% 

47% 

46% 

76% 

91% 

lagardère 

La Chaîne 
météo 

100% 

100% 

100% 

100% 

100% 

100% 

TF1 

LCI31 

EX 

L’Equipe TV 

L’Equipe TV  EX 

Lohys ! TV 

Lohys ! TV 

NO 

EX 

EX 

NO 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

NO 

NO 

NO 

NO 

30 
31 

Idem. 
Idem. 

EN 

80 

   EN 

                                                 
AB Sat SA 

Mangas 

61% 

60% 

29% 

33% 

30% 

0% 

Multithématiques 

Ma Planète 

60% 

70% 

58% 

64% 

18% 

31% 

B’n’B Production 

MA 3 

NO 

NO 

NO 

NO 

NO 

NO 

MCM SA 

MCM SA 

MCM SA 

MCM 

69% 

56% 

51% 

49% 

92% 

96% 

MCM POP 

76% 

76% 

73% 

75% 

43% 

64% 

MCM TOP 

74% 

64% 

72% 

63% 

99% 

99% 

Mezzo SA 

Mezzo 

94% 

94% 

85% 

86% 

88% 

79% 

Mizik Tropical 

Mizik Tropical NO 

NO 

NO 

NO 

NO 

NO 

AB Sat SA 

Motors TV 

100% 

93% 

64% 

57% 

/ 

82% 

M6 

M6 

M6 

M6 

AB Sat SA 

Sport + 

TF1 

OL Images 

OM-TV 

Onzeo 

Paris Première SA 

M6 Boutique la 
chaîne 

EX 

EX 

EX 

EX 

EX 

EX 

M6 Music 
Black 

55% 

56% 

44% 

38% 

92% 

62% 

M6 Music Hits 66% 

67% 

56% 

43% 

78% 

92% 

M6 Music 
Rock 

Musique 
Classique 

72% 

76% 

54% 

60% 

88% 

74% 

100% 

100% 

97% 

76% 

93% 

2% 

NBA + 

EX 

EX 

EX 

EX 

EX 

EX 

Odyssée 

91% 

91% 

80% 

63% 

86% 

88% 

OL TV 

OM TV 

Onzeo 

Paris 
Première32 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

76% 

72% 

74% 

67% 

42% 

52% 

PINK TV 

Pink TV 

65% 

NC 

61% 

NC 

54% 

NC 

TPS Jeunesse 

Piwi 

75% 

72% 

75% 

72% 

58% 

47% 

32 

Idem. 

EN 

81 

   EN 

                                                 
Canal + 

Canal + 

Canal + 

Planète33 

67% 

74% 

58% 

67% 

58% 

78% 

Planète Choc  72% 

60% 

41% 

58% 

73% 

40% 

Planète 
Thalassa 

99% 

93% 

34% 

47% 

43% 

31% 

Disney Channel France 
SA 

Playhouse 
Disney 

58% 

70% 

53% 

66% 

76% 

45% 

Multithématiques 

Seasons 

99% 

99% 

53% 

81% 

91% 

89% 

Série Club 

54% 

58% 

18% 

21% 

30% 

20% 

Tchatche TV 

Tchatche TV  46% 

Sport + 

EX 

EX 

NC 

EX 

0% 

EX 

NC 

EX 

0% 

EX 

NC 

TF1/M6 

Sport + 

Senior Communications  Télé Mélody 

55% 

83% 

55% 

83% 

16% 

0% 

TPS Jeunesse 

Télétoon/ 
Télétoon +1 

68% 

67% 

68% 

67% 

72% 

64% 

Sedi TV SAS 

Téva 

59% 

63% 

38% 

44% 

58% 

26% 

Assemblée permanente 
des chambres 
d’agriculture 

Terre d’infos 
TV 

EX 

EX 

EX 

EX 

EX 

EX 

TF6 

TFJ 

TF1 

TF634 

TFJ 

50% 

50% 

14% 

9% 

28% 

23% 

NC 

NC 

NC 

NC 

NC 

NC 

TFOU 

54% 

53% 

54% 

49% 

40% 

40% 

Lagardère 

Tiji 

74% 

74% 

66% 

67% 

37% 

35% 

Disney Channel France 
SA 

Toon Disney 

52% 

54% 

52% 

53% 

83% 

57% 

AB Sat SA 

Toute 
l’Histoire 

83% 

81% 

78% 

73% 

33% 

27% 

TPS 

TPS Foot 

EX 

EX 

EX 

EX 

EX 

EX 

33 
34 

Idem. 
Idem. 

EN 

82 

   EN 

                                                 
Trace TV 

Trace TV 

52% 

52% 

50% 

47% 

93% 

73% 

NBC Universal 

13ème Rue 

59% 

59% 

49% 

57% 

50% 

57% 

WIAM (Wireless and 
internet Afromedia) 

3A Télésud 

NC 

NC 

NC 

NC 

NC 

NC 

TF1 

TV5 

TV Breizh 

55% 

60% 

40% 

31% 

21% 

35% 

TV5 

81% 

91% 

30% 

58% 

NC 

NC 

123 Multimédia 

123 sat 

NO 

NO 

NO 

NO 

NO 

NO 

TF1 

Fox 

AB Sat SA 

Association télévision 
d’action pour la liberté 
d’expression 
audiovisuelle 

Ushuaïa TV 

86% 

83% 

42% 

36% 

51% 

46% 

Voyage 

75% 

86% 

71% 

35% 

83% 

78% 

XXL 

Zaléa 

58% 

68% 

NC 

66% 

NC 

60% 

NO 

NO 

NO 

NO 

NO 

NO 

AB Sat SA 

Zik 

91% 

96% 

91% 

96% 

100% 

100% 

Multithématiques 

Ciné Cinéma 
Info 

72% 

86% 

40% 

17% 

100% 

100% 

AB Sat SA 

Action 

62% 

66% 

52% 

65% 

2% 

3% 

AB Sat SA 

CINE FX 

69% 

71% 

69% 

68% 

2% 

1% 

AB Sat SA 

CINE Polar 

68% 

72% 

64% 

69% 

3% 

1% 

Multithématiques 

Multithématiques 

Multithématiques 

Multithématiques 

Multithématiques 

Ciné Cinéma 
Auteur 

Ciné Cinéma 
Classic 

Ciné Cinéma 
Emotion 

Ciné Cinéma 
Famiz 

Ciné Cinéma 
Frisson 

52% 

64% 

51% 

46% 

33% 

30% 

60% 

61% 

41% 

42% 

25% 

28% 

65% 

55% 

47% 

39% 

31% 

46% 

50% 

55% 

36% 

39% 

9% 

28% 

57% 

57% 

38% 

42% 

45% 

43% 

EN 

83 

   EN 

Multithématiques 

Ciné Cinéma 
Premier 

53% 

52% 

39% 

36% 

50% 

52% 

TPS 

TPS 

TPS 

TPS 

TPS 

TPS 

TPS 

TPS 

TPS 

TPS Star35 

63% 

57% 

NC 

NC 

60% 

65% 

TPS Cinéstar  62% 

56% 

NC 

NC 

68% 

61% 

TPS 
Homecinema 

64% 

56% 

NC 

NC 

63% 

61% 

TPS Cinéculte  71% 

70% 

NC 

NC 

67% 

65% 

TPS 
Cinextreme 

TPS 
Cinéfamily 

53% 

66% 

NC 

NC 

17% 

34% 

71% 

69% 

NC 

NC 

54% 

55% 

TPS Cinetoile  69% 

70% 

NC 

NC 

42% 

39% 

TPS 
Cinecomedy 

72% 

77% 

NC 

NC 

62% 

59% 

TPS Cineclub  71% 

73% 

NC 

NC 

54% 

43% 

Groupe Canal 

Kiosque/Cine+ 62% 

66% 

NC 

NC 

100% 

100% 

TPS 

Multivision 

66% 

69% 

NC 

NC 

90% 

87% 

Compliance rate (IND 3/5) 

93% 

94% 

77% 

76% 

Average % (IND 2/4/6) 

70.81% 

73.30% 

53.64% 52.38%  59.34%  56.80%

* The percentage of independent productions is calculated on the basis of channel revenues 
(previous  year’s  turnover),  in  accordance  with  French  legislation,  and  not  on  the  basis  of 
programming  budgets  —  which  is  the  case,  however,  for  the  remaining  cable  and  satellite 
channels. The data for the former channels are not comparable with the data for the latter and 
thus have not been counted in the average. 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

‘Tchatche  TV’  failed  to  achieve  a  majority  proportion  of  European  works.  This  channel, 
dedicated to clips and short programmes produced in-house, stopped broadcasting on 31 May 
2007. 

35 

Idem. 

EN 

84 

   EN 

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

In  several  cases,  the  proportions  of  European  works  created  by  independent  producers  fell 
short of the 10% minimum stipulated in the Directive.  

It should be noted that for digital terrestrial channels (unlike with cable and satellite channels, 
for which data are calculated on the basis of their programming budget in conformity with the 
Directive), the percentages given were calculated, in accordance with the French rules, on the 
basis  of  their  previous  year’s  turnover  (a  much  larger  base  than  that  specified  by  the 
Directive).  For  this  reason,  the  percentages  are  automatically  lower  than  if  they  were 
calculated on the basis of programming budget. Thus, falling short of the 10% minimum does 
not imply non-compliance with the Directive in these cases. 

W9 and TMC (for 2005): these channels fall under the category just described. Furthermore, 
as a new music channel on the digital terrestrial platform, W9 has a 5-year phasing-in period 
before it is required to comply with the national regulatory obligations. 

AB1:  the  change  in  economic  model  brought  about  by  the  transition  from  cable-satellite 
broadcasting to digital terrestrial broadcasting in 2006 and the additional costs resulting from 
this have meant that the channel gives priority to programmes from its distribution subsidiary. 

TF6: change in economic model (from cable-satellite to digital terrestrial in 2006). 

Berbère TV: community channel whose programming consists of in-house productions. 

Demain: public service channel consisting of news  and  magazine  programmes produced in-
house. 

Game One: channel dedicated to video games and new technologies, consisting of magazine 
programmes produced in-house. 

Tchatche TV (see section 1): no longer broadcasting. 

B) Measures taken or envisaged by the Member State 

Several channels have not communicated their figures to the Council (CSA). 

- Astro Center: channel dedicated to fortune telling, does not broadcast audiovisual works. 

- TFJ: community channel, stopped broadcasting in November 2006. 

The  CSA  has  sent  warning  letters  to  two  services,  Beur  TV  and  3A  Télésud,  for  non-
communication of their figures. 

EN 

85 

   EN 

IRELAND 

Number of channels 

Reference period Monitoring method 

Total identified: 14 

2005/2006 

Covered (IND 1): 4 (2005); 5 (2006)

Quantitative analysis of schedule period 
conducted by regulator  
(Broadcasting Commission of Ireland) 

IE 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

RTÉ  

RTÉ  

RTÉ One 

60% 

59% 

23% 

23% 

23% 

23% 

RTÉ Two 

40% 

43% 

18% 

17% 

18% 

17% 

Teilifís na Gaeilge 

TG4 

61% 

63% 

52% 

55% 

55% 

57% 

TV3 

Channel 6 

NASN 

N ASN 2 

Setanta PPV 1 

Setanta PPV 2 

Setanta Sports 

Setanta North America 

City Channel 1 

City Channel 2 

City Channel 3 

48% 

47% 

13% 

14% 

18% 

16% 

NO 

64% 

NO 

63% 

NO 

11% 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

50% 

60% 

100% 

100% 

Average % (IND 2/4/6) 

52.25%  55.20%  26.50%  34.40%  28.50%  24.80% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

TV3: 

EN 

86 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
 
For  the  reasons  outlined  below,  it  was  not  practical  for  TV3  to  meet  the  European  works 
quota when news and sports programming is excluded from the total qualifying time in 2005 
and 2006. 

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

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

The situation is reviewed on an annual basis with the broadcaster. The broadcaster has made 
progress in increasing its percentage from 45% (2003) to 48%. The broadcaster is just below 
the 50% requirement and compliance with the requirement remains the objective.  

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

Not applicable.  

B) Measures taken or envisaged by the Member State 

The  regulator  is  engaged  in  ongoing  discussions  with  the  broadcaster  TV3  on  compliance 
with  the  European  works  requirements.  Compliance  is  reviewed  and  reported  on  by  the 
broadcaster on an annual basis.  

C) Further comments 

Nine  of  the  channels  identified  are  specialist  services  and  are  exceptionally  exempted  from 
the requirements of Articles 4 and 5. 

•  Six  of  the  channels,  NASN  1  and  2  (North  American  Sports  Network),  Setanta  North 

America, Setanta Pay Per View 1 and 2, are exclusively sports services.  

•  Three  of  the  channels,  City  Channel  1-3,  are  targeted  at  local  audiences  in  the  Dublin, 

Waterford and Galway areas and do not form part of a national network.  

EN 

87 

   EN 

ITALY 

Number of channels 

Reference period  Monitoring method 

Total identified: 141 

2005/2006 

Self-reporting by broadcasters 

Covered (IND1): 109 (2005); 133 

(2006) 

and content providers 

It 

Ms 

EW (%TQT) 

IP (%TQT) 

RW (%EW)36 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Rai Spa 

Rai Spa 

Rai Spa 

Raisat 

Raisat 

Raisat 

Raisat 

Raisat 

Raisat 

Raisat 

Rai 1 

Rai 2 

Rai 3 

76.40 

79.20 

25.70 

26.02 

68.90 

71.48 

65.10 

58.01 

26.20 

14.60 

67.80 

79.79 

65.10 

65.37 

26.10 

23.79 

68.00 

69.84 

Gambero Rosso  93.10 

91.14 

0.00 

0.00 

91.10 

96.44 

Raisat Ragazzi 

77.50 

95.38 

0.00 

0.00 

76.90 

69.69 

Raisat Smash 

NO 

85.97 

NO 

0.00 

NO 

88.77 

Raisat Yoyo 

NO 

80.51 

NO 

0.00 

NO 

71.95 

Raisat Cinema 

68.60 

61.76 

0.00 

0.00 

42.40 

35.53 

Raisat Premium  92.50 

91.51 

0.00 

0.00 

56.50 

53.37 

Raisat Extra 

80.20 

81.32 

0.00 

0.00 

96.00 

99.86 

R.T.I. Spa 

Canale 5 

71.10 

71.53 

12.30 

12.37 

91.40 

90.81 

R.T.I. Spa 

Italia 1 

37.70 

37.52 

10.30 

12.03 

71.10 

72.52 

R.T.I. Spa 

Media Shopping  EX 

EX 

EX 

EX 

EX 

EX 

R.T.I. Spa 

Retequattro 

57.40 

61.55 

14.80 

20.42 

65.50 

58.07 

R.T.I. Spa 

Duel 

29.70 

NC 

12.60 

 NC 

47.50 

NC 

R.T.I. Spa 

Happy Channel  87.90 

NC 

48.60 

NC 

42.10 

NC 

R.T.I. Spa 

It Italian Teen Tv 53.80 

NC 

28.70 

NC 

84.90 

NC 

36 

The  ratio  of  recent  works  is  calculated  as  a  percentage  of  all  European  works  (%EW)  and  not  as  a 
percentage of independent works (%IP). 

EN 

88 

   EN 

 
                                                 
R.T.I. Spa 

Mt Channel 

86.60 

NC 

74.00 

NC 

91.60 

NC 

Sky Italia Srl 

Sky Cinema Hd  NO 

16.62 

NO 

0.57 

NO 

70.23 

Sky Italia Srl 

Sky Cinema 
Mobile 

NO 

65.41 

NO 

42.41 

NO 

51.79 

Sky Italia Srl 

Sky Cine Shots  NO 

100.00  NO 

0.00 

NO 

100.00 

Sky Italia Srl 

Sky Sport Hd 

NO 

99.62 

NO 

0.00 

NO 

100.00 

Sky Italia Srl 

Sky Sport Mobile NO 

90.47 

NO 

0.00 

NO 

100.00 

Sky Italia Srl 

Sky Vivo Mobile NO 

57.05 

NO 

0.00 

NO 

93.96 

Sky Italia Srl 

Sky Show 

NO 

90.85 

NO 

0.00 

NO 

99.06 

Sky Italia Srl 

Sky Show Mobile NO 

100.00  NO 

0.00 

NO 

100.00 

Sky Italia Srl 

Sky Sport 24 

NO 

0.00 

NO 

0.00 

NO 

0.00 

Sky Italia Srl 

Calcio Sky 

99.90 

99.86 

0.00 

0.00 

0.00 

100.00 

Sky Italia Srl 

Diretta Gol 

99.80 

99.75 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky + Sky 112 

92.40 

NO 

0.50 

NO 

98.30 

NO 

Sky Italia Srl 

Sky 109 + Sky 
Vivo 

62.10 

65.11 

0.80 

0.00 

97.80 

99.78 

Sky Italia Srl 

Sky Assist 

100.00 

100.00 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky Cinema 1 

43.80 

41.33 

6.40 

10.32 

98.80 

97.32 

Sky Italia Srl 

Sky Cinema 16:9 44.40 

40.58 

8.30 

9.39 

94.20 

85.37 

Sky Italia Srl 

Sky Cinema 2 

43.90 

41.30 

6.40 

10.42 

98.80 

97.40 

Sky Italia Srl 

Sky Cinema 3 

42.40 

37.92 

7.50 

7.33 

90.30 

86.61 

Sky Italia Srl 

Sky Italia Srl 

Sky Cinema 
Autore 

Sky Cinema 
Classics 

55.50 

59.79 

15.90 

24.08 

83.90 

77.29 

68.30 

60.95 

22.50 

26.34 

18.30 

22.85 

Sky Italia Srl 

Sky Cinema Max 34.80 

34.16 

6.10 

3.81 

75.10 

75.62 

Sky Italia Srl 

Sky Meteo 24 

99.90 

99.96 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky On Air 

100.00 

100.00 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky Primafila 

100.00 

100.00 

0.00 

0.00 

100.00 

100.00 

EN 

89 

   EN 

Sky Italia Srl 

Sky Sport 

97.10 

99.12 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky Sport 1 

97.60 

99.86 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky Sport 2 

75.70 

77.31 

0.00 

0.00 

100.00 

99.27 

Sky Italia Srl 

Sky Sport 3 

93.90 

97.52 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky Sport Extra  90.00 

93.52 

0.00 

0.00 

100.00 

100.00 

Sky Italia Srl 

Sky Tg 24 

99.80 

99.81 

0.00 

0.45 

100.00 

100.00 

Telecom Italia Media 
Spa 

La7 

55.00 

56.96 

16.50 

19.91 

80.00 

79.50 

Telecom Italia Media 
Spa 

La7 Sport 

91.00 

99.52 

5.00 

15.89 

100.00 

100.00 

Mtv Italia S.R.L. 

Mtv Brand:New  79.00 

83.36 

24.80 

20.94 

98.50 

98.66 

Mtv Italia S.R.L. 

Mtv Hits 

83.30 

87.83 

19.90 

19.61 

99.00 

99.50 

Mtv Italia S.R.L. 

Mtv Italia 

73.30 

70.45 

20.20 

19.93 

99.00 

99.12 

Telecom Italia Media 
Broadcasting Srl 

Qoob 

NO 

57.26 

NO 

53.24 

NO 

97.39 

Canali Digitali 

Planet 

66.90 

74.18 

11.50 

0.00 

77.10 

87.10 

Sailing Channel Spa 

Sailing Channel  96.10 

85.26 

13.90 

0.00 

94.60 

95.30 

Sailing Channel Spa 

Sailing Channel 
(2nd Version) 

NO 

100.00  NO 

0.00 

NO 

100.00 

Seasons Srl 

Caccia E Pesca 

85.00 

85.78 

14.60 

0.00 

81.30 

85.46 

Seasons Srl 

Jimmy 

34.00 

43.79 

13.70 

0.00 

73.70 

73.45 

Elemedia S.P.A. 

Deejay Tv 

53.10 

66.08 

38.60 

29.23 

99.90 

99.52 

Elemedia S.P.A. 

Music On Sky  NO 

59.99 

NO 

15.01 

NO 

50.02 

Rete A Spa 

Rete A  

85.00 

83.47 

63.70 

41.46 

60.00 

100.00 

Eurocast Italia 

Polonia 1 

100.00 

88.02 

0.00 

0.00 

43.82 

52.67 

Eurocast Italia 

Tele 5 

100.00 

298.00 

0.00 

0.00 

40.00 

398.00 

Eurocast Italia 

Top Shop 

EX 

EX 

EX 

EX 

EX 

EX 

Fox International 
Channels Italy Srl 

A1 

51.90 

54.82 

25.00 

31.00 

98.80 

91.25 

EN 

90 

   EN 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Cult 

Fox 

87.40 

63.95 

50.00 

49.00 

60.60 

62.79 

21.70 

22.65 

7.00 

6.00 

75.30 

68.86 

Foxcrime 

31.50 

30.49 

6.00 

4.00 

86.90 

78.60 

Foxlife 

42.80 

37.51 

18.00 

14.00 

91.80 

86.94 

Fox International 
Channels Italy Srl 

FOXLIFE (2nd 
Version) 

38.50 

64.96 

8.00 

18.00 

95.30 

90.94 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fox International 
Channels Italy Srl 

Fx 

NO 

48.51 

NO 

6.00 

NO 

70.08 

54.60 

58.32 

24.00 

32.00 

96.90 

84.43 

NO 

57.26 

NO 

42.00 

NO 

88.96 

41.80 

48.86 

32.00 

38.00 

96.40 

84.31 

50.50 

44.88 

43.00 

35.00 

91.80 

88.10 

54.60 

58.27 

23.00 

32.00 

96.90 

84.44 

NO 

51.24 

NO 

34.00 

NO 

89.15 

NO 

51.82 

NO 

41.00 

NO 

100.00 

National 
Geographic 
Channel 

National 
Geographic 
Channel (4th 
Version) 

National 
Geographic 
Channel (2nd 
Version) 

National 
Geographic 
Channel (3rd 
Version) 

National 
Geographic 
Channel +1 

National 
Geographic 
Channel Hd 

National 
Geographic 
Channel HD (2nd 
Version) 

Next HD 

NO 

29.69 

NO 

13.00 

NO 

92.90 

EN 

91 

   EN 

Fox International 
Channels Italy Srl 

The History 
Channel 

Fox International 
Channels Italy Srl 

The History 
Channel +1 

53.90 

58.45 

27.00 

39.00 

83.30 

75.70 

53.90 

58.47 

23.00 

39.00 

83.40 

75.67 

Alice Spa 

Alice 

100.00 

100.00 

9.50 

10.29 

100.00 

100.00 

Leonardo Spa 

Leonardo 

100.00 

100.00 

15.00 

12.99 

100.00 

100.00 

Marcopolo S.p.a. 

Marcopolo 

100.00 

76.12 

12.00 

15.04 

97.40 

100.00 

Sitcom Srl 

Sitcom Uno 

NO 

52.58 

NO 

12.32 

NO 

100.00 

Nuvolari Srl 

Nuvolari 

100.00 

98.61 

11.00 

10.87 

100.00 

100.00 

Nuova Franciacorta 

Rtb International  79.00 

44.84 

23.90 

11.85 

69.80 

55.40 

Nuova Franciacorta 

Retebrescia 

69.20 

43.94 

21.90 

10.08 

68.40 

51.97 

Rete 7 Spa 

E’tv Marche 

NC 

0.00 

NC 

0.00 

NC 

0.00 

Rete 7 Spa 

E’tv Rete 7 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Radio Italia Spa 

Playlist Italia 

100.00  NC 

0.00 

NC 

0.00 

NC 

Radio Italia Spa 

Radio Italia Tv 

100.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Radio Italia Spa 

Video Italia 

100.00 

100.00 

0.00 

0.00 

0.00 

0.00 

Editoriale Tv Srl 

La 8 

90.00 

NC 

45.00 

NC 

94.70 

NC 

Editoriale Tv Srl 

Magic  

60.00 

NC 

21.00 

NC 

100.00  NC 

Editoriale Tv Srl 

Sat 8 

90.00 

NC 

45.00 

NC 

4.90 

NC 

Telestudio Modena Srl  Studio Europa 

100.00 

100.00 

0.00 

0.00 

100.00 

0.00 

Telestudio Modena Srl  Telestudio 

100.00 

100.00 

0.00 

0.00 

100.00 

0.00 

Modena 

Piu’ Uno International 
Spa 

Auto Club 
Channel 

Piu’ Uno International 
Spa 

Expo Club 
Channal  

NO 

100.00  NO 

30.92 

NO 

0.00 

NO 

100.00  NO 

31.00 

NO 

0.00 

24 Ore Television 
S.p.a. 

Agenzia Siciliana 
Informazione 

Ventiquattrore.Tv 50.50 

NC 

100.00  NC 

100.00  NC 

Sicilia Channel  0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Canale 9 Di Teleoggi  Canale 9 

NO 

NO 

NO 

NO 

NO 

NO 

EN 

92 

   EN 

Class Cnbc Spa 

Class Cnbc 

100.00 

100.00 

0.00 

0.00 

100.00 

100.00 

Costanza Magna Srl  Gbr 

31.00 

25.05 

14.00 

8.07 

0.00 

0.00 

Delta Tv Spa 

Delta Tv 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Edizioni Tagliamonte   Napoli Nova 

Eurotelevision S.P.A.  Telegenova 

EX 

NC 

EX 

EX 

EX 

EX 

EX 

0.00 

NC 

0.00 

NC 

0.00 

Il Denaro Tv Srl 

Denaro Tv 

100.00 

100.00 

49.00 

44.21 

100.00 

98.77 

Incremento Finanziario 
Srl 

Incremento 
Finanziario 

NO 

0.00 

NO 

0.00 

NO 

0.00 

Informazione Libera  Libera 

30.50 

31.06 

30.50 

31.06 

100.00 

100.00 

Italiani Nel Mondo 
Radio e Tv S.r.l. 

Italiani Nel 
Mondo Channel 

100.00 

45.01 

14.00 

14.99 

39.50 

87.84 

Jet S.r.l. 

Studio 100 Tv 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

La 9 S.p.a. 

La 9 

0.00 

51.11 

0.00 

11.11 

0.00 

51.30 

L’antenna Srl 

L’antenna Srl-
Oasi Tv 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Match Music Srl 

Match Music  

0.00 

0.00 

30.00 

0.00 

0.00 

0.00 

Mediolanum 
Comunicazione S.P.A. 

Mediolanum 
Channel 

100.00 

110.52 

0.00 

5.71 

100.00 

100.00 

NBC Universal Global 
Networks Italia S.r.l. 

Studio Universal  21.70 

20.94 

11.00 

12.00 

44.80 

47.23 

Nessunotv S.P.A. 

La Tv di Nessuno 52.00 

62.52 

52.00 

50.96 

100.00 

81.51 

Oranet 

Roma Sat 

NO 

0.00 

NO 

0.00 

NO 

0.00 

Milan Channel S.R.L.  Milan Channel 

50.00 

100.00 

0.00 

9.60 

100.00 

95.00 

Relive 

Key Tv 

0.00 

NC 

0.00 

NC 

0.00 

NC 

Rete Blu  

Sat 2000 

54.00 

60.07 

31.70 

34.01 

54.00 

55.32 

Rete Oro Srl 

Rete Oro 

3.00 

8.00 

0.00 

1.00 

0.00 

8.00 

Rock Tv Srl 

Rock Tv 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

RTL 102 500 Hit Radio 
S.r.l. 

102.5 Hit 
Channel 

63.00 

62.98 

63.00 

62.98 

0.00 

0.00 

Sardegna Tv Srl 

Sardegna Uno Tv 57.00 

55.00 

0.00 

0.00 

0.00 

0.00 

EN 

93 

   EN 

Sardinia Channel Spa  Sardinia Channel 0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

So.Pro.Di.Mec. Spa 

Telelibera 63 

0.00 

0.00 

0.00 

2.00 

0.00 

0.00 

Starline S.P.A. 

Starsat 

Tele A Di Abbaneo 
Alfredo Spa 

Telesud 

EX 

NO 

EX 

EX 

EX 

EX 

EX 

0.00 

NO 

0.00 

NO 

0.00 

Telegestioni Wwc Srl  Tv7 Lombardia  EX 

EX 

EX 

EX 

EX 

EX 

Telelombardia Spa 

Telelombardia 
Sat 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Teleradiodiffusione 
Bergamasche Srl 

Television 
Broadcasting System 

Bergamo Tv 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Retecapri 

NC 

7.42 

NC 

2.43 

NC 

100.00 

Trinity Broadcasting 
Network Of Europe Srl 

Tbne 

39.50 

50.55 

0.00 

0.00 

100.00 

78.05 

Video Mediterraneo Srl Mediterraneo Sat  100.00 

100.00 

9.00 

10.64 

76.00 

74.36 

Videofirenze  

Videofirenze 

0.00 

0.00 

10.00 

10.00 

0.00 

0.00 

Videomedia Spa 

Tva Vicenza 

0.00 

77.00 

0.00 

10.21 

0.00 

0.34 

Fastweb  

Fastweb 
Channels 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance Rate (IND 3/5) 

68% 

61% 

47% 

41% 

Average % (IND 2/4/6) 

61.41 

60.91 

14.16 

11.54 

65.76 

67.71 

A) Reasons given by the Member State for failure to achieve the proportions 

In 2005 and 2006, some Italian broadcasters/content providers failed to meet the scheduling 
percentages required by the Directive.  

The  broadcasting  market  in  Italy  is  changing  rapidly:  new  content  distribution  technologies 
are emerging and the number of channels is increasing (this report includes for the first time 4 
channels  operating  only  using  digital  terrestrial  frequencies  and  4  channels  operating  on 
DVB-H  frequencies),  but  many  small  traditional  broadcasters  are  struggling  to  remain  in 
business.  Many  of  them  are  often  obliged  to  reduce  personnel  and,  at  times,  even  to  stop 
broadcasting.  

During  the  period  covered  by  this  report,  AGCOM  received  quite  a  number  of  self-reports 
where  all  reported  figures  for  European  works  (EW),  works  of  independent  producers  (IP) 
and recent works (RW) were ‘0’. Furthermore, the number of channels for which no data at 

EN 

94 

   EN 

  
  
 
investigating 

all  were  communicated  rose  from  3  in  2005  to  15  in  2006.  Since  the  beginning  of  2007 
to  prompt 
AGCOM  has  started 
broadcasters/content providers to provide the data correctly. It is interesting to note that those 
channels with higher audiences normally comply with the Directive’s obligations while those 
breaching  the  provisions  are  usually  minor  satellite  channels.  For  those  channels,  most 
infringements appear to relate to independent works.  

the  causes  and  adopting  measures 

The main reasons for this situation are: 
(1) The lack of information on the regulatory framework imposing the obligation to promote 
European works and works produced by independent operators, and 
(2) the problems in the implementation of the reporting procedure used by AGCOM, called 
the  ‘Informativa  Economica  di  Sistema’  (IES):  to  monitor  their  compliance  with  the 
obligations  regarding  European  works,  Italian  channels  are  obliged  to  provide  their  data  on 
the  programme  schedule  and  the  required  proportions  using  the  tools  and  procedures  of  the 
‘auto-certificazione’  (self-certification)  system  implemented  by  the  Italian  government.  In 
order  to  simplify  the  self-certification  procedure,  from  2001  AGCOM  has  provided  some 
specific forms as part of the IES, which broadcasters and content providers are obliged to fill 
in and submit every year by the end of July.37  

Obviously, as these data are gathered from self-reports, AGCOM verifies their reliability by 
checking samples. As from 2003, all operators are obliged to send their IES reports via a web-
based  platform  and  a  server,  which  requires  an  internet  connection.  Since  this  new 
communication channel between AGCOM and the operators relies on a web connection, some 
broadcasters  and  content  providers  are  still  experiencing  problems  in  sending  the  required 
data. As it seems that the data regarding some broadcasters and a few content providers are 
missing, AGCOM is evaluating whether this is due to connection problems with the server or 
to the broadcaster’s negligence. In the case of the latter, the broadcaster/content provider will 
be sanctioned.  

B) Measures taken or envisaged by the Member State 

All  missing  or  incomplete  data  from  the  broadcasters/content  providers  and  all  failures  to 
comply  with  Articles  4  and  5  of  the  Directive  in  2003-2004  have  been  investigated  and 
sanctioned where necessary.  

During  the  period  covered  by  this  report,  the  reason  why  the  satellite  broadcasters/content 
providers were reporting ‘0’ hours dedicated to works by independent producers was the lack 
of information regarding the new Broadcasting Act that entered into force at the beginning of 
2005. AGCOM sent a letter to each broadcaster/content provider that had reported ‘0’. Some 
broadcasters reacted and provided the correct figures promptly. Others (the majority) did not. 
The  table  sent  to  the  Commission  was  drafted  in  September  2007,  after  receiving  the  new 
figures from broadcasters/content providers. 

In  October  2007,  therefore,  after  receiving  the  updated  information  for  the  year  2006, 
AGCOM  started  infringement  proceedings  against  those  channels  and  broadcasters/content 
providers who appeared to have breached their programming and/or investment obligations.  

37 

Under Article 1(28) of Law No 650 of 23 December 1996 and Article 1(3) of AGCOM Decision No 
129/02/CONS. 

