52012SC0269

COMMISSION STAFF WORKING DOCUMENT PROMOTION OF EUROPEAN WORKS IN EU SCHEDULED AND ON-DEMAND AUDIOVISUAL MEDIA SERVICES on the application of Article 13 of Directive 2010/13/EU for the period 2009-2010 Accompanying the document First Report on the Application of Articles 13, 16 and 17 of Directive 2010/13/EU for the period 2009-2010 /* SWD/2012/0269 final */


PART I

Application of Article 13 in each Member State. 3

Introduction. 3

1. Application of Article 13: General remarks. 3

1.1. Monitoring methods in the Member States. 3

1.2. Obligations set out in national legislation. 4

1.3. Performance indicators. 6

2. Application of Article 13 - Detailed analysis. 8

2.1. Belgium.. 8

2.1.1. Belgium – Flemish Community. 8

2.1.2. Belgium – French Community. 10

2.2. Bulgaria. 12

2.3. Czech Republic. 14

2.4. Germany. 16

2.5. Denmark. 18

2.6. Estonia. 21

2.7. Ireland. 22

2.8. Greece. 23

2.9. Spain. 26

2.10. France. 28

2.11. Italy. 28

2.12. Cyprus. 30

2.13. Latvia. 31

2.14. Lithuania. 32

2.15. Luxembourg. 33

2.16. Hungary. 35

2.17. Malta. 37

2.18. Netherlands. 38

2.19. Austria. 40

2.20. Poland. 42

2.21. Portugal 43

2.22. Romania. 45

2.23. Sweden. 47

2.24. Slovenia. 49

2.25. Finland. 50

2.26. Slovakia. 52

2.27. United Kingdom.. 54

APPLICATION OF ARTICLE 13 IN EACH MEMBER STATE INTRODUCTION

During the latest revision of Directive 89/552/EEC (‘Television without Frontiers’) its scope was enlarged to include non-linear services. It was deemed that these services should also aim at promoting European works and cultural diversity, like television services. However, due to the nascent and specific nature of on-demand services the obligations placed on them by the new AVMS Directive[1] are lighter than the obligations imposed on linear services. Article 13 imposes an obligation to promote the production of and access to European works in on-demand services and provides examples of means of promotion: financial contribution to the production and rights acquisition of European works, or the share and/or prominence of European works in the catalogues offered by the service providers. Member States are obliged to report on the application of Article 13 every four years as from December 2011. 

The present document accompanies the Commission’s first report on the application of Article 13 for the period 2009-2010. Pursuant to Article 13 the report is based both on data provided by the Member States and on an independent study conducted in 2011[2] (hereinafter referred to as 'the Study'). Its purpose was to analyse the state of play in terms of implementation of Article 13 in the EU Member States at the end of 2010 as well as the state of development of on-demand service markets throughout the EU. It also aimed at providing information on the content of EU non-linear services and helping the Commission with the setting up of performance indicators for the application of Article 13.

The Commission identified a series of indicators which were defined in the questionnaires sent to the national authorities with the invitation to report on the application of Article 13 for the period 2009-2010. As regards prominence in particular, several options were mentioned. They are defined below under paragraph 1.3. These indicators may need to be refined in the future, when on-demand service markets have expanded and more experience has been gained in monitoring the application of Article 13.

There are two reasons why not all the national reports provided information on on-demand services[3]: the absence of operational on-demand services during the reference period or the belated transposition/implementation of the AVMS Directive. In the latter case the existing on-demand services were not subject to any obligation regarding Article 13.

1. APPLICATION OF ARTICLE 13: GENERAL REMARKS 1.1. Monitoring methods in the Member States

The national reports did not provide much information on monitoring methods applied by the Member States. The comments received show however that the monitoring method is no different from the one applied with regard to the application of Articles 16 and 17. National authorities collect or intend to collect the data directly from the on-demand service providers, generally on the basis of a questionnaire. One national report[4] indicated that this questionnaire was established in cooperation with a self-regulatory body representing on-demand services. Some national authorities[5] stressed the efforts made to encourage on-demand service providers to get registered and to make them aware of their reporting obligation. The regulator of the French Community of Belgium carries out monitoring of the proportion of 'promotional occurrences' dedicated to European works.  As is the case for Articles 16 and 17, the results of this monitoring are submitted to representatives of the audiovisual production industry. In France, the Regulatory Authority CSA informed about spot checks to be carried out in respect of the share and prominence of European works in catalogues.

There may be some differences amongst Member States in respect of interpretation of the kind of service to be taken into account in the reports on the application of Article 13. It appears in particular that there is no uniform view concerning the consideration of 'qualifying' content for monitoring the implementation of Article 13.   

The reported services must comply with the definition of 'on-demand audiovisual media service' contained in Article 1(1)(g) of the AVMS Directive, which means that services offering audiovisual content only as an ancillary element (for instance videos illustrating written texts) should not be reported. By contrast, catch-up TV services constitute on-demand services and as such must be subject to monitoring and included in the national reports, unless the programmes offered in on-demand services are exactly the same as those broadcast on television[6]. Finally, although the wording of Article 13 does not specifically refer to content such as news, sports events, games, teleshopping and advertising, the purpose of promoting the production of and access to European works should be interpreted in the same spirit as for Articles 16 and 17 of the AVMS Directive. Therefore on-demand services offering exclusively this type of content should be excluded from the national reports on the application of Article 13. In the same way the percentage of European works, when applicable, should in principle be calculated as the percentage of qualifying hours (excluding news, sports events, games and teleshopping/advertising) of a catalogue made up of European works. In that respect, some questions have been raised as to the way this percentage should be calculated[7].

1.2. Obligations set out in national legislation

In regard to Member States that had transposed the Directive (i.e. imposed the obligation to promote European works in on-demand services) only six national reports indicated that the legislation specifies concrete measures. These measures vary from one Member State to another.

One Member State[8] reported the total absence of on-demand services during the reference period. The breakdown of on-demand services[9] also varies greatly from one Member State to another and it is difficult to detect a trend concerning the preferred type of service: six[10] Member States reported a majority of video-on-demand services, generally with conditional access; another six[11] reported a majority of freely accessible catch-up TV services, one[12] reported a combination of catch-up and mixed services accessible free-of-charge, and another one[13] a majority of mixed services.

Nine reports submitted by Member States did not contain any information on the application of Article 13 due to belated transposition of the AVMS Directive. In those cases the national rules transposing the Directive had not yet been adopted or had not entered into force. Some of these Member States explained that, due to the absence of any registration obligation[14], the national authorities could not report any on-demand services. In another case[15] the lack of criteria for defining on-demand services meant that it was not possible to report on these services during the reference period.

As mentioned above, data provided by the national reports are not complete and not representative enough to enable reliable conclusions to be drawn on the application of Article 13 by the EU's on-demand service providers.

Despite the lack of concrete obligations set out in national legislation transposing the Directive, 14 national reports provided some data - to differing extent - on the modalities of European works promotion put into practice by on-demand service providers. Information provided by the national reports can be summarised as follows:

All national reports that provided information on the measures adopted by on-demand service providers to promote European works indicated quite a high share of European works in catalogues. Averages ranged from 40% (Spain[16]) to 88.9% (Denmark) in 2009 and from 36.4% (Portugal) to 100% (Austria[17]) in 2010. Due to the limited number of national reports and the very low number of on-demand services (two or three) reported in some Member States, calculation of EU averages would not produce any significant result. Data on consumption of European works did not reveal a clear trend: in some Member States it matched the offer of European works, in Sweden and the UK the consumption rate was higher than the share of European works present in catalogues, and in another two cases the comparison results varied according to the year. Five Member States[18] reported financial contributions to European productions and six national reports[19] indicated the use of some prominence tools[20]. A majority of services were applying geo-restrictions in six Member States.

The Commission can only welcome the presence of a relatively high share of European works in on-demand services.

1.3. Performance indicators

Pursuant to the obligations set out in the national legislation transposing the Directive, each Member State decides on the indicators that on-demand audiovisual service providers will have to report on.

Indicators 1 – 10 below are based on the modalities suggested in Article 13 of the Directive. They have been developed on the basis of the information provided by the Study conducted in 2011 on the promotion of European works[21] and were subject to practicability tests.

· Indicator 1: Financial contribution

Indicator 1 is presented as an average proportion for each individual on-demand service.

It is obtained by determining the percentage of the programme budget of each on-demand service, or turnover, depending on the national legislation, that was spent in the production and/or acquisition of European works during the reference period.

Compliance is reached when the percentage achieved by an on-demand service matches the proportion set out in the national legislation.

· Indicator 2: European works

Indicator 2 is presented as an average proportion for each individual on-demand service.

It is obtained by determining the percentage of qualifying hours of the catalogue made up of European works. Qualifying hours exclude those devoted to news, sports events, games and commercial communications.

Compliance is reached when the percentage achieved by an on-demand service matches the proportion set out in the national legislation.

· Indicator 3: Homepage

Indicator 3 is presented as an average proportion for each individual on-demand service.

It refers to a way of giving prominence to European works. It is obtained by determining the percentage of European works promoted on the homepage of the on-demand service provider.

· Indicator 4: Country of origin

Indicator 4 is presented as an average proportion for each individual on-demand service.

This indicator refers to a way of giving prominence to European works. It is obtained by determining the percentage of content descriptions including information on the country of origin of the works offered in a catalogue.

· Indicator 5: Search

Indicator 5 is an individual Boolean value (yes/no) for each on-demand service.

This indicator refers to a way of giving prominence to European works. It indicates whether or not the service enables the user to browse by origin the content offered in a catalogue in order to search for European works.

· Indicator 6: Tools

Indicator 6 is an individual Boolean value (yes/no) for each on-demand service.

This indicator refers to a way of giving prominence to European works. It indicates whether or not the service provides recommendation tools about European works.

· Indicator 7: Sections

Indicator 7 is an individual Boolean value (yes/no) for each on-demand service.

This indicator refers to a way of giving prominence to European works. It indicates whether or not the service includes sections dedicated to European works.

· Indicator 8: Trailers

Indicator 8 is presented as an average proportion for each individual on-demand service.

This indicator refers to a way of giving prominence to European works. It is obtained by determining the percentage of programme trailers presented to the public which promote European works.

· Indicator 9: Promotions

Indicator 9 is presented as an average proportion for each individual on-demand service.

This indicator refers to a way of giving prominence to European works. It is obtained by determining the percentage of published promotions concerning European works, either on own user interface or other media.

· Indicator 10: Compliance

Indicator 10 is an individual Boolean value (yes/no) for each on-demand service.

This indicator shows whether or not a service complies with the obligations set out in the national legislation transposing Article 13.

2. APPLICATION OF ARTICLE 13 - DETAILED ANALYSIS

Section 2 contains statements by the Member States which do not necessarily represent the Commission's opinion.

2.1. Belgium 2.1.1. Belgium – Flemish Community

1. Existence of concrete legal obligations

The Flemish Community of Belgium has reported the absence of concrete legal obligations for providers of on-demand audiovisual media services to promote the production of and access to European works.

2. Reported on-demand services

No on-demand services were reported in 2009.

22 on-demand services were reported in 2010, of which 21 video-on-demand services with conditional access and one mixed service (catch up TV/ VOD). Geo-restrictions were reported.

3. Measures adopted for the promotion of European works

No statistical data was provided.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || Kanaal Z || VoD || Conditional || NC || NC || No || Yes

|| Actua TV || VoD || Conditional || NC || NC || No || Yes

|| Video on Demand Coditel || VoD || Conditional || NC || NC || No || Yes

|| S TV || VoD || Conditional || NC || NC || No || Yes

|| TMF || VoD || Conditional || NC || NC || No || Yes

|| NTV || VoD || Conditional || NC || NC || No || Yes

|| Video on Demand Belgacom || VoD || Conditional || NC || NC || No || Yes

|| Video on Demand Telenet || VoD || Conditional || NC || NC || No || Yes

|| Onze TV || VoD || Conditional || NC || NC || No || Yes

|| C-more || VoD || Conditional || NC || NC || No || Yes

|| Iwatch || Mixed || Mixed || NC || NC || No || Yes

|| ATV || VoD || Conditional || NC || NC || No || Yes

|| AVS || VoD || Conditional || NC || NC || No || Yes

|| TVL || VoD || Conditional || NC || NC || No || Yes

|| TV Brussel || VoD || Conditional || NC || NC || No || Yes

|| TV-Oost || VoD || Conditional || NC || NC || No || Yes

|| Ring TV || VoD || Conditional || NC || NC || No || Yes

|| Focus TV || VoD || Conditional || NC || NC || No || Yes

|| ROB TV || VoD || Conditional || NC || NC || No || Yes

|| Seniorennet || VoD || Conditional || NC || NC || No || Yes

|| RTV || VoD || Conditional || NC || NC || No || Yes

|| WTV-Zuid || VoD || Conditional || NC || NC || No || Yes

Comments on the application of Article 13 in Belgium – Flemish Community

In the Flemish Community there are no obligations for providers of on-demand audiovisual media services to promote, where practicable and by appropriate means, the production of and access to European works.

