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 [SEC(2008) 2310]
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 
COM(2008) 481 final 

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 

[SEC(2008) 2310] 

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1. 

INTRODUCTION 

This Communication is drawn up pursuant to Article 4(3) of Council Directive 89/552/EEC of 
3  October  1989  on  the  coordination  of  certain  provisions  laid  down  by  law,  regulation  or 
administrative  action  in  Member  States  concerning  the  pursuit  of  television  broadcasting 
activities,1 as amended by Directive 97/36/EC of the European Parliament and of the Council 
of  30  June  19972  (‘Television  without  Frontiers  Directive’,  hereinafter  referred  to  as  ‘the 
Directive’). Through this Communication, the Commission reports, for the eighth time since 
the adoption of the Directive, on the application of Articles 4 and 5, now for the period 2005-
2006.  It  is  based  on  the  Member  States’  statistical  statements  on  the  achievement  of  the 
proportions referred to in these Articles by each of the television programmes falling within 
their  jurisdiction  and  presents  the  Commission’s  opinion  on  the  application  of  these 
provisions, including the main conclusions to be drawn from the Member States’ reports. 

The  purpose  of  this  biennial  reporting  exercise  is  twofold.  First,  the  Communication  brings 
the  statistical  statements  by  the  Member  States  to  the  attention  of  the  other  Member  States, 
the European Parliament and the Council, the European Economic and Social Committee and 
the  Committee  of  the  Regions.  Second,  it  aims  to  verify  whether  the  measures  adopted  to 
promote  European  and  independent  productions  have  been  properly  applied  in  the  Member 
States.  

For the first time, the statistical statements of the ten Member States that joined the European 
Union (EU) on 1 May 2004 are presented and assessed for the entire reference period of the 
report (2005-2006).3 Furthermore, it  should be  noted that Articles 4 and 5 (in particular the 
former)  are  being  successfully  applied  in  a  changing  audiovisual  environment:  for  the  first 
time, channels broadcasting in Digital Video Broadcasting-Handheld (DVB-H) are listed in a 
Member State’s report.4  

Additional  detailed  information  can  be  found  in  the  nine  background  documents  in  the 
Commission staff working paper accompanying the Communication. The Working Paper also 
contains statistical data provided for the reference period by the two new Member States that 
joined  the  EU  on  1  January  2007,  Bulgaria  and  Romania.5  Although  these  Member  States 
were  not  obliged  to  submit  reports  for  the  reference  period;  they  decided  to  provide  their 
statistical statements on a voluntary basis. 

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OJ L 298, 17.10.1989. 
OJ L 202, 30.07.1997. 
In the last (seventh) Communication (COM(2006) 459 final), compliance with Article 4 and 5 by these 
10 new Member States was reported only for the relevant part of the reference period, namely from 1 
May to 31 December 2004. 
Italy featured four such channels in its report. See Background Document 4, Commission staff working 
document accompanying this Communication, SEC (final) XYZ, (hereinafter ‘Working Paper’), p. 88. 
See Background Document 5, Working Paper. 

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2. 

COMMISSION’S OPINION ON THE APPLICATION OF ARTICLES 4 AND 5 

2.1. 

General remarks 

2.1.1.  Articles 4 and 5 in the context of the European audiovisual landscape 

The  European  audiovisual  landscape  has  been  constantly  expanding.  Every  year,  more  and 
more  broadcasters  and  channels  are  entering the  European  market,  resulting  in  an  increased 
fragmentation of audiences. The number of channels covered6 by Articles 4 and 5 within the 
EU,  which  grew  from  584  channels  in  2003  to  765  in  2004,  rose  again  to  949  channels  in 
2005 and 1096 channels in 2006.7 This represents an increase of 512 channels, or 88%, in the 
number  of  channels  covered  over  four  years  (2003-2006).  This  trend  cannot  solely  be 
explained by the EU enlargement in 2004 (which added 111 new channels in 2004, rising to 
155 in 2006): even the EU-15 experienced significant growth, with 357 new channels since 
2003,  representing  an  increase  of  61%.8  This  reflects  the  continual  growth  in  European 
television programming and thus the enduring vitality of the European audiovisual industry.9  

