Promotion of EU works and Independent Production (Art. 4 & 5)

The Eighth Report

The Eighth Report from the Commission (COM(2008)481 ) and the Staff Working Document (SEC(2008)2310) were adopted on 22.07.08. (Press release)

Independent studies:

Study on Articles 3i, 4 and 5 of the Audiovisual Media Services Directive

The objective of this study published on 24 May 2009 is:

to complement the previous study on Articles 4 and 5 of the Television without Frontiers Directive,
to give a snapshot of the situation as regards promotion of European works and independent productions both for linear and non-linear audiovisual media services at the junction between the application of the Television without Frontiers Directive and the new Audiovisual Media Services Directive, and
to provide the Commission with the elements required for monitoring the impact of measures for the promotion and distribution of European audiovisual works, in particular in the area of on-demand services.

Final report

Independent study on the impact of art. 4 and 5

Study on the impact of measures concerning the promotion of the distribution and production of TV programmes (Community and national) provided for under Article 25 (a) of the directive on television without frontiers.

This study was published on 24 May 2005 and looked at the period 1993 to 2002. It covered the 15 Member States of the European Union as well as the other Members of the European Economic Agreement (Iceland, Liechtenstein and Norway). The study addressed the issues of how Article 4 and 5 had been implemented and the impact of these provisions on TV schedules, cultural objectives as well as on the economic performance of the European audiovisual industry. Finally, the study also provided an assessment of the challenges facing Europe's broadcasters and content producers.

Final report

The other reports

The Seventh report from the Commission (COM(2006)459) and its annex (SEC(2006)1073) were adopted on 14.08.2006. In the reference period 2003-2004, EU's television broadcasters on average devoted over 60% of their programming time to European works and over 30% to works by independent European productions. Broadcasters in the new Member States (EU-10) showed as much European content as those in the EU-15, which demonstrated the popularity of European content and the effectiveness of measures taken in accordance with the Directive. (Press release)

The Sixth report from the Commission (COM (2004)524) and its annex (SEC(2004)1016) were adopted on 28.07.2004. For the reference period (2001-2002), the national reports reflect generally a satisfactory application by the European Union Member States of the provisions of Article 4 (European works) and of Article 5 (European works created by independent producers) of the "Television without Frontiers" Directive. The results show that demand for national and European works, which was constantly increasing over the last decade, has reached a new peak in 2002, with almost 2/3 of all qualifying transmissions at Community level. Europeans works made by independent producers were stabilizing at 1/3 of all qualifying transmission time. Concerning recent European works by independent producers the EU-average transmissions were constantly above 1/5 of all qualifying broadcasts. (Press release)

The Fifth report from the Commission (COM(2002)612 Final) was adopted on 08.11.2002. This Communication shows the general trends observed both at Community level and in the individual Member States concerned. For the reference period (1999-2000), the national reports reflect generally satisfactory application by the European Union Member States of the provisions of Article 4 (European works) and Article 5 (European works created by independent producers) of the "Television without Frontiers" Directive. Detailed examination of these reports by the Commission reveals, for both Articles 4 and 5, a positive and dynamic trend in the broadcasting of European works, including those by independent producers, in the context of a general increase in the number of channels over the reference period, thereby contributing to the promotion of cultural diversity in Europe. (Press release)

The Fourth report of the Commission (COM(2000)442final) was adopted on the 17.07.2000. The Commission notes that the number of television broadcasters in Europe has increased considerably. Compliance with the rules of the Directive on broadcasting of European and independent producers' works is generally satisfactory. The objectives of the Directive have, by and large, been achieved. Between the period 1997/98 and the preceding period there was an increase in the broadcasting of European programmes.

The Third report from the Commission (COM(1998)199 final) adopted on 03.04.1998 concerns the calendar years 1995 and 1996. It presents the summary of the national reports transmitted by the Member States as well as Iceland and Norway. The opinion of the Commission on the implementation of articles 4 and 5 is laid down in chapter III , both for the years 1995-96 and for the entire reference period for the exercise of the monitoring (1991-96). Chapter IV of the document tackles the environment under which the future monitoring exercise will be carried out. This environment is characterised both by a new regulatory framework- the newly adopted "Television Without Frontiers" directive - and by a changing "televisual landscape" affected by the rapid growth of the number of TV channels.

The Second report from the Commission (COM(96)302 final), on the years 1993-1994, was published on the 15 July 1996. These reports also present the provisions of the Directive corresponding to this monitoring exercise, as well as the more general objectives of the Directive.

The First report from the Commission (COM(94)57final) was adopted on 3 March 1994 and covers the period from 3 October 1991 to 31 December 1992.

Article 4

1.Member States shall ensure where practicable and by appropriate means, that broadcasters reserve for European works, within the meaning of Article 6, a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, advertising and teletext services. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria.
2.Where the proportion laid down in paragraph 1 cannot be attained, it must not be lower than the average for 1988 in the Member State concerned.
However, in respect of the Hellenic Republic and the Portuguese Republic, the year 1988 shall be replaced by the year 1990.
3. From 3 October 1991, the Member States shall provide the Commission every two years with a report on the application of this Article and Article 5.
That report shall in particular include a statistical statement on the achievement of the proportion referred to in this Article and Article 5 for each of the television programmes falling within the jurisdiction of the Member State concerned, the reasons, in each case, for the failure to attain that proportion and the measures adopted or envisaged in order to achieve it.
The Commission shall inform the other Member States and the European Parliament of the reports, which shall be accompanied, where appropriate, by an opinion. The Commission shall ensure the application of this Article and Article 5 in accordance with the provisions of the Treaty. The Commission may take account in its opinion, in particular, of progress achieved in relation to previous years, the share of first broadcast works in the programming, the particular circumstances of new television broadcasters and the specific situation of countries with a low audiovisual production capacity or restricted language area.
4.The Council shall review the implementation of this Article on the basis of a report from the Commission accompanied by any proposals for revision that it may deem appropriate no later than the end of the fifth year from the adoption of the Directive. To that end, the Commission report shall, on the basis of the information provided by Member States under paragraph 3, take account in particular of developments in the Community market and of the international context.

Article 5

Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve at least 10 % of their transmission time, excluding the time appointed to news, sports events, games, advertising and teletext services, or alternately, at the discretion of the Member State, at least 10 % of their programming budget, for European works created by producers who are independent of broadcasters. This proportion, having regard to broadcasters' informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria; it must be achieved by earmarking an adequate proportion for recent works, that is to say works transmitted within five years of their production.