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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] EN EN 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 EN 2 EN 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 See Chart 1 and Table 1 in Background Document 2. 2 See Table 2 in Background Document 2. 3 I.e. total transmission time excluding the time reserved for news, sports events, games, advertising, teletext services and teleshopping. EN 3 EN 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. EN 4 EN 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. EN 5 EN 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) 1200 1096 1000 949 941 800 800 765 654 600 584 400 Number of channels of Number 200 0 2003 2004 2005 2006 2003 2004 2005 2006 EU-25 (since 2004) 584 765 949 1096 EU-15 584 654 800 941 EU-25 (since 2004) EU-15 EN 6 EN Table 1 Indicator 1: channels covered by Articles 4 and 5 (Member State level) Table 1 IND 1: number of covered channels IND 1 Year 2003 2004 2005 2006 Evolution* MS BE 22 33 43 44 22 BE CY 5 55 0CY CZ 12 25 28 16 CZ DK 15 16 17 18 3 DK DE 26 28 37 41 15 DE EE 3 33 0EE GR 12 12 40 38 26 GR ES 45 46 48 56 11 ES FR 84 89 92 100 16 FR IE 4 4 45 1IE IT 95 87 109 133 38 IT LV 10 55 -5LV LT [4] 4 44 0LT LU 10 10 13 14 4 LU HU 15 22 22 7 HU MT [5] 5 55 0MT NL 49 55 65 85 36 NL AT 8 11 12 11 3 AT PL 44 50 53 9 PL PT 12 15 13 13 1 PT SI [9] 9 27 27 18 SI SK 4 33 -1SK FI 6 7 99 3FI SE 11 16 24 32 21 SE UK 185 225 274 342 157 UK 584 765 949 1096 512** EU-25 584 654 800 941 357 EU-15 Total 111 149 155 44 EU-10 * over 4 years (2003-2006) for EU-15; since 2004 for EU-10 ** includes 111 channels for EU-10 as of 2004. EN 7 EN Chart 2 Development of main indicators from 2003-2006 (Community level) 80 71,66 70 69,09 68,65 66,75 65,18 65,05 63,32 63,52 60 50 40 36,44 37,59 30 31,39 31,50 25,02 25,09 proportions (%TQT/%IP) proportions 22,50 21,77 20 10 0 2003 2004 2005 2006 2003 2004 2005 2006 EW (%TQT-IND 2) 65,18 63,32 63,52 65,05 IP (%TQT-IND 4) 31,39 31,50 36,44 37,59 RW (%TQT) 22,50 21,77 25,02 25,09 RW (%IP-IND 6) 71,66 69,09 68,65 66,75 EW (%TQT-IND 2) IP (%TQT-IND 4) RW (%TQT) RW (%IP-IND 6) EN 8 EN Table 2 Indicators 2 and 3: European works (Member State level) IND 2: European works (EW — Article 4) IND 3: compliance Table 2 rate IND 2/3 Year 2003 2004 2005 2006 Evolution* 2005 2006 BE 58.32 53.50 58.33 63.96 5.64 88 88 BE CY 50.34 58.50 69.76 19.42 60 80 CY CZ 49.12 62.95 79.92 30.80 36 79 CZ DK 86.20 86.33 81.14 80.92 -5.28 76 78 DK DE 63.57 65.53 61.78 60.69 -2.88 62 54 DE EE 61.77 61.80 62.73 0.96 67 100 EE GR 68.44 71.04 60.71 55.47 -12.97 60 58 GR ES 60.92 59.87 63.55 60.52