EN 

95 

   EN 

                                                 
The following tables summarise the figures on infringements of programming and investment 
obligations38:  

Type of infringement 

EW 

RW 

IP 

Year 2005, daily programming schedule  

Year 2005, peak time  

Total 2005 

Year 2006, daily programming schedule  

Year 2006, peak time  

Total 2006 

Total 

20 

26 

46 

24 

26 

50 

96 

23 

19 

42 

26 

26 

52 

94 

55 

53 

108 

76 

69 

145 

253 

Total 
number of 
infringement
s 

98 

98 

196 

126 

121 

247 

443 

Year 

Investment in EW 

Investment in 
European films 

Total 
infringements 

2005  

2006 

Total 

13 

20 

33 

20 

26 

46 

33 

46 

79 

Around 86 infringement proceedings were opened by AGCOM, each concerning on average 
2-4 infringements of the obligation to promote European/independent works. 

After  receiving  a  formal  letter  from  AGCOM,  nearly  90%  of  the  broadcasters/content 
providers  (who  had  not  reacted  previously)  stated  that  they  simply  ignored  the  rules  on  the 
promotion  of  European  and  independent  works  and  that,  although  several  hours  of  their 
transmission  time  were  devoted  to  such  works,  they  had  reported  ‘0’  simply  because  they 
thought  the  forms  and  the  rules  did  not  apply  to  them.  AGCOM  promptly  started  its 
investigations,  which  in  many  cases  are  still  pending,  but  the  first  impression  is  that  the 
broadcasters/content  providers  have  complied  with 
to  promote 
European/independent works even though they had reported ‘0’. Only a few appear to have 
actually  failed  to  meet  their  obligations,  and  they  have  been  (or  will  be  shortly)  sanctioned 
accordingly.  

the  obligation 

•  At  the  moment,  AGCOM  has  already  sanctioned  9  channels  and  is  completing 
infringement  proceedings  against  almost  30  channels  that  seem  to  have  breached  their 
obligation to promote European/independent works. 

Of course, the infringement proceedings do not apply to: 

38 

In  Italy  the  regulatory  framework  on  the  promotion  of  European  works  and  works  from  independent 
producers is much stricter than in other countries and includes a vast number of rules. See section C for 
additional details. 

EN 

96 

   EN 

 
 
                                                 
•  those broadcasters/content providers which did not broadcast at all during the whole year 

(indicated as ‘NO’: Non-operational); 

•  those  broadcasters/content  providers  which  broadcast  only  works  not  covered  by  the 
obligations (news, sports events, games, advertising, teletext services or teleshopping); 
•  those  broadcasters/content  providers  which,  while  not  complying  with  the  obligation  to 
reserve  50%  of  their  scheduling  time  for  European  works,  have  nonetheless  broadcast  a 
percentage of European works higher than 43%;39 

•  those  channels  which  have  failed  to  meet  the  minimum  requirements  but  are  part  of  a 
group  of  channels  controlled  by  a  single  company/person.  In  this  case,  Italian  legislation 
obliges  AGCOM  to  consider  only  the  full  broadcasting  schedule  of  all  the  channels 
belonging  to  the  same  group  (provided  that  each  channel  reserves  for  European  works  a 
minimum quota of 20% of its transmission time), and not that of a single channel.40  

•  C) Further comments 

Since the last report on the compliance by broadcasters with the obligations under Articles 4 
and  5  of  the  Directive,  the  rules  governing  broadcasters’  obligations  in  Italy  have  changed 
radically.  Article  2  of  the  Law  No  122  of  30  April  1998  has  been  repealed  by  Legislative 
Decree  No  177  of  31  July  2005  (the  ‘2005  Broadcasting  Code’),  which  gathers  together  all 
the existing provisions in the broadcasting sector. 

The  following  paragraphs  summarise  the  main  obligations  for  broadcasters  and  content 
providers under Articles 6 and 44 of the 2005 Broadcasting Code: 
•  scheduling obligations — all national broadcasters and content providers41 must — where 
practicable  —  reserve  more  than  50%  of  their  monthly  transmission  time  for  European 
works, excluding time devoted to news, sports events, games, advertising, teletext services, 
talk shows and teleshopping. The same provisions apply to peak viewing times; 

•  at least 50% of this percentage must be made up of recent works (produced in the past five 

years); 

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

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

39 

40 

41 

In accordance with Article 2(3) of the Italian Quotas Regulation mentioned in section C, in the event of 
a shortfall of up to 7% as regards the obligation to reserve 50% of scheduling time for European works 
broadcasters are only obliged to provide reasons for their failure to meet the obligation. These reasons 
cannot be investigated by AGCOM, and it cannot apply any sanction. 
In accordance with Article 2(4) of the Quotas Regulation, a channel reserving percentages smaller than 
the required proportions for European works, works by independent producers or recent works may not 
be sanctioned if it belongs to a group of channels controlled by a single company or person, provided 
that the entire broadcasting schedule (subject to a minimum quota of 20% for each channel) for all the 
channels of this group meets the requirements. 
The extension of this obligation to content providers is one of the main innovations of the Broadcasting 
Code. 

EN 

97 

   EN 

                                                 
In addition to the Broadcasting Code, the regulation on the promotion of the distribution and 
production  of  European  works  (the  ‘Quotas  Regulation’)  adopted  by  AGCOM  with  its 
Decision  No  9/99  of  16  March  1999  is  still  in  force.  Its  most  important  provisions  are  as 
follows:  
•  Article 2(3) introduces the obligation to provide specific reasons for any shortfalls in the 
minimum  proportions  set  for  European  works.  The  AGCOM  may  not  investigate  such 
reasons if the shortfalls do not exceed 7% of these proportions; 

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

The  issue  concerning  the  limited  application  of  the  rules  concerning  works  by  independent 
producers  to  only  analogue  terrestrial  broadcasters  was  thus  apparently  resolved  in  2005  by 
the  Broadcasting  Code,  which  extended  the  obligation  regarding  independent  works  to  all 
content providers.  

Most  recently,  Law  244/2007  and  Law  31/2008  amended  the  Broadcasting  Code  to  change 
yet  again  the  provisions  regarding  the  promotion  of  European  and  independent  works.  The 
new obligations are summarised below: 
•  all  national  broadcasters  and  content  providers  must  reserve  more  than  50%  of  their 
transmission  time  for  European  works,  excluding  time  devoted  to  news,  sports  events, 
games,  advertising,  teletext  services,  talk  shows  and  teleshopping.  The  same  provisions 
apply to peak viewing times; 

•  at  least  10%  of  the  transmission  times  of  each  broadcaster  and  content  provider  must  be 
reserved  for  recent  European  works  (produced  in  the  past  five  years),  and  20%  of  this 
percentage  should  be  reserved  for  cinema  films  made  in  the  Italian  language.  The  public 
service broadcaster must reserve 20% of its transmission time for recent European works; 
•  each  broadcaster/content  provider  must  reserve  at  least  10%  (15%  for  the  public  service 
broadcaster) of its revenues for European works created by producers who are independent 
of broadcasters. Within this quota, the free-to-air channels must devote a share of 30% to 
cinema  films  made  in  Italian,  while  the  pay-tv  channels  must  reserve  a  share  of  35%  to 
works made in Italian; 

•  the provisions of the AGCOM Quotas Regulation remain valid. 

The new framework therefore replaces the obligation to reserve at least 10% of broadcasting 
time for European works produced by independent producers with the obligation to invest at 
least  10%  of  revenues  in  such  works,  in  line  with  Article  5  of  the  Directive.  Starting  from 
2008, therefore, AGCOM will fill in columns 2 and 3 of the table published above only for 
statistical purposes. 

Finally,  it  must  be  noted  that  the  new  framework  does  not  explicitly  mention  recent  works 
created by producers who are independent of broadcasters: as already stated in the previous 
reports to the Commission, the obligation to reserve part of transmission time for recent works 
is applied in Italy to all European works and not to works by independent producers. In order 
to  make  the  Italian  framework  fully  compatible  with  Article  5  of  the  Directive,  AGCOM 
intends  to  adopt  a  regulation  imposing  an  obligation  to  reserve  an  adequate  proportion  of 
investment in independent works for recent works. 

EN 

98 

   EN 

Number of channels 

Reference period 

Monitoring method 

LATVIA 

Total identified: 6 

2005/2006 

Self-reporting 

Covered (IND 1): 5 

LV 

MS 

EW (% of TQT)

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Latvijas TV 

Latvijas TV 

TV Riga 

TV3 Latvia 

LNT 

LTV1 

LTV7 

TV5 

TV3 

LNT 

90.26%  94.00%  20.40% 20.50%  95.00%  95.00% 

62.24%  56.17%  15.82% 16.69%  98.00%  98.00% 

56.50%  55.70%  52.00% 51.20%  78.00%  67.40% 

58.60%  58.60%  23.20% 23.20%  100.00% 100.00%

55.00%  48.00%  55.00% 48.00%  55.00%  48.00% 

Pirmais Baltijas Kanals  Pirmais Baltijas Kanals EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

100% 

80% 

100% 

100% 

Average (IND 2/4/6) 

64.52%

62.49%

33.28%

31.92% 

85.20% 

81.68%

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

The  private  broadcaster  LNT  stated:  “We  were  forced  to  remove  several  European 
programmes from the schedule because of their low ratings. Moreover, the US offers a much 
broader range of programmes than Europe.” 

B) Measures taken or envisaged by the Member State 

LNT stated that it is investing more in its own productions. 

EN 

99 

   EN 

 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
C) Further comments 

The  private  TV  broadcaster  Pirmais  Baltijas  Kanals  broadcasts  solely  in  Russian.  It  is  also 
licensed by the UK’s Ofcom under the name “First Baltic Channel”. 

On 8 May 2007, News Corp Europe took over the commercial TV station LNT and bought 
70% of the shares of the private broadcaster TV Riga (channel TV5). There is a risk that these 
channels may broadcast (even) more non-European content in the future. 

EN 

100 

   EN 

Number of channels 

Reference period 

Monitoring method 

LITHUANIA 

Total identified: 4 

Covered (IND 1): 4 

2005/2006 

- Collection of data from broadcasters

-  Cross-checking  by  the  Radio  and 
Television Commission of Lithuania 

 LT 

Broadcaster 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Channel 2005 

2006 

2005 

2006 

2005 

2006 

Lietuvos radijas ir televizija 

LTV 

71.2%  58.9%  43.7%  26.6%  90% 

91% 

Laisvas ir nepriklausomas kanalas 

LNK 

41% 

42% 

9% 

7% 

91% 

94% 

TELE-3 

Baltijos TV 

TV3 

48.7%  36% 

19% 

21% 

90% 

93% 

BTV 

53% 

51% 

31% 

38% 

89% 

92% 

Compliance rate (IND 3/5) 

50% 

50% 

75% 

75% 

Average % (IND 2/4/6) 

53.48% 46.98% 25.68% 23.15%  90.00%  92.50%

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

Two national TV broadcasters (LNK and TELE-3) were not able to achieve the target in the 
period  2005/2006  because  of  agreements  they  signed  for  purchasing  non-European 
audiovisual works. 

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

One national channel (LNK) failed to achieve the target in the period 2005/2006. It stated that 
the purchasing prices of independent productions were too high for it. 

B) Measures adopted or envisaged by the Member State 

The  Radio  and  Television  Commission,  which  regulates  and  continuously  monitors  the 
activities of broadcasters in Lithuania, holds talks with broadcasters who fail to comply with 
the  rules  on  European  works  and  tries  to  identify  the  reasons  for  this.  The  broadcasters  are 
doing their best gradually to increase the proportion of European works in their transmission 
time. Unfortunately, economic circumstances occasionally prevent them from achieving this. 

EN 

101 

   EN 

 
  
  
Number of channels 

Reference period Monitoring method 

LUXEMBOURG 

Total identified:14 

2005/2006 

Covered (IND 1): 13 (2005); 
14 (2006) 

Actually recorded: Luxe TV, DOK, 
NordliichtTV, Liberty TV, RTL 9 (2x) 

Sampled: RTL TVi, Club RTL, PLUG TV, 
RTL 4, RTL 5, RTL 7 

Estimated: RTL TéléLetzebuerg 

LU 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Liberty TV.com 

Liberty TV  73.00% 

82.00% 

28.00% 

16.00% 

100.00%  76.00% 

DVL TV S.A. 

Luxe TV 

NO  

70.54%  NO  

55.81%  NO  

100.00% 

Nordliicht TV S.A.  Nordliicht 

100.00%  100.00%  0.00% 

0.00% 

0.00% 

0.00% 

TV 

DOK S.A. 

DOK 

100.00%  100.00%  100.00%  100.00%  100.00%  100.00% 

CLT-UFA 

RTL Télé 
Letzebuerg 

87.00% 

92.00% 

13.00% 

13.00% 

95.00% 

97.00% 

CLT-UFA 

RTL TVi 

55.00% 

54.61% 

22.34% 

23.50% 

12.77% 

11.72% 

CLT-UFA 

Club RTL 

38.93% 

42.15% 

32.42% 

29.46% 

24.15% 

16.36% 

CLT-UFA 

PLUG TV 

56.45% 

73.03% 

43.65% 

37.83% 

38.03% 

34.85% 

CLT-UFA 

RTL 4 

59.00% 

55.00% 

100.00%  97.00% 

91.00% 

91.00% 

CLT-UFA 

RTL 5 

51.00% 

52.00% 

92.00% 

100.00%  82.00% 

83.00% 

CLT-UFA 

RTL 7 

54.00% 

57.00% 

94.00% 

98.00% 

88.00% 

90.00% 

CLT-UFA 

RTL 9 

54.10% 

45.70% 

85.80% 

73.60% 

13.50% 

19.30% 

CLT-UFA 

RTL 9 

57.30% 

47.70% 

80.40% 

66.40% 

23.40% 

32.90% 

Everyday Media S.A. T.TV 

NC 

NC 

NC 

NC 

NC 

NC 

Compliance rate (IND 3/5) 

85% 

71% 

85% 

86% 

Average % (IND 2/4/6) 

65.48% 

67.06% 

57.63% 

54.66% 

55.65% 

57.86% 

EN 

102 

   EN 

 
 
 
A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

The  channel  Club  RTL  failed  to  achieve  the  minimum  required.  This  is  because  its 
programme  schedule  largely  consists  of  sports  broadcasts,  which  are  excluded  from 
consideration,  and  of  cartoons,  which  are  mainly  non-European.  However,  there  has  been  a 
significant and steady increase in European works in the schedules since 2004, in line with the 
objective of broadcasting more European works. 

No figures are available for 2005 for DVL TV S.A. as the company only began broadcasting 
in June 2006. 

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

Nordliicht  TV  is  a  low-budget  channel  in  Luxembourgish.  Nordliicht  produces  all  its 
programmes itself. 

B) Measures taken or envisaged by the Member State 

CLT-UFA has been formally instructed to take the steps needed to ensure compliance with its 
obligations in the future. 

C) Further comments 

Everyday Media S.A. ceased all activity in March 2007 and is no longer able to provide the 
authorities with the figures required. 

EN 

103 

   EN 

 
HUNGARY 

Number of channels 

Reference period 

Monitoring method 

Total identified: 22 

2005/2006 

Self-reporting; monthly aggregation of 

Covered (IND 1): 22 

data submitted on a weekly basis 

HU 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Magyar Televízió Rt.  MTV1 

88.83% 

91.80% 

41.76%  56.10% 

60.43% 

67.20% 

Magyar Televízió Rt.  M2 

95.32% 

95.30% 

36.52%  45.00% 

66.74% 

69.60% 

Duna Televízió Rt.   DUNA TV  90.96% 

90.60% 

90.96%  100.00%  74.46% 

74.50% 

Viasat Hungária 
Műsorszolgáltató Rt.  

Magyar RTL 
Televízió Rt. 

Viasat3 

8.37% 

12.40% 

5.41% 

12.30% 

51.56% 

40.60% 

RTL KLUB  54.97% 

53.10% 

35.26%  32.50% 

91.35% 

96.00% 

MTM-SBS Televízió 
Rt. 

TV2 

50.76% 

51.20% 

45.35%  93.40% 

66.57% 

59.10% 

HBO Rt. 

HBO Rt. 

Mixolid Szolgáltató 
Rt.  

HBO 

20.58% 

20.60% 

17.49%  51.60% 

96.54% 

96.60% 

HBO2 

NC 

17.70%  NC 

49.40%  NC 

96.70% 

Fix Televízió 64.31% 

100.00%  NC 

NC 

NC 

NC 

AGRO-TV-ATV Rt.   MATV 

99.95% 

81.30% 

26.09%  59.50% 

89.12% 

76.40% 

Budapest TV Rt.  

BPTV 

10.63% 

99.70% 

2.42% 

37.60% 

53.55% 

37.20% 

Spektrum TV Rt.  

Spektrum 

71.69% 

69.80% 

68.11%  96.90% 

70.10% 

77.90% 

Z+ Műsorszolgáltató 
Rt.  

Filmmúzeum Rt.  

PAX TV Rt.  

VIVA TV 

63.87% 

73.70% 

62.46%  99.10% 

97.53% 

98.90% 

Film-
múzeum 

PAX 
Televízió 

90.14% 

87.60% 

61.29%  72.90% 

18.62% 

21.40% 

99.47% 

99.80% 

71.78%  68.50% 

36.48% 

58.40% 

EN 

104 

   EN 

 
 
HÍR Televízió Rt  

HírTV 

99.54% 

100.00%  2.71% 

4.80% 

98.89% 

100.00% 

Paprika Tv 

Paprika Tv  NC 

83.70%  NC 

41.50%  NC 

72.90% 

Paprika Tv 

TV Deko 

NC 

77.00%  NC 

56.90%  NC 

86.92% 

Sport 1 
Műsorszolgáltató Zrt. 

Sport 1 
Műsorszolgáltató Zrt. 

Sport1  

99.76% 

100.00%  47.02%  35.80% 

100.00%  100.00% 

Sport2 

99.93% 

100.00%  44.33%  28.30% 

100.00%  100.00% 

Hálózatos televíziók 
Rt. 

Hálózatos 
televízió 

85.95% 

88.50% 

78.45%  78.80% 

88.44% 

59.00% 

Echo Hungária TV 
Rt. 

Echo TV 

NC 

98.70%  NC 

11.30%  NC 

11.30% 

Compliance rate (IND 3/5) 

68% 

86% 

64% 

91% 

Average % (IND 2/4/6) 

71.95% 

76.93% 

43.38% 

53.91% 

74.14% 

71.46% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

HBO’s  channel  HBO  Zrt.  and  Viasat3’s  channel  Viasat  Hungária  Zrt.  fell  short  of  the  50% 
European quota. HBO2’s channel HBO Zrt. and Budapest TV’s channel Budapest Televízió 
Zrt. did not comply with the statutory regulation in 2006 and 2005, respectively. 

No  data  are  available  on  the  performance  of  TV  Paprika  Zrt’s  Paprika  TV  channel  and  on 
HBO2’s channel HBO Zrt. in 2005. TV Paprika was launched in late 2004 and was exempted 
from  the  obligation  to  meet  the  quotas  by  the  National  Radio  and  Television  Commission 
(hereinafter:  “ORTT”)  by  Decision  No  666/2005  (IV.  4.).  Since  2006,  the  broadcaster  has 
been providing data and fulfilling its obligations. Channel HBO2 failed to supply data; details 
of the action taken by the ORTT against the owner HBO Zrt. are set out below. 

In  2005  and  2006,  HBO  Zrt.  was  exempted  from  the  obligations  by  ORTT  Decision 
No 1859/2004  (XII.  15.)  which  was  based  on  the  authorisation  granted  by  Article  7(3)  of 
Act I  of  1996  on  Radio  and  Television  Broadcasting  (hereinafter:  “the  Act”).  There  was 
therefore no basis for sanctioning the broadcaster’s non-compliance. 

In its application for exemption, HBO Zrt. explained that it considered it realistically possible 
to  allocate  23%  of  the  annual  broadcasting  time  of  both  HBO  and  HBO2  to  broadcasting 
European  works.  This  is  because  of  the  channel’s  thematic  nature  and  subscription-based 
business model combined with the fact that, in accordance with the “non-slipback” clause, the 
proportion to be achieved in the future cannot be lower than 23%. 

EN 

105 

   EN 

 
 
 
 
  
  
 
 
 
 
 
 
 
Partly  in  view  of  the  programme  structure  of  the  broadcaster  and  of  its  subscription-based 
nature, the ORTT accepted the arguments set out in the application and granted an exemption 
to the broadcaster for 2007 by Decisions No 917/2007 (IV. 11.) and 918/2007 (IV. 11.). 

HBO — ORTT Decision No 917/2007 (IV. 11.): 

“In  consideration  of  the  application  for  exemption  submitted  by  HBO  Zrt.,  the  ORTT 
authorises  the  broadcaster  to  allocate  23%  of  its  broadcasting  time  on  its  HBO  channel  to 
European  works,  1.5%  to  works  produced  originally  in  Hungarian  and  1.3%  to  Hungarian 
language  works  produced  by  independent  producers,  by  way  of  derogation  from  the 
proportions specified in Article 7(1) and (2) of the Act.” 

HBO2 — ORTT Decision No 918/2007 (IV. 11.): 

“In  consideration  of  the  application  for  exemption  submitted  by  HBO  Zrt.,  the  ORTT 
authorises  the  broadcaster  to  allocate  23%  of  its  broadcasting  time  on  its  HBO2  channel  to 
European  works,  1.5%  to  works  produced  originally  in  Hungarian  and  1.3%  to  Hungarian 
language  works  produced  by  independent  producers,  by  way  of  derogation  from  the 
proportions specified in Article 7(1) and (2) of the Act.” 

In all  likelihood HBO Zrt. qualifies as a broadcaster for which meeting  the requirements of 
Articles 4 and 5 of the Directive is “not feasible”. As regards the non-compliance, it should be 
considered  that  the  broadcaster  is  a  thematic  channel  specialising  in  a  specific  area  and 
accessible exclusively by subscription. 

Since the reporting obligation was introduced (on 31 May 2004), Viasat Zrt. has never met the 
statutory  requirements  concerning  European  works.  The  broadcaster  was  not  granted  any 
exemption  and  therefore  should  have  met  the  programming  requirements  laid  down  in 
Article 7  of  the  Act.  In  response  to  this  non-compliance,  the  ORTT  started  administrative 
proceedings by Decision No 1320/2007 (VI. 6.). 

Viasat Zrt. applied to the ORTT for an exemption, giving a commitment gradually to achieve 
the  proportions  required  within  a  maximum  of  four  years.  By  way  of  derogation  from 
Article 7(1)  and  (2)  of  the  Act,  it  undertook  to  ensure,  in  2007,  a  proportion  of  40%  for 
European works and 30% of the 10% quota set for independent works. The ORTT contacted 
the  broadcaster  to  conclude  an  agreement  on  the  detailed  terms  and  conditions  on  how 
gradually to achieve the set quotas, but received no reply. In the absence of any agreement, 
the  ORTT  initiated  official  proceedings  against  the  broadcaster  for  non-compliance  with 
Article  7(1)  and  (2)  of  the  Act  on  6  June  2007.  By  Decision  605/2008  (III.  26.)  the  ORTT 
imposed  a  fine  of  HUF  1 000 000  on  the  broadcaster  for  continuous  infringement  of  its 
obligation concerning the proportion of European works and independent works in 2005 and 
2006. 

Budapest Televízió Zrt’s failure to fulfil the requirements in 2005 was due to anomalies in the 
data  supplied,  since  the  broadcaster  entered  the  wrong  data  —  despite  several  rounds  of 
clarifications  —  and  those  data  cannot  be  corrected  for  technical  reasons.  In  2006,  the 
broadcaster duly submitted the correct data. The ORTT considers that the broadcaster met the 
programming requirements in 2005 as well, since practically all its broadcasts comprise works 
produced  originally  in  Hungarian  and  the  broadcaster  had  not  applied  for  exemption 
concerning  works  by  independent  producers,  declaring  that  it  could  meet  the  relevant 
statutory  requirements.  The  ORTT  considered  that  this  was  confirmed  by  the  broadcaster’s 
programme  schedule  and  the  types  of  programmes  it  is  broadcasting.  Under  these 

EN 

106 

   EN 

circumstances  and  considering  the  improvement  in  the  broadcaster’s  data  reporting,  the 
ORTT saw no reason to start administrative proceedings. 

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

Budapest  Televízió  Zrt.  and  Viasat  Hungária  Zrt.  fell  short  of  the  proportion  for  works 
produced  by  independent  producers  in  2005,  as  did  Hír  Tv  in  2005  and  2006.  Mixolid  Zrt. 
supplied no data on this aspect. 

Hír TV failed to meet the requirement for works by independent producers and recent works. 
However, this channel has been registered as a broadcaster specialising in news, pursuant to 
Article  2(43)  of  the  Act,  as  at  least  80%  of  its  daily  broadcasting  time  comprises  the  same 
type  of  (news)  programmes.  The  programme  schedule  of  the  channel  fully  meets  this 
criterion, so its treatment as an exception is fully justified. 

Mixolid Zrt. failed to fulfil its data reporting obligation as it did not accept categorisation of 
its programmes. In the course of implementation of its Decision No 2761/2006. (XII. 13.), the 
ORTT  consulted  the  broadcaster  (which  asked  for  an  exemption)  as  overlaps  between  the 
ownership  of  the  company  producing  its  programmes  and  the  broadcaster  mean  that  the 
programmes produced do not qualify as independent works. The broadcaster has undertaken 
to resolve the anomaly. In view of the arguments put forward by the broadcaster, the ORTT 
exempted the broadcaster for 2007 by Decision No 914/2007 (IV. 11.): 

“In consideration of the application for exemption submitted by Mixolid Szolgáltató Zrt., the 
ORTT authorises the broadcaster to allocate 5% of its broadcasting time on its fix.tv channel 
to  Hungarian  language  works  produced  by  independent  producers  in  2007,  by  way  of 
derogation from the requirements set out in Article 7(2) of the Act.” 

However, because the broadcaster was failing to fulfil its data reporting obligation, the ORTT 
started  administrative  proceedings  against  the  broadcaster,  by  Decision  No  1321/2007 
(VI. 6.).  By  Decision  No  606/2008  (III.  26.),  under  Article  112(1)(a)  of  the  Act,  the  ORTT 
called  upon  the  broadcaster  Mixolid  Zrt.  to  terminate  its  unlawful  conduct.  (The  ORTT 
decided  to  impose  the  least  stringent  sanction  under  the  Act  because  the  broadcaster  had 
infringed its data reporting obligation but not the quotas.) 

B) Measures taken or envisaged by the Member State 

The  ORTT  started  administrative  proceedings  against  Viasat  Hungária  Zrt.  for  non-
compliance  with  the  requirements  for  European  works  and  for  works  produced  by 
independent  producers  and  against  Mixolid  Zrt.  for  non-compliance  with  its  data  reporting 
obligation. The procedure usually takes up to 30 days. 

C) Further comments 

1. New channels 

The  ORTT  registered  ECHO  Tv  Zrt.’s  channel  ECHO  Tv.  by  Decision  No  1683/2005 
(VIII. 31.) and Paprika Tv Zrt.’s channel Deko Tv by Decision No 2512/2005 (XII. 7.). The 
2005 data are not relevant to these channels since fulfilment of the requirements is based on 
the total annual broadcasting time, which is why only the 2006 data are presented in the table 
for these two channels. 

EN 

107 

   EN 

2. Data supply method 

Compliance with the obligations laid down in Article 7 of the Act is checked on the basis of a 
self-reporting  system.  The  broadcasters  send  their  records  (a  sort  of  booklet  in  which  they 
record  the  broadcast  time,  duration,  genre,  place  and  time  of  production,  name  of  the  firm 
which  produced  the  programme  items  and  whether  the  producers  qualify  as  independent  or 
not) to the ORTT once a week. The data are aggregated once a month. The data on audience 
shares  are  incomplete,  as  the  ORTT  does  not  have  these  figures  for  every  broadcaster  (and 
this is not a mandatory requirement). 

In column 1 of the record, the broadcaster has to note the programme items that fall within the 
quota  requirements  and  those  that  do  not.  In  column  2,  the  place  of  production  is  entered, 
while  in  the  case  of  co-productions  the  provisions  in  the  2004  Film  Act  II  —  based  on  the 
Council  of  Europe  Convention  —  apply.  The  year  of  production  of  the  programme  item  is 
entered  in  column  3  (both  for  European  works  and  for  works  produced  originally  in 
Hungarian), while column 4 states whether the producer qualifies as independent or not. The 
name of the producer has to be entered in column 5. 

The  ORTT  requires  data  even  from  broadcasters  that  have  been  granted  partial  or  complete 
exemption. 

3. Definition of “recent work” 

In the table, the terminology used in the Act is applied to works by independent producers and 
the  statistics  indicate  the  proportion  of  works  produced  not  more  than  five  years  before 
broadcasting. 

4. Legislative background 

The  requirements  concerning  broadcasting  of  works  made  by  European  and  independent 
producers are set out in Article 7 of the Act. 

“Article 7 

(1) Television broadcasters shall reserve at least half of their total yearly transmission time for 
broadcasting  European  works  and  at  least  one  third  of  it  for  broadcasting  productions 
originally made in Hungarian. 

(2) Television broadcasters shall reserve at least 10% of their total yearly transmission time 
for European works and at least 7% for works originally made in Hungarian by independent 
producers or made not more than five years before their purchase. 

(3)  The  proportions  provided  for  in  paragraphs  (1)  and  (2)  —  having  regard  to  the 
broadcasters’ informational, educational, cultural and entertainment responsibility to viewers 
—  shall  be  achieved  progressively,  if  necessary.  Broadcasters  which  do  not  attain  the 
proportions stipulated in paragraphs (1) or (2) shall provide evidence that this is legal in the 
light of this provision. 

(4)  Television  broadcasters  shall  reserve  at  least  12%  of  their  programme  budget  for 
acquisition  of  programmes  made  by  independent  producers  or  produced  not  more  than  five 
years prior to their purchase. Such programmes — with the exception of films — shall have 
been made originally in Hungarian. 

EN 

108 

   EN 

(5) For the purpose of this provision: 

(a)  “broadcaster”  shall  mean  a  broadcaster  who  broadcasts  nationally  or  regionally  and  a 
broadcaster who broadcasts nationally as a result of connection to the network; 

(b)  in  establishing  total  broadcasting  time,  broadcasts  of  news  or  sports  events,  games, 
advertisements and teletext services shall be excluded …” 

Under the authorisation provided for in Article 7(3) of the Act, the ORTT issued Decision No 
505/2004 (IV. 15.), subsequently amended by Decision No 627/2004 (V. 5.), to clarify issues 
relating to progressive introduction of the programming requirements laid down in Article 7, 
to exceptions from compliance with the requirements and to specific procedural issues. 

In  its  7th  Communication  of  14  August  2006  on  the  application  of  Articles  4  and  5  of  the 
Directive,  the  Commission  criticised  the  general  nature  of  the  exemptions  granted  by  the 
ORTT  in  Decision  No  627/2004  (V.  5.)  and  the  fact that the decisions granting exemptions 
have  been  taken  without  regard  to  the  principle  of  progressive  introduction,  by  simply 
acknowledging the channels’ failure to meet the quotas. 

Therefore,  there  was  a  need  for  radical  revision  of  ORTT  Decision  No  627/2004  (V.  5.) 
laying down the exemption decisions in line with the criteria adopted by the Commission. To 
this end, ORTT Decision No 627/2004 (V. 5.), subsequently amended by ORTT Decision No 
2761/2006  (XII.  13.),  set  out  detailed  rules  on  how  the  programming  requirements  (quotas) 
introduced by the Act should be met: 

“By  virtue  of  the  authorisation  provided  for in  Article  41(j)  of  Act  I  of  1996  on  Radio  and 
Television Broadcasting (hereinafter referred to as “the Act”), the ORTT adopts the following 
Decision  concerning  the  programming  requirements  laid  down  in  Article  7  (the  mandatory 
proportion  of  European  works  and  the  Hungarian  language  quotas),  the  progressive 
introduction  of  the  programming  requirements  laid  down  in  Article  7(3),  exceptions  from 
compliance with the requirements and specific procedural issues: 

The programming requirement laid down in Article 7(1), (2) and (4) of the Act shall apply to 
all  television  programme  broadcasting  subject  to  Act  I  of  1996  on  Radio  and  Television 
Broadcasting, except for the broadcasters exempted by this Decision. 

Television broadcasters shall establish the quota requirement on the basis of their total annual 
broadcasting  time,  deducting  the  programme  times  of  news,  sports  events,  games, 
advertisements, television shopping and teletext services. 

The following are exempted from this Act: 

1. Article 7(1), (2) and (4) shall not apply to television broadcasts that consist exclusively of 
“news, sporting events, games, advertisements, television shopping or teletext services” and 
the time allocated to such  broadcasts shall be deducted from  the  total broadcasting time  for 
the year. 

2.  Article  7(1),  (2)  and  (4)  shall  not  apply  to  local  television  broadcasts  provided  for  by 
Article 2(10) of the Act if they do not form part of a national network. 

EN 

109 

   EN 

3. Article 7(1), (2) and (4) shall not apply to television broadcasters that exclusively broadcast 
programmes in languages other than those of the Member States42; where such a language or 
languages  constitute  not  all  but  a  significant  part  of  the  channel’s  transmission  time, 
Article 7(1), (2) and (4) shall not apply to that part of the transmission time. 

4. Television broadcasts that can be received only in a third country and cannot be received 
indirectly  or  directly  in  the  territory  of  any  Member  State  shall  be  exempted  from  the 
requirements of Article 7(1), (2) and (4). 

5.  Television  broadcasts  whose  target  coverage  area  falls  exclusively  outside  the  borders  of 
Hungary  and  which  cannot  be  received  either  indirectly  or  directly  in  Hungary  shall  be 
exempted from the Hungarian programme requirements in Article 7(1), (2) and (4). 