At the same time, this development points to the rising fragmentation of European audiences. 
The  audience  share  of  the  ‘primary’  channels  has  decreased,  and  a  shrinking  number  of 
channels are able to attract a significant audience share. The major national markets, such as 
Germany,  France,  Italy  and  the  UK,  are  the  first  to  be  affected  by  this  ever-increasing 
fragmentation.10 

2.1.2.  Methods of implementation and monitoring by the Member States 

The  methodology  and  intensity  of  monitoring  varies  substantially  between  the  different 
Member  States.11  They  range  from  mere  estimates  and  surveys  to  regular  monitoring  of 
programming  and  sampling  methods.  In  some  Member  States,  independent  regulatory 
authorities  or  government  departments  are  responsible  for  data  collection  and  analysis, 
whereas  in  other  cases  private  research  companies  are  entrusted  with  this  task.  In  quite  a 
number of Member States, the monitoring bodies rely on the statistical statements submitted 
by  the  broadcasters,  confining  themselves  to  cross-checking  these  submissions  against  the 
data at their disposal. 

During the reference period, most Member States provided comprehensive information to the 
Commission. Following clarifications by the competent bodies, the Commission was able to 
compile  the  required  data.  There  has  been  a  considerable  improvement  in  the  quality  of 
reporting, which is reflected in the number of channels reported. 

This notwithstanding, some Member States’ reports listed a rather high number of 10 or more 
channels  for  which  no  data  were  communicated  on  either  European  works  or  independent 
productions, or both.12 The Commission reiterates that the reporting obligation under Article 

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See Indicator 1, Background Document 1, Working Paper. 
See Background Document 2, Chart 1, Working Paper. 
See Background Document 2, Table 1, Working Paper. 
See Background Document 2, Chart 1, Working Paper. 
See Background Document 4, Working Paper.  
Ibid. 
The report by the Czech Republic listed 13 channels for which no data were communicated as regards 
European  works  and  20  channels  with  no  data  on  independent  productions  for  2005.  For  Italy,  the 
figure was 10 channels as regards both categories for 2006. For France, no data were provided on 18 

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4(3)  of  the  Directive  applies  to  ‘each  of  the  television  programmes  falling  within  the 
jurisdiction  of  the  Member  State  concerned’,  irrespective  of  its  mode  of  transmission  or 
audience share.13 It is the responsibility of each Member State to provide a comprehensive list 
of and full data on all channels covered by Articles 4 and 5 of the Directive, unless specific 
and substantiated reasons are given for not doing so. 

The  application  of  Articles  4  and  5  of  the  Directive  still  varies  considerably  among  the 
Member States. For example, the minimum proportion of independent works required under 
Article  5  of  the  Directive  can  relate  either  to  broadcasters’  transmission  time  or  their 
programming  budget:  the  choice  is  left  to  the  discretion  of  the  Member  States.14  Certain 
divergences can be observed as regards the notion of qualifying transmission time: while the 
majority  of  the  Member  States  have  directly  implemented  in  national  law  the  ‘negative’ 
definition  contained  in  Articles  4  and  5,  some  of  them  have  excluded  further  categories  of 
programmes  from  this  definition,  or  introduced  a  ‘positive’  definition  of  qualifying 
programmes,  thus  making  it  more  difficult  to  achieve  the  required  proportions.  Moreover, 
many Member States have established more detailed or stricter rules in the area concerned.15 

These  and  other  variations  within  the  scope  allowed  by  the  Directive  make  an  objective 
measurement  of  the  statistical  statements  of  the  Member  States  difficult.  Nevertheless,  the 
findings  presented  below  allow  the  Commission  to  draw  reliable  conclusions  from  the 
national reports as to the actual implementation of Articles 4 and 5. 

2.1.3.  Analysis and assessment tools 

Under Article 4(3) of the Directive, the Commission ensures the application of Articles 4 and 
5 in accordance with the provisions of the Treaty. In order to help the Member States fulfil 
their reporting obligation, guidelines defining certain terms and clarifying key concepts in the 
implementation of Articles 4 and 5 have been drawn up.16 Moreover, a number of indicators17 
have  been  defined  to  provide  an  objective  analysis  grid  to  assess  the  reports  submitted  by 
Member States.  

