Annexes to COM(2010)450 - Ninth Communication on the application of Articles 4 and 5 of Directive 89/552/EEC, as amended by Directive 97/36/EC and Directive 2007/65/EC for the period 2007-2008 (Promotion of European and independent audiovisual works)

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dossier COM(2010)450 - Ninth Communication on the application of Articles 4 and 5 of Directive 89/552/EEC, as amended by Directive 97/36/EC and ...
document COM(2010)450 EN
date September 23, 2010
Annex 1 — Staff Working Document: total number of channels identified minus the number of non-operational channels and the number of exempt channels (due to the nature of their programmes) or excluded channels (due to legal exceptions).

[8] For comparability purposes, the data communicated by Bulgaria and Romania on a voluntary basis for 2005 and 2006 have been taken into account to calculate the total number of channels in both years.

[9] See Annex 3 p.120 (Cyprus). The legislative situation is due to change in the coming months.

[10] See http://ec.europa.eu/avpolicy/docs/reg/tvwf/eu_works/controle45_en.pdf.

Only local (sub-regional) channels are excluded from the scope of Articles 4 and 5, as well as channels broadcasting in a non-EU language and those intended for broadcast outside the EU and which cannot be received in the EU.

[11] The Commission sent letters to Germany and Portugal concerning the need to apply Articles 4 and 5 to regional channels and cinema channels respectively, as these had been considered exempt by the national authorities On receipt of the Commission’s letter, Portugal has already submitted data relating to cinema channels for 2008 and Germany has undertaken to collect the statistical data from the regional channels for the next reporting period.

[12] Only channels exclusively broadcasting news, sports events, games, advertising, teleshopping and teletext services are exempt from the obligation to apply Articles 4 and 5.

[13] In this case EU-25 has been taken into account for the period 2007-2008 so that the data can be compared with the data of the previous reference period. At any rate, the figures are the same for the period 2007-2008 in EU-27.

[14] This is the case for Estonia, Ireland, Greece, Cyprus, Latvia, Lithuania, Luxembourg, Malta, Austria, Poland, Finland and the UK. The UK has provided data for all the 396 channels covered in 2007 and on all but two in 2008.

[15] France and Italy already announced in the previous reference period that they had opted for the second possibility. See Eighth Communication.

[16] This is the case in France for digital terrestrial channels. The percentage is calculated on the previous year’s turnover, which represents a higher assessment basis than the one set by the Directive. In the Staff Working Document accompanying the eighth Communication, the Commission had already invited France to submit their data in a way that accurately reflects French channels' compliance with Article 5 of the Directive.

[17] See footnote 10 above.

[18] See Annex 1, Staff Working Document.

[19] The figures provided at EU-level result from the mathematical average of all national averages calculated on the basis the statistical data communicated by the Member States. They have not been weighted, since not all the parameters necessary for a correct weighting are available for all channels.

[20] 2004 is the first year in which the data (EU-25) can be compared with those of the period 2007-2008. For comparability purposes, the average given for 2008 is calculated for EU-25 (without Bulgaria and Romania).

[21] EU-15 (original Member States), EU-10 (Member States which joined the EU in 2004) and the two most recent Member States (Bulgaria and Romania) which joined the EU in 2007.

[22] See charts included in point 2 of Staff Working Document: Application of Articles 4 and 5: detailed analysis.

[23] See Annex 1 — Indicator 3 — Staff Working Document.

[24] Cyprus (27.9 % transmission time devoted to European works in 2007, 30 % in 2008), Sweden (45.1 % transmission time devoted to European works in 2007, 45.5 % in 2008) and Slovenia (34.1 % transmission time devoted to European works in 2007, 44.6 % in 2008).

[25] Slovenia in 2005 and Sweden in 2006.

[26] For comparability purposes, the averages considered for 2005 and 2006 include the data provided on a voluntary basis by Bulgaria and Romania, which joined the EU on 1.1.2007.

[27] Cyprus registered an independent productions average of 9.7 % in 2005 and 6.5 % in 2006, while in the reference period the averages were 39.6 % in 2007 and 41.9 % in 2008.

[28] The EU-25 basis has been taken in order to allow for a comparison with the period 2004-2008.

[29] For the purpose of this indicator, channels for which no data were communicated are considered non-compliant — see Annex 1: Performance indicators — Indicator 5.

[30] i.e. works broadcast within five years of their production.

[31] For comparability purposes, the figures have been calculated on a EU-27 basis

[32] EU-25 is taken as a basis in order to make comparison possible with the 2004 figure.

[33] See point 2 of Staff Working Document: Application of Articles 4 and 5: detailed analysis.