Exemption on request: 

The  ORTT  may  partly  exempt  specialised  and  satellite  broadcasters  (with  the  exception  of 
public  service  broadcasters)  from  the  requirements,  in  advance  and  more  than  once,  for  a 
given period on the basis of an individual request justified by the broadcaster in a way that is 
compatible  with  the  provisions  laid  down  in  the  Directive,  and  to  a  degree  gradually 
decreasing  in  each  successive  period,  in  accordance  with  the  principle  of  progressive 
improvement. 

The  ORTT  shall  grant  exemptions  by  individual  decisions  addressed  to  a  given  broadcaster 
for  a  maximum  of  one  year.  One  month  before  the  expiry  of  the  exemption,  the  exempted 
broadcaster  may  submit  another  application  for  exemption  for  the  next  year,  with  a  proper 
explanation of its reasons for doing so. 

to 

the  broadcaster’s 

When  granting  exemptions,  the  ORTT  shall  take  account  of  the  extent  to  which  any  given 
broadcaster  can,  under  the  given  market  conditions,  undertake  to  meet  the  quota,  having 
regard 
informational,  educational,  cultural  and  entertainment 
responsibility.  However,  in  view  of  the  provisions  laid  down  in  the  Directive,  the  ORTT 
cannot  accept  reasons  based  exclusively  on  economic  considerations  in  evaluating 
applications  for  exemption.  In  agreements  it  concludes  with  broadcasters,  the  ORTT  shall 
include a clause providing that the broadcaster must meet at least the proportion attained in 
the  preceding  year,  even  if  it  has  been  granted  exemption  from  the  quotas  or  if  it  did  not 
manage to meet them. 

Broadcasters  that  have  not  submitted  an  application  for  exemption,  or  those  that  have 
submitted  one  if  it  was  refused  by  the  ORTT  and  yet  they  still  fail  to  meet  the  prescribed 
quotas, shall conclude an agreement with the ORTT in which they undertake to achieve the 
proportion  delivered  in  the  preceding  year  —  in  accordance  with  the  principle  of  a 
progressive approach — in the year following conclusion of that agreement. 

Reporting: 

Every television broadcaster — regardless of whether it is granted a licence or not — must 
report on its compliance with the obligation laid down in Article 7(1) and (2), as specified in 
Article 89(4)(e). 

42 

A Member State is a state that is a Member State of the European Union or of the European Economic 
Area or one that has signed the European Convention on Transfrontier Television. 

EN 

110 

   EN 

                                                 
The reporting obligation shall apply to exempted broadcasters on the basis of and subject to 
the terms and conditions of the agreement concluded with the ORTT. 

The deadline for submitting the reasoned applications for exemption for the next year shall be 
31 August every year for broadcasters already operating. For newly launched broadcasters it 
shall be the 90th day following the day on which broadcasting started. 

The  application  must  give  details  of  the  proportion  of  European  works,  of  those  produced 
originally  in  Hungarian  and  of  those  produced  by  independent  producers  in  the  total 
transmission time in the preceding year, along with data that may justify exemption or may 
explain the failure to meet the proportions — below the quotas — specified in the agreement. 

Pursuant to Article 7(3) of the Act, if the broadcaster failed to meet the proportions laid down 
in paragraphs (1) and (2) during the given calendar year, the broadcaster must prove that this 
practice  was  legitimate.  Broadcasters  should  make  efforts  to  improve  on  the  proportions 
attained during the preceding year. 

It shall be accepted by the ORTT as legitimate if the broadcaster fulfils its obligation specified 
in Article 7 only to a certain degree during the first three years of its operation, but even in 
such  cases  at  least  half  of  the  quota  must  be  met.  The  ORTT  may  grant  one-off  partial 
exemption  from  the  quotas  up  to  the  end  of  the  third  year,  in  accordance  with  a  plan 
containing precise data specified in the agreement. 

The  Műsorfigyelő  és  -elemző  Igazgatóság  (Directorate  for  Monitoring  and  Analysing 
Programmes) shall review television broadcasters’ programmes once a month for compliance 
with  the  proportions  specified  in  Article  7(1)  and  (2).  Fulfilment  of  the  obligations  shall  be 
evaluated by the ORTT once a quarter/twice a year.43 

Pursuant to Article 7(4), the broadcaster must certify its compliance with the proportions in 
the framework of its annual report by presenting data certified by an auditor. 

If the broadcaster fails to fulfil its obligations laid down in Article 7 or if it fails to fulfil its 
reporting obligation, the ORTT may apply the sanctions specified in Article 112; in particular, 
it  may  apply  the  sanctions  referred  to  in  Article  112(1)(a),  (b)  and  (d)  to  broadcasters 
operating under a contract and it may apply those referred to in Article 112(1)(a), (b) and (e) 
to broadcasters covered by Article 113, while public service broadcasters may be liable to the 
sanctions specified in Article 112(1)(a), (b) and (e).44” 

43 

44 

Based on the monthly reports, a quarterly evaluation of the data is produced, whereas performance in 
terms of the quotas is evaluated by the ORTT twice a year. If a broadcaster fails to submit the required 
data, the ORTT takes the necessary action. In the event of failure to meet the statutory ratios, the ORTT 
notifies the broadcaster concerned — after the twice-yearly evaluation — but action may be taken only 
in  the  light  of  the  data  for  the  entire  year,  as  performance  is  assessed  on  the  basis  of  the  annual 
broadcasting time. 
Under Article 112 (1), “if the broadcaster fails to meet or if it breaches the conditions laid down in this 
Act,  in  the  Act  on  Copyright  or  in  the  broadcasting  or  radio  licence,  or  if  a  person  who  had  an 
employment relationship or other legal relationship with the broadcaster when the act was committed is 
found  guilty  by  the  final  decision  of  the  court  of  having  committed  the  criminal  act  specified  in 
Article 329 of the Criminal Code, the ORTT: (a) shall call on the broadcaster to terminate the conduct 
concerned; (b) shall establish the violation of the law in the form of a written warning, calling on the 
broadcaster  to terminate  the  infringement  and  to refrain  from  the  infringement  in  the  future;  (c)  shall 
suspend the right to exercise the broadcasting licence for a set period of time not exceeding 30 days; 
(d) shall  apply  the  penalty  specified  in  the  contract;  (e)  shall  impose  a  fine  on  the  public  service 

EN 

111 

   EN 

                                                 
broadcaster or the broadcaster engaged in broadcasting activities based on notification, or on the basis 
of a request by the Complaints Committee within the limits specified in Article 135; (f) shall withdraw 
the licence with immediate effect.” 

EN 

112 

   EN 

                                                                                                                                                         
Number of channels 

Reference period 

Monitoring method 

MALTA 

Total identified: 5 

2005/2006 

Covered (IND 1): 5 

Self-assessment  by  broadcasters  (on  the  basis 
of a yearly questionnaire) 

MT 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

PBS Ltd 

TVM  

92.50% 

95.00% 

63.00% 

71.00% 

100% 

100% 

PBS Ltd 

Education 
22 

92.00% 

91.00% 

40.00% 

45.00% 

75% 

89% 

Media.Link 
Communications 
Ltd 

NET TV 

58.61% 

66.57% 

50.38% 

50.18% 

97% 

94% 

One Productions 
Ltd 

Super One 
TV 

69.14% 

67.38% 

18.20% 

16.44% 

60% 

56% 

Smash 
Communications 
Ltd 

Smash TV  72.70% 

72.70% 

42.20% 

42.20% 

72% 

72% 

Compliance rate (IND 3/5) 

100% 

100% 

100% 

100% 

Average % (IND 2/4/6) 

76.99% 

78.53% 

42.76% 

44.96% 

80.80% 

82.20% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

Not applicable. 

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

Not applicable. 

EN 

113 

   EN 

 
 
 
NETHERLANDS 

Number of channels  Reference 

Monitoring method 

period 

Total identified: 112 

2005/2006 

Covered (IND 1): 65 
(2005); 85 (2006) 

The  public  broadcasters  collect  the  data  on their 
channels  on  the  basis  of  total  programming  (excluding 
the exempted categories like news, sport, etc.). The data 
are  supplied  to  the  Media  Authority  (“Commissariaat 
voor de Media”). 

The  commercial  broadcasting  channels  with  cable 
coverage  of  more  than  75%  reported  to  the  Media 
Authority  on  the  basis  of  a  random  sample  from  the 
periods  indicated  by  the  Media  Authority.  The  periods 
were 26 February to 4 March 2005, 23 to 29 April 2005, 
3 to 9 September 2005, 10 to 16 December 2005, 25 to 
31 March 2006, 20 to 26 May 2006, 9 to 15 September 
2006  and  18  to  24  November  2006.  The  broadcasters 
reported on all programmes in those weeks. They had to 
state,  for  each  programme  item,  inter  alia  whether  it 
counts towards the eligible transmission time, whether it 
is  a  European  work,  whether  it  is  an  independent  work 
and the year in which it was produced. All broadcasters 
have to fill in a form drawn up by the Media Authority. 
the  different 
On 
percentages are then calculated. 

the  submissions, 

the  basis  of 

The small commercial channels were allowed simply to 
provide  a  statement  of  the  percentages  of  European, 
independent  and  recent  productions  which  they  had 
broadcast. The statistical overview does not include local 
commercial channels which can be received in only one 
municipality  or  in  a  limited  number  of  neighbouring 
municipalities,  because  the  European  quotas  do  not 
apply to small commercial channels. 

The Media Authority submitted the statistical overview 
to the independent television producers who possess data 
on (European) independent works broadcast by the 
public channels and the large commercial channels (in 
this case RTL 4, RTL 5 and RTL 7, which do not fall 
under Dutch jurisdiction, and SBS 6, Net 5, Veronica 
and Talpa). These data for 2005 tally with the data 
collected by the Media Authority. The independent 
television producers have not yet been able to provide 
the Media Authority with the figures for 2006. 

EN 

114 

   EN 

NL 

MS 

EW (%TQT)

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Publieke landelijke omroep 

Nederland 1 

94% 

97% 

38% 

43% 

98% 

95% 

Publieke landelijke omroep 

Nederland 2 

96% 

94% 

58% 

42% 

94% 

94% 

Publieke landelijke omroep 

Nederland 3 

92% 

91% 

44% 

40% 

74% 

68% 

St. Samenwerkende Publieke 
Omroepen Midden Nederland 

Utrecht 

100%  100%  41% 

54% 

100%  100% 

Stichting Omroep Drenthe 

Drenthe 

100%  100%  29% 

40% 

63% 

100% 

Stichting Omroep Gelderland  Gelderland 

100%  100%  12% 

12% 

100%  100% 

Stichting Omroep Limburg 

Limburg 

100%  100%  38% 

70% 

100%  100% 

Stichting Omroep Zeeland 

Zeeland 

100%  89% 

13% 

0% 

100%  100% 

Stichting Omrop Fryslân 

Fryslan 

100%  100%  23% 

33% 

100%  100% 

Stichting Regionale Omroep 
Brabant 

Brabant 

100%  100%  46% 

13% 

100%  100% 

Stichting Regionale Omroep 
Flevoland 

Flevoland (Almere 
edition) 

100%  100%  29% 

54% 

100%  100% 

Stichting Regionale Omroep 
Flevoland 

Flevoland (provincial 
edition) 

100%  100%  29% 

54% 

100%  100% 

Stichting Regionale Omroep 
Rotterdam-Rijnmond en 
omgeving 

Rijnmond 

94% 

100%  57% 

50% 

100%  91% 

EN 

115 

   EN 

Stichting Regionale Omroep 
West 

West 

100%  100%  61% 

51% 

100%  100% 

Stichting Regionale Televisie 
Noord 

Groningen 

100%  100%  32% 

60% 

100%  90% 

Stichting RTV Noord-Holland  Noord-Holland 

100%  100%  48% 

34% 

100%  100% 

(Amsterdam edition) 

Stichting RTV Noord-Holland  Noord-Holland 

100%  100%  52% 

34% 

100%  100% 

(provincial edition) 

Stichting RTV Oost 

Radio Nederland 
Wereldomroep 

Oost 

BVN 

100%  100%  36% 

54% 

100%  100% 

100%  100%  EX 

EX 

100%  100% 

KinderNet C.V. p/a MTV 
Networks 

Nick Jr 

NO 

35%  NO 

44%  NO 

92% 

MTV Networks B.V. 

MTV Brand New 
(formerly TMF Pure) 

NO 

59%  NO 

59%  NO 

100% 

MTV Networks B.V. 

MTV The 
Netherlands 

35% 

33% 

29% 

31% 

94% 

100% 

MTV Networks B.V. 

Nickelodeon 

47% 

28% 

46% 

27% 

58% 

98% 

MTV Networks B.V. 

The Music Factory 
(TMF) 

50% 

65% 

45% 

65% 

95% 

100% 

MTV Networks B.V. 

TMF NL 

NC 

73%  NC 

61%  NC 

100% 

MTV Networks B.V. 

TMF Party 

NC 

79%  NC 

79%  NC 

100% 

SBS Broadcasting B.V. 

Net 5 

11% 

15% 

31% 

14% 

98% 

88% 

SBS Broadcasting B.V. 

SBS 6 

44% 

66% 

31% 

20% 

99% 

89% 

EN 

116 

   EN 

SBS Broadcasting B.V. 

Tele 6 

EX 

EX 

EX 

EX 

EX 

EX 

SBS Broadcasting B.V. 

Via 5 

EX 

EX 

EX 

EX 

EX 

EX 

Talpa TV B.V. 

Talpa (now “Tien”) 

83% 

82% 

64% 

64% 

100%  73% 

Tel Sell B.V. 

Tel Sell 

EX 

EX 

EX 

EX 

EX 

EX 

The Box Holland B.V. 

The Box 

NC 

46%  NC 

46%  NC 

100% 

TV 10 B.V. p/a SBS 
Broadcasting B.V. 

Veronica/Jetix 

40% 

60% 

50% 

56% 

99% 

88% 

@home (formerly Essent 
Kabelcom B.V.) 

Zizone (formerly 
Proost-TV) 

NO 

EX 

NO 

EX 

NO 

EX 

Albeda College 

ETV.NL 

96% 

94% 

23% 

31% 

100%  100% 

CAIW Media B.V. 

WAY.TV 

NO 

EX 

NO 

EX 

NO 

EX 

Carthage II B.V. p/a SBS 
Broadcasting B.V. 

Irisz 

44% 

61% 

34% 

61% 

64% 

90% 

Chellomedia Programming 
B.V. 

Club 

47%  NO 

47%  NO 

50%  NO 

Chellomedia Programming 
B.V. 

Chellomedia Programming 
B.V. 

Christoffer Productions & 
Beheer B.V. 

Club (CE) 

54%  NO 

53%  NO 

61%  NO 

Club (EE) 

42%  NO 

41%  NO 

65%  NO 

The Family 7 Channel 48% 

56% 

16% 

30% 

87% 

89% 

EN 

117 

   EN 

Clear Television Network B.V. Clear TV 

29%  NC 

28%  NC 

100%  NC 

Donatus B.V. 

Weerkanaal 

NO 

100%  NO 

100%  NO 

100% 

GraafschapTV 

GraafschapTV 

100%  NC 

38%  NC 

100%  NC 

Hermans Retail Europe B.V. 
p/a Kalff Katz & Koedoder 

Regio 22 

NO 

100%  NO 

90%  NO 

90% 

Hermans Retail Europe B.V. 
p/a Kalff Katz & Koedoder 

Telewinkelomroep 
Sale 22 

NO 

EX 

EX 

EX 

NO 

EX 

InfoThuis Nieuwe Media B.V.  InfoThuis TV 

100%  100%  100%  100%  100%  100% 

InfoThuis Nieuwe Media B.V.  InfoThuis TV 

100%  100%  100%  100%  100%  100% 

(Westland/Midden 
Delfland edition) 

Massalia Telecom Nederland 
B.V. 

Massalia Telecom Nederland 
B.V. 

Sexy Sat Television 1 NC 

100%  NC 

0% 

NC 

0% 

Sexy Sat Television 2 NC 

100%  NC 

0% 

NC 

0% 

Maximaal Multimedia 

Maximaal TV + 

EX 

100%  EX 

71% 

EX 

100% 

N.V. Multikabel 

MultiView 

EX 

EX 

EX 

EX 

EX 

EX 

NederSat N.V. p.a. Kerkman  Full/X 4 Free 

NO 

EX 

NO 

EX 

NO 

EX 

NostalgieNet B.V. 

NostalgieNet 

NO 

100%  NO 

100%  NO 

100% 

EN 

118 

   EN 

PT. Cipta Indah Strategi 
h.o.d.n. Garuda T.V. 

Garuda TV 

NO 

NC 

NO 

NC 

NO 

NC 

Regionaal Televisie Netwerk 
Limburg B.V. 

TV Limburg (8 
editions)  

100%  100%  26% 

34% 

100%  0% 

Royaal B.V. 

RTV 10 (formerly 
Royaal TV) 

99% 

99% 

68% 

46% 

80% 

100% 

Satellite Data Broadcasting 
B.V. 

Sexview promo 

EX 

EX 

EX 

EX 

EX 

EX 

SMV Audiovisuals B.V. 

Raceworld TV 

EX 

EX 

EX 

EX 

EX 

EX 

Stichting Maharishi University 
of Management (M.U.M.) 

Maharishi Open 
University 

EX 

EX 

EX 

EX 

EX 

EX 

Stichting Maharishi University 
of Management (M.U.M.) 

Maharishi Veda 
University 

EX 

EX 

EX 

EX 

EX 

EX 

Stichting Rotterdamse T.V. 
Producties 

RNN (Regio News 
Network) 

NC 

100%  NC 

16%  NC 

60% 

TV & CO Holding B.V. 

TV&CO (3 editions)  NO 

100%  NO 

31%  NO 

100% 

TV Digitaal B.V. 

TV Oranje 

100%  100%  100%  100%  73% 

65% 

TV4U B.V. 

Action Now 

NO 

NC 

NO 

NC 

NO 

NC 

United Football Broadcasting 
B.V. 

Sportkanaal 

EX 

NO 

EX 

NO 

EX 

NO 

EN 

119 

   EN 

WorldMadeChannel B.V. 

WorldMadeChannel  NO 

EX 

NO 

EX 

NO 

EX 

Your Channels TV B.V. 

Golf Course Channel 
TV 

NO 

EX 

NO 

EX 

NO 

EX 

Arrivo on demand B.V. 

Arrivo 

25% 

29% 

25% 

29% 

90% 

96% 

Arrivo on demand B.V. 

Arrivo (Austria) 

29% 

35% 

29% 

35% 

95% 

100% 

Arrivo on demand B.V. 

Arrivo (Germany) 

35% 

37% 

35% 

37% 

92% 

90% 

Arrivo on demand B.V. 

Arrivo (Norway) 

30% 

26% 

30% 

26% 

100%  100% 

Arrivo on demand B.V. 

Arrivo (Sweden) 

32% 

30% 

32% 

30% 

97% 

100% 

Arrivo on demand B.V. 

Arrivo (Switzerland)  30% 

34% 

30% 

34% 

97% 

99% 

Chellomedia Programming 
B.V. 

Film 1.1 (formerly 
Canal+) 

EX 

46% 

EX 

46% 

EX 

96% 

Chellomedia Programming 
B.V. 

Film 1.2 (formerly 
Canal+) 

EX 

43% 

EX 

43% 

EX 

95% 

Chellomedia Programming 
B.V. 

Film 1.3 (formerly 
Canal+) 

EX 

50% 

EX 

50% 

EX 

94% 

Chellomedia Programming 
B.V. 

Sport 1 

NO 

EX 

NO 

EX 

NO 

EX 

Free - X TV B.V. 

Backroom/FreeX TV2 39% 

44% 

39% 

44% 

100%  100% 

Free - X TV B.V. 

Free-X TV 

43% 

30% 

43% 

30% 

100%  100% 

Free - X TV B.V. 

Free-X TV Light 

32%  NO 

32%  NO 

100%  NO 

Free - X TV B.V. 

Xdream 

16% 

74% 

16% 

74% 

100%  100% 

Marc Dorcel TV Netherlands 
B.V. 

Marc Dorcel TV 

NO 

74%  NO 

74%  NO 

79% 

EN 

120 

   EN 

Mintrade B.V. p/a IBSBM 

Intimacy (previously 
Exotica) 

13% 

EX 

100%  EX 

100%  EX 

NederSat N.V. p.a. Kerkman  Full-X 1 

87% 

15%  NC 

10%  NC 

10% 

NederSat N.V. p.a. Kerkman  Full-X 2 

4% 

15%  NC 

10%  NC 

10% 

NederSat N.V. p.a. Kerkman  Full-X 3 

NC 

15%  NC 

10%  NC 

10% 

NederSat N.V. p.a. Kerkman  Full-X 4 

NO 

EX 

NO 

EX 

NO 

EX 

Private Blue and Gold 
Broadcasting B.V. 

Private Gold 

88%  NO 

2% 

NO 

100%  NO 

Sapphire Media International 
B.V. 

Sapphire Media International 
B.V. 

Sapphire Media International 
B.V. 

Satellite Data Broadcasting 
B.V. 

Blue Hustler 

85% 

20% 

27% 

20% 

100%  100% 

Hustler TV 

1% 

7% 

0% 

0% 

0% 

0% 

XXX Xtreme 

4% 

2% 

0% 

0% 

0% 

0% 

Livesex tv 

46% 

80% 

46% 

80% 

100%  100% 

Satellite Data Broadcasting 
B.V. 

Scrambled Temporary 
Fun 

66% 

70% 

28% 

70% 

89% 

100% 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Sexview 

NO 

100%  NO 

100%  NO 

100% 

Sexview 24/7 

NO 

80%  NO 

70%  NO 

100% 

Sexview Climax 

NO 

80%  NO 

80%  NO 

100% 

EN 

121 

   EN 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Satellite Data Broadcasting 
B.V. 

Sexview DP 

NO 

80%  NO 

80%  NO 

100% 

Sexview Extreme 

NO 

80%  NO 

80%  NO 

100% 

Sexview Gay 

NO 

70%  NO 

70%  NO 

100% 

Sexview Hot 

NO 

70%  NO 

70%  NO 

100% 

Sexview Inter 

NO 

70%  NO 

70%  NO 

100% 

Sexview Special 

NO 

100%  NO 

100%  NO 

100% 

Sexview TV 

NO 

70%  NO 

70%  NO 

100% 

Stichting The Word 

The Word Network  NO 

EX 

NO 

100%  NO 

100% 

STV International B.V. p/a 
Loyens en Loeff 

Playboy TV/Private 
Spice 

NO 

89%  NO 

89%  NO 

90% 

STV International B.V. p/a 
Loyens en Loeff 

Spice 

NO 

23%  NO 

23%  NO 

100% 

TV4U B.V. 

X-Zone 

NO 

NC 

NO 

NC 

NO 

NC 

Versatel Nederland B.V. 

Versatel Nederland B.V. 

Tele2 
Eredivisiekanaal 

Tele2 
Eredivisiekanaal (18 
editions) 

NO 

EX 

NO 

EX 

NO 

EX 

NO 

EX 

NO 

EX 

NO 

EX 

Versatel Nederland B.V. 

Versatel TV 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

51% 

68% 

81% 

88% 

Average % (IND 2/4/6) 

66.38%71.38% 39.45% 49.60% 89.50%86.78%

EN 

122 

   EN 

  
  
 
A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

The average proportions of European productions broadcast in 2005 and 2006 were 66.38% 
and 70.26% respectively. 

The Netherlands authorities declared that the compliance rate was 60% for 2005 and 74% for 
2006,  although  different  figures  are  given  in  their  statement.  They  argue  that  this  statement 
gives  a  distorted  picture.  In  2005  and  2006,  the  Media  Authority  granted  various  channels 
partial exemption from the required proportion, setting them a lower percentage for European 
productions (see the explanations below regarding the various channels). The channels Arrivo 
on  demand  B.V.  and  Chellomedia  Programming  B.V.  achieved  the  lower  percentage  set  by 
the Media Authority. Consequently, under the Netherlands rules, the compliance rate for 2005 
would be not 51% but 60%, and for 2006 not 65% but 74%. 

MTV Networks B.V. 

MTV  did  not  achieve  the  required  percentage  of  European  productions  in  2005  on  the 
channels  MTV  and  Nickelodeon  and  in  2006  on  MTV,  Nickelodeon  and  Nick  Jr.  With 
reference  to  the  report  for  2005,  discussions  were  held  with  the  music  channels  about  their 
reporting  obligations.  It  turned  out  to  be  difficult  to  report  because  they  broadcast  mainly 
video clips. Agreement was reached with the music channels that reports may be based on the 
playlist,  90%  of  which  comprises  the  video  clips  broadcast.  MTV  is  also  increasingly 
broadcasting regular  programme  items.  In the  report for 2003 and 2004, MTV stated  that it 
expected  to  broadcast  a  larger  proportion  of  European  productions  in  2006.  The  report  for 
2005 and 2006 shows the opposite to be the case, however. The Media Authority has issued a 
warning for failing to achieve the required percentage of European productions. 

The required percentage of European productions was also not achieved on Nickelodeon (and 
Nick  Jr).  MTV  stated  the  reasons  for  this  in  the  past.  Nickelodeon  and  Nick  Jr  are  niche 
channels intended exclusively for children. Children’s programmes are expensive. In a small 
country with a limited language area it is therefore impossible for channels to produce (or to 
commission the production of) many children’s programmes of their own. Also, the supply of 
European children’s programmes is small and does not always fit in with what Nickelodeon 
wishes to provide, namely non-violent and educational programmes. Therefore, many “own” 
Nickelodeon programmes from the United States are broadcast. 

SBS Broadcasting B.V. 

SBS did not achieve the required percentage of European productions on the channels SBS 6, 
Net 5  and  Veronica/Jetix  in  2005  and  on  Net 5  in  2006.  For  failing  to  achieve  the  required 
percentage in 2005, by decision of 22 May 2007 SBS was fined €13 500. SBS stated that with 
Net 5’s programme format it is difficult to comply with the required percentage because the 
format is intended for Dutch women. This calls for a certain range of programmes which are 
produced mainly in the United States and are bought from there. In addition, expensive Dutch 
programmes  are  being  developed  which  are  difficult  to  repeat  because  of  the  type  of 
programme.  Programmes  such  as  “Peking  Express”,  with  a  denouement  in  the  last  episode, 
are  more  difficult  to  repeat.  SBS  has  stated  that  it  would  be  (too)  expensive  to  have  more 
European  programmes  produced  for  Net 5.  SBS  will  consider  how  to  comply  with  the 
required percentage in future. 

EN 

123 

   EN 

@home (formerly Essent Kabelcom B.V.) 

This channel was launched in mid-2006. 

Chellomedia Programming B.V. 

In  2005,  Chellomedia  broadcast  an  insufficient proportion  of  European  works  on  two  of  its 
three  general  broadcasting  channels.  Chellomedia  gave  no  reasons  for  this.  Chellomedia 
ceased broadcasting in 2006. The Media Authority has therefore decided to take no action. 

The  special  channels,  in  this  case  Film  1.1,  Film  1.2  and  Film  1.3,  were  granted  partial 
exemption  from  the  European  productions  quota.  Chellomedia  complied  with  the  new 
percentages imposed at national level. 

Clear Television Network B.V. 

In 2005, this channel did not comply with the majority proportion of European productions. It 
did  not  submit  any  data  for  2006.  The  channel  is  now  bankrupt.  The  Media  Authority  has 
therefore decided to take no further steps. 

Graafschap TV 

Graafschap  TV  is  a  regional  channel  which  did  not  submit  any  data  for  2006.  Given  the 
programming, the Media Authority assumes that the percentages for 2006 will be comparable 
to those for 2005. 

Massalia Telecom Nederland B.V. 

Massalia did not submit any data on its two channels for 2005 and 2006. In respect of 2005, 
Massalia received a warning for this from the Media Authority. Since then, the Broadcasting 
Commission  has  initiated  penalty  proceedings  for  failing  to  supply  data  in  respect  of  2006. 
During this procedure Massalia submitted the data and therefore the Media Authority issued 
only a warning for not achieving the required percentage of independent productions.  

PT. Cipta Indah Strategi trading under the name Garuda TV 

This  channel  had  difficulty  in  supplying  the  requested  data  as  they  had  to  come  from 
Indonesia. A meeting was held with Garuda TV, which gave a commitment that the requested 
data will finally be supplied. 

Stichting Rotterdamse TV Producties 

Stichting  Rotterdamse  TV  Producties  submitted  no  data  on  the  channel  RNN  for  2005  and 
2006. In respect of 2005 RNN received a warning for this. Since then, the Media Authority 
has  initiated  penalty  proceedings  for  failing  to  supply  data  in  respect  of  2006.  During  this 
procedure RNN submitted the data, which indicate that it achieved the required percentages in 
2006. For 2005, no data were submitted.  

Stichting Maharishi University of Management 

These channels can be received only outside Europe. 

TV4U B.V. 

EN 

124 

   EN 

The Action Now channel was launched in mid-2006. No data were submitted for the X-zone 
channel.  The  Broadcasting  Commission  has  issued  a  warning  for  failing  to  supply  the 
requested data. 

World Made Channel 

This  channel  was  launched  in  2006  and,  because  of  its  nature,  has  been  partially  exempted 
from  the  rule  on  European  productions.  The  channel  broadcasts  home  video  programmes 
intended for the whole world. 

Arrivo on demand 

These channels were granted a partial exemption setting them a figure of 25% for European 
productions. Arrivo achieved this proportion. 

Chellomedia Programming B.V. 

These channels were granted a partial exemption setting them a figure of 10% for European 
productions. Chellomedia Programming B.V. achieved this proportion. 

Mintrade B.V. 

This channel can be received only outside Europe. 

NederSat N.V. 

NederSat NV’s three channels Full-X1, Full-X2 and Full-X3 were granted a partial exemption 
setting them a target of 25% for European productions for 2006. Full-X1, Full-X2 and Full-
X3  did  not  even  comply  with  this  lower  proportion.  Since  then,  the  broadcasts  have  been 
discontinued. The Media Authority has therefore decided to take no action. 

Stichting The World 

This channel was launched at the end of 2006. 

Sapphire Media International B.V. 

Sapphire’s  three  channels  did  not  comply  with  the  required  percentage  of  European 
productions. Sapphire gave no reasons for this. For 2005, the Broadcasting Commission has 
already  drawn  Sapphire’s  attention  to  its  shortcomings  in  this  respect.  The  Broadcasting 
Commission does not consider it appropriate to take action, however, because it does not wish 
this requirement to lead to (further) development of a European pornography industry. 

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

The average proportions of independent productions broadcast in 2005 and 2006 were 39.45% 
and 49.60% respectively. 

Sapphire’s  channels  failed  to  comply  with  the  minimum  proportion  of  independent 
productions.  This  was  because  the  quantity  of  European  productions  broadcast  was  also 
insufficient. 

EN 

125 

   EN 

Regional  public  channels  broadcast  mainly  programmes  which  do  not  count  as  part  of  the 
transmission  time  to  be  taken  into  account  and  therefore  do  not  have  to  be  reported.  Those 
programmes  are  also  repeated  on  a  revolving  basis.  Therefore,  European  productions  often 
comprise  a  single  programme  which  the  channel  itself  produces.  For  these  reasons,  in  2006 
Stichting  Omroep  Zeeland  failed  to  comply  with  the  required  proportion  of  independent 
productions. 

De  Wereldomroep  broadcasts  a  cross-section  of  Dutch-language  programmes  broadcast  on 
public  channels  in  the  Netherlands.  The  selection  criterion  is  that  programmes  must  be 
suitable  for  Dutch  people  abroad.  The  national  public  channels  broadcast  the  required 
percentage of European productions or more, thus fulfilling the objective of the Directive. 

B) Measures taken or envisaged by the Member State 

The Media Authority has initiated a number of penalty proceedings (see section A above) for 
failure to supply the requested data or for non-compliance with the required proportions. The 
Media  Authority  has  imposed  a  fine  of  SBS  €13 500  for  not  complying  with  the  required 
percentage of European productions. The Media Authority warned MTV for failing to comply 
with  the  required  percentage  of  European  productions.  Penalty  proceedings  have  been 
initiated  against  Massalia  and  Stichting  Rotterdam  TV  Producties  for  not  supplying  data  in 
respect of 2006. During these proceedings, both parties submitted the relevant data. 

Following the measures taken and planned, in the next report the Netherlands aims to achieve 
an even higher compliance rate. 

EN 

126 

   EN 

AUSTRIA 

Number of channels 

Reference period 

Monitoring method 

Total identified: 16 

2005/2006 

Covered (IND 1): 12 (2005); 
11 (2006) 

Reporting is a legal requirement; 
failure to do so incurs an 
administrative penalty 

AT 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

ORF 

ORF 1 

33.00% 

32.50%  20.20%  20.70%  14.40%  13.60% 

ORF 

ORF 2 

83.20% 

90.10%  36.90%  43.00%  25.80%  31.60% 

ORF 

Sport Plus 

NO 

EX 

NO 

EX 

NO 

EX 

ORF 

TW1 

96.10% 

96.50%  59.00%  67.10%  54.30%  56.90% 

ATV Privatfernseh-
GmbH 

ATV+ 

33.10% 

40.70%  33.10%  40.70%  90.00%  95.50% 

Sat.1 Privatrundfunk 
und Programm-
gesellschaft m.b.H. 

Sat.1 Österreich 
Fenster-
Programm 

100.00% 

100.00%  100.00%  100.00%  100.00%  100.00%

K-TV Fernseh GmbH 
& Co KEG 

K-TV 

99.00% 

99.00%  43.00%  51.00%  74.40%  82.00% 

FASHION TV 
Programm- 
gesellschaft m.b.H. 

