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

UK	MS	EW (% of TQT)		IP (%TQT)
RW (%IP)
Broadcaster	Channel	2005	2006	2005	2006	2005	2006
BBC	BBC 1	82%	79%	24%	27%	97%	99%
BBC	BBC 2	85%	84%	26%	21%	91%	91%
BBC	BBC 3	90%	93%	29%	31%	96%	100%
BBC	BBC 4	93%	95%	26%	20%	96%	98%
BBC	CBBC	89%	84%	18%	20%	99%	92%
BBC	CBeebies	97%	96%	40%	40%	100%	77%
BBC	BBC News 24	89%	96%	26%	21%	100%	100%
Channel 4 Television	Channel 4	71%	71%	69%	50%	82%	84%
GMTV	GMTV1	78%	70%	24%	20%	100%	94%
ITV plc	ITV1	82%	89%	40%	33%	62%	98%
S4C	S4C Digital	98%	99%	75%	84%	85%	76%
Five	Channel 5	52%	58%	94%	53%	71%	57%
Compliance rate (IND 3/5)		100%	100%	100%	100%
Average % (IND 2/4/6)		86.73%	86.88%	36.09%	33.32%	91.64%	91.72%

BACKGROUND DOCUMENT 5: Voluntary reports by Bulgaria and Romania

1. 
   1. General remarks on the national reports by the new Member States
   

This report covers the reference period 2005-2006. Given that Bulgaria and Romania joined the EU on 1 January 2007, they are under no obligation to report on implementation of Articles 4 and 5 of the Directive, pursuant to Article 4(3). Nonetheless, the two new Member States voluntarily provided the Commission with reports on their channels’ performance with regard to the requirements set out in Articles 4 and 5 of the Directive. The Commission decided to include these contributions in order to demonstrate the considerable developments in the broadcasting sector in these two countries in the run-up to their accession.

Romania did not introduce the necessary exemptions from most-favoured-nation treatment for audiovisual services in the framework of the WTO General Agreement for Trade and Services (GATS). Therefore, its WTO position prevented it from implementing the acquis in full before accession.

In order to enable Romania gradually to achieve the target of reserving the majority proportion of its broadcasting time for European works, the Commission accepted introduction of a quota for Romanian audiovisual works on Romanian television until Romania’s accession. Accordingly, Article 22 of the Romanian Broadcasting Law reserved a “significant proportion” of broadcasting time for Romanian audiovisual works until the date of accession. The Romanian National Audiovisual Council further developed these provisions by imposing an obligation for broadcasters to reserve 30% of their broadcasting time for Romanian audiovisual works and a majority proportion of transmission time for European works from the time of accession on.

2. 
   Current situation concerning achievement of the objectives of Articles 4 and 5 in Bulgaria and Romania
   
   1. 
      Bulgaria
      

Data on three channels were submitted.

European works

The three channels covered broadcast an average of 67.65% of European works in 2005 and of 72.83% in 2006, giving a marked increase of 5.17 percentage points over the reference period.

The compliance rate throughout the reference period was 100% since all the channels covered exceeded the majority proportion of transmission time laid down in Article 4 of the Directive. Their figures ranged from 60.12% to 76.50% in 2005 and from 56.18% to 97% in 2006.

European works made by independent producers

The average allocation to European works by independent producers for all three channels was 17.42% in 2005 and 14.94% in 2006, indicating a decrease of -2.48 percentage points over the reference period.

The compliance rate, in terms of number of channels, was 100%.

No statistical data on recent works among all independent productions were transmitted.

2. 
   Romania
   

Out of a total of 16 channels, 8 were exceptionally exempted from the reporting obligation.

European works

The channels covered broadcast an average of 51.08% of European works in 2005 and 57.95% in 2006 respectively, giving an increase of 6.87 percentage points over the reference period.

For 2005, out of a total of 8 channels covered, four exceeded the majority proportion called for by Article 4 of the Directive, while 3 channels were below the minimum level. The compliance rate, in terms of number of channels, was 50%.

In 2006, six out of the 8 channels covered exceeded the 50% minimum set in Article 4 of the Directive, while 2 channels remained below it. The compliance rate was 75%.

European works made by independent producers

The average allocation to European works by independent producers for all the channels covered was 36.22% in 2005 and 38.62% in 2006, giving a 2.40 percentage point increase over the reference period.

During the entire reference period, out of a total of 8 channels covered, two complied with the minimum proportion set in Article 5 of the Directive, whereas no data were communicated for 6 channels. The compliance rate, in terms of number of channels, was 25%.

The average relative proportion of recent European works by independent producers for all channels covered was 71.32% in 2005 and 72.36% in 2006, giving a small increase of 1.05 percentage points over the reference period.

3.