2.1.2. Belgium – French Community

1. Existence of concrete legal obligations

The legislation of the French Community of Belgium imposes on all services a contribution to the financing of the production of European works (up to 2.2% of turnover). It also sets out for non-linear services a specific obligation of prominence of European works in the catalogues. The provision gives a non-exhaustive list of tools for ensuring such prominence.

2. Reported on-demand services

No on-demand services were reported in 2009.

Two were reported in 2010, both video-on-demand services with conditional access.

3. Measures adopted for the promotion of European works

The two VOD services reported a financial contribution of respectively 1.4% and 2.2% as well as the use of several tools intended to give prominence to the European works (see second table below). The two services also offered a proportion of respectively 50% and 30% (40% on average) of European works in their catalogues, although this indicator does not correspond to any legal obligation. The consumption of European works in these two services was respectively 46% and 34%, therefore matching the average share of European works in the catalogues (40% on average). Geo-restrictions were reported.

Compliance rate was 100%.

Details are to be found in the two tables and comments below.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || VOD de Voo || VoD || Conditional || 2.2% || 50.0% || Yes || Yes

|| Belgacom TV A la demande || VoD || Conditional || 1.4% || 30.0% || Yes || Yes

Prominence tools

Year || Service || Homepage (%) || Identified Origin (%) || Search || Tools || Sections || Trailers (%) || Promotion (%)

2010 || VOD de Voo || NC || NA || NA || Yes || Yes || Yes (?%) || 44.0%

|| Belgacom TV A la demande || NC || NA || NA || Yes || Yes || Yes (?%) || 42.0%

Comments on the application of Article 13 in Belgium – French Community

Prominence (homepage, tools, sections, trailers, promotion: “Yes/Opt*”)

The Audiovisual Media Services Decree which transposes the Audiovisual Media Services Directive (AVMSD) requires that VOD service providers put a particular emphasis on European works included in their catalogue by presenting them attractively. This includes works from the French Community (Article 46). The commentary on this Article gives a non-exhaustive list of examples of tools for emphasis such as: advertising inserts, separate tabs, magazine articles, advertising programmes on self-promotional channels where these works can be emphasised, while leaving services free to create their own strategies. 

Consequently:

- the prominence of European works does indeed constitute a general obligation laid down by law;

- the detailed rules, as identified in the table (homepage, tools, section, trailers, promotion) are left to the choice of the service provider, using a 'co-regulatory' approach;

- implementation of this general obligation is covered by evaluation in the form of monitoring the proportion of 'promotional occurrences' dedicated to European works;

- this monitoring has allowed identification firstly of the intensity of certain criteria (consumption of European works, proportion of European works in the catalogues, general proportion of promotion dedicated to European works), and secondly of the existence of different measures (section, tools, trailers).

The results of the above monitoring can be accessed via the links included in foot note[22] .

European works consumption

Percentages refer to the proportion of European films among the 50 most watched films for each of the on-demand services.

2.2. Bulgaria

Existence of concrete obligations

Specific legal requirements for providers of audiovisual media services are set out in Article 19, paragraph 3 of the Law on Radio and Television. They refer to prominence.

Reported on-demand services

No on-demand services were reported in 2009.

In 2010 four on-demand services were reported in Bulgaria but data was provided for three of them only. The three services were video-on-demand services with conditional access. Geo-restrictions were reported for one service only.

Measures adopted for the promotion of European works

The proportion of European works offered varied from 48% to 100%, the average share being 75.3%. The reported consumption of European works was somewhat lower (65.7% in average against 75.3%). Financial contributions ranged from 18% to 100%.

The three services gave prominence to European works promoting them on their homepage and providing the origin of the works. Other prominence tools were also used by the three services in a different way, as shown in the tables below. Compliance rate was 75%.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || VOD (Global Communication Net) || VoD || || || No || No || No

|| VOD (Mobiltel EAD) || VoD || Conditional || 18.0% || 48.0% || Yes || Yes

|| Pay par view (Skat TV OOD) || VoD || Conditional || 64.0% || 78.0% || Yes || Yes

|| VOD (Vestitel BG) || VoD || Conditional || 100.0% || 100.0% || Yes || Yes

Year || Service || Homepage (%) || Identified Origin (%) || Search || Tools || Sections || Trailers (%) || Promotion (%)

2010 || VOD (Global Communication Net) || || || || || || ||

|| VOD (Mobiltel EAD) || 26.0% || 100.0% || Yes || No || Yes || NC || 15.0%

|| Pay par view (Skat TV OOD) || 75.0% || 100.0% || No || No || No || 70.0% || NC

|| VOD (Vestitel BG) || YES || 0.0% || No || No || Yes || 0.0% || 0.0%

Comments on the application of Article 13 in Bulgaria

Regarding the implementation of Article 13 of the Directive, data is being supplied for four out of the 13 non-linear media service providers registered at the Council for Electronic Media for the period from 1 January 2010 to 31 December 2010. Out of the 13 on-demand services registered at the end of 2010, nine were not yet operational.

This type of information is being collected for the first time for the European Commission. In Bulgaria’s case, these services are still new and most providers are still at either the preparatory or the initial stages of their activities.

Specific legal requirements for providers of audiovisual media services are set out in Article 19, paragraph 3 of the Law on Radio and Television.

2.3. Czech Republic

Existence of concrete obligations

The Czech legislation sets out the obligation to devote at least 10% of the total number of qualifying programmes of the catalogue to European works or to spend at least 1% of revenues to the production or the acquisition of European works.

Reported on-demand services

No on-demand service was reported in 2009.

29 services were reported in 2010, five of which were dedicated to news and therefore not submitted to the above-mentioned obligations. 25 services were catch-up TV services, four were video-on-demand services. The majority of the services were accessible free-of-charge (24) while five were pay services. Geo-restrictions were reported for one service only.

Measures adopted for the promotion of European works

The proportions of European works offered in the catalogues ranked from 10% to 100%, as indicated in the table below, the average share being 51.3%. All services complied with the legal obligation set out in the legislation.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || Multimediání zpravodaj Prahy 7 || Catch-up || Free || || 20.0% || No || Yes

|| Svobodná internetová TV || Catch-up || Free || || 35.0% || No || Yes

|| www.cestovize.cz || Catch-up || Free || || 50.0% || No || Yes

|| aktualne.centrum/video || Catch-up || Free || || 30.0% || No || Yes

|| Doc Alliance Films || Catch-up || Free || || 84.0% || No || Yes

|| Videoarchiv || Catch-up || Free || || 100.0% || No || Yes

|| Regionání zpravodajský server || Catch-up || Free || || 10.0% || No || Yes

|| R 1 GENUS || Catch-up || Free || || News || No || Yes

|| HBO On Demand || VoD || Conditional || || 22.0% || No || Yes

|| hkhit || Catch-up || Free || || News || No || Yes

|| Internetová videokuchařka || Catch-up || Free || || 100.0% || No || Yes

|| VIDEO iDNES || Catch-up || Free || || 90.0% || No || Yes

|| TV Kralupy || Catch-up || Free || || News || No || Yes

|| BONUS TV || Catch-up || Free || || 100.0% || No || Yes

|| Infoportály || Catch-up || Free || || 10.0% || No || Yes

|| TV Portály || Catch-up || Free || || 10.0% || No || Yes

|| Webové stránky TV RTM || Catch-up || Free || || 10.0% || No || Yes

|| SUPERVIDEA || Catch-up || Free || || 95.0% || No || Yes

|| VIDEO NOVINKY || Catch-up || Free || || 90.0% || No || Yes

|| VIDEO PROZENY.CZ || Catch-up || Free || || 95.0% || No || Yes

|| Webové stránky TV RTM || Catch-up || Free || || 10.0% || No || Yes

|| O2 Active || VoD || Conditional || || 70.0% || No || Yes

|| O2 TV TV archiv || VoD || Conditional || || 100.0% || No || Yes

|| O2TV Videotéka || VoD || Conditional || || 50.3% || No || Yes

|| T-music || Catch-up || Free || || 30.0% || No || Yes

|| Videozóna || Catch-up || Free || || 10.0% || No || Yes

|| Topfun || Catch-up || Conditional || || 10.0% || No || Yes

|| R1 MORAVA || Catch-up || Free || || News || No || Yes

|| tvhradec || Catch-up || Free || || News || No || Yes

Comments on the application of Article 13 in the Czech Republic

In order to prevent misunderstanding of the provision on the promotion of European works in audiovisual media services on demand, the regulatory body (The Council on Radio and Television Broadcasting) has prepared a form to collect the relevant data. This form was prepared in cooperation with self-regulatory body representing on demand services (the law foresees the possibility for the regulatory body to cooperate with self-regulatory bodies on matters in the scope of the relevant law).

It can be said that first year of the application of this form helped the providers to fill in the data, and also the regulatory body to collect the necessary information in an unified way which meant easier preparation of the data.

2.4. Germany

Existence of concrete obligations

The German legislation does not set out any concrete obligation (see comments below)

Reported on-demand services

No on-demand services were reported

Measures adopted for the promotion of European works

No statistical data were provided.

Comments on the application of Article 13 in Germany

1.     Article 13(1) of the AVMSD calls for the Member States to ensure, 'where practicable and by appropriate means', that on-demand audiovisual media services promote the production of and access to European works. The words 'where practicable and by appropriate means', when analysed, imply that this is not a binding norm. Exactly how this regulation is implemented is left to the Member States, which have a margin of discretion. During the past negotiations on this subject Germany was keen to make it clear that Article 13 is non-binding. In the final analysis, the fact that the Member States were allowed a margin of discretion in implementing the rules on promoting European works was instrumental in persuading Germany to agree to the adopted version of Article 13.

2.     That said, the German Länder, which are empowered to pass legislation in this field, specified the telemedia services to be offered by the public service broadcasters in §§ 11d to 11f of the Interstate Broadcasting Treaty (Rundfunkstaatsvertrag, RStV). These new regulations were included in the RStV with the Twelfth Amendment to the RStV which came into force on 1 June 2009. Because of these regulations and the 'three-phase test procedures' based thereon, the on-demand audiovisual media services ('TV-like' telemedia) provided by the public service broadcasters are almost exclusively those already broadcast in these providers' linear services. Moreover, § 11d(5)(2) of the RStV forbids public service broadcasters from including in their telemedia bought-in films and episodes of TV series which are not commissioned by the broadcaster. However, these are works produced outside Europe. It can therefore be rightly said that the programme quotas for the linear services are far exceeded by the public-service on-demand audiovisual media services. In this regard we would also point to recital 74 of the AVMSD, which states that the objective of supporting audiovisual production in Europe can also be pursued within the Member States in the framework of the organisation of their audiovisual media services through the definition of a public service mission for certain media service providers.

3.     In Germany's view no further-reaching obligation for on-demand audiovisual media service providers is currently practicable using appropriate means. This is due in particular, on the one hand, to the market situation and the economic constraints, especially on smaller on-demand audiovisual media service providers. On the other hand it is extremely difficult to practically implement such an obligation, in part because the providers often have no data on the origin of the programmes but only on the licensor's country of origin.

4.     For reasons of clarification we would also point to recital 27 of the AVMSD, according to which, for television broadcasting or television programmes which are also offered as on-demand audiovisual media services by the same media service provider, the requirements of this Directive should be deemed to be met by the fulfilment of the requirements applicable to the television broadcast.

2.5. Denmark

Existence of concrete obligations

No concrete obligation was reported.

Reported on-demand services

26 on-demand services were reported in 2009 and 2010. All are Video-on-demand services accessible free-of-charge. Geo-restrictions were reported for one service only.

