Infso-2008-00093-00-02-en-rev-01
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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 achievement, the figures improved slightly both during the reference period and over four years (2003-2006).
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.
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 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.
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.
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.
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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