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

Compliance rate (IND 3/5)	51%	68%	81%	88%
Average % (IND 2/4/6)				66.38%	71.38%	39.45%	49.60%	89.50%	86.78%

A) Reasons given by the Member State for failure to achieve the proportions

1. Majority proportion of European works (Article 4)

The average proportions of European productions broadcast in 2005 and 2006 were 66.38% and 70.26% respectively.

The Netherlands authorities declared that the compliance rate was 60% for 2005 and 74% for 2006, although different figures are given in their statement. They argue that this statement gives a distorted picture. In 2005 and 2006, the Media Authority granted various channels partial exemption from the required proportion, setting them a lower percentage for European productions (see the explanations below regarding the various channels). The channels Arrivo on demand B.V. and Chellomedia Programming B.V. achieved the lower percentage set by the Media Authority. Consequently, under the Netherlands rules, the compliance rate for 2005 would be not 51% but 60%, and for 2006 not 65% but 74%.

MTV Networks B.V.

MTV did not achieve the required percentage of European productions in 2005 on the channels MTV and Nickelodeon and in 2006 on MTV, Nickelodeon and Nick Jr. With reference to the report for 2005, discussions were held with the music channels about their reporting obligations. It turned out to be difficult to report because they broadcast mainly video clips. Agreement was reached with the music channels that reports may be based on the playlist, 90% of which comprises the video clips broadcast. MTV is also increasingly broadcasting regular programme items. In the report for 2003 and 2004, MTV stated that it expected to broadcast a larger proportion of European productions in 2006. The report for 2005 and 2006 shows the opposite to be the case, however. The Media Authority has issued a warning for failing to achieve the required percentage of European productions.

The required percentage of European productions was also not achieved on Nickelodeon (and Nick Jr). MTV stated the reasons for this in the past. Nickelodeon and Nick Jr are niche channels intended exclusively for children. Children’s programmes are expensive. In a small country with a limited language area it is therefore impossible for channels to produce (or to commission the production of) many children’s programmes of their own. Also, the supply of European children’s programmes is small and does not always fit in with what Nickelodeon wishes to provide, namely non violent and educational programmes. Therefore, many “own” Nickelodeon programmes from the United States are broadcast.

SBS Broadcasting B.V.

SBS did not achieve the required percentage of European productions on the channels SBS 6, Net 5 and Veronica/Jetix in 2005 and on Net 5 in 2006. For failing to achieve the required percentage in 2005, by decision of 22 May 2007 SBS was fined €13 500. SBS stated that with Net 5’s programme format it is difficult to comply with the required percentage because the format is intended for Dutch women. This calls for a certain range of programmes which are produced mainly in the United States and are bought from there. In addition, expensive Dutch programmes are being developed which are difficult to repeat because of the type of programme. Programmes such as “Peking Express”, with a denouement in the last episode, are more difficult to repeat. SBS has stated that it would be (too) expensive to have more European programmes produced for Net 5. SBS will consider how to comply with the required percentage in future.

@home (formerly Essent Kabelcom B.V.)

This channel was launched in mid 2006.

Chellomedia Programming B.V.

In 2005, Chellomedia broadcast an insufficient proportion of European works on two of its three general broadcasting channels. Chellomedia gave no reasons for this. Chellomedia ceased broadcasting in 2006. The Media Authority has therefore decided to take no action.

The special channels, in this case Film 1.1, Film 1.2 and Film 1.3, were granted partial exemption from the European productions quota. Chellomedia complied with the new percentages imposed at national level.

Clear Television Network B.V.

In 2005, this channel did not comply with the majority proportion of European productions. It did not submit any data for 2006. The channel is now bankrupt. The Media Authority has therefore decided to take no further steps.

Graafschap TV

Graafschap TV is a regional channel which did not submit any data for 2006. Given the programming, the Media Authority assumes that the percentages for 2006 will be comparable to those for 2005.

Massalia Telecom Nederland B.V.

Massalia did not submit any data on its two channels for 2005 and 2006. In respect of 2005, Massalia received a warning for this from the Media Authority. Since then, the Broadcasting Commission has initiated penalty proceedings for failing to supply data in respect of 2006. During this procedure Massalia submitted the data and therefore the Media Authority issued only a warning for not achieving the required percentage of independent productions.

PT. Cipta Indah Strategi trading under the name Garuda TV

This channel had difficulty in supplying the requested data as they had to come from Indonesia. A meeting was held with Garuda TV, which gave a commitment that the requested data will finally be supplied.

Stichting Rotterdamse TV Producties

Stichting Rotterdamse TV Producties submitted no data on the channel RNN for 2005 and 2006. In respect of 2005 RNN received a warning for this. Since then, the Media Authority has initiated penalty proceedings for failing to supply data in respect of 2006. During this procedure RNN submitted the data, which indicate that it achieved the required percentages in 2006. For 2005, no data were submitted.

Stichting Maharishi University of Management

These channels can be received only outside Europe.

TV4U B.V.

The Action Now channel was launched in mid 2006. No data were submitted for the X zone channel. The Broadcasting Commission has issued a warning for failing to supply the requested data.

World Made Channel

This channel was launched in 2006 and, because of its nature, has been partially exempted from the rule on European productions. The channel broadcasts home video programmes intended for the whole world.

Arrivo on demand

These channels were granted a partial exemption setting them a figure of 25% for European productions. Arrivo achieved this proportion.

Chellomedia Programming B.V.

These channels were granted a partial exemption setting them a figure of 10% for European productions. Chellomedia Programming B.V. achieved this proportion.

Mintrade B.V.

This channel can be received only outside Europe.

NederSat N.V.

NederSat NV’s three channels Full-X1, Full-X2 and Full-X3 were granted a partial exemption setting them a target of 25% for European productions for 2006. Full-X1, Full-X2 and Full-X3 did not even comply with this lower proportion. Since then, the broadcasts have been discontinued. The Media Authority has therefore decided to take no action.

Stichting The World

This channel was launched at the end of 2006.

Sapphire Media International B.V.

Sapphire’s three channels did not comply with the required percentage of European productions. Sapphire gave no reasons for this. For 2005, the Broadcasting Commission has already drawn Sapphire’s attention to its shortcomings in this respect. The Broadcasting Commission does not consider it appropriate to take action, however, because it does not wish this requirement to lead to (further) development of a European pornography industry.

2. Minimum proportion of European works by independent producers (Article 5)

The average proportions of independent productions broadcast in 2005 and 2006 were 39.45% and 49.60% respectively.

Sapphire’s channels failed to comply with the minimum proportion of independent productions. This was because the quantity of European productions broadcast was also insufficient.

Regional public channels broadcast mainly programmes which do not count as part of the transmission time to be taken into account and therefore do not have to be reported. Those programmes are also repeated on a revolving basis. Therefore, European productions often comprise a single programme which the channel itself produces. For these reasons, in 2006 Stichting Omroep Zeeland failed to comply with the required proportion of independent productions.

De Wereldomroep broadcasts a cross section of Dutch language programmes broadcast on public channels in the Netherlands. The selection criterion is that programmes must be suitable for Dutch people abroad. The national public channels broadcast the required percentage of European productions or more, thus fulfilling the objective of the Directive.