Measures adopted for the promotion of European works

The proportion of European works offered on the 26 on-demand services varied from 38.8% to 100%, the average being 88.9%.  For one service data was not communicated. Compliance rate was 96.2%. Details are contained in the table below.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2009 || altfordamerne.dk/video || VoD || Free || NC || 95.0% || No || Yes

|| Amtsavisen.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| stiften.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| Berlingske TV || VoD || Free || NC || 80.0% || No || Yes

|| Business.dk/webtv || VoD || Free || NC || 80.0% || No || Yes

|| boersentv.dk || VoD || Free || NC || 100.0% || No || Yes

|| BT TV || VoD || Free || NC || 60-70% || No || Yes

|| dagbladet-holstebro-struer.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| dagbladetskjern.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| EBTV || VoD || Free || NC || 100.0% || No || Yes

|| Eurowoman || VoD || Free || NC || 95.0% || No || Yes

|| Femina TV || VoD || Free || NC || 93-96% || No || Yes

|| Filmstriben.dk || VoD || Free || NC || 82,5-98,75% || No || Yes

|| JPTV || VoD || Free || NC || 100.0% || No || Yes

|| jyskebank.tv || VoD || Free || NC || 99-100% || No || Yes

|| jv.dk Web TV || VoD || Free || NC || 90.0% || No || Yes

|| kino.dk/trailers || VoD || Free || NC || 100.0% || No || Yes

|| lokalavisen.dk/section/xweb-tv/1009 || VoD || Free || NC || 100.0% || No || Yes

|| mja.dk/videoer.php || VoD || Free || NC || 100.0% || No || Yes

|| mtv.dk/videoer/ || VoD || Free || NC || 40.0% || No || Yes

|| nordjyske.dk/webtv/forside.aspx || VoD || Free || NC || NC || No ||

|| Politiken TV || VoD || Free || NC || 100.0% || No || Yes

|| seoghoer.dk/webTV.aspx || VoD || Free || NC || 93-96% || No || Yes

|| thevoice.dk/popup/popup/php?tab=tv || VoD || Free || NC || 38.8% || No || Yes

|| vejleamtsfolkeblad.dk/webtv || VoD || Free || NC || 59.5% || No || Yes

|| viborg-folkeblad.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

2010 || altfordamerne.dk/video || VoD || Free || NC || 95.0% || No || Yes

|| Amtsavisen.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| stiften.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| Berlingske TV || VoD || Free || NC || 80.0% || No || Yes

|| Business.dk/webtv || VoD || Free || NC || 80.0% || No || Yes

|| boersentv.dk || VoD || Free || NC || 100.0% || No || Yes

|| BT TV || VoD || Free || NC || 60-70% || No || Yes

|| dagbladet-holstebro-struer.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| dagbladetskjern.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

|| EBTV || VoD || Free || NC || 100.0% || No || Yes

|| Eurowoman || VoD || Free || NC || 95.0% || No || Yes

|| Femina TV || VoD || Free || NC || 93-96% || No || Yes

|| Filmstriben.dk || VoD || Free || NC || 82,5-98,75% || No || Yes

|| JPTV || VoD || Free || NC || 100.0% || No || Yes

|| jyskebank.tv || VoD || Free || NC || 99-100% || No || Yes

|| jv.dk Web TV || VoD || Free || NC || 90.0% || No || Yes

|| kino.dk/trailers || VoD || Free || NC || 100.0% || No || Yes

|| lokalavisen.dk/section/xweb-tv/1009 || VoD || Free || NC || 100.0% || No || Yes

|| mja.dk/videoer.php || VoD || Free || NC || 100.0% || No || Yes

|| mtv.dk/videoer/ || VoD || Free || NC || 40.0% || No || Yes

|| nordjyske.dk/webtv/forside.aspx || VoD || Free || NC || NC || No ||

|| Politiken TV || VoD || Free || NC || 100.0% || No || Yes

|| seoghoer.dk/webTV.aspx || VoD || Free || NC || 93-96% || No || Yes

|| thevoice.dk/popup/popup/php?tab=tv || VoD || Free || NC || 38.8% || No || Yes

|| vejleamtsfolkeblad.dk/webtv || VoD || Free || NC || 59.5% || No || Yes

|| viborg-folkeblad.dk/webtv || VoD || Free || NC || 100.0% || No || Yes

Comments on the application of Article 13 in Denmark

Monitoring method

Based on lists from the two most important Danish internet media associations we have checked a number of Danish websites and chosen those which we found to be included.

The providers of those websites have been consulted. Some have been excluded as a result of the consultation while the answers of the rest have been included in the reporting to the Commission.

Judging by the information supplied by the relevant audiovisual media services suppliers, it appears that

1) The extent to which Danish suppliers of on-demand audiovisual media services supply these services is very small: Even websites belonging to major newspapers do not offer more than around five new videos per day.

2) The majority of the on-demand audiovisual media services supplied by Danish suppliers is European: Of the 29 suppliers who responded, 24 report the extent of their European services to be in the range of 80-100 % of their total supply. The high percentage of European services is to a large extent explained by the fact that most suppliers give high priority to Danish content.

2.6. Estonia

Existence of concrete obligations

No concrete obligation was in force during the reference period.

Reported on-demand services

No services were reported during the reference period.

Measures adopted for the promotion of European works

No statistical data were provided.

Comments on the application of Article 13 in Estonia

Estonian new Media services act came into force in January 2011, providing the first reporting obligation for non-linear services (promotion of European Works) for 15th of February 2012. So far one non-linear service registered in summer 2011 after the enactment of the media act. There were no registered service providers (non-linear services) in 2009 and 2010 in Estonia, and the Estonian Media Services Act does not have any retroactive effect.

2.7. Ireland

Existence of concrete obligations

No concrete obligation was reported.

Reported on-demand services

No on-demand services were reported in 2009.

Three on-demand services were reported in 2010. All of them were catch-up TV services accessible free-of-charge.

Measures adopted for the promotion of European works

The share or European works varied from 41.7% to 98.4%, the average being 73.7%. No other promotion measure was reported. Compliance rate was 100%.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || RTÉ Player || Catch-up || Free || || 81.0% || No || Yes

|| TG4 Player || Catch-up || Free || || 41.7% || No || Yes

|| 3player || Catch-up || Free || || 98.4% || No || Yes

Comments on the application of Article 13 in Ireland

No comments were provided.

2.8. Greece

Existence of concrete obligations

No concrete obligation was reported.

Reported on-demand services

Five on-demand services were reported in 2009 and eight in 2010. A majority (4 out of 5 in 2009 and 6 out 8 in 2010) were catch-up TV services. Most of them were accessible free-of- charge. Geo-restrictions were reported.

Measures adopted for the promotion of European works

The Greek report indicates that almost all on-demand services applied the three categories of promotion modalities mentioned in Article 13 of the Directive. The share of European works ranged from 30% to 90% in 2009 (average share of 62.8%) and from 14.5% to 100% in 2010 (average share of 70.3%). The reported consumption of European works was slightly lower than the share of European works offered to the users in 2009 (59.2% on average against 62.8%) and slightly higher in 2010 (71% on average against 70.3%). Reported financial contributions varied from 40% to 100% in 2009 and from 10% to 100% in 2010. From the comments below, it appears that the basis for the calculation of financial contribution can be a mix of programming budget and turnover. The prominence tools used by the on-demand services in Greece are detailed in the second table below. Homepage, identified origin, trailers and promotions were the most commonly used tools. Compliance rates were 60% in 2009 and 75% in 2010.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2009 || FLASH TV || Catch-up || Free || 80.0% || 71.0% || Yes || Yes

|| NOVA ON DEMAND || Mixed || Conditional || NC || NC || Yes ||

|| TV HALKIDIKI || Catch-up || Free || 100.0% || 60.0% || Yes || Yes

|| LIVE STREAMING || Catch-up || Free || 90.0% || 90.0% || Yes || Yes

|| ΤΟΠ ΤΣΑΝΝΕΛ || Catch-up || Free || 40.0% || 30.0% || Yes || No

2010 || FLASH TV || Catch-up || Free || 80.0% || 71.0% || Yes || Yes

|| NOVA ON DEMAND || Mixed || Conditional || NC || 14.5% || Yes ||

|| KPHTH TV || Catch-up || Free || 61.0% || 80.0% || Yes || Yes

|| SKAIPLAYER || VoD || Free || NC || 100.0% || Yes || Yes

|| TV HALKIDIKI || Catch-up || Free || 100.0% || 77.0% || Yes || Yes

|| LIVE STREAMING || Catch-up || Free || 90.0% || 90.0% || Yes || Yes

|| TV CRETA || Catch-up || Free || 10.0% || 100.0% || Yes || Yes

|| ΤΟΠ ΤΣΑΝΝΕΛ || Catch-up || Free || 42.0% || 30.0% || Yes || Νο

Prominence tools

Year || Service || Homepage (%) || Identified Origin (%) || Search || Tools || Sections || Trailers (%) || Promotion (%)

2009 || FLASH TV || 100.0% || 100.0% || Yes || Yes || Yes || 70.0% || 30.0%

|| NOVA ON DEMAND || NC || NC || || || || NC || NC

|| TV HALKIDIKI || 100.0% || 100.0% || No || No || Yes || 50.0% || 50.0%

|| LIVE STREAMING || 90.0% || 100.0% || No || No || No || 90.0% || NC

|| ΤΟΠ ΤΣΑΝΝΕΛ || 25.0% || 100.0% || No || No || No || 17.0% || 28.0%

2010 || FLASH TV || 100.0% || 100.0% || Yes || Yes || Yes || 70.0% || 30.0%

|| NOVA ON DEMAND || NC || NC || NC || NC || NC || NC || NC

|| KPHTH TV || NC || NC || No || No || No || 80.0% || 100.0%

|| SKAIPLAYER || 60.0% || 100.0% || No || No || No || 60.0% || 10.0%

|| TV HALKIDIKI || 100.0% || 90.0% || No || No || Yes || 90.0% || 61.0%

|| LIVE STREAMING || 90.0% || 100.0% || No || No || No || 90.0% || NC

|| TV CRETA || 100.0% || 100.0% || Yes || No || || ||

|| ΤΟΠ ΤΣΑΝΝΕΛ || 25.0% || 100.0% || Νο || Νο || Νο || 19.0% || 30.0%

Comments on the application of Article 13 in Greece

Article 13 of the AVMS Directive has been transposed by Article 14(1) ‘Promotion of European works’ of Presidential Decree 109/2010 (Government Gazette, Series I, N° 190). Based on the relevant provision, on-demand audiovisual services must, ‘as far as possible and using appropriate means, promote the production of and access to European works. In particular, this promotion may consist of a financial contribution by these services to the production of, and acquisition of rights for, European works, or a high level of incorporation and/or attractive presentation of European works in the catalogue of programmes offered by the on-demand audiovisual service.

Statements

STAR television channel stated that pursuant to Article 13 of the AVMS Directive and Article 14 of Presidential Decree 109/2010 ‘the webpage ‘star.gr’ does not fall under the category of on-demand audiovisual media services.

Antenna TV (ANT1) also stated that Articles 17 and 18 of Presidential Decree 109/2010 setting out proportions of European and independent works exclusively refer to ‘television organisations’ as defined by Article 2 (1) f) of the same Presidential Decree and therefore only apply to the linear services of the television organisations and in no way to their non-linear services.

Situation of on-demand services

At the national level, only two broadcasting companies (SKAI and Hellenic Parliament Television Channel) and five broadcasting companies with a regional coverage were providing on-demand services during 2009 and 2010. The on-demand services available in Greece during the reference period were mostly catch-up TV services.

The following information on on-demand services during 2009 and 2010 is based on the list of the Greek National Council for Radio and Television (NCRTV).

1) SKAI provides an on-demand service through its website ‘http://www.skai.gr/tv/ (SKAI player)’ offering consumers the possibility to follow the station’ on-demand programmes. These programmes are Greek productions produced or commissioned by the channel to production companies. SKAI has therefore acquired all rights for broadcasting them on and off television. For 2010, however the production of the programmes was budgeted for the purposes of television broadcasting and not for the non-linear service.

Hellenic Parliament Television Channel provides its non-linear sevice according to the Hellenic Parliament’s programming budget, as set out by the Finance Directorate of teh Hellenic Parliament.

2) The regional channels TV Halkidiki (Halkidiki), Kriti TV (Heraklion Crete), Top Channel (Kozani), Creta Channel (Heraklion Crete) and Flash TV (Kozani), all with a regional coverage, offer non-linear services with a mix funding, . Their financial support to European productions was based on both programming budget and turnover.

3) Multichoice Hellas offers an on-demand service (‘Nova on-demand’) using a PVR and the provision of the service comes from the broadcaster’s programming budget. Due to the technical limitations, the number of films available for transmission is low. This means that the company ‘is obliged, respecting the needs of its subscribers, to provide though this specific service, the programmes/films which have the widest possible appeal, in accordance with the number of bow office sales. Taking the above into account, the average proportion of European works offered and promoted through the on-demand service is 14.5%.

2.9. Spain

Existence of concrete obligations

The Spanish legislation imposes a 30% share of European works in catalogues as well as a 5% financial contribution to European productions calculated on the basis of turnover.