The above considerations form the background for the Commission’s opinion as presented in 
this  Communication,  which  sets  out  below  the  general  trends  in  the  application  of  the 

channels as regards independent productions for both 2005 and 2006; the Slovenian report lists 11 such 
channels. 
As confirmed in the Suggested Guidelines for the Monitoring of the Implementation of Articles 4 and 5 
of the ‘Television without Frontiers’ Directive of 11 June 1999, ‘(…) where a broadcaster broadcasts 
more  than  one  channel,  the  proportions  (of  European  and  independent  works)  shall,  in  principle,  be 
given for each relevant channel’, available at 
http://ec.europa.eu/avpolicy/docs/reg/tvwf/eu_works/controle45_en.pdf. 
Until recently, France was the only Member State which informed the Commission that it made use of 
the second option. The proportions of independent productions are calculated in France on the basis of 
turnover for digital terrestrial channels and on the basis of programming budget for cable and satellite 
channels, see Background Document 4, Working Paper, p. 83. Italy has now followed by replacing the 
obligation to reserve at least 10% of broadcasting time for independent productions with the obligation 
to  invest  at  least  10%  of  a  channel’s  revenue  in  such  works,  see  Background  Document  4,  Working 
Paper, p. 97.  
As explicitly permitted by Article 3(1) of the Directive. A number of Member States have made use of 
this  option,  e.g.  they  oblige  some  or  all  broadcasters  to  comply  with  higher  percentage  requirements 
than those provided for in the Directive. 
See footnote 13 above. 
See Background Document 1, Working Paper. 

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measures  to  promote  the  production  and  distribution  of  European  television  programmes  at 
EU level.18 

2.1.4.  Application of Article 4 

This  section  contains  an  analysis  of  compliance  with  the  obligation  to  broadcast,  where 
practicable and by appropriate means, a majority proportion of European works as set out in 
Article 4 of the Directive. 

In  the  EU,  the  average  transmission  time  reserved  for  European  works  by  all  the  reported 
channels in all EU-25 Member States was 63.52% in 2005 and 65.05% in 2006, representing 
an  increase  of  1.53  percentage  points  over  the  reference  period.  Compared  with  the  last 
reporting  period  (65.18%  in  2003  and  63.32%  in  2004),  the  average  proportion  of 
transmission time dedicated to European works decreased slightly by -0.13 percentage points 
over  the  four  consecutive  years  (2003-2006).  Looking  at  a  period  of  six  years  (66.95%  in 
2001 and 66.10% in 2002), the average proportion decreased by -1.90 percentage points.  

Thus, the mid-term trend seems to suggest slightly declining figures. However, it is important 
to  note  that  the  reliability  of  such  comparisons  is  subject  to  a  number  of  caveats.  First,  the 
report  for  the  period  2001-2003  covered  EU-15  states  only.  The  last  report  for  the  period 
2003-2004  included  the  statistical  statements  of  the  Member  States  joining  the  EU  in  May 
2004 for just a limited period of a few months. The average proportion of transmission time 
devoted by these countries to European works during the reference period (2005-2006) was 
64.15%  in  2005  and  then  67.30%  in  2006,  while  in  the  post-accession  period  (May  to 
December 2004) they had a significantly lower average of 61.77%. Considering that the new 
Member States still needed a period of adaptation to the requirements of the Directive, their 
performance merits acclaim. It lies well above the proportions achieved by the EU-15 (1.05 
percentage  points  higher  than  EU-15  in  2005  and  3.75  points  in  2006).  In  other  words,  the 
successful implementation of Article 4 in these Member States, already foreshadowed in the 
last  report,  is  now  confirmed.  These  optimistic  results  give  reason  to  hope  that  possible 
stagnation within the EU-15 will be offset by a positive trend in the EU-10. 

Second,  it  must  be  borne  in  mind  that,  since  the  last  report,  the  average  proportions  of 
European  works  have  been  based  on  all  channels  and  not  solely  on  those  with  an  audience 
share of at least 3%.19 As a result of the growing fragmentation of the sector, a considerable 
number of small niche channels have emerged, which may initially have problems in showing 
a majority proportion of European works. Finally, it must be emphasised that the figures have 
remained relatively stable and on average well above the 50% minimum, which testifies to the 
generally sound application of Article 4 throughout the EU.  

