Infso-2008-00093-00-02-en-rev-01
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33 channels in 2005 and six in 2006 were not operational. 14 channels in 2005 and 21 in 2006 were exceptionally exempted from reporting on Article 4 of the Directive. 15 channels in 2005 and 21 in 2006 were exceptionally exempted from reporting on Article 5. European works All reported channels broadcast an average of 66.38% and 70.26% in 2005 and 2006, respectively. This represents an increase of 3.88 percentage points over the reference period, although the figures remained relatively stable with a -1.52 point decrease over four years. In 2005, of the total of 65 covered channels, 33 channels achieved the majority proportion specified in Article 4 of the Directive, whereas 25 failed to meet the requirement. The data for seven channels were not communicated. The compliance rate, in terms of number of channels, was 51%. For 2006, out of 85 covered channels, 58 exceeded the minimum proportion, while 22 were below the target. No data were communicated for eight channels. The compliance rate was 68%. As in the previous reference period, the reasons for non-compliance were specified in the report for each channel failing to achieve the required proportions. The report indicates various reasons for failure, mainly the special nature of the programmes concerned or the recent nature of the channel. The report also argues that the compliance rate for 2005 should be considered to be 60% for 2005 and 74% for 2006 instead of the figures given above, in view of exemptions granted to the channels Arrivo on demand B.V. and Chellomedia Programming b.v., which thus only had to comply with a lower percentage. The Commission would point out that the proportions specified in Article 4(1) of the Directive apply to each of the television channels falling within the jurisdiction of the Member State concerned. All channels below the target are obliged to increase their efforts so that the proportions required under the Directive are achieved progressively. European works made by independent producers The average proportion of European works by independent producers on all channels was 39.45% in 2005 and 49.60% in 2006, representing a 10.50 percentage point increase during the reference period and an even more considerable increase (17.10 points) over four years (2003-2006).19 For 2005, of the total of 64 covered channels, 52 channels were above the 10% minimum, while three channels were below the target. No data were supplied for nine channels. The compliance rate was 81%. In 2006, out of 85 covered channels, 75 channels exceeded the minimum proportion specified in Article 5 of the Directive, while five were below the target. No data were communicated for five channels. The compliance rate, in terms of number of channels, was 88%. The average relative proportion of recent European works for all channels was 89.50% and 86.78% in 2005 and 2006, respectively. This represents a -2.72 percentage point decrease over the reference period but a noticeable increase of 12.36 points over four years (2003-2006).
Out of 16 channels identified, three channels were non-operational in 2005. The report exempted one channel in 2005 and four channels in 2006. One channel was no longer under Austrian jurisdiction in 2006. European works All reported channels broadcast an average of 65.63% and 68.36% European works in 2005 and 2006, respectively, representing an increase of 2.73 percentage points over the reference period but a -4.4 point decrease over four years (2003-2006). For 2005, of the total of 12 covered channels, eight channels achieved the majority proportion specified in Article 4 of the Directive, while four channels (ORF 1, ATV+, Premiere Österreich, INXTC TV) were below the target. The compliance rate, in terms of number of channels, was 67%. For 2006, of the total of 11 covered channels, seven channels achieved the majority proportion specified in Article 4 of the Directive, while the same four channels remained under the target. The compliance rate went down to 64%. As regards reasons for non-compliance, the report points to specific market conditions forcing the channels to broadcast international film productions instead of European productions, which would have been more expensive in terms of licensing and co-production costs. As regards ORF 1, the report highlights the specific nature of the year 2006, which was dominated by sporting events, and the resulting extensive reporting requirements. Furthermore, the report explains that the ORF began a comprehensive reform in April 2007, aimed at strengthening the proportion of European and ‘own’ productions. The Commission would reiterate that one of the purposes of Article 4(1) of the Directive, which applies each year and to all television programmes, is to ensure equal competition between broadcasters falling within the jurisdiction of the Member State concerned. At the same time, the Commission takes note of Austria’s specific situation as a country with a low audiovisual production capacity, while acknowledging the considerable progress already achieved in scheduling European productions.
The average proportion of European works by independent producers on all channels was 49.65% and 52.19% in 2005 and 2006, respectively, representing an increase of 2.54 percentage points over the reference period and an increase of 7.24 points over four years (2003-2006). During the whole reference period, all channels reached the minimum proportion specified in Article 5 of the Directive, amounting to a 100% compliance rate. The average relative proportion of recent European works for all channels was 71.23% in 2005 and 73.83% in 2006, representing a 2.60 percentage point increase over the reference period.
Of the 55 channels identified, five channels were not operational in 2005 and two were not operational in 2006. European works All reported channels broadcast an average of 80.18% and 81.07% in 2005 and 2006, respectively. This represents a slight increase of 0.89 percentage points over the reference period. From the beginning of reporting in 2004, the average increased by 3.3 points. For 2005, of the total of 50 covered channels, 44 achieved the majority proportion specified in Article 4 of the Directive, while six channels were below the 50% minimum. The compliance rate, in terms of number of channels, was 88%. In 2006, of the 53 covered channels, 47 channels were above the target, while again six channels failed to meet the requirement. Four of these channels (TVN Siedem, Canal + Polska, Canal+ Polska Żółty and Tele 5) were among the group of channels that also failed to meet the target in the previous year. The compliance rate was 89%. European works made by independent producers The average proportion of European works made by independent producers on all reported channels was 26.66% in 2005 and 25.99% in 2006, representing a minimal decrease of -0.67 percentage points over the reference period and a decrease of -1.7 points since the beginning of reporting in 2004. In 2005, six of the 50 covered channels were below the 10% minimum. 44 channels complied with the requirement in Article 5 of the Directive. The compliance rate, in terms of number of channels, was 88%. For 2006, of the 53 covered channels, 45 channels exceeded the minimum proportion specified in Article 5 of the Directive, while eight channels were below the target. The compliance rate was 85%. The report mentions several reasons for non-compliance with Articles 4 and 5: economic factors, long-term licensing agreements, specialised nature of the channels, and provisions of national law allowing certain channels to reduce their share of European works. The Commission reiterates that the proportion of transmission time specified in Article 4(1) of the Directive applies to each of the television programmes of broadcasters falling within the jurisdiction of the Member state concerned and that only individual channels may exceptionally be exempted from the requirements of Article 4 and 5 of the Directive. At the same time, the Commission acknowledges the highly satisfactory overall results in Poland, in particular as regards European works, and welcomes the intention by the Polish authorities to take action against failing broadcasters if their compliance does not improve. The average relative proportion of recent European works by independent producers for all reported channels was 52.72% in 2005 and 59.18% in 2006, representing a 6.46 percentage point increase during the reference period.
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