Reported on-demand services

One on-demand service was reported in 2009 and three were reported in 2010. Two of them were Video-on-demand services and the other one was a mixed service (VOD/catch up TV). All of them were pay services. Geo-restrictions were reported for two services.

Measures adopted for the promotion of European works

The reported on-demand services fulfilled the 5% financial contribution obligation as well as the 30% share of European works in 2009 and 2010 (the proportions varied from 38.7% to 60%). Data provided for 2010 shows a consumption of European works lower than the share of European works offered to the users (26.3% on average against 47.6%).  On-demand services also used some prominence tools - in particular homepage, identified origin, trailers and promotions - although there is no legal obligation to do so under the Spanish legislation (see tables below). Compliance rate was 100% in 2009 and 2010.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2009 || VIDEOCLUB (ONO) || Mixed || Conditional || 5.0% || 40.0% || Yes || Yes

2010 || VIDEOCLUB (ONO) || Mixed || Conditional || 5.0% || 38.7% || Yes || Yes

|| VIDEOCLUB (Fr.Tel.E) || VoD || Conditional || 5.0% || 44.0% || Yes || Yes

|| Telefonica VoD || VoD || Conditional || 5.0% || 60.0% || Yes || Yes

Prominence tools

Year || Service || Homepage (%) || Identified Origin (%) || Search || Tools || Sections || Trailers (%) || Promotion (%)

2009 || VIDEOCLUB (ONO) || || || No || No || No || 35.0% || 15.0%

2010 || VIDEOCLUB (ONO) || || || No || No || No || 35.0% || 15.0%

|| VIDEOCLUB (Fr.Tel.E) || 5.0% || 100.0% || No || No || Yes || 13.0% || 5.0%

|| Telefonica VoD || || 100.0% || No || No || No || ||

Comments on the application of Article 13 in Spain

In relation to the report on the implementation of Article 13 of the Directive, encouragement to produce European works and facilitate access to them by on-demand audiovisual media service providers has been incorporated into Law 7/2010 of 31 March 2010 (General Law on Audiovisual Communication), establishing two types of cumulative obligation:

1. Firstly, providers of catalogues of programmes must reserve 30 % of the catalogue for European works and half of this reserve must be in one of Spain's official languages.

2. Providers of catalogues of programmes are also obliged to participate in the prefinancing of European production of cinema films, films and series for television, and documentaries, films and animation series, to the value of 5 % of their income during the previous financial year, according to their earnings statement.

2.10. France

Existence of concrete obligations

The Decree concerning on-demand audiovisual media services entered into force on 1 January 2011. Therefore no obligation was imposed on on-demand services during the reference period in France.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data was provided.

Comments on the application of Article 13 in France

The CSA has not received any information to date on the promotion of European works on non-linear services under its jurisdiction. 

Article 21 of Decree No 2010-1379 of 12 November 2010 concerning on-demand audiovisual media services, which entered into force on 1 January 2011, provides that: 'By 30 June of each year at the latest, audiovisual service providers of on-demand audiovisual media services subject to the provisions of Chapters I and II shall submit to the CSA an annual declaration relating to compliance with their obligations.'

The first reports on the promotion of European works broadcast by these services should therefore be submitted to the CSA by 30 June 2012; they will relate to the 2011 reporting year.

The CSA informed that spot checks of the share and prominence of European works in catalogues would be carried out.

2.11. Italy

Existence of concrete obligations

The Italian decree transposing the Directive sets out the obligation to reserve 20% of on-demand catalogues for European works or, alternatively, to provide a 5% financial contribution to the production of European works, calculated on the basis of the revenues. This Decree had not entered into force during the reference period. The use of three prominence tools was reported (search, recommendation tools and sections dedicated to European works).

Reported on-demand services

No on-demand services have been reported.

Measures adopted for the promotion of European works

No statistical data was provided.

Comments on the application of Article 13 in Italy

Directive 2007/65/CE was implemented in Italy with the decree 15 march 2010, n. 44 (the decree). During the period covered by the X report no obligation was in force for nonlinear audiovisual media services. According to article 16 (7) of the decree Agcom established a co-regulatory procedure for the definition of the duties related to the promotion of European works by the non linear audiovisual media services. The results of this co-regulatory activity are enshrined in Agcom decision n. 188/11/CONS that sets the obligation for video on-demand media services to promote European works, gradually and taking into account the development of the market by the adoption of one of these measures:

a)         a minimum 20% share of European works in video on-demand catalogues, calculated on the total yearly amount of hours provided by the subject having editorial responsibility on them;

b)         a financial contribution to the production of and acquisition of rights in European works that must not be less than 5% of the revenues related with the provision of video on-demand services.

Considering the development of VOD services, these duties will come into force in 2012.

Non linear audiovisual services are subject to a general authorization according to article 22 bis of the decree. This provision came into force in 2011, according to Agcom decision n. 607/10/CONS and for 2009 and 2010 there is no register of non linear audiovisual media service.

2.12. Cyprus

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data was provided.

Comments on the application of Article 13 in Cyprus

During the years 2009 and 2010, no media service provider providing on-demand audiovisual services was under the jurisdiction of CRTA.

2.13. Latvia

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data was provided.

Comments on the application of Article 13 in Latvia

At the moment of drawing up report on the application of Article 13 in Latvia not a single on-demand service provider is registered according to Electronic Mass Media Law. National Electronic Mass Media Council of Latvia is taking necessary actions to ensure the registration of these service providers.

National Electronic Mass Media Council of Latvia is developing the National strategy for the development of the electronic mass media sector. This strategy will contain requirements for promotion of European works in on-demand services.

2.14. Lithuania

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data was provided.

Comments on the application of Article 13 in Lithuania

No information can be provided regarding the application of Article 13 in Lithuania during the reference period. Pursuant to the Law on Provision of Information to the Public and the Ruling of the Radio and Television Commission of Lithuania, the four existing VOD providers had to register their activity by April 2011. Therefore no information is available for the previous years.

2.15. Luxembourg Existence of concrete obligations

No concrete obligations were reported during the reference period because the Directive was not transposed in Luxembourg until December 2010.

Reported on-demand services

No on-demand services were reported in 2009. Five services were reported in 2010. Four of them were Video-on-demand services and one was a mixed service (catch-up/VOD).

Measures adopted for the promotion of European works

No statistical data was provided. However some information was given on the use of prominence tools by on-demand services in Luxembourg (see comments below).

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || catch-up services (CLT-UFA) || Mixed || || || || ||

|| Video club (Coditel) || VoD || || || || ||

|| Video on demand (Eltrona) || VoD || || || || ||

|| Video on demand (EP&T) || VoD || || || || ||

|| itunes store || VoD || || || || ||

                       

Comments on the application of Article 13 in Luxembourg

Application of Article 13 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, which stipulates that Member States shall ensure that on-demand services help promote the production of European works as well as access thereto by on-demand media service providers.

The Directive was not transposed into national law until December 2010. This explains why AVMS providers had not yet for the period under review introduced tools and methods for providing reliable numerical data on the presence of European works in their supply. However, even in the absence of such data, an analysis of the supply shows that certain services feature headings based not only on the genre/type of work but also on its origin/nationality. By reserving a special place for European works in their catalogues, providers contribute to achieving the stated objective.  These measures are sometimes complemented by including articles highlighting certain well-known European actors in a specific country. By providing such information on European stars and their films, the services contribute to promoting European works. Other initiatives are also planned, such as financial contributions to the production of European works.

Generally speaking, providers seem to acknowledge that national works are essential to making their supply attractive.

European works make up 25% to 30% of the supply in the catalogue of the Postal and Telecommunications Company (Entreprises des Postes et Télécommunications). Measures have been taken to promote in future the broadcasting of European works using a tab enabling direct access to these works.

2.16. Hungary

Existence of concrete obligations

No concrete obligations were reported since the legislation transposing the Directive entered into force on 1 January 2011.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data were provided.

Comments on the application of Article 13 in Hungary

The provisions governing on-demand media services were introduced in Hungary by virtue of Act CLXXXV of 2010 on Media Services and Mass Media (Media Act), which came into force on 1 January 2011.

The European Commission is requesting data on on-demand media services in respect of European works for the period between 1 January 2010 and 31 December 2010.

Regulation governing on-demand media services was created on a legislative level by the legislator; however, the Media Act only came into force on 1 January 2011. Consequently, the Media Council does not have any information on these services for the reporting period from 1 January 2010 to 31 December 2010.

Article 41 of the Media Act sets out a registration obligation for on-demand media services Article 41 (1) of the Media Act (...):

(2) On-demand and ancillary media services subject to this Act provided by a media service provider with a registered office (domicile) in the territory of the Republic of Hungary shall be registered with the Authority. The said shall also be applicable to a media product published by a publisher with a registered office (domicile) in the territory of the Republic of Hungary. Registration is not a condition for commencing the service or the activity.

(3) Any natural person, legal or unincorporated entity shall have the right to initiate said registration pursuant to those set forth in this Act.

(4) The Authority shall keep an administrative register of (...)

e)  on-demand audiovisual media services,

f) on-demand radio media services, (...)

(5) In the event that a service provider provides both linear and on-demand services, or if a media publisher publishes both print media and online media products, it shall register each of its media services or media products separately.

(6) The data recorded in administrative registers established pursuant to Paragraph (4) -the name, contact information of media service providers, media product founders and publishers, as well as the names and titles of said media services and products - shall be in the public domain and accessible on the National Media and Infocommunications Authority (hereinafter referred to as the Authority) website. For the purposes of monitoring media services and media product publishing, the Authority shall oversee the natural person identification data of natural person media service providers and media product founders and publishers until such data are deleted from the administrative register.

Article 20 (2) of the Media Act defines the following programme quotas for on-demand audiovisual media services in respect of Hungarian works, qualifying as European works: Article 20 (2) of the Media Act: Over one-quarter of the total sum of the length of the programmes made available in a given calendar year in the programme offerings of on-demand audiovisual media services shall be composed of Hungarian works.

Since the entry into force of the Media Act, the National Media and Infocommunications Authority has registered 54 on-demand media services over the course of 2011.

2.17. Malta

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data were provided.

Comments on the application of Article 13 in Malta

No comments were provided.

2.18. Netherlands

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported because the policy rules on the classification of on-demand commercial media services entered into force on 1 November 2011. Of the 23 services declared on 16 December 2010, it is likely that only a few services may be regarded as on-demand media services, but no decision had been taken at the time of drawing up the Report (see comments below).

Measures adopted for the promotion of European works

Some statistical data were reported in the comments provided by the Dutch Authority. Three services which may be considered as on-demand services offered a high proportion of European works (from 58% to 100%).

Comments on the application of Article 13 in the Netherlands

A) The situation in 2009-2010

As you are aware, the implementation of the Audiovisual Media Services Directive (hereinafter the 'AVMS Directive') in the Mediawet 2008 ('2008 Media Law') was completed with the entry into force of the implementing law on 19 December 2009.

Over the course of 2010 the Dutch Media Authority (CvdM) received a number of declarations from providers which planned to provide one or more on-demand media services. On 16 December 2010, the reference date, a total of 23 (assumed) on-demand media services were declared.

In 2010 the CvdM gave no final ruling on the status of the declared services as it preferred to wait until the policy rules detailing the criteria for the definition of on-demand commercial media services had been laid down. The 2011 policy rules on the classification of on-demand commercial media services entered into force on 1 November 2011. Since then the number of declarations of (assumed) on-demand media services has continued to increase.

At the time of writing, a total of 36 declarations have been received. The CvdM is in the process of establishing which of these actually relate to on-demand commercial media services.

Of the 23 services declared on 16 December 2010, (it is likely that) only a few services may be regarded as on-demand media services. Many of them are radio services, for example, and/or services which were not active at the time.

Article 13 may therefore not be said to apply to the majority of services declared on 16 December 2010.

Although a final decision has not yet been reached, the CvdM assumes that three services may in any case be considered to be on-demand media services:

- Smulweb TV: a service consisting of cooking videos;

- Almere Breed TV: a local video service aimed at inhabitants of the city of Almere;

- Disney Channel; a number of VOD services.

B) Assessment of the European quota obligations

Following an initial analysis the CvdM found that the first two of the above services show only European works. We found that the Disney Channel on-demand media services are derived from the linear range and that the share of European productions is a healthy 58 %.

In addition to those services which have already been declared, there are two categories of providers whose services have not yet been declared but may be assumed to be on-demand media services.

These are the categories of 'catch-up services' and 'video-on-demand services' provided by SBS, NPO, UPC and Ziggo. The CvdM would refer in this connection to the study ordered by the Commission in 2011 to evaluate the AVMS Directive.