Fashion TV 

66.60% 

66.60%  60.00%  60.00%  80.00%  80.00% 

Premiere Fernsehen 
GmbH 

Premiere 
Österreich 

42.00% 

44.00%  23.00%  23.00%  62.60%  63.50% 

EN 

127 

   EN 

 
ProSieben 
Austria GmbH 

ProSieben  
Österreich 

92.60% 

92.60%  92.60%  92.60%  100.00%  100.00%

GoTV Fernseh-GmbH 
(formerly TIV 
Kabelfernseh GmbH) 

GoTV 

70.00% 

70.00%  56.00%  56.00%  89.28%  89.00% 

MEC Sport 
und  
Entertainment 
GmbH 

Franz Ressel 
Handels GmbH 

Premiere 
Fernsehen GmbH 

Kanal Telemedial 
Privatrundfunk 
GmbH 

Mostafavi-Rad 
KEG 

RaceON TV 

EX 

EX 

EX 

EX 

EX 

EX 

INXTC TV 

20.00% 

20.00%  20.00%  20.00%  100.00%  100.00%

Blue Movie 

52.00% 

52.00% 

64.00% 

Primetime  
TV 

NO 

EX 

NO 

EX 

NO 

EX 

Firebird TV 

NO 

EX 

NO 

EX 

NO 

EX 

Compliance rate (IND 3/5) 

67% 

64% 

100% 

100% 

Average % (IND 2/4/6) 

65.63% 

68.36%  49.65%  52.19%  71.23%  73.83% 

A) Reasons given by the Member State for failing to achieve the proportions 

1. Majority proportion of European works (Article 4) 

In the case of the channel ORF 1, the ORF drew attention to the special market conditions. In 
terms  of  sporting  events  and  the  resulting  extensive  reporting  requirements  (Turin  Winter 
Olympics and football World Cup) 2006 was a special year, as the calculation cannot include 
sports reports. As a result, mainly self-produced European works were broadcast on ORF 2, 
on which the figure was 90%. Also, with a view to increasing the proportion of European and 
own productions, the ORF began a comprehensive reform in April 2007. For example, for the 
first  time  a  separate  series  of  slots  has  been  introduced  which  are  devoted  exclusively  to 
European  films.  The  range  of  measures  taken  should  therefore  significantly  increase  the 
proportion on ORF 1 in years to come. 

In  the  case  of  ATV  Privatfernseh  GmbH,  it  should  be  pointed  out  that  this  exclusively 
national private terrestrial television company is continuing to struggle with market conditions 
and, above all, with the fact that, as it is in competition with the ORF and countless German 

EN 

128 

   EN 

 
  
  
  
  
  
 
channels,  it  would  have  to  accept  considerable  losses  of  viewers  and  market  share  if  its 
programmes did not include a suitably high proportion of international (mainly US) films and 
series.  The  company  points  out  that,  regrettably,  European  productions  seldom  attract  large 
numbers of viewers. Attention was also drawn to the high licensing and co-production costs 
associated with European films, in comparison with international productions. 

Premiere  Fernsehen  GmbH  stated  that  50%  had  not  been  achieved  because  a  considerable 
number  of  programming  hours  were  devoted  to  recent  international  (above  all  US)  film 
productions,  in  consideration  of  their  success  in  cinemas.  Despite  this,  however,  this 
proportion had clearly increased compared with the previous reporting period (from 37% in 
2004 to 44% in 2006). 

Number of television channels subject to the reporting requirement 

The ORF’s SPORTPLUS channel is devoted purely to sport and, in accordance with its remit, 
focuses on sports that do not usually receive much media coverage. SPORTPLUS is therefore 
limited mainly to minority sports and, as a sports-only channel, is not subject to the reporting 
requirement. 

Kanal  Telemedial  Privatrundfunk  GmbH  has  been  broadcasting  purely  teleshopping 
programmes since July 2006 and is therefore not subject to the programme quotas. 

Mostafavi Rad KEG’s Firebird TV is a music channel broadcasting oriental music (in Arabic, 
Turkish,  Russian  and  Persian  only)  to  an  audience  in  the  Middle East,  in  particular  in  Iran, 
Iraq and Saudi Arabia. It is therefore assumed that this channel, as a special thematic channel, 
is in any case exempted from the requirement. Mostafavi Rad KEG was not authorised until 
July 2006 and was not broadcasting during the 2005 reporting period. 

MEC Sport und Entertainment GmbH broadcasts live horse racing from the United States and 
Austria (Magna Racino), without any pre-race or background reports. Only commentaries and 
race  information  (betting  and  results)  are  transmitted.  The  (encrypted)  channel  can  be 
received only at race courses and in sports cafés and betting shops. As the channel comprises 
purely sports programmes, it is exempted from the requirements of Articles 4 and 5. 

Since  November  2005,  the  erotic  channel  Blue  Movie  (broadcast  up  until  then  by  Premiere 
Fernsehen GmbH) no longer falls under Austrian jurisdiction.  

A number of channels were  not yet broadcasting during the reporting period (although they 
already  held  an  authorisation),  namely  Belagro  Medien  und  Handel  GmbH,  Alpenglühen 
Media  GmbH  and  StarSat  Werbevertriebs  GmbH.  Kanal  Telemedial  Privatrundfunk  GmbH 
did not start broadcasting until July 2006. 

Apart  from  the  broadcasters  listed  above,  a  number  of  companies  transmit  on  local  and 
regional  cable  networks.  There  are  also  a  number  of  terrestrial  broadcasters  at  local  and 
regional level. However, under Article 9 of the Directive, none of these channels is considered 
to be covered by the reporting requirement. 

EN 

129 

   EN 

POLAND 

Number of channels 

Reference period  Monitoring method 

Total identified: 55  

2005/2006 

Collection of data from broadcasters 

Covered (IND 1): 50 (2005); 
53 (2006) 

PL 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

TVP S.A.  

TVP S.A.  

TVP 1 

TVP 2 

70.00%  72.25%  25.75%  41.00%  64.75%  59.75% 

80.00%  69.50%  34.75%  33.75%  66.50%  74.00% 

TVP S.A.  

TVP 3 Białystok 

88.75%  90.25%  17.08%  13.75%  47.98%  50.75% 

TVP S.A.  

TVP 3 Bydgoszcz 

88.25%  90.00%  19.75%  14.40%  42.25%  48.98% 

TVP S.A.  

TVP 3 Gdańsk 

88.40%  88.58%  18.10%  13.88%  49.03%  48.25% 

TVP S.A.  

TVP 3 Gorzów Wlk. 87.73%  90.50%  16.55%  12.80%  43.28%  46.58% 

TVP S.A.  

TVP 3 Katowice 

88.65%  90.13%  19.80%  16.15%  50.25%  50.43% 

TVP S.A.  

TVP 3 Kielce 

88.58%  91.55%  17.03%  13.53%  48.73%  47.23% 

TVP S.A.  

TVP 3 Kraków 

92.10%  91.33%  17.20%  14.33%  46.35%  51.25% 

TVP S.A.  

TVP 3 Lublin 

88.98%  92.10%  15.78%  12.30%  44.70%  42.55% 

TVP S.A.  

TVP 3 Łódź 

88.80%  90.43%  17.20%  12.03%  44.20%  42.68% 

TVP S.A.  

TVP 3 Olsztyn 

83.73%  85.35%  16.30%  14.48%  42.38%  42.23% 

TVP S.A.  

TVP 3 Opole 

86.15%  88.85%  18.85%  13.55%  43.43%  45.40% 

TVP S.A.  

TVP 3 Poznań 

89.28%  89.15%  17.70%  13.50%  45.58%  47.45% 

TVP S.A.  

TVP 3 Rzeszów 

84.93%  90.15%  15.75%  12.38%  41.63%  38.45% 

TVP S.A.  

TVP 3 Szczecin 

88.38%  90.00%  16.95%  12.83%  44.55%  43.35% 

TVP S.A.  

TVP 3 Warszawa 

88.60%  90.13%  18.15%  14.80%  44.90%  45.53% 

EN 

130 

   EN 

 
 
 
TVP S.A.  

TVP 3 Wrocław 

88.35%  90.08%  15.48%  12.38%  41.45%  35.95% 

TVP S.A.  

TVP Polonia 

98.50%  92.75%  31.50%  35.25%  61.00%  71.50% 

TVP S.A.  

TVP Kultura 

98.50%  86.75%  23.50%  39.50%  24.50%  27.00% 

Telewizja Polsat 
S.A.  

Polsat  

65.45%  64.00%  40.35%  56.00%  75.95%  84.00% 

TVN Sp z o.o.  

TVN  

72.08%  74.93%  18.03%  22.29%  83.48%  96.83% 

Polskie Media S.A.   TV 4 

61.45%  52.29%  37.58%  41.87%  89.33%  86.67% 

Telewizja PULS Sp 
z o.o.  

PULS  

Telewizja Polsat 
S.A.  

Polsat 2  

Telewizja Polsat 
S.A.  

Telewizja Polsat 
S.A.  

Polsat Sport  

Polsat Sport 2  

Telewizja Polsat 
S.A.  

Polsat Zdrowie i 
Uroda  

Telewizja Polsat 
S.A.  

Playboy Polska 

70.10%  85.00%  56.13%  68.00%  69.48%  75.00% 

97.80%  92.00%  53.48%  72.00%  80.58%  90.80% 

91.30%  64.00%  80.03%  26.00%  97.10%  100.00% 

NO 

56.00%  NO 

30.00%  NO 

100.00% 

60.58%  80.00%  43.48%  64.00%  96.28%  83.00% 

NO 

NO 

NO 

NO 

NO 

NO 

TVN S.A.  

TVN Siedem  

23.28%  25.88%  24.58%  10.31%  56.70%  49.90% 

TVN S.A.  

TVN MED  

NO 

100.00%  NO 

0.00%  NO 

0.00% 

TVN S.A.  

TVN Style  

77.73%  92.23%  12.40%  27.95%  60.73%  65.75% 

TVN S.A.  

TVN GRA 

NO 

100.00%  NO 

0.00%  NO 

0.00% 

TVN S.A.  

TVN International 
(USA, Europe) 

97.55%  90.50%  19.85%  30.09%  82.63%  75.97% 

TVN-24 Sp z o.o.   TVN 24  

100.00%  100.00%  0.08% 

0.00% 

0.00% 

0.00% 

TVN-24 Sp z o.o.   TVN Meteo  

100.00%  100.00%  2.48% 

0.00% 

0.00% 

0.00% 

TVN Turbo Sp 
z o.o.  

TVN Turbo  

91.15%  96.45%  63.70%  75.58%  80.45%  97.00% 

EN 

131 

   EN 

Canal+Cyfrowy Sp. 
z o.o.  

Canal+Polska 

Canal+Cyfrowy Sp. 
z o.o.  

Canal+Polska Żółty

Canal+Cyfrowy Sp. 
z o.o.  

Canal+Polska 
Niebieski Sport  

Canal+Cyfrowy Sp. 
z o.o.  

Ale Kino  

Canal+Cyfrowy Sp. 
z o.o.  

Zig Zap  

Canal+Cyfrowy Sp. 
z o.o.  

Mini Mini  

Canal+Cyfrowy Sp. 
z o.o.  

PLANETE  

Fundacja LUX 
Veritatis  

TRWAM  

Wyższa Szkoła 
Społeczno-
Ekonomiczna  

EDUSAT  

44.33%  48.52%  34.73%  33.39%  77.65%  74.51% 

44.78%  48.35%  36.80%  33.26%  76.33%  78.09% 

61.90%  64.27%  14.95%  17.95%  83.65%  87.57% 

50.13%  46.45%  45.58%  39.28%  16.50%  21.61% 

54.55%  47.72%  36.45%  21.77%  57.85%  76.35% 

49.45%  58.40%  40.80%  46.35%  27.20%  37.38% 

82.65%  73.13%  51.95%  52.09%  37.15%  71.39% 

94.05%  86.75%  15.80%  10.26%  88.80%  100.00% 

100.00%  94.00%  5.00% 

2.80% 

25.00%  100.00% 

Fundacja Innowacja EDUSAT BIS  

100.00%  87.00%  5.00% 

4.50% 

25.00%  75.00% 

Fundacja Innowacja EDUSAT BIS 2  

NO 

89.99%  NO 

16.46%  NO 

100.00% 

Kino Polska TV Sp. 
z o.o.  

Kino Polska  

4fun.tv SA  

4fun.tv 

Antel Sp z o.o.  

Tele 5  

100.00%  100.00%  83.08%  83.93%  5.50% 

2.41% 

74.85%  100.00%  56.43%  0.00% 

77.38%  0.00% 

42.93%  38.00%  15.28%  6.00% 

34.40%  57.00% 

Media Biznes Sp. 
z o.o.  

TV Biznes 

TELESTAR Sp 
z o.o.  

iTV 

95.50%  100.00%  25.55%  30.00%  40.98%  100.00% 

99.73%  100.00%  4.45% 

18.00% 

100.00% 

International Movie 
Productions, TV Ltd 

Trochę Młodsza 
Telewizja (TMT) 

48.90%  81.00%  0.00% 

71.00%  0.00% 

91.00% 

EN 

132 

   EN 

  
HIPIKA TV 

SŁUŻEWIEC - 
Tory Wyścigów 
Konnych w 
Warszawie Sp. 
z o.o. 

100.00%  NO 

16.05%  NO 

100.00%  NO 

Compliance rate (IND 3/5) 

88% 

89% 

88% 

85% 

Average % (IND 2/4/6) 

80.18%  81.07%  26.66%  25.99%  52.72o% 59.18% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

European  works  accounted  for  26%  of  TVN  7’s  quarterly  transmission  time  in  2006. 
According  to  TVN  7,  the  terms  of  its  long-term  licensing  agreements  make  it  difficult  to 
achieve the target share for European works. This broadcaster informed the Polish authorities 
that it has, nevertheless, made an effort to increase the share of European works in its output 
by concluding new licensing agreements on German- and British-made series and that it has 
started producing television works targeted specifically at its own needs. It should be pointed 
out that the share of European works in TVN 7’s output continued to grow steadily in 2006 
compared  with  the  previous  reporting  periods  (26%,  as  against  18%  in  2004  and  23%  in 
2005). 

On Tele 5  European works  accounted  for 38% of quarterly transmission time  in 2006. This 
broadcaster attributes its failure to meet the target for European works to economic factors: a 
small satellite broadcaster which has to compete with an ever growing number of broadcasters 
(especially  cross-border  broadcasters  which  are  not  subject  to  Polish  law)  and  struggle  in  a 
fragmented  advertising  market  cannot  afford  to  air  the  required  share  of  European  works, 
which are more expensive than their American counterparts (particularly films which, under 
the terms of Tele 5’s broadcasting licence, take up to 40% of its transmission time). Growing 
competition  on  the  market  for  advertising  has  coincided  with  the  expiry  of  short-term 
licensing  contracts  with  European  distributors.  As  a  result,  in  order  to  preserve  its  financial 
stability,  Tele 5  has  increased  the  proportion  of  works  which  it  purchases  from  American 
distributors,  which  are  less  expensive.  Tele 5  is  currently  intensively  seeking  works  from 
European  distributors  which  are  as  cost-competitive  as  American  productions  and  which 
provide  the  appropriate  level  of  quality.  Moreover,  it  intends  to  start  making  its  own 
programmes again, which it significantly curtailed several years ago on financial grounds. 

In  2006,  shares  of  European  programmes  of  less  than  50%  were  also  reported  on  the  four 
channels  operated  by  Canal  +  Cyfrowy  Sp.  z  o.o.,  namely  Canal  +  Polska,  Canal  +  Polska 
Żółty, Ale Kino and Zig Zap, where European works accounted for between 46% and 49% of 
quarterly  transmission  time.  These  channels,  which  transmit  via  satellite  and  are  available 
exclusively on a pay-to-view basis (encrypted  broadcasts), exercise their right, under Polish 
law, to reduce the share of European works to 45% (see Article 15(4.3) of the Broadcasting 
Act  and  Article 2(2)  of  the  National  Broadcasting  Council  (KRRiT)  Regulation  of 
4 November  2004  concerning  the  low  share  of  original  television  works  produced  in  the 
Polish  language  and  European  works).  The  share  of  European  works  on  these  channels  is 
therefore in line with Polish law. 

EN 

133 

   EN 

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

The share of this category of works broadcast by Tele 5 (which, as already pointed out, is a 
satellite  broadcaster)  was  6%  in  2006.  As  with  its  failure  to  meet  the  required  share  of 
European  works,  Tele 5  attributes  its  failure  to  meet  the  required  share  of  works  by 
independent producers to its modest financial capacity. 

The  share  of  this  category  of  works  broadcast  on  the  two  educational  satellite  channels, 
EDUSAT  and  EDUSAT  BIS,  was  3%  and  5%  respectively  in  2006;  these  channels  mainly 
show  live  lectures  by  staff  of  the  Higher  School  of  Socio-Economic  Studies  (WSSE)  (the 
broadcaster) for its external students. 

The satellite channel 4fun.tv broadcast no European works by independent producers in 2006. 
The  broadcaster  explained  that  its  failure  to  achieve  the  target  stems  from  the  interactive 
nature  of  its  output,  which  mainly  comprises  videoclips,  most  of  which  are  produced  by 
independent  European  producers  but  which  do  not  constitute  independent  works  (they  form 
the  background  for  interactive  chats  between  the  channel  and  the  viewer  or  part  of  musical 
works  performed  live  with  audience  participation)  and  cannot  therefore  be  classified  as 
“works by independent producers”. 

The specialised satellite channels TVN GRA, TVN MED, TVN 24 and TVN Meteo did not, 
essentially, broadcast any works by independent producers in 2006. 

The absence of European works by independent producers and works produced during the last 
five years on TVN 24 is due to this channel’s specialised, informative/journalistic character. 
In addition to public information, this channel broadcasts journalistic programmes (comments 
on  current  affairs)  which  are  produced  exclusively  by  the  broadcaster.  TVN  24’s 
Programming Department believes that, in the case of informative and/or journalistic works, 
consideration  should  be  given  to  lowering  the  required  share  of  works  by  independent 
producers. 

Similar comments apply to TVN Meteo. 

TVN MED began broadcasting in the fourth quarter of 2006, which probably explains why it 
has not yet brought its programming into line with the requirements. 

TVN  GRA  is  a  specialised  channel  with  many  interactive  items,  i.e.  programme  content 
which is created jointly by the viewers and broadcast live. 

B) Measures taken or envisaged by the Member State 

The Chairperson of the National Broadcasting Council (KRRiT) has demanded explanations 
from  broadcasters  which  fail  to  meet  the  targets  and  has  instructed  them  to  adapt  their 
programming  to  the  requirements  of  the  Act.  If  they  continue  to  miss  their  targets,  the 
Chairperson will take the action provided for by Polish law. 

C) Further comments 

TVN MED began broadcasting in the fourth quarter of 2006. The data therefore relate only to 
that quarter. 

Hipika TV, a channel covered in the previous report, ceased broadcasting in 2006. 

EN 

134 

   EN 

Local  terrestrial  channels  (NTL  Radomsko,  Studio  Lubań-Bolesławiec,  Odra-Głogów, 
Legnica,  Lubin,  Odra-Świdnica,  Wrocław,  Opole,  Odra-Jelenia  Góra,  Odra-Gorzów  and 
Odra-Zielona Góra), which were covered in the previous report, are not covered in this one 
because they are operating under new concessions, are targeted exclusively at local audiences 
and  do  not  form  part  of  the  national  network  (within  the  meaning  of  Article 9  of  the 
Directive). 

EN 

135 

   EN 

PORTUGAL 

Number of channels 

Reference period 

Monitoring method 

Total identified: 24 

2005/2006 

Covered (IND 1): 13 

Random sampling, supplemented in 
specific cases by data provided by 
operators 

PT 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

RTP, SA 

RTP 1 

62% 

68% 

16% 

22% 

80% 

74% 

RTP, SA 

A 2 

62% 

57% 

27% 

29% 

79% 

86% 

RTP, SA 

RTP Internacional 

94% 

97% 

28% 

30% 

91% 

91% 

RTP, SA 

RTP África 

93% 

78% 

14% 

24% 

100% 

100% 

RTP, SA 

RTP N 

85% 

91% 

61% 

61% 

82% 

100% 

RTP, SA 

RTP Memória 

85% 

85% 

28% 

37% 

EX 

EX 

SIC, SA 

SIC 

46% 

51% 

13% 

41% 

93% 

96% 

SIC, SA 

SIC Internacional 

86% 

98% 

60% 

63% 

92% 

87% 

SIC, SA 

SIC Radical 

31% 

44% 

8% 

32% 

100% 

100% 

SIC, SA 

SIC Mulher 

45% 

48% 

12% 

7% 

89% 

100% 

SIC, SA 

SIC Comédia 

22% 

33% 

11% 

15% 

100% 

100% 

TVI, SA 

TVI 

61% 

63% 

SPORT TV 

EX 

EX 

8% 

EX 

9% 

EX 

76% 

88% 

EX 

EX 

SPORT TV 2 

EX 

EX 

EX 

EX 

EX 

EX 

SIC Notícias 

88% 

79% 

22% 

24% 

100% 

100% 

SPORT TV, 
SA 

SPORT TV, 
SA 

LISBOA TV, 
SA 

LISBOA TV, 
SA 

Canal Programação TV 
Cabo 

EX 

EX 

EX 

EX 

EX 

EX 

Conteúdos, 
SA 

Lusomundo Premium 

EX 

EX 

EX 

EX 

EX 

EX 

EN 

136 

   EN 

 
Conteúdos, 
SA 

Conteúdos, 
SA 

Conteúdos, 
SA 

Conteúdos, 
SA 

Conteúdos, 
SA 

Conteúdos, 
SA 

Lusomundo Gallery 

EX 

EX 

EX 

EX 

EX 

EX 

Lusomundo Action 

EX 

EX 

EX 

EX 

EX 

EX 

Cine Estreia 

EX 

EX 

EX 

EX 

EX 

EX 

Cine Êxitos 

EX 

EX 

EX 

EX 

EX 

EX 

Cine Clássicos 

EX 

EX 

EX 

EX 

EX 

EX 

Lusomundo Happy 

EX 

EX 

EX 

EX 

EX 

EX 

Avenida, SA 

Porto Canal 

NO 

NO 

NO 

NO 

NO 

NO 

Compliance rate (IND 3/5) 

69% 

77% 

85% 

85% 

Average % (IND 2/4/6) 

66.15% 68.62% 23.69% 30.31%  90.17% 93.50%

A) Reasons given by Member State for failure to achieve the proportions 

See below under (C). 

B) Measures taken or envisaged by the Member State 

See below under (C). 

C) Further comments 

1. Introduction 

In  accordance  with  Article  4(3)  of  the  Directive,  the  Portuguese  authorities  submitted  the 
following report for 2005 and 2006: 

The criteria set out in “Suggested new guidelines for monitoring application of Articles 4 and 
5 of the Television without Frontiers Directive” (Annex 1 to document COM(2000) 442 final 
of 17 July 2000 )45 have been applied. 

The percentages presented for assessing the performance of television operators in relation to 
Articles 4 and 5 of the Directive were based on sampling, in some cases supplemented by, and 
checked against, information supplied by the operators themselves. 

45 

Fourth  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”  for  1997  and 
1998. 

EN 

137 

   EN 

  
  
 
                                                 
This  report  comments  on  each  operator’s  performance  and,  where  applicable,  states  the 
measures  adopted  or  planned,  in  accordance  with  the  Commission’s  above-mentioned 
guidelines. 

2. Comments on each operator 

RTP - Radio e Televisão de Portugal SGPS SA 

The  overall  percentages  achieved  by  the  public  service  broadcaster  show  that,  as  in 
previous years, it fully complied with the programming objectives laid down in Articles 4 
and  5  of  the  Directive.  Moreover,  looking  at  each  channel  individually  —  and  bearing  in 
mind that RTP Memória is required to observe only the percentages laid down in Article 4 of 
the  Directive  and  not  those  set  in  Article  546  —  all  the  channels  operated  by  RTP  achieved 
and, in most cases, were well above the percentages applicable. 

SIC - Sociedade Independente de Comunicação SA 

Regarding European works, in 2005 the following channels did not meet the objectives laid 
down in Article 4 of the Directive: SIC (general interest), SIC Radical, SIC Mulher and SIC 
Comédia. The general interest programme did, however, achieve the percentages applicable in 
2006, when only the thematic channels SIC Radical, SIC Mulher and SIC Comédia failed to 
comply.  The  percentage  of  European  productions  broadcast  by  these  three  channels  rose 
between 2004 and 2006, particularly in the cases of SIC Radical (from 31% in 2004 to 44% in 
2006) and SIC Comédia (from 24% to 33%). 

It  should  be  added  that  European  works  accounted  for  46%  of  the  total  broadcast  by  SIC  -
Sociedade Independente  de Comunicação SA in 2005, a figure very close to the percentage 
required, and rose to 54.8% in 2006, fully meeting the objectives applicable. 

In  the  case  of  independent  works  and  recent  works,  SIC  Radical  failed  to  satisfy  the 
requirements  of  Article  5  of  the  Directive  in  2005  and  SIC  Mulher  in  2006.  For  SIC  as  a 
whole, however, the percentages achieved were well above those laid down in Article 5 of the 
Directive, both in 2005 and 2006. 

TVI - Televisão Independente SA 

During the period under review, TVI exceeded the percentages laid down in Article 4 of the 
Directive for European works. In the case of independent works there was a marked downturn 
which,  in  the  final  analysis,  led  to  failure  to  observe  Article  5  of  the  Directive.  This  was 
because TVI had acquired the companies which in earlier years had accounted for the bulk of 
the independent works it had broadcast. 

Lisboa TV - Informação e Multimédia SA 

Although SIC Notícias specialises in broadcasting news and, for that reason, is not required to 
comply with any specified proportion of European works, the percentages it achieved for the 
rest of its programmes were well above those laid down in Articles 4 and 5 of the Directive. 

46 

See the report for 2003/2004. 

EN 

138 

   EN 

                                                 
Avenida dos Aliados — Sociedade de Comunicação SA 

A new operator started broadcasting by cable and satellite in the last quarter of 2006: Porto 
Canal,  a  national,  freely  accessible,  thematic  channel  similar  to  SIC  Notícias.  Since  it  had 
been operating for such a short time, no data of any significance for the purposes of this report 
were available. 

Operators/channels exempted 

Under  Article  4(3)  of  the  Directive,  the  requirement  that  Member  States  provide  the 
Commission  with  a  report  every  two  years  applies,  in  principle,  to  “each  of  the  television 
programmes falling within the jurisdiction of the Member State concerned”. In order to clarify 
certain  concepts  in  the  Directive  and  thereby  avoid  any  differences  in  interpretation  and 
application,  the  Commission  has  already  specified,  in  apparently  categorical  terms,  the 
exceptions  to  this  requirement.  In  practice,  however,  the  Commission  also  tends  towards 
flexibility and reasonableness, as has already been pointed out by the Portuguese authorities. 
Consequently, bearing in mind that the central objective of Chapter III of the Directive is to 
ensure  development  and  use  of  creative  European  works,  the  Portuguese  authorities  believe 
that, in addition to the exemptions allowed by the Commission, other exceptions to Articles 4 
and  5  of  the  Directive  should  clearly  be  granted  for  certain  television  services  under 
Portuguese jurisdiction, inter alia on account of their specific nature, as already described in 
the 2001/2002 and 2003/2004 reports. 

The  services  concerned  are  listed  below.  Compared  with  the  previous  reporting  period,  TV 
Medicina/TV  Saúde,  TVI  Eventos  and  SMS  TV  have  ceased  to  broadcast,  whereas  Sport 
TV 2, Cine Estreia, Cine Êxitos and Cine Clássico have started transmissions. Sport TV 2 is a 
service identical to Sport TV, already described in previous reports. Cine Estreia, Cine Êxitos 
and  Cine  Clássico  transmit  on  a  pay-per-view  basis  and  share  the  same  characteristics  as 
Lusomundo  Premium,  Gallery,  Action  and  Happy  (see  the  2003/2004  report).  The  only 
difference is the type of films on offer. 

3. Final observations 

As shown above, for television operators under Portuguese jurisdiction, during the reference 
period  the  failure  to  meet  the  programme  objectives  laid  down  in  Articles  4  and  5  of  the 
Directive was limited to TVI - Televisão Independente SA (for independent productions). It 
should be pointed out that in 2005 SIC - Sociedade Independente de Comunicação SA did not 
achieve  the  percentages  specified  in  Article  4  of  the  Directive  but  that  in  2006,  in  spite  of 
three  of  its  thematic  channels  again  failing  to  attain  those  percentages,  SIC  -  Sociedade 
Independente de Comunicação as a whole did comply. Lastly, the targets for SIC Radical and 
SIC Mulher were not met in 2005 and 2006, but the operator as a whole was well above the 
percentages set. 

The Portuguese authorities take the view that these are, on the whole, good results. As regards 
the  occasional  shortcomings  noted  —  and  although  the  situation  will  continue  to  be  closely 
monitored  as  part  of  an  ongoing  dialogue  with  all  television  operators  —  the  Portuguese 
authorities prefer not to impose penalties, as they are aware that such measures may well have 
adverse  effects  on  the  operators  and  might  possibly  run  counter  to  the  objectives  of  the 
Directive. 

EN 

139 

   EN 

List of television operators/programme services considered:  

RTP - Radiotelevisão Portuguesa, SA 

1 

2 

3 

4 

5 

6 

RTP1 

A 2 

RTP Internacional 

RTP África 

RTP N 

RTP Memória 

SIC - Sociedade Independente de Comunicação, SA 

7 

8 

9 

10 

11 

SIC 

SIC Internacional 

SIC Radical 

SIC Mulher 

SIC Comédia 

TVI - Televisão Independente, SA 

Gen, Ncond, Nac, Hrtz+Cb+Sat 

Gen, Ncond, Nac, Hrtz+Cb+Sat 

Gen, Ncond, Int, Cb+Sat 

Gen, Ncond, Int, Cb+Sat 

Tem, Ncond, Nac, Cb+Sat 

Tem, Ncond, Nac, Cb+Sat 

Gen, Ncond, Nac, Hrtz+Cb+Sat 

Gen, NCond, Int, Sat 

Gen, Ncond, Nac, Cb+Sat 

Tem, Ncond, Nac, Cb+Sat 

Tem, Ncond, Nac, Cb+Sat 

12 

TVI 

Gen, Ncond, Nac, Hrtz+Cb+Sat 

Lisboa - TV - Informação e Multimédia, SA 

13 

SIC Notícias 

Tem, Ncond, Nac, Cb+Sat 

Avenida dos Aliados-Sociedade de Comunicação, SA 

14 

Porto Canal 

Tem, Ncond, Nac, Cb+Sat 

List of programme services exempted in the reporting period 

Canal Programação TV Cabo 

Canal Parlamento 

Lusomundo Premium 

Lusomundo Gallery 

Lusomundo Action 

Lusomundo Happy 

Cine Estreia 

Cine Êxitos 

Cine Clássico 

Sport TV 

Sport TV 2 

RTP Memória (in part) 

Tem, Ncond, Nac, Cb+Sat 

Tem, Ncond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Cond, Nac, Cb+Sat 

Tem, Ncond, Nac, Cb+Sat 

Key: 

Tem 

EN 

Thematic 

Int 

International coverage 

140 

   EN 

Gen 

Cond 

General interest 

Conditional access 

Ncond 

Non-conditional access 

Nac 

National coverage 

Cb 

Sat 

Hrtz 

Cable 

Satellite 

Free-to-air 

EN 

141 

   EN 

SLOVENIA 

Number of channels 

Reference period 

Monitoring method 

Total identified: 60 

2005/2006 

Annual reports by broadcasters

Covered (IND 1): 27 

SI 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster  Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Kanal A d.o.o. Kanal A 

42.50% 

45.00% 

10.20% 

11.20% 

98.1% 

97.80% 

PRO PLUS 
d.o.o. 

RTV 
Slovenija 

POP TV 

48.70% 

49.50% 

7.60% 

10.60% 

86.50% 

91.40% 

RTVSLO 

57.00% 

53.70% 

10.00% 

10.00% 

84.00% 

86.00% 

TV 3 d.o.o.  TV 3 

15.00% 

53.49% 

8.00% 

11.79% 

100.00%  6.00% 

Kabelska 
televizija 
Ormož 

KABELSKA 
TELEVIZIJA 
ORMOŽ 

EX 

EX 

EX 

EX 

EX 

EX 

Čarli 
televizijska 
dejavnost, 
d.o.o. 

Domates 
d.o.o. 

Videoprodukc
ija Martin 
Ivanuša s.p. 

VTV Studio, 
d.o.o. 

Čarli TV 

40.00% 

30.00% 

44.00% 

NC 

NC 

NC 

Sponka.tv 

NO 

NO 

NO 

NO 

NO 

NO 

TELEVIZIJA 
PTUJ 

EX 

EX 

EX 

EX 

EX 

EX 

NC 

NC 

NC 

NC 

NC 

NC 

VAŠA 
TELEVIZIJA 
(VTV) 

NAKLO 
d.o.o. 

TV LEP 
LOGATEC 

TV 
PRIMORKA 

VA VIDEO 
AUDIO FILM 
d.o.o. Nova 
Gorica 

NC 

10.00% 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

EN 

142 

   EN 

 
 
RTS 

90.00% 

90.00% 

2.00% 

5.00% 

NC 

NC 

TV AS 

NC 

NC 

NC 

NC 

NC 

NC 

TV KRŠKO 

EX 

EX 

EX 

EX 

EX 

EX 

MOJ TV 

NC 

NC 

NC 

NC 

NC 

NC 

ATV SIGNAL 
LITIJA 

9.00% 

NC 

4.00% 

NC 

NC 

100.00% 

TELE 59 
d.o.o. 

