Infso-2008-00093-00-02-en-rev-01
A) Reasons given by Member State for failure to achieve the proportions See below under (C). B) Measures taken or envisaged by the Member State See below under (C). C) Further comments 1. Introduction In accordance with Article 4(3) of the Directive, the Portuguese authorities submitted the following report for 2005 and 2006: The criteria set out in “Suggested new guidelines for monitoring application of Articles 4 and 5 of the Television without Frontiers Directive” (Annex 1 to document COM(2000) 442 final of 17 July 2000 )45 have been applied. The percentages presented for assessing the performance of television operators in relation to Articles 4 and 5 of the Directive were based on sampling, in some cases supplemented by, and checked against, information supplied by the operators themselves. This report comments on each operator’s performance and, where applicable, states the measures adopted or planned, in accordance with the Commission’s above mentioned guidelines. 2. Comments on each operator
The overall percentages achieved by the public service broadcaster show that, as in previous years, it fully complied with the programming objectives laid down in Articles 4 and 5 of the Directive. Moreover, looking at each channel individually — and bearing in mind that RTP Memória is required to observe only the percentages laid down in Article 4 of the Directive and not those set in Article 546 — all the channels operated by RTP achieved and, in most cases, were well above the percentages applicable. SIC - Sociedade Independente de Comunicação SA Regarding European works, in 2005 the following channels did not meet the objectives laid down in Article 4 of the Directive: SIC (general interest), SIC Radical, SIC Mulher and SIC Comédia. The general interest programme did, however, achieve the percentages applicable in 2006, when only the thematic channels SIC Radical, SIC Mulher and SIC Comédia failed to comply. The percentage of European productions broadcast by these three channels rose between 2004 and 2006, particularly in the cases of SIC Radical (from 31% in 2004 to 44% in 2006) and SIC Comédia (from 24% to 33%). It should be added that European works accounted for 46% of the total broadcast by SIC -Sociedade Independente de Comunicação SA in 2005, a figure very close to the percentage required, and rose to 54.8% in 2006, fully meeting the objectives applicable. In the case of independent works and recent works, SIC Radical failed to satisfy the requirements of Article 5 of the Directive in 2005 and SIC Mulher in 2006. For SIC as a whole, however, the percentages achieved were well above those laid down in Article 5 of the Directive, both in 2005 and 2006. TVI - Televisão Independente SA During the period under review, TVI exceeded the percentages laid down in Article 4 of the Directive for European works. In the case of independent works there was a marked downturn which, in the final analysis, led to failure to observe Article 5 of the Directive. This was because TVI had acquired the companies which in earlier years had accounted for the bulk of the independent works it had broadcast. Lisboa TV Informação e Multimédia SA Although SIC Notícias specialises in broadcasting news and, for that reason, is not required to comply with any specified proportion of European works, the percentages it achieved for the rest of its programmes were well above those laid down in Articles 4 and 5 of the Directive. Avenida dos Aliados — Sociedade de Comunicação SA A new operator started broadcasting by cable and satellite in the last quarter of 2006: Porto Canal, a national, freely accessible, thematic channel similar to SIC Notícias. Since it had been operating for such a short time, no data of any significance for the purposes of this report were available. Operators/channels exempted Under Article 4(3) of the Directive, the requirement that Member States provide the Commission with a report every two years applies, in principle, to “each of the television programmes falling within the jurisdiction of the Member State concerned”. In order to clarify certain concepts in the Directive