Table 1. European productions expressed in hours/titles as a percentage of the total number of hours/titles analysed in the catalogue of an on-demand media service

Type || Service || % hours || % titles

Catch-up || SBS6 Programma Gemist || 98.5 || 98.5

|| Uitzending Gemist || 100.0 || 100.0

VOD || Veamer || 24.7 || 24.8

|| UPC Live || 28.4 || 28.9

Source: 'Study on the implementation of the provisions of the Audiovisual Media Services Directive concerning the promotion of European works in audiovisual media services' (Chapter 6 'Non-Linear Content Analysis').

C) Monitoring

The CvdM is currently assessing both declared and non-declared services. Providers will be contacted and their attention drawn to the obligation to periodically inform the CvdM of the share of European works as referred to in Article 13 of the AVMS Directive. The CvdM will therefore send a questionnaire following declaration. The questionnaire will be based on the Commission's reporting instruction for non-linear media services.

2.19. Austria Existence of concrete obligations

An obligation to reserve a 50% share of catalogues for European works is imposed on the Austrian Public Service Broadcaster.  Prominence obligations (adequate presentation and identification of the works offered) are imposed on private on-demand service providers.

Reported on-demand services

One on-demand service was reported in 2010: the catch-up service of the Public Service Broadcaster which was accessible free-of-charge.

Measures adopted for the promotion of European works

The catch-up TV service offered a 100% European works in 2010. No other measures were reported since the Austrian legislation applying to commercial on-demand services only entered into force in October 2010 and the most on-demand services launched a professional offer only as of 2011 (see comments below).

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || ORF-Tvtech || Catch-up || Free || || 100.0% || No ||

Comments on the application of Article 13 in Austria

1. The catch-up service of the ORF started on the 16th of November 2009. Due to the legal conditions only own productions (coproductions) of the ORF can be distributed on this platform, so that 100 % of the programmes in 2009/10 are of European origin.

2. According to the Austrian legal situation there are no data concerning a percentage of European works available for the private sector of audiovisual on demand services as those services (as also enabled by article 13 AVMSD) only have the obligation to an adequate presentation and identification of European works in the catalogue provided. The Austrian Audio Visual Media Act, which foresees an obligation to actively report any non-linear services from Austrian based providers of such services, came into force on October 1st, 2010.

Subsequently KommAustria actively started to inform and “encourage” providers of non-linear services in Austria to comply with all the legal obligations by requesting all identified providers to state, whether their offered non-linear services are audiovisual media services on demand according to Art 13 AVMS-Directive. All subsequently received data refer to the beginning of the year 2011.

What can be concluded out of the monitoring procedure is that by far the largest part of the now registered services (see http://www.rtr.at/de/m/Abrufdienste) have started a professional offer not earlier than 2011. As far as some of them already started in 2010 or even earlier almost all of these restricted themselves to the distribution of their own productions, so that in any case these programmes were of European origin. Where this was not the case - e.g. see http://www.flimmit.com/online-videothek/ - the service provider offers (according to the legal conditions) in an exemplary way an own category “Europäischer Film” and even “Österreich-Ecke”. Given the number of identified non-linear services, a comprehensive report can be expected for the following reporting period (2011 – 2012).

2.20. Poland

Existence of concrete obligations

No concrete obligations were reported due to late transposition of the Directive.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data were provided.

Comments on the application of Article 13 in Poland

During the reporting period, i.e. in 2009 and 2010, provisions requiring the implementation of so-called on-screen quotas by on-demand audiovisual media service providers (Article 13 of the Directive) were not in force, hence the lack of data in the report on this subject.

2.21. Portugal

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

Four on-demand services were reported in 2009 and five in 2010. Half of them were Video-on-demand services and half, mixed services (catch-up and VOD). All of them were pay services.

Measures adopted for the promotion of European works

In 2009, the share of European works in catalogues varied from 31.2% to 62.2% (45.6% on average) and in 2010, from 16.5% to 59.7% (36.4% on average). Compliance rates were 25% in 2009 and 40% in 2010.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2009 || VOD (MEO) || mixed || Conditional || || 43.5% || No || No

|| VOD (Optimus) || VoD || Conditional || || NC || No ||

|| VOD (Vodafone) || mixed || Conditional || || 31.2% || No || No

|| VOD (ZON) || VoD || Conditional || || 62.2% || No || Yes

2010 || VOD (Cabovisao) || VoD || Conditional || || 23.2% || No || No

|| VOD (MEO) || mixed || Conditional || || 59.7% || No || Yes

|| VOD (Optimus) || VoD || Conditional || || 16.5% || No || No

|| VOD (Vodafone) || mixed || Conditional || || 31.9% || No || No

|| VOD (ZON) || VoD || Conditional || || 50.5% || No || Yes

Comments on the application of Article 13 in Portugal

Monitoring method

Data collection was made by the Entidade Reguladora para a Comunicação Social (ERC - Portuguese Regulatory Authority) from the catalogues sent by the providers to the ERC at its request. It also requested information on the work's title, the country of production, production year and the year of entry into the providers’ VOD platform. MEO - PT Comunicações, S.A.

Given that the operator had included audiovisual works whose origin is not known in the catalogue, the percentages were calculated from the sub-group of audiovisual works available in the catalogue, i.e. excluding from the list the works whose origin was not given. There was an increasing number of European works included in the operator's catalogue: 43.5 % in 2009 rising to 59.7 % in 2010.

Optimus – SonaeCom, S.A.

Even though this operator already offered on-demand audiovisual services in 2009, it did not communicate specific information on its catalogue for that year. In any case, the works that were available in 2009 are still included in the 2010 catalogue.

Vodafone Portugal, S.A.

There was a slight increase in the number of European works in the operator's catalogue: 31.2 % in 2009 rising to 31.9 % in 2010.

ZON Conteúdos – Actividade de Televisão e de Produção de Conteúdos, S.A.

The percentages were calculated from the sub-group of audiovisual works available in the catalogue, i.e. excluding from the list the works whose origin was not given. This was done because the operator had included audiovisual works whose origin is not known. In 2010 the operator included twice as many works in its catalogue than it did in 2009, and offered an increasing number of European works.

2.22. Romania

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported in 2009.

Three services were reported in 2010. All of them were public funded catch-up services accessible free-of-charge.

Measures adopted for the promotion of European works

The report indicated a share of European works ranging from 73.2% to 100%, the average being 86.1%. Some prominence tools were also reported, such as homepage, identified origin, trailers and promotions. (See tables below). Compliance rate was 100%.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || Kanal D || Catch-up || Free || || 85.0% || Yes || Yes

|| Speranta TV || Catch-up || Free || || 73.2% || Yes || Yes

|| TVR Interactiv || Catch-up || Free || || 100.0% || Yes || Yes

Prominence tools

Year || Service || Homepage (%) || Identified Origin (%) || Search || Tools || Sections || Trailers (%) || Promotion (%)

2010 || Kanal D || 65.0% || 100.0% || Yes || No || Yes || 20.0% || 10.0%

|| Speranta TV || || || No || No || No || ||

|| TVR Interactiv || || 100.0% || No || No || No || ||

Comments on the application of Article 13 in Romania

Non-linear services have recently been implemented in Romania and their number is scarce.

National Audiovisual Council of Romania (CNA) is the regulatory authority responsible for all the types of services. Romania has harmonized its legislation, and adopted general obligations to promote European works on non-linear services.

According to the Romanian Audiovisual Law no. 504/2002, Art. 23:

 "(1) On-demand audiovisual media services promote, where practicable and by appropriate means, the production of and access to European works. Such promotion could relate, inter alia, to the financial contribution made by such services to the production and rights acquisition of European works or to the percentage and/or prominence of European works in the catalogue of programs offered".

Within the Romanian audiovisual market there is only one full-service video-on-demand provider (www.Voyo,ro) that was notified to CNA, since 2011. Besides this, only some Romanian broadcasters offer non-linear services (only catch-up TV) online as part of their IPTV platform, as seen in the annex.

2.23. Sweden

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

Three on-demand services were reported in 2009.

Six on-demand services were reported in 2010.

Only one Video-on-demand service was reported in 2010. The rest of services were catch-up or mixed (catch-up/VOD) services. Most of the services listed in 2010 were accessible free-of-charge (see tables below). Geo-restrictions were reported.

Measures adopted for the promotion of European works

According to the report on-demand all services in Sweden reserved a share of their catalogues for European works (from 30% to 85% in 2009 and from 35% to 100% in 2010). The average shares were respectively 66% and 80.8% in 2009 and 2010, lower than the average consumption of European works (respectively 92% and 98% in 2009 and 2010). Some of the services reported a financial contribution to the production of European works (from 15% to 100%) however, without indicating the basis for its calculation. In a few cases prominence tools were also used, in particular homepage and identified origin. (See table below). Compliance rate was 100% in 2009 and 2010.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2009 || C+ Play || Catch-up || Conditional || 15.0% || 30.0% || Yes || Yes

|| SVT Play || Mixed || Free || NC || 83.0% || Yes || Yes

|| TV4 Play || Mixed || Mixed || NC || 85.0% || Yes || Yes

2010 || Axess Play || Mixed || Free || NC || 90.0% || Yes || Yes

|| C + Play || Catch-up || Conditional || 15.0% || 35.0% || Yes || Yes

|| Moviestone || Mixed || Free || 100.0% || 100.0% || Yes || Yes

|| SVT Play || Mixed || Free || NC || 82.0% || Yes || Yes

|| Kanal 24 || VoD || Free || 100.0% || 100.0% || Yes || Yes

|| TV4 Play || Mixed || Mixed || NC || 78.0% || Yes || Yes

Prominence tools

Year || Service || Homepage (%) || Identified Origin (%) || Search || Tools || Sections || Trailers (%) || Promotion (%)

2009 || C+ Play || 100.0% || 100.0% || Yes || Yes || No || NC || NC

|| SVT Play || NC || 90.0% || No || No || No || No || No

|| TV4 Play || 100.0% || 80.0% || No || No || No || NC || NC

2010 || Axess Play || 80.0% || 100.0% || No || No || No || NC || NC

|| C + Play || 100.0% || 100.0% || Yes || Yes || No || NC || NC

|| Moviestone || 100.0% || 100.0% || No || No || No || 100.0% || 100.0%

|| SVT Play || NC || 90.0% || No || No || No || NC || No

|| Kanal 24 || 100.0% || 100.0% || No || No || No || 100.0% || 100.0%

|| TV4 Play || 100.0% || 80.0% || No || No || No || NC || NC

Comments on the application of Article 13 in Sweden

The monitoring method

A natural or legal person who provides on-demand-TV in Sweden is required to register with the Swedish Broadcasting Authority (Chapter 2, section 2 of the Swedish Radio- and Television Act (2010:696). The Broadcasting Authority shall establish a registry of those natural or legal persons who have registered and whose operations are within the purview of the Radio- and Television Act.

On 8 December 2011, the Broadcasting Authority had registered 24 on-demand-services from 17 operators. It has, however, been difficult for the Authority to induce other operators than the traditional broadcasting companies to register as providers of on-demand-TV. Two operators have after registration of four services requested that these services shall be removed from the register.

Natural or legal persons that provide on-demand-TV in other ways than through cable are to report to the Broadcasting Authority every fourth year, with the beginning 2011, what has been done in order to promote European works.

The Authority has required reports from those operators which were registered at the time we received the Commission’s request for reports. The Authority has also tried to obtain information from a few non-registered operators which the Authority suspects to be providers of on-demand services in the meaning of the Directive. Unfortunately these efforts have been without results so far. 

The result

The replies obtained show that the content of on-demand-services to a very large extent consists of European works. We can also see that most services lack specific functions in order to identify, search and recommend European works. The Swedish Radio- and Television Act does not specify in what way European works shall be promoted.

The future work

The Radio and Broadcasting Authority will continue and intensify its work in trying to identify the providers of on-demand-TV and require them to register.  The authority will improve and enhance its information as regards the requirement to register and to promote European works.

 

2.24. Slovenia

Existence of concrete obligations

No concrete obligations were reported due to the late transposition of the Directive.

Reported on-demand services

No on-demand services were reported.

Measures adopted for the promotion of European works

No statistical data were provided.

Comments on the application of Article 13 in Slovenia

Since the Audiovisual Media Services Directive was just recently transposed into our media legislation - Law on Audiovisual Media Services entered into force on 17th of November 2011 – our regulatory authority did not have any legal basis for monitoring audiovisual works in on-demand audiovisual media services during the reference period.