HI-FI 
Videostudio 
d.o.o. 

NEVIODUN
UM, zavod za 
kulturo in 
odnose z 
javnostmi, 
Krško 

MOJ TV 
d.o.o. 

ATV 
BABNIK & 
CO d.n.o. 
Litija 

SKYLINE 
d.o.o. 
LJUBLJANA 

STUDIO 
SIGNAL 

99.00% 

96.00% 

71.00% 

77.00% 

3.00% 

7.00% 

TV GALEJA  EX 

EX 

EX 

EX 

EX 

EX 

Vaš kanal 

EX 

EX 

EX 

EX 

EX 

EX 

TV 
GROSUPLJE 

EX 

EX 

EX 

EX 

EX 

EX 

TV 
PROMETEJ 

EX 

EX 

EX 

EX 

EX 

EX 

Zavod TV 
Galeja Ilirska 
Bistrica 

Televizija 
Novo mesto 
d.o.o. 

AVDIO 
VIDEO 
SIGNAL, 
Zorc Miran 
s.p. 

MEDIA 
TEAM 
Timotej 
Pečoler s.p. 
(Primož na 
Pohorju 73, 
Vuzenica) 

Vigred d.o.o.  TV Krpan 

EX 

EX 

EX 

EX 

EX 

EX 

Laško 

TV CELJE 
d.o.o. 

TELEVIZIJA 
CELJE 

23.00% 

73.00% 

3.00% 

14.00% 

76.00%  NC 

EN 

143 

   EN 

KANAL 10 

NC 

16.00% 

NC 

1.00% 

NC 

1.00% 

TV PIKA 

27.00% 

32.00% 

10.00% 

18.00% 

15.00% 

18.00% 

NET TV 

21.00% 

27.00% 

16.00% 

22.00% 

16.00% 

22.00% 

SAVINJSKA 
TELEVIZIJA 

EX 

EX 

EX 

EX 

EX 

EX 

TELEVIZIJA 
MEDVODE 

EX 

EX 

EX 

EX 

EX 

EX 

DEŽELNA 
TELEVIZIJA 
LOKA 

GORENJSKA 
TELEVIZIJA 
— GTV 

KANAL 3 
APAČE 

EX 

EX 

EX 

EX 

EX 

EX 

21.00% 

22.00% 

7.00% 

9.00% 

76.00% 

85.20% 

EX 

EX 

EX 

EX 

EX 

EX 

ATM TV 
Kranjska Gora 

EX 

EX 

EX 

EX 

EX 

EX 

TELEVAL 

EX 

EX 

EX 

EX 

EX 

EX 

TV IDEA - 
KANAL 10, 
d.o.o. 

Televideo 
d.o.o. 
Ljubljana 

NET TV, 
podjetje za 
proizvodnjo, 
trgovino in 
storitve, d.o.o. 

STUDIO 
FORMA 
Samo Sadnik 
s.p. (stalno 
bivališče: 
Gubčeva 8, 
3310 Žalec) 

Zavod 
Kabelska 
televizija 
Medvode 

LOKA TV, 
d.o.o. 

TELE-TV 
d.o.o. 

Video Studio 
90 - kanal 3, 
Edšidt Olga, 
s. p. 

ATM 
Elektronik 
d.o.o. 

TELEFILM, 
Silvo Lešnik, 
s.p. 

TV STUDIO 
RADGONA - 
KANAL 11, 
Jože Čosič s.p. 

TV STUDIO 
RADGONA — 
KANAL 11 
(TV SRK -11) 

EX 

EX 

EX 

EX 

EX 

EX 

VI-TEL d.o.o. VITEL 

EX 

EX 

EX 

EX 

EX 

EX 

EN 

144 

   EN 

EURO 3 TV, 
d.o.o., 
Ljubljana 

JTV d.o.o. 

AB VIDEO 
PROD-
UKCIJA, 
Anton 
Berakovič s.p. 

Občina 
Miklavž na 
Dravskem 
polju 

EPTV 

42.00% 

45.00% 

10.00% 

11.00% 

86.00% 

98.00% 

TELEVIZIJA 
ŠIŠKA 

EX 

LOKALNA TV 
TRBOVLJE 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Lokalna 
televizija 
občine Miklavž 
na Dravskem 
polju/TVM 
Miklavž 

EX 

EX 

EX 

EX 

EX 

EX 

Televizijski 
kanal Loška 
dolina 

ORON Zavod 
za obveščanje, 
raziskovanje, 
organiziranje 
in načrtovanje 

J&V d.o.o. 

TELEVIZIJA 
LJUBLJANA 

EX 

EX 

EX 

EX 

EX 

EX 

TV PAPRIKA  NC 

100.00% 

NC 

NC 

NC 

NC 

ETV 

95.00% 

100.00% 

12.00% 

14.00% 

12.00% 

14.00% 

PRIVAT 
d.o.o. 

EVJ 
Elektroprom 
d.o.o. 

AJKOM d.o.o. TV Plus 

KTV 
Dravograd 
d.o.o. 

Koroška TV 
Dravograd 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

NET XXL 

EX 

EX 

EX 

EX 

EX 

EX 

i-TV 

62.00% 

67.00% 

27.00% 

32.00% 

NC 

NC 

NET TV, 
podjetje za 
proizvodnjo, 
trgovino in 
storitve, d.o.o. 

Kabelska 
produkcija, 
družba za 
radijsko in 
televizijsko 
produkcijo 

EN 

145 

   EN 

d.o.o. 

Zavod za 
kabelsko 
televizijo in 
informiranje 
Slovenska 
Bistrica 

Prospera 
d.o.o. 

Studio Bistrica  EX 

EX 

EX 

EX 

EX 

EX 

TV Petelin 

EX 

EX 

EX 

EX 

EX 

EX 

UPC d.o.o. 

Play TV 

54.00% 

64.00% 

54.00% 

64.00% 

NC 

EX 

EX 

EX 

EX 

Veselič 
Branko, s. p. 

EX 

Skupni 
televizijski 
program občin 
Destrnik, 
Dornava, 
Gorišnica in 
Markovci-
skupni program 

NC 

EX 

Top RTV, 
Alenka 
Camlek, s.p. 

MTV Adria, 
d.o.o. 

Čarli 
televizijska 
dejavnost, 
d.o.o. 

ASPN, 
storitveno 
podjetje d.o.o. 

Koroška 
regionalna 
televizija 
družba za 
medijsko in 
propagandno 
dejavnost, 
d.o.o. 

Kabelsko-
komunikacijsk
i sistem “KKS 
Ptuj”, d.d. 

M 1, podjetje 
za trgovino, 

Top RTV 

EX 

EX 

EX 

EX 

EX 

EX 

MTV Adria  

58.00% 

62.00% 

NC 

NC 

NC 

NC 

Golica TV 

EX 

EX 

EX 

EX 

EX 

EX 

Šport klub 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Koroška 
regionalna 
televizija 

PeTV 

NC 

NC 

NC 

NC 

NC 

NC 

Vreme TV 

EX 

EX 

EX 

EX 

EX 

EX 

EN 

146 

   EN 

storitve in 
proizvodnjo, 
d.o.o. 

Planet TV 

Slovenija 
Online - SiOL 
Internet, d.o.o. 

NC 

NC 

NC 

NC 

NC 

NC 

R Kanal +, 
d.o.o. 

TV R Kanal +  NC 

10.00% 

NC 

10.00% 

NC 

100.00% 

Compliance rate (IND 3/5)  30% 

41% 

37% 

48% 

Average % (IND 2/4/6) 

47.31% 

52.28% 

18.49% 

20.04% 

55.45%  55.88% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

The  provision  of  the  Mass  Media  Law  which  implements  the  Directive  states  that 
broadcasters  which  fail  to  achieve  the  proportions  of  European  works  should  increase  the 
proportion of these works each year in comparison with the proportion of transmission time in 
the  previous  year  and  that  the  minimum  initial  proportion  must  be  twenty  per  cent  of  the 
annual transmission time. The Mass Media Law entered into force in 2001 and was revised in 
2006. The transitional period for the quota system expired at the end of 2002. The Slovenian 
authorities expect that all the broadcasters should be able to fulfil the programme quotas soon. 
There  are  two  (public  tender)  mechanisms  aimed  at  helping  broadcasters  to  achieve  this 
programme quota. 

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

See above. 

An  additional  reason  could  be  the  small  production  capacity  of  the  audiovisual  sector  in 
Slovenia, where programmes by independent producers still cost broadcasters more than other 
programmes. Slovenia did not join the Community Media Plus programme until March 2003, 
but it is expected to have positive results in terms of TV programmes too.  

B) Measures taken or envisaged by the Member State 

Two  public  tenders  are  aiming  at  helping  broadcasters  to  fulfil  the  programme  quotas.  The 
first is a public tender for media content. The second, issued annually since 2002, is a public 
tender  for  European  audiovisual  works  of  artistic  value.  The  applicants  for  this  tender  are 
independent  producers  and  television  broadcasters.  The  eligible  programmes  are  TV  drama, 
drama series, documentaries, etc. 

C) Further comments 

Sixty broadcasters are registered in Slovenia, but only a few of them play an important role in 
the  media.  These  channels  achieved  an  audience  share  of  66.9%  in  2006.  The  rest  of  the 
broadcasters  target  the  local  audience  and,  together,  achieved  18.6%.  Croatian  TV  stations 

EN 

147 

   EN 

  
  
 
took 5.6%. In 2005 only one of the main broadcasters failed to achieve the programme quotas 
specified  in  Articles  4  and  5  of  the  Directive.  That  particular  broadcaster  has  undergone 
significant changes in its ownership, which have increased the proportion of European works. 

EN 

148 

   EN 

SLOVAK REPUBLIC 

Number of channels 

Reference period 

Monitoring method 

Total identified and 
covered (IND 1): 3  

2005/2006 

Collection of data from broadcasters 

 SK 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Markiza s.r.o.  TV Markíza 

61.00% 

57.60% 

34.30%  42.50%  100.00%  100.00% 

Slovak 
Television 

STV 

68.50% 

75.80% 

23.00%  21.90%  100.00%  100.00% 

MAC-TV s.r.o.  TV JOJ 

61.90% 

53.40% 

18.89%  13.62%  100.00%  100.00% 

Compliance rate (IND 3/5) 

100% 

100% 

100% 

100% 

Average % (IND 2/4/6) 

63.80% 

62.27% 

25.40%  26.01%  100.00%  100.00%

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

In  the  reference  period,  all  the  broadcasters  concerned  exceeded  the  proportion  of 
transmission time laid down in Article 4 of the Directive. 

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

The broadcasters reported difficulties in determining the programmes created by independent 
European producers.  

In the reference period, both the private broadcasters (TV Markiza and TV JOJ) managed to 
stabilise their average annual proportion of works by independent producers at above 10%, as 
required by law.  

In the same period the public broadcaster, Slovak Television, achieved an average proportion 
of independent works above 20%, as required by law for public channels. 

B) Measures taken or envisaged by the Member State 

The  Slovak  Broadcasting  Council  has  commenced  legal  proceedings  against  the  private 
broadcaster MAC TV s.r.o. (the owner of the channel TV JOJ) for not reserving at least 50% 
of its transmission time for European works in July, August and December 2006.  

EN 

149 

   EN 

 
  
  
 
For the same reason, the Slovak Broadcasting Council has also commenced legal proceedings 
against  the  broadcaster  Markiza  —  Slovakia  s.r.o.  (the  owner  of  the  channel  TV  Markiza) 
which failed to reserve a majority proportion of its transmission time for European works in 
December 2006. These legal proceedings have not yet been concluded. 

Nevertheless,  as  an  annual  average  —  both  in  2005  and  in  2006  —  each  of  the  three 
broadcasters concerned reserved a majority proportion of its transmission time for European 
works. 

C) Further comments 

Act  No  308/2000  (Article  23(1))  places  an  obligation  on  all  broadcasters,  except  local  ones 
whose services are not part of a network (Article 28), to reserve a majority of their broadcasts 
for  European  works.  All  broadcasters  are  under  an  obligation  to  keep  statistics  on  their 
broadcasts. These statistics contain an analysis of the shares  of each  type of  programme, of 
European productions and of programmes by European independent producers. Broadcasters 
must deliver the statistics on the programme schedule for each calendar month to the Slovak 
Broadcasting Council within 15 days of the end of the month. Broadcasters with a licence to 
broadcast  on  satellite  and  cable  networks  and  broadcasters  of  encrypted  and  digital 
programmes  must  also  deliver  these  statistics  within  15  days  of  the  Broadcasting  Council’s 
request.  One  of  the  tasks  of  the  Slovak  Broadcasting  Council  is  to  compile  statistics  on 
programmes broadcast, particularly on European works and independent productions based on 
broadcasters’ data. The Broadcasting Council evaluates the data quarterly. 

The statement shows that the same share is allocated to European works made by independent 
producers and to recent European works. This is because, under Slovak law, each broadcaster 
must  achieve  the  proportion  of  broadcasting  time  allocated  to  European  works  made  by 
independent  producers  by  earmarking  an  adequate  proportion  for  recent  works.  Works  are 
considered new if they are transmitted within five years of production.  

EN 

150 

   EN 

FINLAND 

Number of channels 

Reference period 

Monitoring method 

Total identified: 11 

2005/2006 

Questionnaire 

Covered (IND 1): 9 

FI 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Yleisradio 

TV1 

TV2 

89% 

88% 

28% 

25% 

50% 

50% 

80% 

80% 

27% 

28% 

50% 

50% 

YLE Teema  86% 

85% 

48% 

43% 

50% 

50% 

FST-D 

91% 

92% 

25% 

29% 

50% 

50% 

MTV Oy 

MTV3 

49% 

46% 

27% 

26% 

90% 

96% 

SW Television Oy 

Nelonen 

51% 

54% 

36% 

44% 

100% 

100% 

Subtv Oy 

Subtv 

18% 

19% 

8% 

12% 

95% 

95% 

TV5 Finland Oy 

The Voice  100% 

100% 

100% 

100% 

100% 

100% 

TV4 Ab  

TV4 

60% 

62% 

98% 

99% 

100% 

100% 

Yleisradio 

YLE24 

EX 

Suomen 
Urheilutelevisio Oy 

Urheilukana
va 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

78% 

78% 

89% 

100% 

Average % (IND 2/4/6) 

69.33%  69.56%  44.11%  45.11%  76.11%  76.78% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

Finland has not failed to achieve this target. Only one channel, Subtv, has a rate clearly below 
the 50% required. 

Subtv’s explanation of its inability to meet the quotas and of its plans to remedy the situation 
is: 

EN 

151 

   EN 

 
  
  
  
  
  
 
“Because there is a time lag before new items can be included in the programming, we did not 
really have time to influence the selection of programmes for 2006. Firstly, the reason for the 
small quantity of programmes by European, and therefore also by independent, producers has 
been the limited supply: there have been very few programmes available addressed to Subtv’s 
main  target  group  that  have  been  both  commercially  interesting  and  attractive  to  viewers. 
Secondly, the price of a high-quality domestic programme per hour is many times higher than 
the hourly price of a foreign programme (while the programme budget is low due to the poor 
income flow).” 

B) Measures taken or envisaged by the Member State 

The following steps have been taken by the broadcaster: 

•  In  2006,  the  amount  of  domestic  programmes  was increased by 30 hours (in comparison 

with 2005). 

•  The  amount  of  British  programmes  was  increased  by  more  than  80  hours  (from  2005  to 

2006). 

•  The main focus of the Love & Anarchy film series has been on European works. 

•  The documentary slot (Sundays at 10 p.m.) has featured European documentaries only. 

Subtv is systematically working towards increasing the amounts. The purchasing department 
for  foreign  programmes  has  acquired  more  European  programmes,  including  from 
independent  producers.  The  international  markets  have  been  prospected,  for  example  in 
Southern Europe. A pet reality show, Top Dog, was acquired from an independent Swedish 
producer. In the autumn, in addition to Big Brother and other popular shows, two entirely new 
domestic shows will be launched. They will also be re-run as much as possible. 

There  will  always  be  a  delay  before  the  effects  of  purchasing  activities  are  seen  in  the 
programming, but Subtv’s aim is to meet the quotas for European and independent producers 
gradually in 2008. 

C) Further comments 

TV4 Ab is a broadcaster based in Finland but which directs its programmes to Sweden only.  

EN 

152 

   EN 

SWEDEN 

Number of channels 

Total identified: 33 

Covered (IND 1): 24 (2005); 32  
(2006) 

Reference period Monitoring method 

2005/2006 

Statements from programme companies 
concerned 

SE 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Sveriges 
Television (SVT) 

SVT1 

83.00% 

83.00% 

21.00% 

19.00% 

54.00% 

62.00% 

SVT 

SVT 

SVT2 

87.00% 

83.00% 

17.00% 

20.00% 

85.00% 

80.00% 

Barnkanalen 

65.00% 

56.00% 

31.00% 

48.00% 

37.00% 

41.00% 

SVT (40%) 

Kunskapskanalen 90.00% 

87.00% 

26.00% 

27.00% 

55.00% 

80.00% 

Utbildnings-
radion (UR) 

UR 

94.00% 

92.00% 

20.00% 

18.50% 

100.00%  100.00% 

TV4 AB 

TV4 

61.46% 

66.65% 

61.46% 

66.65% 

90.00% 

90.00% 

TV4 AB 

TV4 Plus 

53.11% 

58.40% 

53.11% 

58.40% 

70.00% 

70.00% 

TV4 AB 

TV400 

40.36% 

40.04% 

40.36% 

40.04% 

70.00% 

70.00% 

TV4 AB 

TV4 Film 

30.84% 

29.27% 

30.84% 

29.27% 

0.00% 

0.00% 

TV4 AB 

TV4 Komedi 

NO 

33.03%  NO 

33.03%  NO 

0.00% 

TV4 AB 

TV4 Guld 

NO 

24.31%  NO 

24.31%  NO 

0.00% 

C More 
Entertainment 
AB (Cmore) 

Canal+/Mix 

34.00% 

22.00% 

80.00% 

80.00% 

80.00% 

80.00% 

Cmore Ent. 

C+ Film 1 

37.00% 

29.00% 

80.00% 

80.00% 

80.00% 

80.00% 

Cmore Ent. 

C+ Film 2 

31.00% 

26.00% 

80.00% 

80.00% 

80.00% 

80.00% 

Cmore Ent. 

C+ Film 3 

31.00% 

23.00% 

80.00% 

80.00% 

80.00% 

80.00% 

Cmore Ent. 

Film HD 

NO 

14.00% 

80.00% 

80.00% 

80.00% 

80.00% 

Cmore Ent. 

Cmore 1 

24.00% 

17.00% 

80.00% 

80.00% 

80.00% 

80.00% 

EN 

153 

   EN 

 
Cmore Ent. 

Cmore 2 

24.00% 

12.00% 

80.00% 

80.00% 

80.00% 

80.00% 

TV1000 AB 

TV 1000 Family  33.00% 

20.00% 

100.00%  100.00%  65.00% 

50.00% 

TV1000 AB 

TV1000 Nordic  100.00%  100.00%  100.00%  100.00%  45.00% 

40.00% 

TV1000 AB 

TV1000 Sverige  22.00% 

25.00% 

100.00%  100.00%  80.00% 

100.00% 

TV1000 AB 

TV1000 Action  19.00% 

10.00% 

100.00%  100.00%  95.00% 

90.00% 

TV1000 AB 

TV1000 Classic  42.00% 

10.00% 

100.00%  100.00%  5.00% 

0.00% 

Axess TV 

Axess TV 

Kristen TV i 
Sverige AB 

Kanal 10 

NO 

NO 

58.00%  NO 

11.00%  NO 

4.00% 

78.20%  NO 

66.00%  NO 

40.00% 

NonStop 
Television 1.0 
AB  

NonStop 
Television 2.0 
AB 

NonStop 
Television 4.0 
AB 

Three Angels 
Lifestyle 
Television, 
Insamlings-
stiftelse 

Viasat Pay 
Channel AB 
(formerly TV6 
Sverige AB) 

Aftonbladet TV 
AB 

Star! 

EX 

EX 

EX 

EX 

EX 

EX 

Showtime 

10.70% 

11.70% 

10.70% 

11.70% 

46.00% 

40.00% 

Silver 

NO 

47.60%  NO 

47.60%  NO 

31.40% 

LifeStyleTV 

NO 

34.00%  NO 

13.00%  NO 

13.00% 

Viasat 
Nature/crime 

63.00% 

66.00% 

0.00% 

Aftonbladet TV7  NO 

73.00%  NO 

0.00% 

NO 

Di TV AB 

Di TV 

50.00% 

25.00% 

0.00% 

0.00% 

Big Brother KB  Big Brother Live  100.00%  100.00%  EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

46% 

41% 

92% 

94% 

Average % (IND 2/4/6) 

51.06% 

45.44% 

57.14%  53.12%  66.23%  55.76% 

EN 

154 

   EN 

  
  
  
  
  
  
  
  
 
A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

TV4  AB  stated  that  the  TV400  channel  was  not  launched  until  2005  and  is  therefore  still 
under construction. The proportion of European programmes is gradually increasing and the 
requirement under Article 4 is expected to be met in 2007 by increasing purchases from other 
European countries. TV4 Film is a channel specialising in feature films and “modern classics” 
and  reflects  what  has  been  on  offer  in  cinemas.  A  number  of  large-scale  purchases  of 
Scandinavian, especially Swedish, programmes were made in 2006, to be broadcast in 2006–
2011.  

NonStop  Television  AB  purchased  more  European  material  in  2006  for  its  channels 
Showtime and Silver.  

Three  Angels  Lifestyle  is  a  channel  under  construction  with  a  Christian  outlook.  The 
company states that there are not enough European programmes in line with its focus. Its own 
production  is  increasing  steadily  in  order  to  raise  the  channel’s  proportion  of  Scandinavian 
programmes.  

TV1000  AB  states  that  the  Family  and  Nordic  channels  are  intended  to  be  Scandinavian 
channels with a number of European programmes. 

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

A number of very small niche channels produce all their material themselves and sometimes 
have neither the means nor the possibility of turning to independent producers.  

Aftonbladet  TV7  is  a  channel  under  construction  focusing  on  different  types  of  news 
programmes. The remainder of its programmes are mainly self-produced magazines. 

Di  TV  AB  states  that  the  low  figures  for 2006 reflect a low proportion during spring 2006, 
whereas the figures for autumn 2006 exceeded 50%. NonStop Television AB stated that the 
company purchased more European material in 2006 but is continuously looking for suitable 
locally produced programmes.  

B) Measures taken or envisaged by the Member State 

The  method  of  collecting  statistics  on  programmes  has  been  reviewed  by  the  authority  in 
charge  of  reporting  statistical  data  from  companies.  Discussions  have  been  held  with  the 
programme companies on the basis of the data submitted.  

C) Further comments 

SVT/UR:  Kunskapskanalen  is  operated  jointly  by  SVT  (40%  of  broadcasting  time)  and  UR 
(60%). 

UR (Utbildningsradion — Educational Radio) is a public-service enterprise operating with the 
permission of the government. It does not have its own channel. It broadcasts not only on the 
Kunskapskanalen  but  also  on  SVT1  and  SVT2.  Therefore,  there  are  no  separate  audience-
share  figures  for  UR.  They  are  included  in  SVT’s  audience  shares  for  SVT1,  SVT2  and 
Kunskapskanalen. 

EN 

155 

   EN 

A  number  of  channels  that  have  indicated  low  audience  shares  or  none  at  all  did  not  start 
broadcasting until late 2006. 

A large number of feature-film channels broadcast in Sweden. For the purposes of this report, 
they are classified as niche channels. 

Two channels have been exempted since it was considered not “practically possible” for them 
to meet the requirements under Articles 4 and 5.  

•  NonStop  Television  2.0  AB:  The  Star!  channel  broadcasts  only  programmes  about  the 
Hollywood entertainment industry and reports on American stars and productions. It is not 
possible in practice for any such channel to contain anything but a very large majority of 
US-produced programmes.  

•  Big  Brother  KB  broadcast  its  reality  show  Big  Brother  Live  for  only  a  few  months  in 
spring  2005  and  2006,  24  hours  a  day.  There  was  therefore  no  scope  for  the  channel  to 
have any independent productions, since it broadcast just a single production. 

EN 

156 

   EN 

UNITED KINGDOM 

Number of channels 

Reference period  Monitoring method 

Total identified: 345  

2005/2006 

Survey 

Covered (IND 1): 274 (2005); 342 (2006)

UK 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

12 000 Feet Limited 

France 24 

NO 

100%  NO 

100%  NO 

100% 

4 Ventures Ltd 

E4 

66% 

70% 

62% 

68% 

99% 

100% 

4 Ventures Ltd 

Film 4 

38% 

43% 

8% 

9% 

35% 

20% 

4 Ventures Ltd 

Film Four Weekly  36% 

31% 

14% 

7% 

38% 

48% 

4 Ventures Ltd 

More 4 

66% 

56% 

39% 

39% 

90% 

90% 

African Broadcasting 

Bright 
Entertainment 

Al Shirkatul Islamiyyah  Muslim TV 
Ahmadiyya 
International  

Arts and Entertainment 

Performance 
Channel 

AXN Europe Limited 

AXN 

AXN Europe Limited 

AXN (Italy) 

AXN Europe Limited 

AXN Crime 

AXN Europe Limited 

AXN Sci-Fi 

AXN North Europe 

AXN (Germany, 
Switzerland, 
Austria) 

NC 

NC 

NC 

NC 

NC 

NC 

62% 

64% 

4% 

7% 

100% 

98% 

55% 

56% 

31% 

21% 

20% 

17% 

9% 

0% 

NO 

NO 

0% 

9% 

1% 

9% 

9% 

1% 

6% 

0% 

NO 

NO 

0% 

4% 

1% 

4% 

4% 

1% 

100% 

100% 

0% 

100% 

NO 

100% 

NO 

100% 

0% 

100% 

Baby Network Ltd 

Baby TV 

0% 

0% 

0% 

0% 

0% 

0% 

Baltic Media Alliance 

REN TV (Baltic 
version) 

NO 

23% 

NO 

5.01%  NO 

100% 

Bang Channels Limited  Turn on TV 2 

NO 

100%  NO 

25.51%  NO 

100% 

EN 

157 

   EN 

 
Bang Media (London) 

Turn on TV 

NO 

100%  NO 

9% 

NO 

100% 

BBC 

BBC 

BBC 

BBC 

BBC 

BBC 

BBC 

BBC 1 

BBC 2 

BBC 3 

BBC 4 

82% 

79% 

24% 

27% 

97% 

99% 

85% 

84% 

26% 

21% 

91% 

91% 

90% 

93% 

29% 

31% 

96% 

100% 

93% 

95% 

26% 

20% 

96% 

98% 

BBC News 24 

89% 

96% 

26% 

21% 

100% 

100% 

CBBC 

89% 

84% 

18% 

20% 

99% 

92% 

CBeebies 

97% 

96% 

40% 

40% 

100% 

77% 

BBC World Limited 

BBC World 

99% 

98% 

25% 

72% 

99% 

98% 

BBC Worldwide Limited  BBC Food 

68% 

61% 

11% 

14% 

80% 

81% 

Box TV Ltd 

Kerrang 

29% 

37% 

18% 

28% 

45% 

85% 

Box TV Ltd 

Box TV Ltd 

Box TV Ltd 

Kiss 

Magic 

Q 

21% 

28% 

8% 

20% 

98% 

98% 

47% 

61% 

35% 

53% 

27% 

44% 

57% 

61% 

49% 

53% 

73% 

84% 

Box TV Ltd 

Smash Hits 

48% 

68% 

38% 

60% 

83% 

82% 

Box TV Ltd 

The Box 

50% 

66% 

39% 

57% 

94% 

100% 

Box TV Ltd 

The Hits 

56% 

66% 

44% 

59% 

66% 

99% 

Broadcasting (Gaia) 

100% Babes 

39% 

34% 

39% 

33% 

100% 

100% 

Broadcasting (Gaia) 

Amateur Babes 

100% 

100% 

100% 

100% 

86% 

91% 

Broadcasting (Gaia) 

XXX TV 

13% 

19% 

13% 

19% 

100% 

100% 

Broadcasting (UK) 
Limited 

Hustler TV UK 

31% 

33% 

31% 

30% 

100% 

100% 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

18 Plus Movies 

6% 

14% 

6% 

14% 

44% 

28% 

Sky Arts 

91% 

51% 

72% 

47% 

17% 

35% 

Sky Arts HD 

NO 

51% 

NO 

47% 

NO 

35% 

Sky Box Office 

14% 

12% 

5% 

Sky Movies 
Action/Thriller 

5% 

10% 

2% 

6% 

5% 

86% 

100% 

58% 

67% 

EN 

158 

   EN 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

BSkyB 

Sky Movies 
Comedy 

Sky Movies 
Premier 

11% 

6% 

4% 

3% 

64% 

68% 

20% 

15% 

9% 

8% 

30% 

38% 

Sky One 

27% 

27% 

17% 

19% 

97% 

97% 

Sky Sports 1 

76% 

83% 

20% 

23% 

100% 

100% 

Sky Sports 2 

70% 

70% 

40% 

49% 

100% 

100% 

Sky Sports 3 

74% 

76% 

55% 

63% 

100% 

100% 

Sky Sports Extra 

77% 

72% 

55% 

58% 

100% 

100% 

Sky Sports HD 

NO 

83% 

NO 

23% 

NO 

100% 

Sky Sports HD 2  NO 

83% 

NO 

23% 

NO 

100% 

Sky Three 

67% 

71% 

49% 

53% 

87% 

88% 

Sky Travel 

71% 

72% 

42% 

54% 

69% 

71% 

Sky Two 

36% 

35% 

21% 

20% 

99% 

96% 

Sky Venue 

100% 

100% 

0% 

0% 

0% 

0% 

Business News (Europe) 
Partnership 

CNBC Europe 

30% 

49% 

24% 

16% 

100% 

100% 

Business News (Europe) 
Partnership 

CNBC Europe 
(Central) 

35% 

20% 

34% 

19% 

100% 

100% 

Carnaby Media plc 

Rockworld 

NO 

100%  NO 

0% 

NO 

0% 

Channel 4 Television 

Channel 4 

71% 

71% 

69% 

50% 

82% 

84% 

Channel M TV Ltd 

Channel M TV for 
Manchester 

NO 

83.33%  NO 

0% 

NO 

0% 

Chart Show Channels Ltd  B4 

100% 

100% 

96% 

95% 

100% 

100% 

Chart Show Channels Ltd  Bliss 

100% 

100% 

0% 

97% 

0% 

70% 

Chart Show Channels Ltd  Chart Show TV 

100% 

100% 

96% 

96% 

100% 

95% 

Chart Show Channels Ltd  Flaunt 

100% 

100% 

0% 

97% 

0% 

95% 

Chart Show Channels Ltd  POP 

41% 

32% 

15% 

27% 

0% 

0% 

Chart Show Channels Ltd  Scuzz 

100% 

100% 

0% 

94% 

0% 

95% 

Chart Show Channels Ltd  The Vault 

100% 

100% 

96% 

96% 

70% 

60% 

EN 

159 

   EN 

Chart Show Channels Ltd  Tiny Pop 

34% 

21% 

7% 

16% 

0% 

0% 

Chelsea Digital Media 

Chelsea TV 

100% 

100% 

100% 

100% 

100% 

100% 

Connection Makers 

Babeworld TV 

100% 

100% 

100% 

100% 

17% 

100% 

Definition Consultants 

Classic FM TV 

95% 

100% 

94% 

98% 

100% 

100% 

Discovery 
Communications Europe 
Ltd 

Animal Planet 
(Europe) 

Discovery 
Communications Europe 
Ltd 

Animal Planet 
(Italy) 

Discovery 
Communications Europe 
Ltd 

Animal Planet 
(Middle East) 

62% 

69% 

14% 

15% 

81% 

73% 

38% 

56% 

4% 

11% 

100% 

79% 

NO 

69% 

NO 

15% 

NO 

99% 

Discovery 
Communications Europe 
Ltd 

Animal Planet (UK)NO 

65% 

NO 

12% 

NO 

83% 

Discovery 
Communications Europe 
Ltd 

Discovery (Central 
& Eastern Europe) 

Discovery 
Communications Europe 
Ltd 

Discovery (Middle 
East, Africa and 
Turkey) 

Discovery 
Communications Europe 
Ltd 

Discovery Channel 
(Italy) 

Discovery 
Communications Europe 
Ltd 

Discovery Channel 
(UK) 

Discovery 
Communications Europe 
Ltd 

Discovery Channel 
(Benelux) 

Discovery 
Communications Europe 
Ltd 

Discovery Channel 
(Nordic) 

Discovery 
Communications Europe 
Ltd 

Discovery Channel 
France 

49% 

45% 

11% 

6% 

88% 

96% 

47% 

45% 

13% 

9% 

83% 

81% 

NO 

44% 

NO 

7% 

NO 

90% 

NO 

28% 

NO 

5% 

NO 

93% 

NO 

44% 

NO 

5% 

NO 

92% 

NO 

43% 

NO 

4% 

NO 

91% 

42% 

31% 

4% 

2% 

96% 

96% 

Discovery 
Communications Europe 

Discovery 
Civilisation 

57% 

58% 

21% 

12% 

52% 

8% 

EN 

160 

   EN 

Ltd 

(Europe) 

Discovery 
Communications Europe 
Ltd 

Discovery 
Civilisation 
(Middle East) 

Discovery 
Communications Europe 
Ltd 

Discovery 
Civilisation (UK) 

Discovery 
Communications Europe 
Ltd 

Discovery 
Civilisation 
Channel (Italy) 

NO 

41% 

NO 

13% 

NO 

19% 

NO 

72% 

NO 

16% 

NO 

51% 

38% 

55% 

14% 

10% 

55% 

31% 

Discovery 
Communications Europe 
Ltd 

Discovery HD 

NO 

18% 

NO 

5% 

NO 

70% 

Discovery 
Communications Europe 
Ltd 

Discovery HD 
Europe 

Discovery 
Communications Europe 
Ltd 

Discovery Home 
and Health 

NO 

29% 

NO 

3% 

NO 

100% 

63% 

69% 

16% 

17% 

100% 

100% 

Discovery 
Communications Europe 
Ltd 

Discovery Kids 

39% 

57% 

16% 

15% 

86% 

99% 

Discovery 
Communications Europe 
Ltd 

Discovery Real 
Time 

Discovery 
Communications Europe 
Ltd 

Discovery Real 
Time (France) 

Discovery 
Communications Europe 
Ltd 

Discovery Real 
Time (Italy) 

Discovery 
Communications Europe 
Ltd 

Discovery Real 
Time Extra 

Discovery 
Communications Europe 
Ltd 

Discovery Science 
(Europe & Middle 
East)  

Discovery 
Communications Europe 
Ltd 

Discovery Science 
(UK) 

74% 

63% 

20% 

17% 

88% 

74% 

59% 

54% 

0% 

2% 

100% 

67% 

79% 

70% 

7% 

19% 

14% 

75% 

84% 

71% 

48% 

33% 

93% 

60% 

50% 

59% 

29% 

33% 

70% 

16% 

NO 

40% 

NO 

13% 

NO 

39% 

EN 

161 

   EN 

Discovery 
Communications Europe 
Ltd 

Discovery Science 
Channel (Italy) 

44% 

46% 

25% 

15% 

53% 

27% 

Discovery 
Communications Europe 
Ltd 

Discovery 
Communications Europe 
Ltd 

Discovery 
Communications Europe 
Ltd 

Discovery 
Communications Europe 
Ltd 

Discovery Travel & 
Living 

N/Op 

76% 

N/Op 

11% 

N/Op 

68% 

Discovery Travel & 
Living (Europe) 

71% 

66% 

26% 

27% 

91% 

20% 

Discovery Travel & 
Living (Italy) 

60% 

43% 

28% 

8% 

80% 

3% 

Discovery Turbo 

58% 

66% 

21% 

19% 

80% 

87% 

Discovery Historia Ltd 

Discovery Historia  NO 

59% 

NO 

9% 

NO 

51% 

Dolphin Broadcast 
Services Limited 

Dolphin Broadcast 
Services Limited 

ACTIONMAX 

70% 

12% 

0% 

12% 

0% 

11% 

Movies4Men 

70% 

12% 

0% 

12% 

0% 

11% 

E! Entertainment UK 

E! 

