Infso-2008-00093-00-02-en-rev-01

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.

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.