The first step after the adoption of the law would be the notification of all on-demand AVMS providers, so that the monitoring of audiovisual works in on-demand audiovisual media services would be carried out during the next year 2012.

A question regarding the implementation of the Article 13 - method of calculation the percentage of the catalogue made up of European works:

Under the Article 16 of the Slovenian Law on Audiovisual Media Services video-on-demand service providers are required to ensure that the share of European works be least 10% of the catalogue. However, the provision does not include any method on calculating this share (or even, if the share should be calculated from the programming hours or number of titles), as do not the guidelines for filling in the Article 13 forms sent out along with the excel spreadsheets.

To prepare the correct data we need to know, if the qualifying hours used to calculate the percentage of the catalogue made up of European works are:

1. the duration (runtime) in hours of a specific work offered in the catalogue, regardless of the number of days a specific work has been available or

2. should the number of days a specific work has been made available also be taken into account, in which case the total of hours for a specific work is the duration (runtime) of the work multiplied by number of days it has been made available.

If the calculation is made regardless of the number of days a specific European work has been made available, taking into account just the runtime, then the minimum share of European works could easily be achieved by making a sufficient quota available for even just one day.

2.25. Finland

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported in 2009.

Five on-demand services were reported in 2010, two catch-up and three mixed (catch-up/VOD) services. Most of them were accessible free-of-charge (four out of five).  Three of them reported geo-restrictions.

Measures adopted for the promotion of European works

Most of the content offered is of European origin since on-demand services in Finland are mainly built on domestic productions (see comments below). One statistical data was provided (70% share of European works).

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || Katsomo || Mixed || Mixed || || 70.0% || || Yes

|| TV7 || Mixed || Free || || || || Yes

|| Ruutu || Catch-up || Free || || || || Yes

|| TV5 Netti-TV || Catch-up || Free || || || || Yes

|| Yle Areena || Mixed || Free || || || || Yes

Comments on the application of Article 13 in Finland

Article 13 is implemented in Section 16 of the Act on Television and Radio Operations. At the moment, most of the on-demand audiovisual media services offered in Finland are provided by broadcasters.

Providers of on-demand audiovisual media services have reported to Ficora that they have used the following means to promote European works in their services:

1. Most of the content of on-demand audiovisual media services is of European origin. Providers of on-demand audiovisual media services aim to purchase on-demand rights to all European works that are broadcasted also on their television channels; Sanoma TV in particular makes a wide acquisition of on-demand rights to domestic productions.

2. Providers of on-demand audiovisual media services have produced domestic spin-off programs, such as a spin-off to a popular soap opera (MTV3), and also other material or clips that are available only as on-demand;

3. Providers of on-demand audiovisual media services build their services mainly around domestic productions. In particular YLE Arena (catch-up service) offers a higher share of domestic/European works – due to copyright restrictions – than the corresponding linear service.

2.26. Slovakia

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported in 2009.

36 on-demand services were reported in 2010, of which 10 were video-on-demand services, 21, catch-up services and five, mixed services. All of them were accessible free-of-charge.

Measures adopted for the promotion of European works

In 2010 on-demand services in Slovakia reported a share of European works ranging from 30% to 100%, the average being 93.3% in 2010 (see table below). No other measures for the promotion of European works were reported.

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || www.net-tv.sk || Catch-up || Free || NC || 100.0% || NC ||

|| www.ztv.sk/TV Archiv || Catch-up || Free || NC || 100.0% || NC ||

|| www.bardejovskatv.sk/videoarchiv || Catch-up || Free || NC || 100.0% || NC ||

|| www.snv.sk/Archiv, Najlepsie a Najsledovanejsie || Catch-up || Free || NC || 100.0% || NC ||

|| www.ta3.com/archiv || Catch-up || Free || NC || 44.0% || NC ||

|| www.cetv.sk/Spravodastvo, Akutality, Tv Archiv || Mixed || Free || NC || 100.0% || NC ||

|| www.tvba.sk || Catch-up || Free || NC || 100.0% || NC ||

|| www-prezentator.com/zoznam firiem, vyhladavac || VoD || Free || NC || 100.0% || NC ||

|| www.rexik.sk || VoD || Free || NC || 70.7% || NC ||

|| www.hcregion.sk/vysielanie Hc TV || Catch-up || Free || NC || 100.0% || NC ||

|| www.hntv.sk/Prilohy, TV Kratke spravy, TV Hlavne spravy, TV Sport a TV prilohy || Mixed || Free || NC || 100.0% || NC ||

|| www.tv.infomi.sk || Catch-up || Free || NC || 100.0% || NC ||

|| www.tvdk.sk/obrazove spravy || Catch-up || Free || NC || 100.0% || NC ||

|| www.donatv.sk || Catch-up || Free || NC || 100.0% || NC ||

|| www.metoo.sk/videopozicovna, videohoroskopy, videoinzercia, MeToo TV || VoD || Free || NC || 98.3% || NC ||

|| www.mtr.sk/videoarchiv || Catch-up || Free || NC || 100.0% || NC ||

|| www.huste.sk/ || Mixed || Free || NC || 100.0% || NC ||

|| www.joj.sk/archiv, video || Catch-up || Free || NC || 100.0% || NC ||

|| www.markiza.sk/tvnoviny || Mixed || Free || NC || 79.8% || NC ||

|| www.markiza.sk/viedozona || Mixed || Free || NC || 86.0% || NC ||

|| www.tv.eu.sk || VoD || Free || NC || 100.0% || NC ||

|| www.nztv.eu || Catch-up || Free || NC || 100.0% || NC ||

|| Fiber TV/video na poziadanie || VoD || Free || NC || 51.8% || NC ||

|| Orange World/video na zelanie || VoD || Free || NC || 98.0% || NC ||

|| www.dstv.sk/Hlavna stranka, Spravy, Magazin || Catch-up || Free || NC || 100.0% || NC ||

|| www.tivi.cas.sk || VoD || Free || NC || 100.0% || NC ||

|| www.stv.sk/videoarchiv || Catch-up || Free || NC || 100.0% || NC ||

|| digitalna televizia Magio/domaca videopozicovna || VoD || Free || NC || 30.0% || NC ||

|| www.televizio.sk || VoD || Free || NC || 100.0% || NC ||

|| www.tvpatriot.sk/Tv Archiv || Catch-up || Free || NC || 100.0% || NC ||

|| www.tvkarpaty.sk/Video spravy, Archiv relacie, Najnovsie spravy, Rychle spravy || Catch-up || Free || NC || 100.0% || NC ||

|| www.tvmistral.sk/Tento tyzden, Archiv || Catch-up || Free || NC || 100.0% || NC ||

|| www.tvoravia.sk/Spravy, Relcie, Sport, Kultura, Region info, Firmy || Catch-up || Free || NC || 100.0% || NC ||

|| www.tvpezinok.sk/VIDEOARCHIV || Catch-up || Free || NC || 100.0% || NC ||

|| www.respublica.sk/Vysielanie regiony || Catch-up || Free || NC || 100.0% || NC ||

|| www.web-tv.sk || VoD || Free || NC || 100.0% || NC ||

Comments on the application of Article 13 in Slovakia

No comments were provided.

2.27. United Kingdom

Existence of concrete obligations

No concrete obligations were reported.

Reported on-demand services

No on-demand services were reported in 2009.

82 on-demand services were reported in 2010. No information was provided on the type of services and access.

Measures adopted for the promotion of European works

Proportions of European works offered in the catalogues varied from 0% to 100% in 2010, the average share being 38.5%. No other measures were reported (see table below).

The average consumption of European works reported in 2010 was somewhat higher than the share of European works offered in the catalogues (40.7% against 38.5%).

Year || Service || Type || Access || Financial Contribution (%) || Share of Catalogue (%) || Prominence || Compliance

2010 || 40D website || || || || 96.0% || ||

|| Virgin/TopUpTV/BT/PS3 || || || || 97.0% || ||

|| History/Bio/C&I/Military history on Sky Anytime || || || || 27.0% || ||

|| History/Bio/C&I/Military history on Sky/Virgin || || || || 31.0% || ||

|| History/Bio/C&I/Military history on TopUpTV || || || || 28.0% || ||

|| History/Bio/C&I/Military history on UPC PL/Aster || || || || NC || ||

|| History/Bio/C&I/Military history on Ziggo/Belgacom || || || || NC || ||

|| Living TV || || || || 74.0% || ||

|| Sky on Sky Anytime || || || || 40.0% || ||

|| Sky on Sky Anytime+ || || || || 28.0% || ||

|| Sky on Sky Go || || || || 27.0% || ||

|| BT Vision || || || || 49.0% || ||

|| Ocean Finance TV || || || || 100.0% || ||

|| Channel5.com || || || || 71.0% || ||

|| Community Channel || || || || 86.0% || ||

|| Discovery Video-on-demand || || || || 44.0% || ||

|| ABC on demand || || || || 0.0% || ||

|| Disney Channel on demand || || || || 10.0% || ||

|| Disney Junior on demand || || || || 64.0% || ||

|| Disney XD on demand || || || || 0.0% || ||

|| FX || || || || 0.0% || ||

|| www.horseandcountry.tv || || || || 92.0% || ||

|| Fetch TV || || || || 0.0% || ||

|| ITV archive on Virgin || || || || 94.0% || ||

|| ITV Player || || || || 93.0% || ||

|| itv.com || || || || 91.0% || ||

|| ITV Wild || || || || 100.0% || ||

|| Leedstrinity.ac.uk || || || || 100.0% || ||

|| MSN Video Player || || || || 83.0% || ||

|| MTV || || || || 59.0% || ||

|| Music Choice on demand || || || || 62.0% || ||

|| National Geographic || || || || 35.0% || ||

|| NvTv || || || || 100.0% || ||

|| Adult Channel and other adult services on various platforms || || || || 60.0% || ||

|| Syfy Universal France || || || || 27.0% || ||

|| Syfy.co.uk || || || || 0.0% || ||

|| Syfy/13th Street || || || || 42.0% || ||

|| Animax || || || || 0.0% || ||

|| Animax Germany || || || || 21.0% || ||

|| AXN || || || || 49.0% || ||

|| AXN Germany || || || || 13.0% || ||

|| AXN Italy || || || || 16.0% || ||

|| Sony Entertainment TV || || || || 0.0% || ||

|| Sony Retro || || || || 0.0% || ||

|| STV Player || || || || 98.0% || ||

|| STV Player YouTube || || || || 98.0% || ||

|| Telegraph TV || || || || 100.0% || ||

|| TV Favourites || || || || 50.0% || ||

|| Travel Channel VOD || || || || 76.0% || ||

|| Adult Swim || || || || 0.0% || ||

|| Cartoon Network || || || || 15.0% || ||

|| CNN || || || || 50.0% || ||

|| TCM || || || || 1.0% || ||

|| Picturebox || || || || 12.0% || ||

|| UTV Player || || || || 99.0% || ||

|| TV3 Play || || || || NC || ||

|| TV3 Play || || || || NC || ||

|| TV6 Play || || || || NC || ||

|| TV8 Play || || || || NC || ||

|| Viaplay || || || || NC || ||

|| Viasat 4Play || || || || NC || ||

|| Virgin Media || || || || 59.0% || ||

|| Warner Films on Elisa Vihde || || || || 20.0% || ||

|| Warner Films on Lovefilm.com || || || || 22.0% || ||

|| Warner TV on 3Mobile || || || || 0.0% || ||

|| Warner TV on Alice || || || || 0.0% || ||

|| Warner TV on AON.TV || || || || 3.0% || ||

|| Warner TV on Conn-X TV || || || || 2.0% || ||

|| Warner TV on Elisa Vihde || || || || 0.0% || ||

|| Warner TV on Fastweb || || || || 4.0% || ||

|| Warner TV on FHV || || || || 3.0% || ||

Comments on the application of Article 13 in the UK

No comments were provided.

[1] Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of

 certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) – OJ L 95 of 15.04.2010

[2]The Study is available on the following website: http://ec.europa.eu/avpolicy/info_centre/library/studies/index_en.htm#promot

[3] 16 Member States provided some kind of information on on-demand services. In some cases only a list of on-demand services was provided with no data on the application of Article 13.

[4] The Czech Republic

[5] In particular Latvia, the Netherlands and Sweden

[6] See Recital 27 of the AVMS Directive

[7] See comments of Slovenia under 2.24

[8] Cyprus

[9] The questionnaire sent by the Commission to the Member States distinguished between catch-up TV services, video-on-demand and mixed services (VOD/catch-up).