14% 

7% 

14% 

7% 

52% 

25% 

E! Entertainment UK 

E! Entertainment UK 

E! Entertainment UK 

E! Entertainment 
Television (France)

E! Entertainment 
Television (Italy) 

E! Entertainment 
Television (UK & 
Ireland) 

NO 

12% 

NO 

12% 

NO 

62% 

15% 

17% 

15% 

17% 

55% 

73% 

NO 

14% 

NO 

14% 

NO 

37% 

Education Digital 
Management Ltd 

Enteraction TV Learning 
Ltd 

Teachers’ TV 

95% 

92% 

62% 

70% 

100% 

100% 

My Channel 

NO 

80% 

NO 

0% 

NO 

0% 

Escape Channel Ltd 

Lucky Star 

100% 

100% 

38% 

100% 

100% 

100% 

Eternal World TV 
Network Ltd 

European Channel 
Broadcasting Ltd 

EWTN 

20% 

20% 

7% 

10% 

84% 

56% 

BBC Prime 

100% 

100% 

11% 

14% 

61% 

59% 

EN 

162 

   EN 

Five 

Five 

Five 

Channel 5 

52% 

58% 

94% 

53% 

71% 

57% 

Five Life 

NO 

59% 

NO 

16% 

NO 

100% 

Five US 

NO 

51% 

NO 

48% 

NO 

100% 

Flextech TV Ltd 

Flextech TV Ltd 

“ftn” 

Bravo 

61% 

67% 

33% 

62% 

100% 

38% 

59% 

54% 

41% 

43% 

97% 

57% 

Flextech TV Ltd 

Bravo 2 

NO 

73% 

NO 

63% 

NO 

31% 

Flextech TV Ltd 

Challenge 

83% 

91% 

75% 

82% 

29% 

11% 

Flextech TV Ltd 

Living TV 

44% 

47% 

36% 

35% 

46% 

39% 

Flextech TV Ltd 

Living TV 2 

70% 

59% 

59% 

49% 

34% 

31% 

Flextech TV Ltd 

Trouble 

43% 

43% 

29% 

29% 

43% 

43% 

Fox International Ch (UK) 
Ltd 

f/x Channel 

9% 

9% 

8% 

9% 

11% 

2% 

Fox International Ch (UK) 
Ltd 

FX+ 

NO 

9% 

NO 

9% 

NO 

2% 

Front Row TV Ltd 

Front Row 

14% 

19% 

0% 

0% 

0% 

0% 

GMTV 

GMTV1 

78% 

70% 

24% 

20% 

100% 

94% 

Grimsby Institute 

Propeller 

100% 

100% 

100% 

100% 

100% 

100% 

Hellenic TV Ltd 

Hellenic TV 

100% 

100% 

26% 

16% 

81% 

70% 

Hollywood Classics 
Movies Ltd 

DoveVision TV 

NC 

0% 

NC 

0% 

NC 

0% 

Hollywood TV Limited  Hollywood TV 

100% 

100% 

57% 

100% 

100% 

100% 

Information TV Ltd 

Information TV 

100% 

69% 

100% 

69% 

100% 

100% 

Information TV Ltd 

Info TV 2 

N/Op 

88% 

N/Op 

88% 

N/Op 

100% 

Islam Channel Limited 

Islam Channel 

83% 

83% 

1% 

Islam Channel Plus Ltd  Unity TV 

NO 

35% 

NO 

1% 

0% 

100% 

100% 

NO 

0% 

ITV plc 

ITV plc 

CITV 

NO 

66% 

NO 

20% 

NO 

80% 

Granada Men + 
Motors 

77% 

75% 

18% 

24% 

100% 

100% 

ITV plc 

ITV1 

82% 

89% 

40% 

33% 

62% 

98% 

EN 

163 

   EN 

ITV plc 

ITV plc 

ITV plc 

ITV2 

ITV3 

ITV4 

56% 

59% 

15% 

17% 

100% 

100% 

60% 

66% 

9% 

23% 

26% 

2% 

9% 

3% 

77% 

75% 

100% 

100% 

Jetix Europe Limited 

Jetix 

54% 

58% 

19% 

16% 

84% 

40% 

Jetix Europe Limited 

Jetix (FKU) 

60% 

60% 

29% 

19% 

595 

31% 

Jetix Europe Limited 

Jetix CEE 

58% 

67% 

12% 

36% 

0% 

0% 

Jetix Europe Limited 

Jetix Poland 

45% 

52% 

20% 

12% 

63% 

52% 

Jetix Europe Limited 

Jetix Scandinavia  58% 

57% 

27% 

26% 

56% 

42% 

Jetix Europe Limited 

Jetix UK 

32% 

39% 

16% 

20% 

91% 

53% 

JimJam TV Limited 

JimJam 

NO 

62% 

NO 

62% 

NO 

16% 

Kanal 5 Limited 

Kanal 5 

19% 

18% 

18% 

15% 

100% 

81% 

Kanal 5 Limited 

Kanal 9 

NO 

87% 

NO 

67% 

NO 

9% 

Life One Broadcasting 

Life TV 

43% 

43% 

43% 

40% 

61% 

97% 

Life Showcase Limited 

Life Showcase 
Limited 

47% 

51% 

47% 

15% 

70% 

30% 

Life Two Broadcasting 

Life 24 

43% 

44% 

43% 

41% 

61% 

93% 

London International TV 
Ltd 

The Business 
Channel 

N/Op 

100%  N/Op 

0% 

N/Op 

0% 

Loveworld Ltd 

Loveworld TV 

29% 

9% 

29% 

4% 

100% 

100% 

MacAnthony Realty 
International Ltd 

Overseas property  NO 

100%  NO 

100%  NO 

100% 

Majestiv TV Ltd 

Psychic TV 

88% 

63% 

88% 

30% 

100% 

100% 

Manchester United TV Ltd MUTV 

100% 

100% 

0% 

Moving Movies Limited  True Movies 

17% 

16% 

2% 

Moving Movies Limited  True Movies 2 

NO 

17% 

NO 

MTV Networks Europe  Comedy Central 

NO 

9% 

NO 

Polsk 

0% 

3% 

3% 

1% 

0% 

0% 

NO 

0% 

0% 

0% 

NO 

100% 

MTV Networks Europe  MTV (Ireland) 

42% 

45% 

24% 

27% 

100% 

64% 

MTV Networks Europe  MTV Base 

46% 

40% 

43% 

35% 

100% 

100% 

EN 

164 

   EN 

MTV Networks Europe  MTV Dance 

76% 

69% 

44% 

14% 

100% 

100% 

MTV Networks Europe  MTV Denmark 

43% 

59% 

39% 

55% 

100% 

100% 

MTV Networks Europe  MTV España 

79% 

65% 

26% 

46% 

100% 

100% 

MTV Networks Europe  MTV Europe 

62% 

40% 

33% 

37% 

100% 

100% 

(North) 

MTV Networks Europe  MTV Finland 

39% 

44% 

30% 

37% 

100% 

100% 

MTV Networks Europe  MTV Flux 

NO 

54% 

NO 

48% 

NO 

100% 

MTV Networks Europe  MTV France 

85% 

66% 

43% 

51% 

100% 

100% 

MTV Networks Europe  MTV Hits 

71% 

58% 

41% 

55% 

100% 

100% 

MTV Networks Europe  MTV Idol 

88% 

52% 

88% 

51% 

100% 

100% 

MTV Networks Europe  MTV Music 

NO 

71% 

NO 

71% 

NO 

100% 

MTV Networks Europe  MTV Nordic 

NO 

46% 

NO 

29% 

NO 

100% 

(Sweden) 

MTV Networks Europe  MTV Norway 

37% 

37% 

27% 

24% 

100% 

100% 

MTV Networks Europe  MTV Polska 

77% 

17% 

66% 

8% 

100% 

100% 

MTV Networks Europe  MTV Portugal 

21% 

45% 

17% 

42% 

100% 

100% 

MTV Networks Europe  MTV Pulse 

81% 

57% 

81% 

57% 

100% 

100% 

MTV Networks Europe  MTV UK 

42% 

45% 

24% 

27% 

100% 

100% 

MTV Networks Europe  MTV2 

54% 

65% 

15% 

55% 

100% 

100% 

MTV Networks Europe  Nickelodeon 

5% 

12% 

0% 

0% 

0% 

100% 

(France) 

MTV Networks Europe  Nickelodeon 

10% 

26% 

10% 

16% 

100% 

100% 

Europe 

MTV Networks Europe  Nickelodeon 

21% 

26% 

21% 

16% 

100% 

100% 

Portugal 

MTV Networks Europe  Nickelodeon 
Scandinavia 

42% 

28% 

42% 

4% 

100% 

100% 

MTV Networks Europe  TMF 

53% 

58% 

47% 

46% 

100% 

100% 

MTV Networks Europe  VH1 

24% 

50% 

10% 

41% 

100% 

100% 

MTV Networks Europe  VH1 Export 

32% 

34% 

31% 

32% 

100% 

100% 

EN 

165 

   EN 

MTV Networks Europe  VH1 Classic 

29% 

43% 

25% 

36% 

100% 

100% 

MTV Networks Europe  VH1 Europe 

85% 

25% 

85% 

24% 

100% 

100% 

Classics 

MTV Networks Europe  VH1 Polska 

57% 

35% 

57% 

35% 

100% 

100% 

MTV Networks Europe  Viva Polska 

60% 

66% 

53% 

1% 

100% 

100% 

Music Choice Europe 

Music Choice 

100% 

100% 

100% 

100% 

100% 

100% 

NGC-UK Partnership 

NGC-UK Partnership 

NGC-UK Partnership 

NGC-UK Partnership 

National 
Geographic 
Channel 

National 
Geographic 
Channel - Central 
Europe 

National 
Geographic 
Channel Benelux 

National 
Geographic 
Channel HD 

33% 

38% 

30% 

36% 

80% 

92% 

43% 

44% 

39% 

40% 

87% 

92% 

41% 

40% 

37% 

38% 

80% 

88% 

NO 

45% 

NO 

44% 

NO 

82% 

NGC-UK Partnership 

Wild 

45% 

39% 

25% 

26% 

67% 

88% 

Nickelodeon UK Limited  Nick Jr 

45% 

52% 

38% 

44% 

51% 

60% 

Nickelodeon UK Limited  Nick Jr (Eire) 

45% 

52% 

38% 

44% 

51% 

60% 

Nickelodeon UK Limited  Nick Jr 2 

NO 

71% 

NO 

57% 

NO 

66% 

Nickelodeon UK Limited  Nickelodeon 

24% 

27% 

14% 

23% 

81% 

24% 

Nickelodeon UK Limited  Nickelodeon (Eire) 24% 

27% 

14% 

23% 

81% 

24% 

Nickelodeon UK Limited  Nicktoons 

18% 

22% 

18% 

22% 

81% 

91% 

Nickelodeon UK Limited  Nicktoons TV 

18% 

22% 

18% 

22% 

81% 

91% 

OBE TV Limited 

OBE 

NC 

NC 

NC 

NC 

NC 

NC 

On Demand Management 
Ltd 

Select Kino 

NO 

33% 

NO 

33% 

NO 

100% 

Open Access Group Ltd  Open Access 

51% 

100% 

9% 

94% 

100% 

100% 

Open Access Group Ltd  Open Access 2 

75% 

100% 

25% 

87% 

100% 

100% 

Paramount UK Partnership Paramount Comedy 13% 

29% 

4% 

10% 

81% 

59% 

EN 

166 

   EN 

Paramount UK Partnership Paramount Comedy 

47% 

53% 

33% 

15% 

35% 

33% 

2 

Paramount UK Partnership Paramount Comedy 

15% 

29% 

6% 

10% 

81% 

59% 

Ireland 

Passion Broadcasting 

Passion TV 

NC 

80% 

NC 

10% 

NC 

100% 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Playboy TV UK/Benelux 
Ltd 

Climax 1 

99% 

84% 

81% 

80% 

100% 

91% 

Climax 2 

99% 

89% 

78% 

87% 

100% 

86% 

Climax 3 

99% 

90% 

78% 

86% 

100% 

82% 

Playboy 

0% 

4% 

0% 

3% 

0% 

24% 

Playboy (France) 

2% 

8% 

2% 

7% 

67% 

71% 

Playboy One 

24% 

36% 

24% 

24% 

79% 

91% 

Playboy TV 

44% 

42% 

44% 

42% 

77% 

69% 

Spice Extreme 

50% 

30% 

30% 

25% 

77% 

94% 

The Adult Channel 52% 

53% 

41% 

36% 

88% 

77% 

Trade.TV 

NO 

30% 

NO 

30.35%  NO 

99% 

Portland Enterprises (C.I.) 
Ltd 

Television X - The 
Fantasy Channel 
(UK) 

54% 

84% 

12% 

84% 

100% 

75% 

Portland Enterprises (C.I.) 
Ltd 

Portland Enterprises (C.I.) 
Ltd 

Portland Enterprises (C.I.) 
Ltd 

Television X 2 

42% 

84% 

42% 

84% 

100% 

70% 

Television X 3 

33% 

100% 

17% 

100% 

100% 

100% 

Television X 4 

43% 

51% 

41% 

51% 

100% 

100% 

R Music Limited 

Genesis 

NO 

100%  NO 

85.09%  NO 

100% 

Rapture TV plc 

Rapture TV 

NC 

NC 

NC 

NC 

NC 

NC 

EN 

167 

   EN 

Real Estate TV Ltd 

Real Estate TV 

NC 

52% 

NC 

37.5%  NC 

1005 

Revelation TV Ltd 

Revelation 

90% 

50% 

45% 

50% 

100% 

100% 

RHF Productions Ltd 

Fantasy 1 

100% 

94% 

100% 

94% 

100% 

67% 

RHF Productions Ltd 

Fantasy 2 

53% 

94% 

53% 

94% 

100% 

64% 

RHF Productions Ltd 

Gay TV 

67% 

65% 

19% 

63% 

100% 

66% 

RHF Productions Ltd 

Only 18 

49% 

89% 

49% 

89% 

68% 

66% 

RHF Productions Ltd 

Private 

NO 

100%  NO 

100%  NO 

100% 

RHF Productions Ltd 

Private 2 

NO 

100%  NO 

100%  NO 

100% 

RHF Productions Ltd 

Red Hot 40+ 

67% 

100% 

67% 

100% 

100% 

100% 

RHF Productions Ltd 

Red Hot All Girl 

47% 

86% 

47% 

84% 

59% 

67% 

RHF Productions Ltd 

Red Hot Amateur  73% 

100% 

73% 

100% 

76% 

100% 

RHF Productions Ltd 

Red Hot Rears 

81% 

85% 

81% 

84% 

100% 

70% 

RHF Productions Ltd 

Red Hot Wives 

49% 

100% 

49% 

100% 

62% 

100% 

S4C 

S4C Digital 

98% 

99% 

75% 

84% 

85% 

76% 

Satellite Entertainment Ltd 18plusXXX 

52% 

NO 

82% 

NO 

69% 

NO 

Satellite Entertainment Ltd SportXXX 40+ 

NO 

90% 

NO 

51.81%  NO 

100% 

Wives 

Satellite Entertainment Ltd SportXXXBabes  NO 

59% 

NO 

89.75%  NO 

58% 

Satellite Entertainment Ltd SportXXXGirls 

NO 

90% 

NO 

59.16%  NO 

88% 

Satellite Entertainment Ltd SportXXXWives 

57% 

NO 

65% 

NO 

74% 

NO 

SBS Broadcasting 
Network 

SBS Broadcasting 
Network 

33% 

60% 

12% 

17% 

100% 

100% 

SBS Broadcasting 
Network 

The Voice TV 
(Norway) 

SBS Broadcasting 
Network 

The Voice TV 
(Sweden) 

34% 

47% 

12% 

9% 

100% 

100% 

36% 

47% 

13% 

7% 

100% 

100% 

SBS Danish TV Ltd 

Kanal 4 

NO 

31% 

NO 

30.1%  NO 

100% 

SBS Danish TV Ltd 

Kanal 5 Denmark  10% 

8% 

10% 

8% 

100% 

100% 

Sci Fi Channel Europe 
LLC 

Sci Fi TV 

13% 

17% 

13% 

17% 

84% 

77% 

EN 

168 

   EN 

Sci Fi Channel Europe 
LLC 

Sci Fi Channel 
Europe 

10% 

6% 

1% 

2% 

39% 

67% 

Sparrowhawk 
Entertainment Ltd 

Hallmark Channel  N/Op 

14% 

N/Op 

5% 

N/Op 

81% 

Sparrowhawk 
Entertainment Ltd 

Hallmark Channel 
(Central Europe) 

Sparrowhawk 
Entertainment Ltd 

Hallmark Channel 
(Czech Republic) 

Sparrowhawk 
Entertainment Ltd 

Hallmark Channel 
(Italy) 

Sparrowhawk 
Entertainment Ltd 

Hallmark Channel 
(Scandilux) 

19% 

13% 

4% 

4% 

89% 

71% 

15% 

8% 

4% 

3% 

82% 

100% 

11% 

6% 

3% 

2% 

95% 

100% 

19% 

16% 

6% 

5% 

80% 

75% 

13% 

15% 

10% 

13% 

97% 

88% 

Hallmark 
Entertainment 
Network (UK) 

Movies 24 

NO 

6% 

NO 

6% 

NO 

100% 

Movies 24 + 

NO 

8% 

NO 

8% 

NO 

100% 

Sparrowhawk 
Entertainment Ltd 

Sparrowhawk 
Entertainment Ltd 

Sparrowhawk 
Entertainment Ltd 

Telecoms TV Limited 

Friendly TV 

100% 

100% 

53% 

100% 

100% 

100% 

The Baby Channel Ltd 

The Baby Channel  100% 

100% 

0% 

0% 

0% 

0% 

The Community Channel 
Ltd 

The Community 
Channel 

100% 

100% 

70% 

73% 

100% 

100% 

The History Channel (UK) Crime & 

NO 

9% 

NO 

2% 

NO 

76% 

Investigation 
Network 

The History Channel (UK) History Channel 

NO 

1% 

NO 

1% 

NO 

100% 

HD 

The History Channel (UK) The Biography 

21% 

12% 

6% 

3% 

32% 

40% 

Channel 

The History Channel (UK) The History 

20% 

23% 

6% 

5% 

10% 

51% 

Channel 

The Optimistic Network  Bonanza 

NC 

NO 

NC 

NO 

NC 

NO 

The TV Group Ltd 

XplicitXXX 

100% 

100% 

100% 

100% 

100% 

100% 

The Walt Disney 
Company 

ABC 1 

20% 

13% 

0% 

1% 

0% 

100% 

EN 

169 

   EN 

The Walt Disney 
Company 

Disney Channel 

9% 

32% 

0% 

0% 

100% 

86% 

The Walt Disney 
Company 

Disney Channel 
Middle East 

0% 

91% 

0% 

0% 

0% 

100% 

The Walt Disney 
Company 

The Walt Disney 
Company 

Disney Cinemagic  32% 

32% 

0% 

0% 

52% 

100% 

Playhouse Disney  45% 

58% 

4% 

13% 

43% 

82% 

The Walt Disney 
Company 

Playhouse Disney 
(Scandinavia) 

NO 

100%  NO 

0% 

NO 

0% 

The Walt Disney 
Company 

The Walt Disney 
Company 

Travel Channel 
International Ltd 

The Disney 
Channel 
Scandinavia 

Toon Disney 
Scandinavia 

90% 

86% 

0% 

0% 

100% 

100% 

100% 

100% 

0% 

0% 

0% 

0% 

The Travel Channel 73% 

51% 

20% 

10% 

55% 

100% 

Travel Channel 
International Ltd 

Travel - Polish 
service 

73% 

55% 

20% 

15% 

55% 

100% 

TTV2 Limited 

Ontv 

NO 

0% 

NO 

0% 

NO 

0% 

Turner Entertainment 
Networks International 
Ltd 

Boomerang 
(French) 

Turner Entertainment 
Networks International 
Ltd 

Boomerang 
(German) 

Turner Entertainment 
Networks International 
Ltd 

Boomerang 
(Italian) 

NO 

27% 

NO 

22% 

NO 

29% 

NO 

8% 

NO 

0% 

NO 

0% 

24% 

21% 

0% 

0% 

0% 

0% 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Boomerang (Pan-
European) 

7% 

8% 

0% 

3% 

0% 

0% 

Boomerang (Spain) 22% 

23% 

17% 

16% 

0% 

0% 

Cartoon Network 
(EMEA) 

32% 

21% 

9% 

6% 

58% 

44% 

EN 

170 

   EN 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Cartoon Network 
(French language) 

Cartoon Network 
(Germany) 

Cartoon Network 
(Italian) 

Cartoon Network 
(Nordic) 

Cartoon Network 
(Spanish language)

Cartoon Network 
Too 

Cartoon Network 
UK 

Cartoon 
Network/Turner 
Classic Movies 
(CEE) 

Turner Entertainment 
Networks International 
Ltd 

Cartoon Networks 
Boomerang 

Turner Entertainment 
Networks International 
Ltd 

TCM (French 
language) 

31% 

31% 

8% 

13% 

0% 

37% 

NO 

67% 

NO 

0% 

NO 

0% 

45% 

40% 

6% 

2% 

39% 

0% 

33% 

30% 

20% 

14% 

50% 

94% 

37% 

34% 

8% 

5% 

56% 

98% 

NO 

6% 

NO 

1% 

NO 

100% 

47% 

49% 

39% 

43% 

50% 

41% 

18% 

22% 

6% 

3% 

6% 

99% 

34% 

43% 

29% 

37% 

1% 

3% 

39% 

39% 

7% 

7% 

15% 

20% 

Turner Entertainment 
Networks International 
Ltd 

TCM (Germany)  NO 

18% 

NO 

18% 

NO 

0% 

Turner Entertainment 
Networks International 
Ltd 

TCM (Spanish 
language) 

Turner Entertainment 
Networks International 
Ltd 

TCM (Turner 
Classic Movies) 

45% 

46% 

45% 

46% 

0% 

0% 

37% 

38% 

37% 

2% 

0% 

89% 

Turner Entertainment 

TCM Pan-European 34% 

33% 

34% 

1% 

0% 

78% 

EN 

171 

   EN 

Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

Turner Entertainment 
Networks International 
Ltd 

TCM2 

NO 

32% 

NO 

4% 

NO 

100% 

Toonami 

12% 

23% 

6% 

18% 

88% 

70% 

TV Legal Ltd 

Legal TV 

NO 

100%  NO 

20% 

NO 

0% 

UKTV 

UKTV 

UKTV 

UKTV 

UKTV 

UKTV 

UKTV 

UKTV 

UKTV 

UKTV 

UK Bright Ideas 

100% 

95% 

85% 

66% 

77% 

80% 

UK Food 

87% 

72% 

62% 

35% 

63% 

45% 

UK Gold 2 

99% 

88% 

42% 

19% 

47% 

59% 

UK History 

78% 

83% 

14% 

16% 

33% 

74% 

UKTV 
Documentary 

92% 

86% 

13% 

19% 

18% 

31% 

UKTV Drama 

96% 

84% 

9% 

4% 

77% 

18% 

UKTV Gardens 

100% 

96% 

34% 

34% 

95% 

74% 

UKTV Gold 

90% 

76% 

13% 

13% 

21% 

37% 

UKTV People 

84% 

82% 

9% 

10% 

52% 

63% 

UKTV Style 

79% 

71% 

36% 

20% 

88% 

90% 

United Christian 
Broadcasters Ltd 

UCBTV 

37% 

75% 

37% 

25% 

100% 

100% 

Viasat Broadcasting UK 
Ltd 

3+ 

19% 

25% 

10% 

1% 

100% 

100% 

Viasat Broadcasting UK 
Ltd 

Viasat Broadcasting UK 
Ltd 

Viasat Broadcasting UK 
Ltd 

Viasat Broadcasting UK 
Ltd 

3+ (Baltics) 

56% 

56% 

0% 

1% 

0% 

0% 

TV3 Denmark 

19% 

22% 

9% 

12% 

100% 

100% 

TV3 Norway 

18% 

17% 

8% 

7% 

100% 

100% 

TV3 Sweden 

24% 

21% 

15% 

12% 

100% 

100% 

Viasat Broadcasting UK 
Ltd 

TV6 

53% 

35% 

8% 

14% 

100% 

99% 

EN 

172 

   EN 

Viasat Broadcasting UK 
Ltd 

TV8 

81% 

91% 

39% 

48% 

100% 

100% 

Viasat Broadcasting UK 
Ltd 

Viasat Broadcasting UK 
Ltd 

Viasat Explorer 

49% 

56% 

0% 

0% 

0% 

100% 

Viasat History 

88% 

88% 

0% 

0% 

0% 

0% 

Viasat Broadcasting UK 
Ltd 

ZTV 

NO 

75% 

NO 

1% 

NO 

100% 

Viasat Broadcasting UK 
Ltd 

ZTV Norway 

48% 

47% 

0% 

1% 

100% 

100% 

Video Interactive TV 

Channel U 

Video Interactive TV 

Fizz 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

Volkswagen Group United 
Kingdom Ltd 

Audi Channel 

100% 

100% 

23% 

100% 

100% 

100% 

You TV Plc 

Sumo TV 

100% 

100% 

0% 

0% 

0% 

0% 

Zonemedia Broadcasting 
Ltd 

Zone Club 
(Hungary) 

Zonemedia Broadcasting 
Ltd 

Zone Club (Pan-
European) 

55% 

77% 

37% 

6% 

51% 

100% 

72% 

91% 

49% 

12% 

36% 

100% 

Zonemedia Broadcasting 
Ltd 

Zonemedia Broadcasting 
Ltd 

Zonemedia Broadcasting 
Ltd 

Zonemedia Broadcasting 
Ltd 

Zone Club (Poland) 64% 

58% 

37% 

26% 

54% 

60% 

Zone Europa 

2% 

1% 

1% 

1% 

25% 

39% 

Zone Fantasy 

NO 

10% 

NO 

0% 

NO 

0% 

Zone Horror 

3% 

8% 

3% 

1% 

0% 

0% 

Zonemedia Broadcasting 
Ltd 

Zone Horror 
(Netherlands) 

NO 

13% 

NO 

6% 

NO 

0% 

Zonemedia Broadcasting 
Ltd 

Zone Reality 

23% 

13% 

0% 

0% 

0% 

0% 

Zonemedia Broadcasting 
Ltd 

Zone Reality 
(EMEA 2) 

18% 

9% 

0% 

0% 

0% 

0% 

Zonemedia Broadcasting 
Ltd 

Zone Reality (UK)  8% 

6% 

0% 

0% 

0% 

0% 

EN 

173 

   EN 

Zonemedia Broadcasting 
Ltd 

Zonemedia Broadcasting 
Ltd 

Zonemedia Broadcasting 
Ltd 

Zonemedia Broadcasting 
Ltd 

Zone Reality +1 

8% 

6% 

0% 

0% 

0% 

0% 

Zone Reality Extra  0% 

5% 

0% 

0% 

0% 

0% 

Zone Romantica 

13% 

12% 

3% 

1% 

0% 

0% 

Zone Thriller 

0% 

1% 

0% 

1% 

0% 

0% 

Compliance rate (IND 3/5) 

48% 

52% 

68% 

66% 

Average % (IND 2/4/6) 

52.56%  53.02%  28.51%  29.72%  67.63%  69.58%

A) Reasons given by Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

Subject matter of the channel: 

Film  4,  Film  Four  Weekly,  Kiss,  Kerrang,  XXX  TV,  Sky  Movies  Comedy,  Sky  Movies 
Action/Thriller, Sky Box Office, 18 Plus Movies, Sky Movies Premier, E!, E! Entertainment 
(France), E! Entertainment UK, E! Entertainment (Italy), Front Row, ITV4, Playboy, Playboy 
TV,  Playboy  One,  Playboy  (France),  Zone  Romantica,  ABC  1,  Disney  Cinemagic,  Disney 
Channel, VH1 Europe Classics, VH1 Export, VH1 Polska, MTV Norway, MTV Base, MTV 
Europe (North), VH1 Classic, MTV Finland, MTV (Ireland), MTV UK, MTV Portugal, MTV 
Nordic (Sweden), VH1, Viva Polska. 

When the channel commenced broadcasting: 

Baby TV, Life TV, REN TV (Baltic version), Unity TV, Trade.TV, Kanal 4, Sumo TV, Ontv, 
Comedy Central Polska.  

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

Nickelodeon  Europe,  Nickelodeon  Scandinavia,  Nickelodeon  France,  AXN  (Italy),  AXN 
Crime, AXN Sci Fi, AXN, AXN (Germany, Switzerland), 100% Babes, Sky One, Sky Two, 
CNBC Europe, CNBC Europe (Central), Discovery HD, Discovery Channel (UK), Discovery 
HD  Europe,  Discovery  Channel  France,  Discovery  Science  UK,  Discovery  Civilisation 
Middle East, Discovery Travel & Living Italy, Discovery Channel Nordic, Discovery Channel 
(Italy),  Discovery  Channel  (Benelux),  Discovery  (Central  &  Eastern  Europe),  Discovery 
(Middle  East,  Africa  and  Turkey),  Discovery  Science  Italy,  ACTIONMAX,  Movies4Men, 
Trouble, Living TV, f/x Channel, FX+, DoveVision TV, National Geographic, Wild, National 
Geographic  Benelux,  National  Geographic  CE,  National  Geographic  HD,  Nicktoons, 
Nicktoons  TV,  Nickelodeon,  Nickelodeon  (Eire),  Paramount  Comedy,  Paramount  Comedy 
Ireland,  The  Voice  TV  (Norway),  The  Voice  TV  (Sweden),  Sci  Fi  Channel  Europe,  Sci  Fi 
TV, Hallmark Entertainment UK, Hallmark Channel Italy, Hallmark Channel (CZ), Hallmark 

EN 

174 

   EN 

 
 
 
Channel  (Central),  Hallmark  Channel  (Benelux),  Hallmark  Channel  (Sc),  History  Channel 
HD.  Crime  &  Investigation,  The  Biography  Channel,  The  History  Channel,  Toon  Disney 
Scandinavia,  Cartoon  Network  Too,  Boomerang  (German),  Boomerang  (Pan-European), 
TCM (Germany), Cartoon Network (EMEA), Boomerang (Italian), Cartoon Network/Turner, 
Boomerang  (Spain),  Toonami,  Boomerang  (French),  Cartoon  Network  (Norway),  Cartoon 
Network  (French),  TCM2,  TCM  Pan-European,  Cartoon  Network  (Spain),  TCM  (Turner 
Classic Movies), TCM (French language), Cartoon Network (Italy), CN’s Boomerang, TCM 
(Spanish  language),  Cartoon  Network  UK,  Cartoon  Network  (Germany),  ZTV  Norway,  3+, 
TV3 Denmark, TV3 Sweden, TV3 Norway, Zone Europa, Zone Thriller, Zone Reality Extra, 
Zone  Reality  (UK),  Zone  Reality  +1,  Zone  Horror,  Zone  Reality  (EMEA  2),  Zone  Fantasy, 
Zone Horror (Netherlands), Zone Reality, Zone Club (Hungary), Movies 24, Movies 24 +. 

