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

Compliance rate (IND 3/5)	88%	89%	88%	85%
Average % (IND 2/4/6)		80.18%	81.07%	26.66%	25.99%	52.72o%	59.18%

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

1. Majority proportion of European works (Article 4)

European works accounted for 26% of TVN 7’s quarterly transmission time in 2006. According to TVN 7, the terms of its long-term licensing agreements make it difficult to achieve the target share for European works. This broadcaster informed the Polish authorities that it has, nevertheless, made an effort to increase the share of European works in its output by concluding new licensing agreements on German- and British-made series and that it has started producing television works targeted specifically at its own needs. It should be pointed out that the share of European works in TVN 7’s output continued to grow steadily in 2006 compared with the previous reporting periods (26%, as against 18% in 2004 and 23% in 2005).

On Tele 5 European works accounted for 38% of quarterly transmission time in 2006. This broadcaster attributes its failure to meet the target for European works to economic factors: a small satellite broadcaster which has to compete with an ever growing number of broadcasters (especially cross-border broadcasters which are not subject to Polish law) and struggle in a fragmented advertising market cannot afford to air the required share of European works, which are more expensive than their American counterparts (particularly films which, under the terms of Tele 5’s broadcasting licence, take up to 40% of its transmission time). Growing competition on the market for advertising has coincided with the expiry of short-term licensing contracts with European distributors. As a result, in order to preserve its financial stability, Tele 5 has increased the proportion of works which it purchases from American distributors, which are less expensive. Tele 5 is currently intensively seeking works from European distributors which are as cost-competitive as American productions and which provide the appropriate level of quality. Moreover, it intends to start making its own programmes again, which it significantly curtailed several years ago on financial grounds.

In 2006, shares of European programmes of less than 50% were also reported on the four channels operated by Canal + Cyfrowy Sp. z o.o., namely Canal + Polska, Canal + Polska Żółty, Ale Kino and Zig Zap, where European works accounted for between 46% and 49% of quarterly transmission time. These channels, which transmit via satellite and are available exclusively on a pay-to-view basis (encrypted broadcasts), exercise their right, under Polish law, to reduce the share of European works to 45% (see Article 15(4.3) of the Broadcasting Act and Article 2(2) of the National Broadcasting Council (KRRiT) Regulation of 4 November 2004 concerning the low share of original television works produced in the Polish language and European works). The share of European works on these channels is therefore in line with Polish law.

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

The share of this category of works broadcast by Tele 5 (which, as already pointed out, is a satellite broadcaster) was 6% in 2006. As with its failure to meet the required share of European works, Tele 5 attributes its failure to meet the required share of works by independent producers to its modest financial capacity.

The share of this category of works broadcast on the two educational satellite channels, EDUSAT and EDUSAT BIS, was 3% and 5% respectively in 2006; these channels mainly show live lectures by staff of the Higher School of Socio-Economic Studies (WSSE) (the broadcaster) for its external students.

The satellite channel 4fun.tv broadcast no European works by independent producers in 2006. The broadcaster explained that its failure to achieve the target stems from the interactive nature of its output, which mainly comprises videoclips, most of which are produced by independent European producers but which do not constitute independent works (they form the background for interactive chats between the channel and the viewer or part of musical works performed live with audience participation) and cannot therefore be classified as “works by independent producers”.

The specialised satellite channels TVN GRA, TVN MED, TVN 24 and TVN Meteo did not, essentially, broadcast any works by independent producers in 2006.

The absence of European works by independent producers and works produced during the last five years on TVN 24 is due to this channel’s specialised, informative/journalistic character. In addition to public information, this channel broadcasts journalistic programmes (comments on current affairs) which are produced exclusively by the broadcaster. TVN 24’s Programming Department believes that, in the case of informative and/or journalistic works, consideration should be given to lowering the required share of works by independent producers.

Similar comments apply to TVN Meteo.

TVN MED began broadcasting in the fourth quarter of 2006, which probably explains why it has not yet brought its programming into line with the requirements.

TVN GRA is a specialised channel with many interactive items, i.e. programme content which is created jointly by the viewers and broadcast live.