[10] Belgium (97.7%), Bulgaria (100%), Denmark (100%), Spain (75%), Luxembourg (80%) and Portugal (55.6%)

[11] Czech Republic (86.2%), Ireland (100%), Greece (76.9%), Austria (100%), Romania (100%) and Slovakia (58.3%)

[12] Finland

[13] Sweden

[14] Latvia, Lithuania and Hungary

[15] The Dutch report indicates that, pending the adoption of criteria to define on-demand commercial media services by the Media Authority, no on-demand service was reported during the reference period although 23 services were declared at the end of 2010 in the Netherlands. However, information relating to some services was provided by the Dutch Authority. See section 2 of this document.

[16] This figure corresponds to one on-demand service only

[17] This figure does not correspond to an average but to the proportion of European works offered by the unique catch-up TV service reported in Austria in 2010.

[18] Belgium-French Community,  Bulgaria, Greece, Spain and Sweden

[19] Belgium-French Community, Bulgaria, Greece, Spain, Romania and Sweden.

[20] Detailed information is to be found in Section 2 of this document

[21] 'Study on the implementation of the provisions of the Audiovisual Media Services Directive concerning the promotion of European works in audiovisual media services'  conducted by Attentional, Headway International, Oliver & Ohlbaum and Gide Loyrette Nouel, available at: http://ec.europa.eu/avpolicy/info_centre/library/studies/index_en.htm#promot

 

[22] See http://csa.be/documents/1313

             http://csa.be/documents/1493

             http://csa.be/documents/1648

 

PART II

INTRODUCTION.. 4

1. APPLICATION OF ARTICLES 16 AND 17: GENERAL REMARKS. 4

1.1. Monitoring methods in the Member States. 5

1.2. Reasons for non-compliance. 6

1.3. Measures planned or adopted to remedy cases of non-compliance. 7

1.4. Conclusions. 8

2. APPLICATION OF ARTICLES 16 AND 17: DETAILED ANALYSIS. 8

2.1. Belgium.. 8

2.1.1. Belgium – Flemish Community. 8

2.1.2. Belgium – French Community. 10

2.1.3. Belgium- German speaking Community. 11

2.2. Bulgaria. 12

2.3. Czech Republic. 13

2.4. Denmark. 14

2.5. Germany. 16

2.6. Estonia. 17

2.7. Ireland. 19

2.8. Greece. 20

2.9. Spain. 21

2.10. France. 23

2.11. Italy. 24

2.12. Cyprus. 26

2.13. Latvia. 27

2.14. Lithuania. 29

2.15. Luxembourg. 30

2.16. Hungary. 31

2.17. Malta. 32

2.18.   The Netherlands. 33

2.19. Austria. 35

2.20. Poland. 37

2.21. Portugal 38

2.22. Romania. 40

2.23. Slovenia. 41

2.24. Slovakia. 43

2.25. Finland. 44

2.26. Sweden. 46

2.27. United Kingdom.. 48

3. APPLICATION OF ARTICLES 16 AND 17:  SUMMARY OF THE REPORTS FROM THE MEMBER STATES  50

3.1. Belgium.. 51

3.1.1. Belgium Flemish Community. 51

3.1.2 Belgium French Community. 55

3.2 Bulgaria. 61

3.3 Czech Republic. 64

3.4. Danemark. 67

3.5. Germany. 70

3.6. Estonia. 73

3.7. Ireland. 75

3.8. Greece. 77

3.9. Spain. 83

3.10. France. 86

3.11. Italy. 93

3.12. Cyprus. 95

3.13. Latvia. 95

3.14. Lithuania. 95

3.15. Luxembourg. 95

3.16. Hungary. 95

3.17. Malta. 95

3.18. The Netherlands. 95

3.19. Austria. 95

3.20. Poland. 95

3.21. Portugal 95

3.22. Romania. 95

3.23. Slovenia. 95

3.24. Slovakia. 95

3.25. Finland. 95

3.26. Sweden. 95

3.27. United Kingdom.. 95

           

APPLICATION OF ARTICLES 16 AND 17 IN EACH MEMBER STATE

INTRODUCTION

This document supplements the first Report from the Commission to the Council and to the European Parliament on the application of Articles 13, 16 and 17 of Directive 2010/13/EU pursuant to Article 16(3).

The report, which covers the period 2009-2010, outlines the Commission’s opinion on the application of Articles 16 and 17 at EU level and the principal conclusions which can be drawn from the Member States’ reports. This document contains a detailed analysis of the application of Articles 16 and 17 in each Member State based on the reporting obligation imposed on them for the reference period.

The Commission is responsible for ensuring the correct application of Articles 16 and 17 of the Directive in accordance with the Treaty. Article 16(3) of the Directive requires the Member States to report to the Commission on the application of these provisions every two years. Their reports are in Section 3.

The present document comprises three sections:

· Section 1: Application of Articles 16 and 17: General remarks;

· Section 2: Application of Articles 16 and 17: Detailed analysis for each Member State;

· Section 3: Application of Articles 16 and 17: Summary of the reports from the Member States.

The following information is contained in Part III of the Staff Working Document, in a separate set of annexes:

· Annex 1: Performance indicators

· Annex 2: Charts and tables on the application of Articles 16 and 17

· Annex 3: List of television channels in the Member States which failed to achieve the majority proportion required by Article 16.

· Annex 4: List of television channels in the Member States which failed to achieve the minimum proportion required by Article 17

1. APPLICATION OF ARTICLES 16 AND 17: GENERAL REMARKS

A total of 2,710 channels were identified over the reference period, representing a 23.1% increase on the previous period. This increase is a consequence of the highly dynamic development of the audiovisual sector which has continued since the last reference period.

In 2009, 1,313 channels were covered[1] by Article 16 and 1 311 by Article 17 of the Directive. In 2010, 1,390 channels were covered by Article 16 and 1 387 by Article 17[2]. Compared to the figures reported in the previous period the number of covered channels fell respectively by 14.4% and 14.6%.

This decrease was triggered by a change in the methodology applied. Given the emergence of channels with a very low audience share which might lack the necessary resources to provide statistical data and the Commission's policy aiming to avoid overburdening small companies with administrative work, the Commission services have set up a common framework enabling the individual exemption of very small channels from the reporting obligation. A 'tolerance threshold' of 0.3% audience share is set out, below which channels may be granted by the competent national authorities, at their request, an individual exemption from the obligation to report on the application of Articles 16 and 17[3]. The total of such exemptions in a given country may not exceed 10% of the global audience share. This exemption only concerns the reporting obligation and not the obligation to comply with the quotas set out in the Directive. The detailed conditions surrounding application of the 'tolerance threshold' are set out in the 'Revised Guidelines for Monitoring the Application of Articles 16 and 17 of the Audiovisual Media Services Directive (AVMS)'[4] drawn up by the Commission services in July 2011. These Guidelines will be subject to a review after their first complete application, scheduled for 2014[5].

1.1. Monitoring methods in the Member States

As regards the national monitoring methods, there is still divergence between Member States. National monitoring methods are mainly based on the submission of data by the broadcasters to the regulator. In a majority of Member States data is collected directly by the competent national authorities from the broadcasters falling under their jurisdiction and is not subject to any verification. In nine Member States, the national authorities verify the data submitted by broadcasters using their own monitoring system or the system of an independent company. One supervisory authority[6] indicated that it submits its report on the application of Articles 16 and 17 to representatives of the audiovisual production industry for comments.

During the reference period three Member States reported difficulties in carrying out the monitoring of all types of channels. In Cyprus the national legislation only allowed monitoring of channels broadcasting via analogue technology[7]. In Greece a number of private regional channels refused to submit their returns and some other channels were unable to report because they had not kept records for the reference period[8]. A similar problem arose in Slovenia where a small number of channels refused to submit their data to the supervisory authority[9]. The Commission would like to reiterate that all channels with national or regional[10] coverage falling within the jurisdiction of a given Member State come under the obligations set out in Articles 16 and 17, unless they benefit from an individual exemption or are subject to a legal exception.

At the same time some improvements have to be stressed: for the first time data concerning public regional channels were reported in Germany. In Sweden the competent authority managed to increase broadcasters' awareness about the importance of correct implementation of Articles 16 and 17. In Slovenia the monitoring system was improved and data submitted by a number of broadcasters was checked against the database of an independent company.

1.2. Reasons for non-compliance

The reasons given for non-compliance with the proportions required under Articles 16 and 17 of the Directive were again very similar to those provided in the previous reference periods.

· Recently launched channels

Some national reports indicated that recently launched channels with a very low audience share found it difficult to meet the obligations set out in Articles 16 and 17 from the start of their operations.

It is true that the Directive leaves open the possibility of progressively building up to the required proportions of European works[11] and that Article 16(3) allows the Commission to take into consideration the particular circumstances of new broadcasters. But every effort should be made to achieve the required proportions as soon as possible.

· Problems with the acquisition of European programmes

Some national reports indicated that the small size of certain domestic markets or their language area made it difficult to attain the required proportions of European works. Article 16(3) allows the Commission to take into account the specific situation of countries with low audiovisual production capacity or a small language area.

Furthermore, a number of national reports indicated that some broadcasters had difficulty in finding available European programmes on the market (not covered by licensing agreements), as well as European works at competitive prices or fitting the editorial line of niche channels. In particular the limited supply of European children's programmes was pointed out.

An argument based on the higher costs of European programmes cannot be accepted, considering that the objective of Articles 16 and 17 is precisely to foster production by the European audiovisual industry.

· Channels belonging to a group

Some national reports raised the point that while individual channels belonging to a group did not meet the proportions set out in Articles 16 and 17, the group as a whole fulfilled the quotas.

Once again the Commission reiterates that, even though Article 16(1) states that ‘broadcasters’ must reserve a majority proportion of their transmission time for European works, Article 16(3) refers to each of the ‘television programmes’ when it comes to achievement of the set proportion.

· Broadcasting from parent companies’ stock

A number of channels belonging to a group indicated that they were unable to meet the quotas for independent productions because they use programming from their parent companies. The Commission reiterates that this is not considered by the Directive as a  justification for exemption from the obligations imposed by Article 17 of the Directive.

· Difficult economic conditions during the reference period

A number of national reports put forward the economic and financial situation of some channels and the fall in advertising income as a reason for not achieving the required proportions.

The Commission may take exceptional circumstances into account, according to the principle of proportionality. However, every effort should be made to promote the transmission of European and independent works in the Member States.

· Specific situation of channels broadcasting a large amount of news and sports programmes

Some national reports also pointed out that channels broadcasting a large proportion of news and sports events find it difficult to reach the required proportions of European and independent works.

1.3. Measures planned or adopted to remedy cases of non-compliance

Here again the legal situation still differs from one Member State to another. Some of the supervisory authorities do not have any power to penalise broadcasters who fail to report and/or comply with the proportions set out in Articles 16 and 17. In six Member States the authorities reported that they had been in contact with the non-compliant channels in order to raise their awareness of or draw their attention to the need to achieve the required proportions of European/independent works. In another 11 Member States[12] the national authorities indicated that they had taken or would take active measures in the event of failure to communicate data and/or to achieve the required proportions of European works and/or independent productions. These measures ranged from the sending of warnings and letters of formal notice to the initiation of penalty procedures (in five Member States).

It seems that the situation has continued to improve regarding enforcement of the obligations laid down in Articles 16 and 17. However, there is still some room for improvement and the Commission would invite Member States to make every effort to ensure by appropriate means that the required proportions of European and independent works are achieved.

1.4. Conclusions

As far as Article 16 is concerned, the proportion of European works was 63.8% in 2009 and 64.3% in 2010. The overall result is a 0.5 percentage point increase. The average proportion of European works rose in 12 Member States, fell in another 12 and remained stable in three during the current reference period. Over the four-year period 2007-2010 the average proportion of European works broadcast rose by 1.7 percentage points. During the same period 12 Member States registered an increase in their percentages and the other 15 posted a decrease.

The proportions of European works created by independent producers in the EU were respectively 34.1% in 2009 and 33.8% in 2010. Nine Member States registered a positive development, 14 had a negative outcome and four reported a stable situation. The overall result is a tiny 0.3 percentage point decrease over the reference period. Regarding the period 2007-2010, 12 Member States registered an increase and 15 posted a decrease. The resulting net decrease over the four-year period (-1.5 percentage points) confirms a sustained downward trend in respect of independent works. However, the proportion of independent works broadcast at EU level remains well above the percentage set out in Article 17.

Despite a decrease over the reporting period and the period 2007-2010 (respectively 0.3 and 1.2 percentage points), the proportion of recent European works by independent producers broadcast at EU level is still satisfactory, with figures of 62.1% in 2009 and 61.8% in 2010.