Subsidiaries of companies based in non-member countries broadcasting programmes mostly 
from their stock or from non-member distributors: 

ABC 1, Disney Cinemagic, Disney Channel, Hustler TV UK, EWTN, Select Kino. 

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

When the channel commenced broadcasting: 

Baby Channel, Rockworld, My Channel, Islam Channel. 

Difficulty in finding cost-competitive independent European producers: 

The  Disney  Channel  Scandinavia,  Playhouse  Disney  Scandinavia,  Disney  Channel  Middle 
East,  3+  (Baltics),  ZTV,  Viasat  Explorer,  Viasat  History,  TV6,  MUTV,  Discovery  Historia, 
Discovery  Real  Time  France,  Sky  Venue,  The  Business  Channel,  Turn  on  TV,  Muslim  TV 
Ahmadiyya International. 

B) Measures taken or envisaged by the Member State 

The  UK  encourages  compliance  with  the  quotas  by  means  of  monitoring.  But  there  are 
constraints  on  the  extent  to  which  it  is  practicable  for  particular  channels  to  meet  them, 
especially if they began broadcasting relatively recently or cater for particular niche interests. 

All the channels which do not meet the quotas have relatively small audiences. The main UK 
terrestrial TV channels — BBC1, BBC2, ITV, Channel 4 and Five — which account for 58% 
of the total UK audience, all exceed the quota requirements by some margin, averaging 76% 
of European works and 27% of independent European works.  

C) Further comments 

The UK’s independent regulator, the Office of Communications (Ofcom), is responsible for 
monitoring the quotas and requested annual returns from the broadcasters for 2005 and 2006. 
In  2006,  Ofcom  moved  to  an  on-line  reporting  system  for  broadcasters  to  provide  their 
returns.  

The UK drew attention to a summary report produced by Ofcom which considers the position 
of the public-service broadcasting analogue and digital terrestrial channels (BBC, Channel 4, 
GMTV, ITV and Five). On these channels, in 2006 the overall proportion of European works 
was 87% and for independent European works it was 33%.  

EN 

175 

   EN 

UK 

MS 

EW (% of TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 
BBC 
BBC 
BBC 
BBC 
BBC 
BBC 
BBC 
Channel 4 Television 
GMTV 
ITV plc 
S4C 
Five 
Compliance rate (IND 3/5) 
Average % (IND 2/4/6) 

Channel 
BBC 1 
BBC 2 
BBC 3 
BBC 4 
CBBC 
CBeebies 
BBC News 24 
Channel 4 
GMTV1 
ITV1 
S4C Digital 
Channel 5 

2005
82%
85%
90%
93%
89%
97%
89%
71%
78%
82%
98%
52%

2005 
2006
24% 
79%
26% 
84%
29% 
93%
26% 
95%
18% 
84%
40% 
96%
26% 
96%
69% 
71%
24% 
70%
40% 
89%
75% 
99%
94% 
58%
100% 100% 100% 

2006 
27% 
21% 
31% 
20% 
20% 
40% 
21% 
50% 
20% 
33% 
84% 
53% 
100% 

2005
97%
91%
96%
96%
99%
100%
100%
82%
100%
62%
85%
71%

2006
99%
91%
100%
98%
92%
77%
100%
84%
94%
98%
76%
57%

86.73% 86.88% 36.09%  33.32%  91.64% 91.72%

EN 

176 

   EN 

 
BACKGROUND DOCUMENT 5: Voluntary reports by Bulgaria and Romania 

1. 

1.  General remarks on the national reports by the new Member States 

This report covers the reference period 2005-2006. Given that Bulgaria and Romania joined 
the  EU  on  1  January  2007,  they  are  under  no  obligation  to  report  on  implementation  of 
Articles 4 and 5 of the Directive, pursuant to Article 4(3). Nonetheless, the two new Member 
States voluntarily provided the Commission with reports on their channels’ performance with 
regard  to  the  requirements  set  out  in  Articles  4  and  5  of  the  Directive.  The  Commission 
decided to include these contributions in order to demonstrate the considerable developments 
in the broadcasting sector in these two countries in the run-up to their accession. 

Romania did not introduce the necessary exemptions from most-favoured-nation treatment for 
audiovisual services in the framework of the WTO General Agreement for Trade and Services 
(GATS).  Therefore,  its  WTO  position  prevented  it  from  implementing  the  acquis  in  full 
before accession. 

In  order  to  enable  Romania  gradually  to  achieve  the  target  of  reserving  the  majority 
proportion  of  its  broadcasting  time  for  European  works,  the  Commission  accepted 
introduction  of  a  quota  for  Romanian  audiovisual  works  on  Romanian  television  until 
Romania’s accession. Accordingly, Article 22 of the Romanian Broadcasting Law reserved a 
“significant proportion” of broadcasting time for Romanian audiovisual works until the date 
of accession. The Romanian National Audiovisual Council further developed these provisions 
by  imposing  an  obligation  for  broadcasters  to  reserve  30%  of  their  broadcasting  time  for 
Romanian  audiovisual  works  and  a  majority  proportion  of  transmission  time  for  European 
works from the time of accession on.  

2. 

Current  situation concerning achievement of the objectives of Articles 4  and 5 
in Bulgaria and Romania 

2.1. 

Bulgaria 

Data on three channels were submitted. 

European works 

The three channels covered broadcast an average of 67.65% of European works in 2005 and 
of  72.83%  in  2006,  giving  a  marked  increase  of  5.17  percentage  points  over  the  reference 
period. 

The compliance rate throughout the reference period was 100% since all the channels covered 
exceeded the majority proportion of transmission time laid down in Article 4 of the Directive. 
Their figures ranged from 60.12% to 76.50% in 2005 and from 56.18% to 97% in 2006. 

European works made by independent producers 

The  average  allocation  to  European  works  by  independent  producers  for  all  three  channels 
was  17.42%  in  2005  and  14.94%  in  2006,  indicating  a  decrease  of  -2.48  percentage  points 
over the reference period. 

The compliance rate, in terms of number of channels, was 100%.  

EN 

177 

   EN 

No statistical data on recent works among all independent productions were transmitted. 

2.2. 

Romania 

Out of a total of 16 channels, 8 were exceptionally exempted from the reporting obligation. 

European works 

The  channels  covered  broadcast  an  average  of  51.08%  of  European  works  in  2005  and 
57.95% in 2006 respectively, giving an increase of 6.87 percentage points over the reference 
period. 

For 2005, out of a total of 8 channels covered, four exceeded the majority proportion called 
for  by  Article 4  of  the  Directive,  while  3  channels  were  below  the  minimum  level.  The 
compliance rate, in terms of number of channels, was 50%. 

In 2006, six out of the 8 channels covered exceeded the 50% minimum set in Article 4 of the 
Directive, while 2 channels remained below it. The compliance rate was 75%. 

European works made by independent producers 

The  average  allocation  to  European  works  by  independent  producers  for  all  the  channels 
covered  was  36.22%  in  2005  and  38.62%  in  2006,  giving  a  2.40  percentage  point  increase 
over the reference period. 

During the entire reference period, out of a total of 8 channels covered, two complied with the 
minimum proportion set in Article 5 of the Directive, whereas no data were communicated for 
6 channels. The compliance rate, in terms of number of channels, was 25%.  

The  average  relative  proportion  of  recent  European  works  by  independent  producers  for  all 
channels  covered  was  71.32%  in  2005  and  72.36%  in  2006,  giving  a  small  increase  of 
1.05 percentage points over the reference period. 

EN 

178 

   EN 

3. 

Summary of the reports 

3.1. 

Bulgaria 

BULGARIA 

Number of channels 

Reference period 

Monitoring method 

Total identified and covered  
(IND 1): 3 

2005/2006 

Recording and monitoring, media 
research and analysis 

BG 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005 

2006 

2005 

2006 

2005 

2006 

Bulgarian National 
Television 

Balkan News 
Corporation  

KANAL 1 

76.50% 

97.00% 

10.03% 

8.70% 

 b TV 

60.12% 

56.18% 

20.78% 

19.23% 

New Television-First 
Private Channel  

Nova TV 

66.34% 

65.30% 

14.06% 

16.89% 

Compliance rate (IND 3/5) 

100% 

100% 

100% 

100% 

Average % (IND 2/4/6) 

67.65%  72.83%  17.42% 

14.94% 

3.2. 

Romania 

ROMANIA 

Number of channels 

Reference period 

Monitoring method 

Total identified: 16 

2005/2006 

Based on statements by channels 

Covered (IND 1): 8 

EN 

179 

   EN 

 
  
  
  
  
  
  
 
 
 
 
 
 
RO 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005

2006

2005

2006

2005 

2006

SC TV Antena 1 SA 

Antena 1  48.24%  54.92% 

22.42% 

28.66% 

92.61% 

96.15% 

SC TV Antena 2 SA 

Antena 2  EX 

SC TV Antena 3 SA 

Antena 3  EX 

SC TV Antena 4 SA 

Euforia 
Lifestyle TV 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

51.56%  53.80% 

50.02% 

48.57% 

50.02% 

48.57% 

SC SBS Broadcasting 
Media SRL 

Prima TV 

Societatea Română de 
Televiziune 

TVR 1 

Societatea Română de 
Televiziune 

TVR 2 

66.60%  69.64%  NC 

NC 

NC 

NC 

53.35%  65.02%  NC 

NC 

NC 

NC 

Societatea Română de 
Televiziune 

TVR Cultural 

77.86%  89.34%  NC 

NC 

NC 

NC 

SC ABC Plus Media SA National TV 

43.50%  54.65%  NC 

NC 

NC 

NC 

News Television 
(Romania) SRL 

B1 TV 

36.58%  39.42%  NC 

NC 

NC 

NC 

SC Pro TV SA 

Pro TV 

30.97%  36.77%  NC 

SC Pro TV SA 

Acasa 

EX 

SC Pro TV SA 

Pro Cinema  EX 

SC Realitatea Media SA Realitatea TV EX 

SC Ocram Televiziune

OTV 

EX 

SC Clas Media SRL 

N24 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

NC 

EX 

EX 

EX 

EX 

EX 

NC 

EX 

EX 

EX 

EX 

EX 

NC 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

50% 

75% 

25% 

25% 

EN 

180 

   EN 

  
  
Average % (IND 2/4/6) 

51.08%  57.95%  36.22%  38.62%  71.32%  72.36% 

EN 

181 

   EN 

 
BACKGROUND  DOCUMENT  6:  Reports  from  the  Member  States  of  the  European 
Free Trade Association participating in the European Economic Area 

The first part of this document contains a brief analysis of application of Articles 4 and 5 in 
the  Member  States  of  the  European  Free  Trade  Association  (EFTA)  participating  in  the 
European  Economic  Area  (EEA)47  over  the  reference  period  (2005-2006).  The  second  part 
comprises  the  national  reports  of  Iceland  and  Norway.  Liechtenstein  submitted  a  statement 
indicating  that,  since  the  only  broadcaster  operating  under  Liechtenstein’s  jurisdiction,  X-
Media, had its licence withdrawn in 2004, no broadcasters are now permanently established 
under  its  jurisdiction.  Consequently,  no  report  for  the  reference  period  2005-2006  could  be 
submitted by Liechtenstein. 

1. 

Application by the EFTA Member States participating in the EEA 

3.3. 

Iceland 

One channel (Skjar Sport) was exceptionally exempted in 2006. 

The  channels  covered  increased  their  average  proportion  of  transmission  time  allocated  to 
European  works  from  28.85%  in  2005  to  48.22%  in  2006.  This  means  that  the  average 
proportion rose considerably by 19.37 percentage points. However, it still remained below the 
50%  minimum.  Within  a  space  of  four  years  (2003-2006),  it  increased  by  17.89  percentage 
points.  Only  one  of  the  channels  covered  (RÚV)  complied  with  the  majority  proportion 
required by the Directive during the entire reference period. However, two more (Sirkus 2005 
and Popp TV 2005) were able to comply with the majority proportion requirement in 2006. 
The compliance rate therefore rose from 13% to 43%. 

Only  two  channels  (RÚV  and  Skjar  Einn)  met  the  10%  minimum  set  in  Article  5.  All  the 
other  channels  covered  were  below  the  minimum  proportion.  The  average  proportion  of 
transmission time allocated to independent productions rose from 4.54% in 2005 to 5.63% in 
2006, giving a 1.09 percentage point increase over the reference period. The share of recent 
European works by independent producers was 18.85% in 2005 and 26.93% in 2006. 

1.2 

Norway 

Two  channels  were  exceptionally  exempted  from  reporting  and  one  was  non-operational  in 
both 2005 and 2006. 

The  channels  covered  broadcast  an  average  of  63.67%  of  European  works  in  2005  and 
58.63% in 2006. This gives a -5.04 percentage point decrease over the reference period and a 
-9.37 percentage  point decrease  in  the medium term (2003-2006). One broadcaster  failed to 
achieve the required proportion. The compliance rate therefore remained stable at 83%. 

The average allocation to European works made by independent producers on all the channels 
covered  was  37.33%  in  2005  and  24.17%  in  2006,  giving  a  decrease  of  -13.16  percentage 
points  during  the  reference  period.  Over  four  years  (2003-2006),  this  gives  a  significant  -

47 

Annex X to the EEA Agreement regulates application of the Directive — with some adaptations — to 
the EFTA Member States participating in the EEA. 

EN 

182 

   EN 

                                                 
11.83  percentage  point  decrease.  The  compliance  rate  fell  from  100%  to  67%,  with  two 
channels falling below the minimum proportion in 2006. 

The average relative proportion of transmission time allocated to recent works by independent 
producers on all channels fell from 88.67% in 2005 to 64.67% in 2006, giving a decrease of 
24 percentage points over the reference period. 

2. 

Summary of the reports from the EFTA Member States participating in the EEA 

ICELAND 

Number of channels 

Reference period  Monitoring method 

Total identified and covered (IND 1): 8 (2005); 7 
(2006) 

2005/2006 

Sampling 

IS 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP)48 

Broadcaster 

Channel 

2005

2006

2005

2006 

2005

2006

RÚV (Icelandic national 
broadcasting service) 

365 MEDIA 

RÚV 

Channel 2 
2005 

54.80%  53.80% 

12.30%  17.50%  83.70%  86.10% 

36.51%  43.73% 

2.55%  7.43%  5.70%  6.79% 

Sýn 2005 

34.06%  34.39% 

5.69%  1.83%  5.75%  0.43% 

Sirkus 2005 37.99%  54.39% 

1.89%  0.00%  18.32%  41.20% 

Popp TV 
2005 

7.83%  100.00%  0.00%  0.00%  7.33%  17.99% 

Bíórás 2005 14.63%  15.23% 

0.90%  1.62%  0.00%  0.00% 

ITC (Icelandic Television 
Company) 

Skjar Einn 

30.00%  36.00% 

13.00%  11.00%  30.00%  36.00% 

Skjar Sport  15.00%  EX 

0.00%  EX 

0.00%  EX  

Compliance rate (IND 3/5) 

13% 

43% 

25% 

29% 

48 

The figures on recent works are least accurate for 365 MEDIA and ITC. They simply reflect the number 
of  Icelandic  productions  each  year  and  do  not  cover  other  European  works  as  the  broadcasters’ 
computer systems do not record this. 

EN 

183 

   EN 

 
 
 
 
 
 
 
  
  
                                                 
Average % (IND 2/4/6) 

28.85% 48.22%  4.54%  5.63%  18.85%  26.93%

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

No observations. 

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

No observations. 

B) Measures taken or envisaged by the Member State 

None reported. 

C) Further comments 

No observations. 

EN 

184 

   EN 

 
NORWAY 

Number of channels 

Reference period 

Monitoring method 

Total identified: 9 

2005/2006 

Entire annual schedule 

Covered (IND 1): 6 

NO 

MS 

EW (%TQT) 

IP (%TQT) 

RW (%IP) 

Broadcaster 

Channel 

2005

2006

2005

2006

2005

2006

NRK AS 

NRK AS 

TV 2 AS 

NRK1 

NRK2 

TV2 

81% 

82% 

28% 

32% 

69% 

72% 

59% 

67% 

26% 

28% 

87% 

73% 

57% 

57% 

23% 

25% 

84% 

80% 

TV2 Zebra AS 

TV2 Zebra 

30% 

75% 

20% 

8% 

93% 

64% 

TV2 Interaktiv AS  TV2 Sonen 

100% 

NO 

75% 

NO 

100% 

NO 

TV2 AS 

TV2 Film 

NO 

7% 

NO 

1% 

NO 

0% 

TVNorge AS 

TVNorge 

55% 

53% 

52% 

51% 

99% 

99% 

Norsk Radio og TV 
AS 

Miracle 
Channel 

Norsk Rikstoto 

Norsk 
Rikstoto 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

EX 

Compliance rate (IND 3/5) 

83% 

83% 

100% 

67% 

Average % (IND 2/4/6) 

63.67% 

56.83%  37.33%  24.17%  88.67% 

64.67% 

A) Reasons given by the Member State for failure to achieve the proportions 

1. Majority proportion of European works (Article 4) 

TV2 Filmkanalen did not fulfil its obligations in 2006. The reason given by the broadcaster 
for failing to meet the requirements is that it was launched in September 2006 as a specialised 
film  channel  focusing  mainly  on  American  movies  from  the  1970s,  1980s  and  1990s.  The 
Norwegian Media Authority pointed out in a letter to the broadcaster that the non-compliance 
is unacceptable, and if the next reports fail to demonstrate substantial improvements, further 
action will be considered by the Authority. 

EN 

185 

   EN 

 
  
  
 
TV2 Zebra did not fulfil its requirements in 2005, but fulfilled them in 2006. No reasons were 
given.  

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

TV2 Filmkanalen did not fulfil its obligations in 2006; see above for the reasons given. This 
non-compliance is unacceptable. Further action will be considered by the Norwegian Media 
Authority. 

TV2 Zebra fulfilled its requirements in 2005, but not in 2006. No reasons were given. 

EN 

186 

   EN 

BACKGROUND  DOCUMENT  7:  Average  transmission  time  of  European  works  by 
channels with an audience share above 3%  

Channel 

AS 2005* 

AS 2006* 

% EW 2005**  % EW 2006**

Member 
State 

BE 

FL  Eén 

Ketnet 

VTM 

27% 

9.4% 

22% 

Kanaal II 

5.6% 

VT4 

Vijf Tv 

FR  La Une 

6.4% 

2.4% 

14% 

La Deux 

3% 

AB3 

3.8% 

RTL-Tvi 

17.9% 

Club RTL 

5.1% 

28.7% 

9.6% 

21.3% 

6.7% 

7% 

4.2% 

14.7% 

4.9% 

3.8% 

19.1% 

5.1% 

AVERAGE 

CY 

CZ 

AVERAGE 

DK 

No information on audience share available 

Nova 

39.39% 

Prima televize  23.13% 

41.76% 

20.28% 

DR 1 

DR 2 

TV 2 

28.6% 

5.5% 

36% 

TV/MIDTVEST 3.5% 

TV 2/NORD 

3.5% 

TV SYD 

3.5% 

TV 2 
/ØSTJYLLAND 

3.5% 

28.2% 

5.5% 

22.6% 

3.2% 

3.2% 

3.2% 

3.2% 

187 

EN 

87% 

59% 

72% 

21% 

28% 

29% 

78% 

78% 

52% 

79% 

56% 

58% 

28% 

30% 

17% 

77% 

91% 

58% 

55% 

39% 

53% 

56% 

60% 

68% 

64% 

82% 

84% 

48% 

100% 

100% 

100% 

100% 

58% 

58% 

58% 

79% 

85% 

49% 

100% 

100% 

100% 

100% 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005* 

AS 2006* 

% EW 2005**  % EW 2006**

TV 2 LORRY  3.5% 

TV 2/FYN 

3.5% 

TV 2 ØST 

3.5% 

TV 
2/BORNHOLM 

3.5% 

3.2% 

3.2% 

3.2% 

3.2% 

100% 

100% 

100% 

100% 

100% 

100% 

100% 

100% 

Kanal 4 

3.9% 

3% 

36% 

34% 

AVERAGE 

DE 

AVERAGE 

GR 

ARD 

ZDF 

Sat1 

13.5% 

13.5% 

10.9% 

ProSieben 

6.7% 

Kabel 1 

RTL2 

RTL 

VOX 

ET1 

NET 

ALTER 
CHANNEL 

3.8% 

4.2% 

13.2% 

4.2% 

4.2% 

9.1% 

10.2% 

ANTENNA TV 19.4% 

MEGA TV 

18.5% 

ALPHA TV 

14.2% 

STAR 
CHANNEL 

11.5% 

14.2% 

13.6% 

9.8% 

6.6% 

3.6% 

3.8% 

12.8% 

4.8% 

4% 

10.1% 

8.9% 

18% 

18.8% 

15.5% 

10.4% 

AVERAGE 

ES 

Antena 3 

21.3% 

19.4% 

90% 

86% 

86% 

64% 

23% 

48% 

80% 

41% 

65% 

83% 

92% 

88% 

67% 

79% 

80% 

47% 

77% 

60% 

90% 

86% 

86% 

60% 

26% 

43% 

79% 

45% 

64% 

77% 

80% 

88% 

69% 

82% 

55% 

47% 

71% 

52% 

EN 

188 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005* 

AS 2006* 

% EW 2005**  % EW 2006**

La Primera-
TVE1 

19.6% 

18.3% 

59% 

61% 

AVERAGE 

FR 

La 2 

5.8% 

Telecinco 

22.3% 

Calle 13 

4.72% 

Nickelodeon 

4.2% 

Cuatro 

5.02% 

TV3 

3.4% 

Canal Sur 

3.9% 

TF1 

M6 

32.3% 

12.6% 

France 2 

19.8% 

France 3 

14.7% 

France 5 

6.9% 

Gulli 

TMC 

W9 

AVERAGE 

IE 

TG4 

3.2% 

RTÉ One 

25.7% 

RTÉ Two 

12.1% 

4.8% 

21.2% 

3.22% 

5.4% 

6.37% 

3.2% 

3.4% 

31.6% 

12.5% 

19.2% 

14.7% 

6.8% 

3.7% 

3.8% 

3.3% 

3% 

25.5% 

13% 

AVERAGE 

IT 

LT 

No information on audience share available 

LTV 

LNK 

13% 

24.8% 

14.8% 

23.4% 

84% 

78% 

26% 

35% 

57% 

61% 

77% 

79% 

78% 

31% 

32% 

52% 

64% 

76% 

60% 

58% 

62% 

61% 

82% 

78% 

87% 

NO  

67% 

67% 

72% 

61% 

60% 

40% 

54% 

71% 

41% 

61% 

64% 

82% 

80% 

86% 

81% 

71% 

69% 

74% 

63% 

59% 

43% 

55% 

59% 

42% 

EN 

189 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Channel 

AS 2005* 

AS 2006* 

% EW 2005**  % EW 2006**

TV3 

BTV 

25.7% 

9.8% 

24.5% 

9.2% 

RTL Télé 
Letzebuerg 

66.70% 

58% 

49% 

53% 

54% 

87% 

36% 

51% 

47% 

92% 

87% 

92% 

Member 
State 

AVERAGE 

LU 

AVERAGE 

LV 

LTV1 

LTV7 

TV5 

TV3 

LNT 

12.5% 

4.9% 

2.9% 

18.5% 

21.1% 

AVERAGE 

HU 

MTV1 

13.8% 

Viasat3 

3.7% 

RTL KLUB 

29% 

TV2 

26.3% 

AVERAGE 

NL 

Nederland 1 

11.9% 

Nederland 2 

15.1% 

Nederland 3 

6.3% 

Net 5 

SBS 6 

4.3% 

9.8% 

Talpa (nu Tien)  2.2% 

Veronica/Jetix  3% 

15% 

7.2% 

3.8% 

24.9% 

27.6% 

14.4% 

4.3% 

27.1% 

25.6% 

13.1% 

13.5% 

6.2% 

4% 

9.6% 

4.4% 

3.3% 

90% 

62% 

57% 

59% 

55% 

65% 

89% 

8% 

55% 

51% 

51% 

94% 

96% 

92% 

11% 

44% 

83% 

40% 

94% 

56% 

56% 

57% 

48% 

62% 

92% 

12% 

53% 

51% 

52% 

97% 

94% 

91% 

15% 

66% 

82% 

60% 

AVERAGE 

66% 

72% 

AT 

No information on audience share available 

EN 

190 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Channel 

AS 2005* 

AS 2006* 

% EW 2005**  % EW 2006**

Member 
State 

PL 

AVERAGE 

PT 

SI 

TVP1 

TVP2 

Polsat  

24.6% 

21.7% 

16.7% 

TVN  

15% 

24% 

20.1% 

16.1% 

16.7% 

No information on audience share available 

RTVSLO 

35.4% 

TV 3 

Čarli TV 

STUDIO 
SIGNAL 

63% 

NC 

NC 

TELEVIZIJA 
CELJE 

NC 

KANAL 10 

NC 

NET TV 

NC 

TV PAPRIKA  NC 

Play TV 

NC 

NC 

73% 

50% 

8.5% 

10% 

11% 

60% 

17% 

6% 

AVERAGE 

SK 

FI 

AVERAGE 

SE 

No information on audience share available 

TV1 

TV2 

MTV3 

Nelonen 

Subtv 

25% 

19% 

33% 

11% 

4% 

24% 

20% 

29% 

12% 

5% 

SVT1 

SVT2 

24.3% 

14.4% 

21.8% 

14.5% 

70% 

80% 

65% 

72% 

72% 

57% 

15% 

40% 

99% 

72% 

70% 

64% 

75% 

70% 

54% 

53% 

30% 

96% 

23% 

73% 

NC 

21% 

NC 

54% 

44% 

89% 

80% 

49% 

51% 

18% 

57% 

83% 

87% 

16% 

27% 

100% 

64% 

57% 

88% 

80% 

46% 

54% 

19% 

57% 

83% 

83% 

EN 

191 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Channel 

AS 2005* 

AS 2006* 

% EW 2005**  % EW 2006**

Member 
State 

AVERAGE 

TV4 

23.2% 

22.2% 

UK 

BBC 1 

19.2% 

19.9% 

BBC 2 

7% 

Channel 4 

7.9% 

Channel 5 

5.3% 

7% 

8.3% 

4.9% 

ITV1 

18.3% 

17.3% 

61% 

77% 

82% 

85% 

71% 

52% 

82% 

67% 

78% 

79% 

84% 

71% 

58% 

89% 

AVERAGE 

74% 

76% 

* Audience share (Source: Member States’ national reports for 2005-2006). 

**The figures are given to the nearest whole number. 

EN 

192 

   EN 

 
 
 
 
 
 
 
 
BACKGROUND  DOCUMENT  8:  List  of  television  channels  in  the  Member  States 
which failed to achieve the majority proportion required by Article 4 

Transmission mode (TM) 

Conformity (C) 

Type 

PS 

PR 

PY 

Public service 

Commercial 

Pay-TV 

IA 

Interactive  

TE 

SA 

CA 

IP 

Terrestrial 

Satellite 

√ 

X 

Cable 

NC 

Internet 

NO 

Target met 

Target not met

Data not 
communicated

Channel not 
in operation 

Channel 
excluded 

NI 

Niche/special interest  D 

Digital 

EX 

Other  

Sports/news/   
teleshopping/   
near-video-on-
demand 

A 

Analogue 

DVB-H 

Digital  video 
broadcasting 
- handheld 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Member 
State 

BE 

FL  Kanaal II 

5.6% 

6.7% 

PR 

VT4 

6.4% 

7% 

PR 

Vijf Tv 

2.4% 

4.2% 

PR 

Prime One 

Prime Action 

Prime Movies 

Prime One +1 

Prime Action +1 

PY 

PY 

PY 

PY 

CA/SA/
D 

CA/SA/
D 

CA/SA/
D 

CA/D 

CA/D 

CA/D 

CA/D 

CA/D 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

193 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Prime Fezztival 

PY 

CA/D 

Canal+ Rood 

Canal+ Blauw 

Canal+ Geel 

Fezztival 

FR  Club RTL 

5.1% 

5.1% 

CY 

CyBC-2 

Sigma 

CZ 

HBO 

HBO 2 

Cinemax 

Nonstop kino 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

DK 

TV 2 

36% 

22.6% 

PR 

PS 

PR 

PR 

PR 

PR 

PR 

PS 

TV 2 Zulu 

2.8% 

2.9% 

PS/PR 

TV 2 Film 

1.1% 

0.8% 

Kanal 4 

3.9% 

3% 

DE 

JETIX 

Premiere 

2.1% 

3.8% 

3.6% 

CA/IP 

TE 

TE 

SA 

SA 

SA 

SA 

TE 

SA 

SA 

SA 

SA/CA 

SA/CA 

SA/CA/I
P/D 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NO 

x 

x 

x 

x 

x 

x 

x 

Kabel 1 

Kabel 1 classics 

Sat1 comedy 

RTL2 

Super RTL 

Disney Channel 

EN 

4.2% 

3.8% 

2.8% 

2.6% 

NI 

PY 

194 

CA/IP/D  NO 

CA/IP/D  NO 

SA/CA/
D 

SA/CA/I
P/D 

SA/CA/I
P 

x 

x 

x 

PR 

PR 

PY 

PR 

PY 

PY 

PR 

x 

NC 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Playhouse Disney 

TOON Disney 

PY 

PY 

0.4% 

0.4% 

0.5% 

0.6% 

0.3% 

0.2% 

0.5% 

4.2% 

4.8% 

PR 

PY 

SA/CA 

x 

0.2% 

0.4% 

PR 

SA/CA/I
P/D 

NO 

GR 

STAR CHANNEL  11.5% 

10.4% 

PR 

CA/IP 

CA/IP 

SA/CA/
D 

SA/CA/
D 

SA/CA/
D 

SA/CA 

SA/CA/I
P/D 

x 

x 

x 

x 

√ 

x 

x 

TE 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

x 

√ 

x 

x 

√ 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

√ 

x 

x 

MTV 

VIVA 

VIVA Plus 

NICK 

VOX 

Discovery 
Channel 

DMAX 

DISCOVERY 

NATIONAL 
GEOGRAPHIC 

MGM 

CHANNEL OF 
THE GREEK 
PARLIAMENT 

ET3 

EUROVISION 
CHANNEL 

FILMNET 2 

FILMNET 3  

FILMNET 
SUMMER 

MOTORS TV 

Other 

SA 

EN 

195 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

HISTORY 
CHANNEL 

JETIX 

CARTOON 
NETWORK 

MTV 

VH1 

TCM 

ALFA TV - 
CYPRUS 

L T V - CYPRUS 

ES 

Cosmopolitan 

0.11% 

0.2% 

PR 

FOX 

0% 

0% 

4.72% 

3.22% 

PR 

PR 

Calle 13 

SCI FI  

Nickelodeon 

NO 

0.93% 

PR 

4.2% 

5.4% 

PR 

Canal + 

0.47% 

0.46% 

Cinemanía 

0.08% 

0.06% 

0.1% 

0.17% 

PR 

PR 

PR 

Disney Channel 

Disney Channel+1 

Toon Disney 

0.07% 

0.09% 

PR 

0.01% 

0.09% 

PR 

Las Provincias TV  NO 

0% 

Tv Canaria 

0.4% 

0.4% 

PR 

PS 

FR 

Tchatche TV 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA/CA/I
P 

SA/CA 

SA/CA/I
P 

SA/CA/I
P 

SA/CA/I
P 

TE/SA 

SA 

SA/CA/I
P 

SA/CA/I
P 

SA/CA/I
P 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NO 

x 

√ 

x 

x 

x 

x 

TE/D 

NO 

TE/A 

CA/SA 

x 

x 

x 

x 

x 

x 

x 

x 

NO 

NO 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NC 

EN 

196 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

IE 

RTÉ Two 

12.1% 

13% 

TV3 

IT 

ITALIA 1 

Duel 

SKY 
HD 

CINEMA 

SKY SPORT 24 

Sky Cinema 1 

Sky Cinema 16:9 

Sky Cinema 2 

Sky Cinema 3 

Sky Cinema Max 

Jimmy 

FOX 

FOXCRIME 

FOXLIFE 

FOXLIFE  (second 
version) 

FX 

National 
Geographic 
Channel (second 
version) 

National 
Geographic 
Channel (third 
version) 