and thereby avoid any differences in interpretation and application, the Commission has already specified, in apparently categorical terms, the exceptions to this requirement. In practice, however, the Commission also tends towards flexibility and reasonableness, as has already been pointed out by the Portuguese authorities. Consequently, bearing in mind that the central objective of Chapter III of the Directive is to ensure development and use of creative European works, the Portuguese authorities believe that, in addition to the exemptions allowed by the Commission, other exceptions to Articles 4 and 5 of the Directive should clearly be granted for certain television services under Portuguese jurisdiction, inter alia on account of their specific nature, as already described in the 2001/2002 and 2003/2004 reports. The services concerned are listed below. Compared with the previous reporting period, TV Medicina/TV Saúde, TVI Eventos and SMS TV have ceased to broadcast, whereas Sport TV 2, Cine Estreia, Cine Êxitos and Cine Clássico have started transmissions. Sport TV 2 is a service identical to Sport TV, already described in previous reports. Cine Estreia, Cine Êxitos and Cine Clássico transmit on a pay-per-view basis and share the same characteristics as Lusomundo Premium, Gallery, Action and Happy (see the 2003/2004 report). The only difference is the type of films on offer. 3. Final observations As shown above, for television operators under Portuguese jurisdiction, during the reference period the failure to meet the programme objectives laid down in Articles 4 and 5 of the Directive was limited to TVI - Televisão Independente SA (for independent productions). It should be pointed out that in 2005 SIC - Sociedade Independente de Comunicação SA did not achieve the percentages specified in Article 4 of the Directive but that in 2006, in spite of three of its thematic channels again failing to attain those percentages, SIC - Sociedade Independente de Comunicação as a whole did comply. Lastly, the targets for SIC Radical and SIC Mulher were not met in 2005 and 2006, but the operator as a whole was well above the percentages set. The Portuguese authorities take the view that these are, on the whole, good results. As regards the occasional shortcomings noted — and although the situation will continue to be closely monitored as part of an ongoing dialogue with all television operators — the Portuguese authorities prefer not to impose penalties, as they are aware that such measures may well have adverse effects on the operators and might possibly run counter to the objectives of the Directive. List of television operators/programme services considered: RTP - Radiotelevisão Portuguesa, SA 1 RTP1 Gen, Ncond, Nac, Hrtz+Cb+Sat 2 A 2 Gen, Ncond, Nac, Hrtz+Cb+Sat 3 RTP Internacional Gen, Ncond, Int, Cb+Sat 4 RTP África Gen, Ncond, Int, Cb+Sat 5 RTP N Tem, Ncond, Nac, Cb+Sat 6 RTP Memória Tem, Ncond, Nac, Cb+Sat SIC - Sociedade Independente de Comunicação, SA 7 SIC Gen, Ncond, Nac, Hrtz+Cb+Sat 8 SIC Internacional Gen, NCond, Int, Sat 9 SIC Radical Gen, Ncond, Nac, Cb+Sat 10 SIC Mulher Tem, Ncond, Nac, Cb+Sat 11 SIC Comédia Tem, Ncond, Nac, Cb+Sat TVI - Televisão Independente, SA 12 TVI Gen, Ncond, Nac, Hrtz+Cb+Sat Lisboa - TV - Informação e Multimédia, SA 13 SIC Notícias Tem, Ncond, Nac, Cb+Sat Avenida dos Aliados-Sociedade de Comunicação, SA 14 Porto Canal Tem, Ncond, Nac, Cb+Sat List of programme services exempted in the reporting period Canal Programação TV Cabo Tem, Ncond, Nac, Cb+Sat Canal Parlamento Tem, Ncond, Nac, Cb+Sat Lusomundo Premium Tem, Cond, Nac, Cb+Sat Lusomundo Gallery Tem, Cond, Nac, Cb+Sat Lusomundo Action Tem, Cond, Nac, Cb+Sat Lusomundo Happy Tem, Cond, Nac, Cb+Sat Cine Estreia Tem, Cond, Nac, Cb+Sat Cine Êxitos Tem, Cond, Nac, Cb+Sat Cine Clássico Tem, Cond, Nac, Cb+Sat Sport TV Tem, Cond, Nac, Cb+Sat Sport TV 2 Tem, Cond, Nac, Cb+Sat RTP Memória (in part) Tem, Ncond, Nac, Cb+Sat Key:
Tem Thematic Int International coverage Gen General interest Cb Cable Cond Conditional access Sat Satellite Ncond Non conditional access Hrtz Free to air Nac National coverage
Yüklə 6,13 Mb. Dostları ilə paylaş: |