Looking  at  Member  State  level,  the  average  share  of  transmission  time  varied  between 
47.31%  (Slovenia)  and  81.14%  (Denmark)  in  2005  and  between  45.44%  (Sweden)  and 

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Details  of  the  application  in  each  Member  State  are  presented  in  Background  Document  4  of  the 
Working Paper. 
The  previous  methodology  of  excluding  channels  with  less  than  a  3%  audience  share  from  reporting 
may  have  had  the  merit  of  yielding  more  ‘weighted’  results.  However,  it  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. Nonetheless, 
in  order  to  underline  the  relative  importance  of  ‘primary’  channels,  Background  Document  7  of  the 
Working  Paper  shows  the proportions of  transmission  time  reserved  for European works  by  channels 
with audience shares above 3%. 

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81.07%  (Poland)  in  2006.  The  trend  in  terms  of  the  average  share  of  transmission  time 
devoted to European works over the reference period was positive in 15 and negative in 10 
Member  States.  Over  the  medium  term,  looking  at  the  previous  reference  period  and  the 
subsequent  development,  performance  has  been  mixed:  thirteen  Member  States  have  not 
made any progress in meeting the 50% proportion of European works, while twelve Member 
States increased their average majority proportion either over four years (2003-2006) or from 
the  beginning  of  reporting  in  2004  (for  the  EU-10).  This  seemingly  less  satisfying  result  is 
mitigated,  however,  when  taking  into  account  that  nine  Member  States  saw  a  decrease  in 
performance of just five percentage points or less over the four-year term. Only three Member 
States encountered difficulties in achieving the majority proportion specified by Article 4 in 
either 2005 or 2006.20  

As regards the total number of channels complying with the majority proportion requirement 
of Article 4, the average compliance rate for all reported channels in all Member States was 
68.60%  in  2005  and  72.88%  in  2006.  This  represents  an  increase  of  4.28  percentage  points 
during the reference period and 4.60 points over the period 2003-2006 (68.28% in 2003 and 
72.80%  in  2004).  Taking  into  account  the  fragmentation  of  the  sector,  accompanied  by  a 
growing  number  of  special-interest  and  niche  channels,  the  positive  development  already 
noted  in  the  last  report  has  been  sustained,  as  the  compliance  figures  have  stabilised  at  a 
relatively  high  level.  The  compliance  rates  for  all  channels  covered  at  Member  State  level 
ranged  from  30%  (Slovenia)  to  100%  (Latvia,  Malta  and  the  Slovak  Republic)  in  2005.  In 
2006,  they  varied  between  41%  (Slovenia  and  Sweden)  and  100%  (Estonia,  Malta  and  the 
Slovak  Republic).  During  the  reference  period,  compliance  rates  rose  in  twelve,  remained 
unchanged in five and decreased in eight Member States.  

The  above  results  show  a  generally  positive  picture  as  regards  the  objectives  of  Article  4. 
Overall,  the  majority  proportion  required  by  Article  4  has  largely  been  achieved  by  the 
Member States, including the new Member States, the average proportion having stabilised at 
a relatively high level of over 63%, well above the 50% minimum set by the Directive, with 
continuously  rising  compliance  rates.  Moreover,  as  demonstrated  by  the  figures  voluntarily 
provided by Romania and Bulgaria,21 the integration of these new Member States within the 
regime of the Directive for the next report should pose no problems as regards the promotion 
of European works. 

2.1.5.  Application of Article 5 

This second part of the Communication looks at compliance with the minimum requirement 
under Article 5 of the Directive. 

In the EU, the average proportion of European works by independent producers (independent 
productions) on all reported channels in all Member States was 36.44% in 2005 and 37.59% 
in  2006,  representing  an  increase  of  1.15  percentage  points  over  the  reference  period.  This 
represents an improvement compared with the previous reference period (2003-2004), when 
there  was  only  a  slight  increase  of  0.11  percentage  points  (31.39%  in  2003  and  31.50%  in 
2004). Examined over four years (2003-2006), the average proportion therefore increased by 
6.20  percentage  points.  Over  six  consecutive  years  (2001-2006),  a  stabilising  trend  can  be 

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Lithuania  broadcast  an  average  of  46.98%  European  works  in  2006,  Slovenia  47.31%  in  2005  and 
Sweden 45.44% in 2006. 
The average transmission time devoted to European works in Bulgaria was 67.65% in 2005 and 72.83% 
in 2006. The Romanian figures were 51.08% and 57.95% for 2005 and 2006, respectively. 