Next HD 

RTB INTER-
NATIONAL 

PS 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

TE 

TE 

TE 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

x 

x 

x 

x 

NO 

NO 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NO 

x 

PR 

SA 

√ 

PR 

PR 

SA 

SA 

NO 

√ 

x 

x 

x 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

EN 

197 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

RETEBRESCIA 

E’TV MARCHE 

E’TV RETE 7 

Radio Italia TV 

SICILIA 
CHANNEL 

GBR 

Delta tv 

TELEGENOVA 

Incremento 
finanziario 

LIBERA 

Italiani  nel  mondo 
channel 

STUDIO 100 TV 

LA 9 

L’ANTENNA 
SRL-OASI TV 

MATCH MUSIC  

Studio Universal 

ROMA SAT 

Key Tv 

RETE ORO 

ROCK TV 

SARDINIA 
CHANNEL 

Telelibera 63 

TELESUD 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

SA 

SA 

SA 

SA 

SA 

TE 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

√ 

NC 

x 

√ 

x 

x 

x 

NC 

NO 

x 

√ 

x 

x 

x 

x 

x 

NO 

x 

x 

x 

x 

x 

NO 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

NC 

x 

x 

x 

x 

x 

EN 

198 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

PR 

SA 

TELE-
LOMBARDIA 
SAT 

BERGAMO TV 

RETECAPRI 

TBNE 

VIDEOFIRENZE 

TVA VICENZA 

LV 

LT 

LU 

LNT 

LNK 

TV3 

Club 

RTL 9 

RTL 9 

PR 

PR 

PR 

PR 

PR 

21.10% 

27.60% 

PR 

24.8% 

23.4% 

25.7% 

24.5% 

HU 

Viasat3 

3.7% 

4.3% 

HBO 

HBO2 

BPTV 

0% 

NC 

0.3% 

Other 

NC 

Other 

NL 

Nick Jr 

<3.5% 

<3.5% 

MTV The 
Netherlands 

0.7% 

0.7% 

Nickelodeon 

2.2% 

1.8% 

Net 5 

SBS 6 

4.3% 

4% 

9.8% 

9.6% 

The Box 

0.3% 

0.4% 

Veronica/Jetix 

3% 

3.3% 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

x 

x 

NC 

x 

x 

x 

√ 

x 

x 

x 

√ 

√ 

x 

x 

NC 

x 

NO 

x 

x 

x 

x 

NC 

x 

x 

x 

x 

x 

√ 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

√ 

x 

√ 

√ 

SA 

TE 

SA 

SA 

SA 

TE 

TE 

TE 

TE/CA 

SA/CA 

TE 

SA 

SA 

SA 

SA 

CA 

CA 

CA 

CA 

CA 

CA 

CA 

Irisz 

<3.5% 

<3.5% 

PR 

SA/CA 

EN 

199 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Club 

<3.5% 

<3.5% 

Club (EE) 

<3.5% 

<3.5% 

The Family 7 
Channel 

<3.5% 

<3.5% 

Clear TV 

<3.5% 

<3.5% 

Arrivo 

<3.5% 

<3.5% 

Arrivo (Austria) 

<3.5% 

<3.5% 

Arrivo (Germany)  <3.5% 

<3.5% 

Arrivo (Norway) 

<3.5% 

<3.5% 

Arrivo (Sweden) 

<3.5% 

<3.5% 

<3.5% 

<3.5% 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

CA 

CA 

CA 

CA 

CA 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

Arrivo 
(Switzerland) 

Film 1.1 (formerly 
Canal+) 

Film 1.2 (formerly 
Canal+) 

Backroom/FreeX 
TV2 

<3.5% 

<3.5% 

PR 

CA 

EX 

<3.5% 

<3.5% 

PR 

CA 

EX 

<3.5% 

<3.5% 

PR 

CA 

Free-X TV 

<3.5% 

<3.5% 

Free-X TV Light 

<3.5% 

<3.5% 

Xdream 

<3.5% 

<3.5% 

PR 

PR 

PR 

Intimacy 
(formerly Exotica) 

<3.5% 

<3.5% 

PR 

Full-X 1 

Full-X 2 

Full-X 3 

<3.5% 

<3.5% 

PR 

<3.5% 

<3.5% 

<3.5% 

<3.5% 

Blue Hustler 

<3.5% 

<3.5% 

Hustler TV 

<3.5% 

<3.5% 

XXX Xtreme 

<3.5% 

<3.5% 

PR 

PR 

PR 

PR 

PR 

CA 

CA 

CA 

CA 

CA 

CA 

CA 

CA 

CA 

CA 

x 

x 

x 

x 

x 

√ 

x 

NC 

√ 

x 

x 

NO 

NO 

√ 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NO 

√ 

EX 

x 

x 

x 

x 

x 

x 

EN 

200 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Livesex tv 

<3.5% 

<3.5% 

PR 

Spice 

<3.5% 

<3.5% 

PR 

AT 

ORF 1 

ATV+ 

Premiere 
Österreich 

INXTC TV 

PL 

TVN Siedem  

1.6% 

1.4% 

Canal+Polska 

0.2% 

0.1% 

Canal+Polska 
Żółty 

0.1% 

0.1% 

Ale Kino  

0.2% 

0.2% 

Mini Mini 

0.4% 

0.4% 

Tele 5  

0.3% 

0.3% 

Trochę  Młodsza 
Telewizja (TMT) 

PT 

SIC 

SIC Radical 

SIC Mulher 

SIC Comédia 

SI 

Kanal A 

POP TV 

TV 3 

Čarli TV 

TV LEP 
LOGATEC 

NC 

NC 

NC 

NC 

63% 

73% 

NC 

NC 

50% 

NC 

CA 

CA 

TE/SA/C
A/D/A 

TE/SA/C
A/D/A 

x 

NO 

x 

x 

PS 

PR 

PY 

SA/CA 

x 

PR/NI 

SA 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

SA/D 

SA/D 

SA/D 

SA/D 

SA/D 

SA/D 

SA/D 

TE/SA/C
A 

PR 

SA/CA 

SA/CA 

SA/CA 

TE 

TE 

TE/CA 

TE/CA 

PR 

PR 

PR 

PR 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

Other  

CA 

NC 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

√ 

√ 

x 

x 

x 

x 

√ 

√ 

x 

x 

EN 

201 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

NC 

NC 

PR 

TE 

x 

NC 

NC 

10% 

PR 

TE/CA 

x 

ATV SIGNAL 
LITIJA 

TELEVIZIJA 
CELJE 

KANAL 10 

TV PIKA 

NET TV 

GORENJSKA 
TELEVIZIJA - 
GTV 

EPTV 

TV R Kanal + 

NC 

NC 

NC 

NC 

NC 

NC 

11% 

NC 

60% 

NC 

NC 

NC 

FI 

MTV3 

33% 

29% 

Subtv 

4% 

5% 

0.2% 

0.4% 

SE 

TV400 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

0.3% 

0.6% 

NI 

NO 

NO 

0.2% 

0.1% 

0.3% 

0.5% 

NI 

NI 

NI 

0.2% 

0.2% 

NI 

0.1% 

0.2% 

NI 

TV4 Film 

TV4 Komedi 

TV4 Guld 

Canal+/Mix 

C+ Film 1 

C+ Film 2 

C+ Film 3 

TE 

NC 

x 

x 

x 

x 

NC 

x 

x 

x 

x 

TE/SA/  
CA 

CA 

CA 

TE 

CA 

TE/SA/  
CA 

TE/CA 

TE/SA/  
CA/IP/D/
A 

TE/SA/  
CA/IP/D/
A 

SA/CA 

NO 

SA/CA 

NO 

x 

x 

x 

TE/SA/  
CA/IP/D/
A 

TE/SA/  
CA/IP/D/
A 

TE/SA/  
CA/IP/D/
A 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

0.1% 

NI 

TE/SA/  

x 

EN 

202 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

0.1% 

0.1% 

NI 

Film HD 

Cmore 1 

Cmore 2 

TV 1000 Family 

0.07% 

0.15% 

TV1000 Sverige 

0.21% 

0.29% 

TV1000 Action 

0.1% 

0.2% 

TV1000 Classic 

0.03% 

0.05% 

0.1% 

NO 

Showtime 

Silver 

LifeStyleTV 

NO 

Di TV 

NI 

NI 

NI 

NI 

NI 

NI 

NI 

NI 

NI 

PR 

PR/NI 

CA/IP/D/
A 

TE/SA/  
CA/IP/D/
A 

TE/SA/  
CA/IP/D/
A 

TE/SA/  
CA/IP/D/
A 

SA 

SA 

SA 

SA 

SA/CA/ 
IP 

TE/SA/  
CA/IP/D/
A 

NO 

x 

x 

x 

x 

x 

x 

x 

NO 

SA 

NO 

SA/CA 

SA/CA/
D 

√ 

x 

x 

x 

x 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

UK 

Film 4 

Film Four Weekly 

AXN 

AXN (Italy) 

AXN Crime 

AXN Sci Fi 

(Germany, 

AXN 
Switzerland, 
Austria) 

EN 

203 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Baby TV 

REN TV (Baltic 
version) 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

Kerrang 

0.1% 

0.1% 

PR/NI 

SA/CA 

Kiss 

Magic 

0.1% 

0.1% 

PR/NI 

SA/CA 

0.2% 

0.2% 

PR/NI 

SA/CA 

Smash Hits 

0.1% 

0.1% 

PR/NI 

SA/CA 

100% Babes 

XXX TV 

Hustler TV UK 

18 Plus Movies 

Sky Box Office 

Sky Movies 
Action/Thriller 

Sky Movies 
Comedy 

Sky Movies 
Premier 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

0.4% 

0.3% 

PR/NI 

SA/CA 

0.4% 

0.4% 

PR/NI 

SA/CA 

x 

0.1% 

0.1% 

PR/NI 

SA/CA 

x 

X 

Sky One 

1.9% 

1.7% 

PR/NI 

SA/CA 

Sky Two 

0.5% 

0.5% 

PR/NI 

SA/CA 

CNBC Europe 

CNBC 
(Central) 

Europe 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

POP 

0.1% 

0.1% 

PR/NI 

SA/CA 

Tiny Pop 

0.2% 

0.1% 

PR/NI 

SA/CA 

Animal 
(Italy) 

Planet 

Discovery 
(Central & Eastern 
Europe) 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

√ 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

204 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

0.5% 

0.4% 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

0.1% 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

Discovery (Middle 
East,  Africa  and 
Turkey) 

Discovery 
Channel (Italy) 

Discovery 
Channel (UK) 

Discovery 
Channel (Benelux) 

Discovery 
Channel (Nordic) 

Discovery 
Channel (France) 

Discovery 
Civilisation 
(Middle East) 

Discovery 
Civilisation 
Channel (Italy) 

Discovery HD 

Discovery 
Europe 

HD 

Discovery Kids 

Discovery  Science 
(UK) 

Discovery  Science 
Channel (Italy) 

Discovery  Travel 
& Living (Italy) 

ACTIONMAX 

Movies4Men 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

√ 

√ 

√ 

x 

E! 

0.1% 

PR/NI 

SA/CA 

E!  Entertainment 
Television 

PR/NI 

SA/CA 

NO 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

EN 

205 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Living TV 

0.9% 

0.8% 

PR/NI 

SA/CA 

Trouble 

0.3% 

0.2% 

PR/NI 

SA/CA 

f/x Channel 

0.2% 

0.2% 

PR/NI 

SA/CA 

(France) 

E!  Entertainment 
Television (Italy) 

E!  Entertainment 
Television  (UK  & 
Ireland) 

EWTN 

FX+ 

Front Row 

DoveVision TV 

Unity TV 

ITV4 

Jetix Poland 

Jetix UK 

Kanal 5 

Life TV 

Life Showcase 
Limited 

Life 24 

Loveworld TV 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

0.1% 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NC 

PR/NI 

SA/CA 

NO 

0.5% 

PR/NI 

SA/CA/
D 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

True Movies 

0.3% 

0.2% 

PR/NI 

SA/CA 

True Movies 2 

Comedy  Central 
Polska 

MTV (Ireland) 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

EN 

206 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

MTV Base 

0.1% 

0.1% 

PR/NI 

SA/CA 

MTV Denmark 

MTV Europe 
(North) 

MTV Finland 

MTV Nordic 
(Sweden) 

MTV Norway 

MTV Polska 

MTV Portugal 

Nickelodeon 
(France) 

Nickelodeon 
Europe 

Nickelodeon 
Portugal 

Nickelodeon 
Scandinavia 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

x 

x 

√ 

x 

√ 

x 

x 

x 

x 

x 

x 

√ 

√ 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

MTV UK 

0.3% 

0.2% 

PR/NI 

SA/CA 

VH1 

0.2% 

0.1% 

PR/NI 

SA/CA 

VH1 - Export 

PR/NI 

SA/CA 

VH1 Classic 

0.1% 

0.1% 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

0.1% 

0.1% 

PR/NI 

SA/CA 

VH1 Europe 
Classics 

VH1 Polska 

National 
Geographic 
Channel 

National 
Geographic 
Channel  -  Central 
Europe 

PR/NI 

SA/CA 

x 

EN 

207 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

National 
Geographic 
Channel Benelux 

National 
Geographic 
Channel HD 

Wild 

Nick Jr 

Nick Jr (Eire) 

x 

x 

x 

x 

x 

x 

x 

PR/NI 

SA/CA 

0.5% 

0.5% 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

Nickelodeon 

0.3% 

0.3% 

PR/NI 

SA/CA 

Nickelodeon 
(Eire) 

PR/NI 

SA/CA 

Nicktoons 

0.4% 

0.3% 

PR/NI 

SA/CA 

Nicktoons TV 

PR/NI 

SA/CA 

Select Kino 

Paramount 
Comedy 

Paramount 
Comedy 2 

Paramount 
Comedy Ireland 

Playboy 

Playboy (France) 

Playboy One 

Playboy TV 

Spice Extreme 

Trade.TV 

Television X 2 

Television X 3 

PR/NI 

SA/CA 

NO 

0.2% 

0.3% 

PR/NI 

SA/CA 

x 

0.2% 

0.2% 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

0.1% 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

√ 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

√ 

√ 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

EN 

208 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Television X 4 

Only 18 

Red Hot All Girl 

Red Hot Wives 

SBS  Broadcasting 
Network 

The  Voice  TV 
(Norway) 

The  Voice  TV 
(Sweden) 

Kanal 4 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

Kanal 5 Denmark 

PR/NI 

SA/CA 

Sci Fi TV 

0.4% 

0.3% 

PR/NI 

SA/CA 

Sci Fi Channel 
Europe 

PR/NI 

SA/CA 

x 

x 

x 

Hallmark Channel  0.8% 

0.5% 

PR/NI 

SA/CA 

NO 

Hallmark  Channel 
(Central Europe) 

Hallmark  Channel 
(Czech Republic) 

Hallmark  Channel 
(Italy) 

Hallmark  Channel 
(Scandilux) 

Hallmark 
Entertainment 
Network (UK) 

Movies 24 

Movies 24 + 

Crime & 
Investigation 
Network 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

√ 

√ 

√ 

√ 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

209 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

History Channel 
HD 

The Biography 
Channel 

The History 
Channel 

PR/NI 

SA/CA 

NO 

0.1% 

0.1% 

PR/NI 

SA/CA 

x 

0.2% 

0.1% 

PR/NI 

SA/CA 

x 

ABC 1 

0.2% 

0.4% 

PR/NI 

SA/CA/
D 

Disney Channel 

0.3% 

0.4% 

PR/NI 

SA/CA 

Disney Channel 
Middle East 

PR/NI 

SA/CA 

Disney Cinemagic 

PR/NI 

SA/CA 

Playhouse Disney 

0.1% 

0.2% 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

Ontv 

Boomerang 
(French) 

Boomerang 
(German) 

Boomerang 
(Italian) 

Boomerang  (Pan-
European) 

Boomerang 
(Spain) 

Cartoon Network 
(EMEA) 

Cartoon Network 
(Italian) 

Cartoon Network 
(Nordic) 

Cartoon Network 
(Spanish 
language) 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

0.6% 

0.4% 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

210 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Cartoon Network 
Too 

Cartoon Network 
UK 

Cartoon 
Network/Turner 
Classic Movies 
(CEE) 

Cartoon Networks 
Boomerang 

TCM (French 
language) 

TCM (Germany) 

TCM (Spanish 
language) 

TCM (Turner 
Classic Movies) 

TCM Pan-
European 

TCM2 

Toonami 

UCBTV 

3+ 

TV3 Denmark 

TV3 Norway 

TV3 Sweden 

TV6 

Viasat Explorer 

ZTV Norway 

Zone Europa 

Zone Fantasy 

0.1% 

0.1% 

PR/NI 

SA/CA 

NO 

0.3% 

0.3% 

PR/NI 

SA/CA/
D 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

x 

0.3% 

0.2% 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

x 

PR/NI 

SA/CA 

NO 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

PR/NI 

SA/CA 

NO 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

EN 

211 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005  AS 2006  Type 

TM 

C 2005 

C 2006 

Zone Horror 

0.1% 

0.1% 

PR/NI 

SA/CA 

x 

Zone Horror 
(Netherlands) 

PR/NI 

SA/CA 

NO 

Zone Reality 

0.1% 

0.1% 

PR/NI 

SA/CA 

Zone Reality 
(EMEA 2) 

PR/NI 

SA/CA 

Zone Reality (UK)  0.1% 

0.1% 

PR/NI 

SA/CA 

Zone Reality +1 

0.1% 

0.1% 

PR/NI 

SA/CA 

Zone Reality 
Extra 

Zone Romantica 

Zone Thriller 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

PR/NI 

SA/CA 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

212 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BACKGROUND  DOCUMENT  9  —  List  of  television  channels  in  the  Member  States 
which failed to achieve the minimum proportion required by Article 5  

Transmission mode (TM) 

Conformity (C) 

Type 

PS 

PR 

PY 

Public service 

Commercial 

Pay-TV 

IA 

Interactive  

TE 

SA 

CA 

IP 

Terrestrial 

Satellite 

√ 

X 

Cable 

NC 

Internet 

NO 

Target met 

Target not met

Data not 
communicated

Channel not 
in operation 

Channel 
excluded 

NI 

Niche/special interest  D 

Digital 

EX 

Other  

Sports/news/   
teleshopping/   
near-video-on-
demand 

A 

Analogue 

DVB-H 

Digital  video 
broadcasting 
- handheld 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Member 
State 

Channel 

BE 

FL  Canvas 

FR  11TV 

CY 

CyBC-1 

CyBC-2 

Antenna 

Mega 

SA/CA  x 

IP 

TE 

TE 

TE 

TE 

SA 

SA 

NO 

x 

x 

x 

x 

NC 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

PY 

PS 

PS 

PR 

PR 

PR 

PR 

CZ 

HBO 

HBO 2 

NC 

NC 

NC 

NC 

EN 

213 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Cinemax 

CS film 

RTA ZLÍN 

RTA JIŽNÍ ČECHY 

RTA OSTRAVA 

RTM 

NC 

NC 

NC 

NC 

NC 

NC 

RTA VÝCHODNÍ ČECHY  NC 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

DK 

TV/MIDTVEST 

3.5% 

3.2% 

PS 

TV 2/NORD 

3.5% 

3.2% 

PS 

TV 2 /ØSTJYLLAND 

3.5% 

3.2% 

PS 

TV 2 LORRY 

3.5% 

3.2% 

PS 

TV 2/FYN 

TV 2 ØST 

3.5% 

3.2% 

PS 

3.5% 

3.2% 

PS 

TV 2/BORNHOLM 

3.5% 

3.2% 

PS 

DK4 

24NORDJYSKE 

PR 

NI 

SA 

SA 

TE 

TE 

TE 

TE 

TE 

TE 

TE 

TE 

TE 

TE 

TE 

TE 

SA 

SA 

NC 

NC 

NC 

NC 

NC 

NC 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

x 

DE 

Phoenix 

0.6% 

0.7% 

PS 

SA/CA/D x 

TOON Disney 

PY 

CA/IP 

GR 

NET 

9.1% 

10.1% 

PS 

TE/D 

DISCOVERY 

MGM 

CHANNEL OF THE GREEK 
PARLIAMENT 

ET3 

EUROVISION CHANNEL  

SA 

SA 

SA 

SA 

SA 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

EN 

214 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

FILMNET SUMMER 

SUPERSPORT 1 

SUPERSPORT 2 

SUPERSPORT 3 

SUPERSPORT SPECIAL/ 
SUPERSPORT 4 

MOTORS TV 

HISTORY CHANNEL 

MEZZO 

JETIX 

CARTOON NETWORK 

CHASSE & PECHE 

MTV 

VH1 

TCM 

MAD MUSIC AWARDS 

ALFA TV - CYPRUS 

SA 

Other 

SA 

Other 

SA 

Other 

SA 

Other 

SA 

Other 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

ES 

AXN 

0.02% 

0.02% 

PR 

SA/CA/ 
IP 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

Cosmopolitan 

0.11% 

0.2% 

PR 

SCI FI  

NO 

0.93% 

PR 

SA/CA/ 
IP 

√ 

SA/CA/ 
IP 

NO 

Canal Extremadura tv  

PS 

TE/D/A  x 

Telemadrid 

2.2% 

1.7% 

PS 

TE/D/A  x 

FR 

TMC 

W9 

3.8% 

PR 

3.3% 

PR 

D 

D 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NC 

x 

x 

x 

x 

NO 

√ 

x 

x 

x 

√ 

√ 

x 

EN 

215 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

AB 1 (2) 

0.3% 

0.3% 

SA/CA  √ 

Berbère TV 

Demain 

Game One 

Tchatche TV 

SA/CA/ 
IP 

NC 

SA/CA/ 
IP 

NC 

0.1% 

0.1% 

SA/CA  √ 

SA/CA  x 

TF6 (2) 

1.1% 

1% 

SA/CA  √ 

IT 

Gambero Rosso 

RaiSat Ragazzi 

RaiSat Smash 

RaiSat YoYo 

RaiSat Cinema 

RaiSat Premium 

RaiSat Extra 

SKY CINEMA HD 

SKY CINE SHOTS 

SKY SPORT HD 

SKY SPORT MOBILE 

SKY VIVO MOBILE 

SKY SHOW 

SKY SHOW MOBILE 

SKY SPORT 24 

Calcio Sky 

Diretta Gol 

Sky + Sky 112 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

x 

x 

NO 

NO 

x 

x 

x 

NO 

NO 

NO 

DVBH  NO 

DVBH  NO 

SA 

NO 

DVBH  NO 

SA 

SA 

SA 

SA 

NO 

x 

x 

x 

x 

x 

x 

x 

NC 

X 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

NO 

EN 

216 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Sky 109 + Sky Vivo 

Sky Assist 

Sky Cinema 1 

Sky Cinema 16:9 

Sky Cinema 2 

Sky Cinema 3 

Sky Cinema Max 

Sky Meteo 24 

Sky On Air 

Sky Primafila 

Sky Sport 

Sky Sport 1 

Sky Sport 2 

Sky Sport 3 

Sky Sport Extra 

Sky Tg 24 

La7 Sport 

Planet 

SAILING CHANNEL 

SAILING CHANNEL 
(second version) 

Caccia e Pesca 

Jimmy 

Polonia 1 

Tele 5 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

TE/D 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

NO 

√ 

√ 

x 

x 

x 

x 

√ 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

x 

x 

x 

EN 

217 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

FOX 

FOXCRIME 

FOXLIFE (second version) 

FX 

Alice 

E’TV MARCHE 

E’TV RETE 7 

Playlist ITALIA 

Radio Italia TV 

VIDEO ITALIA 

Studio Europa 

Telestudio Modena 

SICILIA CHANNEL 

CLASS CNBC 

GBR 

Delta tv 

TELEGENOVA 

Incremento finanziario 

STUDIO 100 TV 

LA 9 

L’ANTENNA SRL-OASI TV  

MATCH MUSIC  

MEDIOLANUM CHANNEL  

ROMA SAT 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

TE 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

x 

x 

x 

NO 

x 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

NC 

NO 

x 

x 

x 

√ 

x 

NO 

x 

x 

√ 

x 

√ 

x 

x 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

x 

x 

EN 

218 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Milan Channel 

Key Tv 

RETE ORO 

ROCK TV 

SARDEGNA UNO TV 

SARDINIA CHANNEL 

Telelibera 63 

TELESUD 

TELELOMBARDIA SAT 

BERGAMO TV 

RETECAPRI 

TBNE 

MEDITERRANEO SAT  

TVA VICENZA 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

LNK 

24.8% 

23.4% 

PR 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

SA 

TE 

SA 

SA 

SA 

TE 

x 

x 

x 

x 

x 

x 

x 

NO 

x 

x 

NC 

x 

x 

x 

x 

Nordliicht TV 

NC 

NC 

PR 

SA/CA  x 

Viasat3 

BPTV 

HírTV 

3.7% 

4.3% 

PR 

NC 

NC 

NC 

NC 

PR 

Other 

SA 

SA 

SA 

x 

x 

x 

LT 

LU 

HU 

NL 

Zeeland 

<3.5% 

<3.5% 

PS 

TE/CA  √ 

Private Gold 

<3.5% 

<3.5% 

PR 

Hustler TV 

<3.5% 

<3.5% 

PR 

XXX Xtreme 

<3.5% 

<3.5% 

PR 

CA 

CA 

CA 

x 

x 

x 

PL 

TVN MED  

PR 

SA/D 

NO 

√ 

NC 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

x 

x 

√ 

√ 

x 

x 

NO 

x 

x 

x 

EN 

219 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

TVN GRA 

TVN 24  

1.2% 

2% 

PR 

PR 

SA/D 

NO 

SA/D 

TVN Meteo  

0.1% 

0.1% 

PR 

SA/D 

EDUSAT  

EDUSAT BIS  

4fun.tv 

Tele 5  

iTV 

PR 

PR 

SA/D 

SA/D 

0.1% 

0.1% 

PR 

SA/D 

0.3% 

0.3% 

PR 

SA/D 

0% 

0.1% 

IA 

SA/D 

x 

x 

x 

x 

√ 

√ 

x 

Trochę  Młodsza  Telewizja 
(TMT) 

PT 

SIC Radical 

SIC Mulher 

TVI 

SI 

POP TV 

NC 

NC 

63% 

73% 

TV 3 

RTS 

ATV SIGNAL LITIJA 

TELEVIZIJA CELJE 

KANAL 10 

NC 

NC 

NC 

NC 

GORENJSKA  TELEVIZIJA 
- GTV 

NC 

Subtv 

4% 

NC 

NC 

10% 

11% 

NC 

5% 

FI 

SE 

Viasat Nature/Crime 

0.4% 

0.3% 

NI 

Aftonbladet TV7 

NO 

Di TV 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

PR 

SA/D 

x 

SA/CA  x 

SA/CA  √ 

TE/SA/  
CA 

TE 

TE 

TE 

TE 

x 

x 

x 

x 

x 

CA/TE  x 

TE 

NC 

CA 

x 

TE/CA  x 

SA 

TE 

x 

NO 

SA/CA  x 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

√ 

x 

x 

√ 

√ 

x 

NC 

√ 

x 

x 

√ 

x 

x 

EN 

220 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
AS 2005

AS 2006

Type 

TM 

2005 

2006 

Member 
State 

Channel 

UK 

Film 4 

Film Four Weekly 

Muslim TV Ahmadiyya 
International  

AXN 

AXN (Italy) 

AXN Crime 

AXN Sci Fi 

AXN (Germany, Switzerland, 
Austria) 

Baby TV 

PR/NI 

SA/CA/D x 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

REN TV (Baltic version) 

PR/NI 

SA/CA  NO 

Turn on TV 

Kiss 

18 Plus Movies 

Sky Box Office 

PR/NI 

SA/CA  NO 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

Sky Movies Action/Thriller  0.4% 

0.3% 

PR/NI 

SA/CA  x 

Sky Movies Comedy 

0.4% 

0.4% 

PR/NI 

SA/CA  x 

Sky Movies Premier 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

Sky Venue 

Rockworld 

Channel M TV for 
Manchester 

Bliss 

Flaunt 

Scuzz 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

√ 

EN 

221 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Tiny Pop 

0.2% 

0.1% 

PR/NI 

SA/CA  x 

Animal Planet (Italy) 

PR/NI 

SA/CA  x 

Discovery (Central & Eastern 
Europe) 

Discovery (Middle East, 
Africa and Turkey) 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  √ 

Discovery Channel (Italy) 

PR/NI 

SA/CA  NO 

Discovery Channel (UK) 

0.5% 

0.4% 

PR/NI 

SA/CA  NO 

Discovery Channel (Benelux)  

PR/NI 

SA/CA  NO 

Discovery Channel (Nordic) 

PR/NI 

SA/CA  NO 

Discovery Channel France 

PR/NI 

SA/CA  x 

Discovery HD 

PR/NI 

SA/CA  NO 

Discovery HD Europe 

PR/NI 

SA/CA  NO 

Discovery Real Time (France) 

PR/NI 

SA/CA  x 

Discovery Real Time (Italy) 

PR/NI 

SA/CA  x 

Discovery  Travel  &  Living 
(Italy) 

PR/NI 

SA/CA  √ 

Discovery Historia 

PR/NI 

SA/CA  NO 

ACTIONMAX 

Movies4Men 

E! 

My Channel 

EWTN 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

0.1% 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

f/x Channel 

0.2% 

0.2% 

PR/NI 

SA/CA  x 

FX+ 

Front Row 

0.1% 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

√ 

√ 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

x 

x 

√ 

√ 

x 

x 

√ 

x 

x 

x 

EN 

222 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

DoveVision TV 

Islam Channel 

Unity TV 

ITV3 

ITV4 

PR/NI 

SA/CA  NC 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  NO 

1.2% 

1.4% 

PR/NI 

SA/CA/D x 

0.5% 

PR/NI 

SA/CA/D x 

The Business Channel 

PR/NI 

SA/CA  NO 

Loveworld TV 

MUTV 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  x 

True Movies 

0.3% 

0.2% 

PR/NI 

SA/CA  x 

True Movies 2 

PR/NI 

SA/CA  NO 

Comedy Central Polsk 

PR/NI 

SA/CA  NO 

MTV Polska 

PR/NI 

SA/CA  √ 

Nickelodeon (France) 

PR/NI 

SA/CA  x 

Nickelodeon Scandinavia 

PR/NI 

SA/CA  √ 

Viva Polska 

Open Access 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  x 

Paramount Comedy 

0.2% 

0.3% 

PR/NI 

SA/CA  x 

Paramount Comedy Ireland 

PR/NI 

SA/CA  x 

Playboy 

Playboy (France) 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

The Voice TV (Norway) 

PR/NI 

SA/CA  √ 

The Voice TV (Sweden) 

PR/NI 

SA/CA  √ 

Kanal 5 Denmark 

PR/NI 

SA/CA  √ 

Sci Fi Channel Europe 

PR/NI 

SA/CA  x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

√ 

√ 

√ 

x 

x 

x 

x 

x 

x 

EN 

223 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Hallmark Channel 

0.8% 

0.5% 

PR/NI 

SA/CA  NO 

Hallmark Channel (Central 
Europe) 

Hallmark Channel (Czech 
Republic) 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

Hallmark Channel (Italy) 

PR/NI 

SA/CA  x 

Hallmark Channel 
(Scandilux) 

Movies 24 

movies 24 + 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  NO 

The Baby Channel 

PR/NI 

SA/CA  x 

Crime & Investigation 
Network 

PR/NI 

SA/CA  NO 

History Channel HD 

PR/NI 

SA/CA  NO 

The Biography Channel 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

The History Channel 

0.2% 

0.1% 

PR/NI 

SA/CA  x 

ABC 1 

0.2% 

0.4% 

PR/NI 

SA/CA/D x 

Disney Channel 

0.3% 

0.4% 

PR/NI 

SA/CA  x 

Disney Channel Middle East   

PR/NI 

SA/CA  x 

Disney Cinemagic 

PR/NI 

SA/CA  x 

Playhouse Disney 

0.1% 

0.2% 

PR/NI 

SA/CA  x 

Playhouse Disney 
(Scandinavia) 

The Disney Channel 
Scandinavia 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

Toon Disney Scandinavia 

PR/NI 

SA/CA  x 

Ontv 

PR/NI 

SA/CA  NO 

Boomerang (German) 

PR/NI 

SA/CA  NO 

x 

x 

x 

x 

x 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

√ 

X 

X 

X 

X 

X 

EN 

224 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Boomerang (Italian) 

PR/NI 

SA/CA  x 

Boomerang (Pan-European)  0.6% 

0.4% 

PR/NI 

SA/CA  x 

Cartoon Network (EMEA) 

PR/NI 

SA/CA  x 

Cartoon Network (French 
language) 

PR/NI 

SA/CA  x 

Cartoon Network (Germany)   

PR/NI 

SA/CA  NO 

Cartoon Network (Italian) 

PR/NI 

SA/CA  x 

Cartoon Network (Spanish 
language) 

PR/NI 

SA/CA  x 

Cartoon Network Too 

0.1% 

0.1% 

PR/NI 

SA/CA  NO 

Cartoon Network/Turner 
Classic Movies (CEE) 

PR/NI 

SA/CA  x 

TCM (French language) 

PR/NI 

SA/CA  x 

TCM (Turner Classic 
Movies) 

0.3% 

0.2% 

PR/NI 

SA/CA  √ 

TCM Pan-European 

PR/NI 

SA/CA  √ 

TCM2 

Toonami 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

UKTV Drama 

0.2% 

0.4% 

PR/NI 

SA/CA  x 

UKTV People 

0.2% 

0.1% 

PR/NI 

SA/CA  x 

3+ 

3+ (Baltics) 

TV3 Denmark 

TV3 Norway 

TV6 

Viasat Explorer 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

X 

X 

X 

√ 

X 

X 

X 

X 

X 

X 

X 

X 

X 

√ 

X 

√ 

X 

X 

√ 

X 

√ 

X 

EN 

225 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Channel 

AS 2005

AS 2006

Type 

TM 

2005 

2006 

Viasat History 

ZTV 

ZTV Norway 

Sumo TV 

Zone Club (Hungary) 

Zone Europa 

Zone Fantasy 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  NO 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  √ 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  NO 

Zone Horror 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

Zone Horror (Netherlands) 

PR/NI 

SA/CA  NO 

Zone Reality 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

Zone Reality (EMEA 2) 

PR/NI 

SA/CA  x 

Zone Reality (UK) 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

Zone Reality +1 

0.1% 

0.1% 

PR/NI 

SA/CA  x 

Zone Reality Extra 

Zone Romantica 

Zone Thriller 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

PR/NI 

SA/CA  x 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

x 

EN 

226 

   EN