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observed,  since,  after  a  considerable  decline  of  -6.25  percentage  points  during  the  period 
2001-2004,  the  percentage  then  rose  to  a  level  (37.59%)  comparable  with  that  recorded  in 
2001 (37.75%). Broadcasters in the Member States must therefore be encouraged to maintain 
this improved performance. At the same time, it must be recalled that the reporting obligation 
has  applied  to  a  larger  group  of  25  Member  States  since  May  2004.  Naturally,  the 
broadcasters in the 10 new Member States may find it more difficult to invest in independent 
productions,  as  they  do  not  yet  have  much  experience  in  the  application  of  Article  5  of  the 
Directive.  In  fact,  the  average  figures  for  the  10  new  Member  States  (30.54%  in  2005  and 
31.64% in 2006) are below the average percentages achieved by the EU-15 (40.38% in 2005 
and  41.55%  in  2006).  The  overall  proportions  of  the  vast  majority  of  the  Member  States 
remained far above the 10% minimum set by the Directive: 18 Member States were able to 
stabilise their performance as regards independent works at well above 25% — in other words 
one  quarter  —  of  total  qualifying  transmission  time.  Only  one  new  Member  State  needs  to 
improve its record in order to attain the 10% minimum.22  

The EU average compliance rate for channels in all Member States was 75.92% in 2005 and 
79.20% in 2006, representing an increase of 3.28 percentage points over the reference period. 
In  comparison  with  the  two  preceding  reference  periods  (90.67%  in  2001,  89.13%  in  2002, 
78.40% in 2003 and 81.92% in 2004), the compliance rate rose by 0.80 percentage points over 
a period of four years (2003-2006) but fell by -11.47 points over six consecutive years (2001-
2006).  This  represents  a  considerable  but  understandable  decrease,  taking  into  account  that 
the  figures  now  include  data  for  the  10  new  Member  States.  However,  it  is  noticeable  that 
within  the  reference  period,  compliance  rates  recovered,  despite  the  relatively  poorer 
performance of the new Member States and the change in methodology since the last report.  

The  average  compliance  rate  for  channels  in  each  Member  State  ranged  from  20%  (Cyprus 
and the Czech Republic) to 100% in five Member States (Estonia, Ireland, Latvia, Malta and 
the Slovak Republic) in 2005 and from 20% (Cyprus) to 100% in six Member States (Estonia, 
Ireland,  Latvia,  Malta,  the  Slovak  Republic  and  Finland)  in  2006.  The  average  compliance 
rate  increased  in  10  Member  States,  remained  stable  in  nine  and  declined  in  six  others. 
Compared  with  the  results  recorded  in  the  last  report,  this  confirms  a  positive  compliance 
trend for Article 5 of the Directive. 

The  EU  average  share  devoted  to  recent  European  works  by  independent  producers  (recent 
works23) was 68.65% of all independent European works (recent or not) in 2005 and 66.75% 
in 2006, representing a slight decrease of -1.90 percentage points during the reference period. 
In comparison with previous reference periods (61.78% in 2001, 61.96% in 2002, 71.66% in 
2003 and 69.09% in 2004), there was a decrease of -4.91 points over four years (2003-2006) 
but  an  increase  of  4.97  points  over  six  years.  This  may  be  less  impressive  than  the 
development  between  1999  and  2004,  which  saw  an  increase  of  almost  30%,  but  indicates 
that after a period of considerable progress with respect to recent works, the proportion has 
stabilised at a very satisfactory level.  

At Member State level, the average percentages varied between 26.13% (Estonia) and 100% 
(Cyprus  and  the  Slovak  Republic)  in  2005  and  between  24.80%  (Ireland)  and  100%  (the 
Slovak Republic) in 2006. There was a positive trend in the average share of recent works in 

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Cyprus devoted 9.70% of transmission time to European works by independent producers in 2005 and 
6.48% in 2006.  
I.e. works broadcast within five years of their production.  

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10  Member  States,  no  change  in  one  Member  State,  and  a  negative  development  in  15 
Member States. It is also worth stating that the percentages of transmission time devoted to 
recent works by independent producers remained above 25% (25.02% in 2005 and 25.09% in 
2006) of total qualifying transmission time. This confirms the positive trend in the scheduling 
of recent works, which increased by 2.59 percentage points over four years (2003-2006).24 

The above results suggest that the objectives of Article 5 of the Directive are being achieved 
comfortably  at  Community  level  in  terms  of  the  scheduling  of  independent  productions, 
including  an  adequate  proportion  of  recent  works.  The  figures  submitted  voluntarily  by 
Bulgaria and Romania25 give reason to hope that these countries will be able to contribute to 
reaching the objectives of Article 5 in the following reference period. 

3. 

CONCLUSION 

According  to  the  statistical  statements  provided  by  the  Member  States,  the  scheduling  of 
European works at Community level increased over the current reference period, following a 
decline during the last reference period. The trend over four years has been relatively stable, 
while  over  six  years  (2001-2006)  there  has  been  a  slight  decrease.  Overall,  however,  the 
proportion of European works broadcast on EU screens has stabilised at a relatively high level 
of above 63%. However, there are four factors that hinder a fully consistent evaluation. First, 
starting from the last report, figures now include the statistical statements of the ten Member 
States that joined the EU in 2004. Second, the method of calculation has been altered, in as 
much as figures for channels with an audience share of less than 3% have been included in the 
averages  since  the  last  report.  Third,  the  growing  fragmentation  of  the  sector  produces 
economic pressure and a need for cheap and easily accessible content, thereby creating a more 
difficult  environment  for  investment  in  and  scheduling  of  European  works.  Finally,  the 
number of channels for which no data were communicated has fallen. 

This  notwithstanding,  the  stabilising  trend  in  terms  of  the  scheduling  of  European  works  is 
undeniable and is further confirmed by the positive trend in the average compliance rate of the 
channels covered. This rose by more than 4 percentage points during the reference period, and 
also  developed  positively  over  the  four-year  term  (2003-2006).  In  conclusion,  the  overall 
situation  is  satisfactory  for  the  transmission  of  European  works  on  EU  television  channels, 
although  there  is  still  scope  for  progress  in  certain  Member  States.  The  scheduling  of 
European  works  at  European  level  has  stabilised  well  above  60%,  and  a  proportion  above 
65% or more is sustainable in future. This positive assessment applies equally to the 10 new 
Member  States  —  which  actually  performed  better  than  the  ‘old’  Member  States  in  the 
reference  period  —  showing  that  their  initial  efforts  to  comply  with  Article  4  have  been 
successful.  

With respect to the implementation of Article 5 of the Directive, a positive trend can also be 
observed: after a considerable decline of -6.25 percentage points during the period 2001-2004, 
the 2006 rate stabilised at a level comparable with that recorded in 2001 (37.59% compared 
with  37.75%).  This  means  that  the  average  proportion  increased  quite  substantially  by  6.20 
points over four years, despite the impact of the factors described above. It is remarkable that 
the  vast  majority  of  the  Member  States  were  able  to  stabilise  their  performance  as  regards 

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See Chart 2, Background Document 2, Working Paper. 
In Bulgaria, 17.42% and 14.94% was devoted to independent works in 2005 and 2006, respectively; in 
Romania, the figures were 36.22% and 38.62%. 

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independent productions at a level well above 25% — in other words one quarter — of total 
qualifying transmission time. 

The  situation  concerning  recent  works  by  independent  producers  is  also  very  satisfactory: 
despite a slight decrease over the reference period and over four years, the figures improved 
over six years. During the reference period, more than 25% of total qualifying transmission 
time was devoted to recent works.  

These  results,  based  on  a  detailed  analysis  of  the  Member  States’  national  reports,26 
demonstrate that the objectives of Articles 4 and 5 of the Directive have been met comfortably 
over the current reference period at both Community and Member State levels. 

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)

26 

See Background Document 3, Working Paper.  

EN 

9 

   EN