2. APPLICATION OF ARTICLES 16 AND 17: DETAILED ANALYSIS 2.1. Belgium 2.1.1. Belgium – Flemish Community

Of the total of 53 identified channels, one channel (vtmKzoom) was non-operational in 2009. During the reference period, 11 channels were exempted because of the nature of their programming (sports and advertising).  In 2009 no data was communicated for nine channels concerning European works and for seven channels concerning European independent productions. In 2010, no data was communicated for eight channels concerning European works and for six channels concerning independent productions. As regards recent European works by independent producers, no data was communicated for ten channels in 2009 and for nine channels in 2010.

European works

All reported channels broadcast an average of 62.9% in 2009 and 65.7% in 2010 representing a 2.8 percentage point increase over the reference period.

In 2009, out of 32 reported channels, 12 channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[13]was 48.8%.

For 2010, out of 34 reported channels, ten channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 57.1%.

The national report indicates that VT4 makes efforts to broadcast European and independent productions. More than 50% of the channel’s budget was spent on European productions which are expensive for a channel targeting a small market with a fragmented advertising spending. VijfTV devotes on average 4 hours per day to phone-in-games which are not taken into account for the proportion of European and independent works.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 68.4% in 2009 and 70.8% in 2010, representing a 2.4 percentage point increase over the reference period.

For 2009, out of 34 reported channels, only two channels (Canvas and Jim TV) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 36 reported channels, three channels (Canvas, Jim TV and Liberty TV Vlaanderen) did not exceed the 10% threshold. The compliance rates were 78% in 2009 and 78.6% in 2010.

According to the national report, Canvas is part of the public broadcaster VRT’s second channel and is devoted to information, culture and education.

 The average relative proportion of recent European works by independent producers for all channels reported was 93.8% in 2009 and 89.3% in 2010, representing a 4.5 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.1.2. Belgium – French Community

Of the total of 21 identified channels, one channel (La Trois (RTBF3)) was non-operational in 2009 as well as one channel (MCM Belgique) in 2010. During the reference period, 5 channels were exempted from the obligation to comply with the European works quota while another channel was exempted from the obligation to fulfil the independent works quota.

European works

All reported channels broadcast an average of 70.8% in 2009 and 70.6% in 2010 representing a -0.2 percentage point decrease over the reference period.

In 2009, out of 15 reported channels, only one channel (Nickelodeon-MTV Wallonia) did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[14] was 93.3%.

For 2010, out of 15 reported channels, two channels (Be Ciné and Nickelodeon-MTV Wallonia) did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 86.7%.

The national report indicates that MTV-Service Nickelodéon-MTV Wallonia could not comply with the European works quota because the success of the channel is linked to the specificity of its programmes which come from the catalogue of its parent company, Viacom. MTV declared having made efforts to mitigate the deficit in European works: investments in independent Belgian productions and broadcasting of French Community musical works. The proportion of European works broadcast by this channel also increased from 25.8% in 2009 to 30.9% in 2010. The competent authority has taken note of these efforts and improvement.

BeTV – Service Be ciné declared that the week chosen for the monitoring sample was particularly unfavourable and that the channel reached a 51.2% proportion of European works over the whole 2010 year.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 38.5% in 2009 and 38.4% in 2010, representing a 0.1 percentage point decrease over the reference period.

For 2009, all 14 reported channels achieved the minimum proportion under Article 17 of the Directive. In 2010, out of 14 reported channels, only one channel (Be Sport 1) did not exceed the 10% threshold. The compliance rates were 100% in 2009 and 92.9% in 2010.

BeTV – Service Be sport 1 did not achieve the quota of independent works. The channel devotes 95% of its programming to sports events. The basis for the calculation of the propportion of independent works is therefore reduced to 5% of the programming. The channel also stressed the difficulty for independent producers to access sports rights.

The average relative proportion of recent European works by independent producers for all channels reported was 79.1% in 2009 and 76.7% in 2010, representing a 2.4 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.1.3. Belgium- German speaking Community

There was one identified channel in the German speaking Community of Belgium during the reference period: the channel run by the public service broadcaster BRF. Broadcasting time is limited to 600 minutes per month, half of the transmission time being devoted to news. Data provided for the first time by BRF shows a proportion of 18% European works, of which 15% are independent productions.

2.2. Bulgaria

Of the total of 52 identified channels, three channels (THE VOICE, TV SAT COM and TVT/TELEVISIA TURISME) were non-operational in 2009, and one channel (MM) in 2010. Seven channels were exempted in 2009 and seven in 2010. In 2009 no data was communicated for four channels concerning European works and for 11 channels concerning independent productions. In 2010, no data was communicated for three channels concerning European works and for 11 channels concerning independent productions. As regards recent European works by independent producers, no data was communicated for 14 channels in 2009 and for 13 channels in 2010.

European works

All reported channels broadcast an average of 56.0% in 2009 and 63.4% in 2010 representing a 7.4 percentage point increase over the reference period.

In 2009, out of 37 reported channels, 15 channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[15] was 53.7%.

For 2010, out of 41 reported channels, 13 channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 63.6%.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 23.1% in 2009 and 21.8% in 2010, representing a 1.3 percentage point decrease over the reference period.

For 2009, out of 30 reported channels, 10 channels did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 33 reported channels, 12 channels did not exceed the 10% threshold. The compliance rate, in terms of number of channels, was 48.8% in 2009 and 47.7% in 2010.

Bulgarian legislation transposing Article 17 sets out a higher percentage for independent works (12%) than Article 17.  According to the national report, the number of channels fulfilling this quota is lower than for European works, which can be explained by a decrease in financial capacities due to the crisis.

The average relative proportion of recent European works by independent producers for all channels reported was 57.3% in 2009 and 58.9% in 2010, representing a 1.6 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.3. Czech Republic

Of the total of 77 identified channels, 14 channels were non-operational in 2009, while three channels in 2010. Over the reference period, 7 channels were exempt due to the nature of their programmes (news, sports, teleshopping). In 2009, no data was communicated for three channels (Da Vinci, FUN1 and PUBLIC TV), while in 2010 for one channel (Ethnic TV).

European works

All reported channels broadcast an average of 64.1% in 2009 and 58.1% in 2010 representing a 6.0 percentage point decrease over the reference period.

In 2009, out of 53 reported channels, 22 channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[16] was 55.4% over the reference period.

For 2010, out of 66 reported channels, 31 channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 52.2%.

No comments were provided by the Czech Authorities.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 30.9% in 2009 and 26.0% in 2010, representing a 4.9 percentage point decrease over the reference period.

For 2009, out of 53 reported channels, 7 channels did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 66 reported channels, 25 channels did not exceed the 10% threshold. The compliance rates were 82.1% in 2009 and 61.2% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 62.6% in 2009 and 56.8% in 2010, representing a 5.8 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.4. Denmark

Of the total of 189 identified channels, one channel (6'eren) was not operational in 2010. A total of 169 channels were exempt over the reference period: 158 public regional channels were exempted from the reporting obligation on the basis of their extremely low audience share, six channels were exempted from the obligation to comply with the quotas because of the nature of their programming (sports, news and advertising) and four channels broadcasting in a non-EU language were not covered by Articles 16 and 17 of the Directive.

European works

All reported channels broadcast an average of 77.9% in 2009 and 79.6% in 2010 representing a 1.7 percentage point increase over the reference period.

In 2009, out of 20 reported channels, three channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive (6'eren, TV 2 Film and TV 2 Zulu). The compliance rate[17] was 85.0%.

For 2010, out of 19 reported channels, three channels did not achieve the majority proportion specified in Article 16 (DR K, TV 2 Film and TV 2 Zulu). The compliance rate was 84.2%.

The report does not provide any reason for failure to comply with the quota obligation. TV 2 Film posted an increase in the proportion of European works (30.1%) between 2008 and 2009 but fell back to 24.7% in 2010. TV Zulu remained below 30% over the period 2009-2010, therefore maintaining the poor results constantly registered over several reference periods. In its 9th Communication the Commission already pointed out that effective enforcement measures should be taken by the Danish Regulatory Authorities in order to ensure that the channel increases the proportion of European works broadcast. However the Danish report does not indicate that any such measure has already been adopted. Instead, the report contains a recommendation by the Secretariat of the Board to the Danish Radio and Television Board to stress that it expects the two failing channels to increase their proportion of European works in order to meet the requirements. The Commission therefore wishes to reiterate that some enforcement measure should be adopted towards the failing channels.  

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 26.1% in 2009 and 24.3% in 2010, representing a 1.8 percentage point decrease over the reference period.

For 2009, out of 20 reported channels, nine channels did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 19 reported channels eight channels did not reach the 10% threshold. The compliance rates were 55.0% in 2009 and 57.9% in 2010.

Most of the failing channels belong to the TV 2 and DR Groups. As regards TV 2 channels the Radio and Television Board emphasised in its annual public service statement the obligation to fulfil the 10% quota of independent European works despite the special nature of the channels and their focus on news. As from 2012 these channels will be able to broadcast the whole day and there will be a shift in their programming where the requirement for European independent works will be even more relevant.

The Board stated that DR HD and DR K channels, although they are recent start-up must meet the independent works requirement. The Board notes however that taken all together, the DR channels meet the requirements. 

The average relative proportion of recent European works by independent producers for all channels reported was 73.6% in 2009 and 69.5% in 2010, representing a 4.1 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.5. Germany

Of the total of 130 identified channels, 92 channels were exempt or excluded in 2009 and 93 in 2010. During the reference period, 52 of them were exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 40 were exempt due to the nature of their programmes (news, sports, teleshopping) or excluded due to a legal exception (local channels).Over the reference period, no data was communicated for channel Super RTL concerning recent works and for channel Tele 5 (Germany) regarding European works by independent producers as well as recent works. In 2010, no data at all was communicated for channel Nickelodeon.

European works

All reported channels broadcast an average of 71.7% in 2009 and 73.7% in 2010 representing a 2.0 percentage point increase over the reference period.

In 2009, out of 38 reported channels, 10 channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[18] was 73.7%.

For 2010, out of 36 reported channels, 10 channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 70.3%.

The national report explains that the decrease in European works broadcast by some channels of the ProSieben Sat.1 Group is due to changes in programming structures to adapt to economic conditions.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 40.4% in 2009 and 43.6% in 2010, representing a 3.2 percentage point increase over the reference period and a 18.1 percentage point decrease compared to 2007.

For 2009, out of 37 reported channels, only four channels (MTV (Germany), PHOENIX, VIVA (Germany) and ZDF Infokanal) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 35 reported channels, only two channels (PHOENIX and ZDF Infokanal) did not exceed the 10% threshold. The compliance rates were 86.8% in 2009 and 89.2% in 2010.

According to the national report, in case private channels were unable to meet the quotas for independent productions, this was due to the fact that they are using programming from their parent companies. In addition, PHOENIX's failure to meet the proportion of independent works was due to its specific nature as a niche channel, devoted to producing its own 'event broadcasts' and discussion programmes.

The average relative proportion of recent European works by independent producers for all channels reported was 71.5% in 2009 and 71.0% in 2010, representing a 0.5 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.6. Estonia

Of the total of 13 identified channels, one local channel was subject to a legal exception and two channels broadcasting in a non-EU language were not covered by Articles 16 and 17 of the Directive. No data was communicated for one channel (TV 14) in 2009 and for the same channel no data was communicated in 2010 concerning recent European works by independent producers.

European works

All reported channels broadcast an average of 67.0% in 2009 and 71.7% in 2010 representing a 4.7 percentage point increase over the reference period.

In 2009, all seven reported channels achieved the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[19] was 87.5%.

For 2010, out of eight reported channels, only one channel (TV6 (Estonia) did not achieved the majority proportion specified in Article 16 of the Directive. The compliance rate was 87.5%.

Failure to reach the required proportions of European works by TV6 was due to the impossibility for the channel to acquire rights for new European works in time to replace several European series which had come to an end. Improvement has been made in the management of the channel which will enable increasing the broadcast of European programmes. In 2011 the Regulatory Body issued a precept for breaching the obligation set out in the Media Services Act and is currently monitoring its application.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 48.4% in 2009 and 46.4% in 2010, representing a 2 percentage point decrease over the reference period.

In 2009, all seven reported channels, in 2010, all eight reported channels achieved the minimum proportion under Article 17 of the Directive. The compliance rates were 87.5% in 2009 and 100% in 2010.

The average relative proportion of recent European works by independent producers for all seven channels reported was 44.6% in 2009 and 52.3% in 2010, representing a 7.7 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.7. Ireland

Of the total of 11 identified channels, six sports channels were exempt during the reference period.

European works

All reported channels broadcast an average of 44.0% in 2009 and 48.4% in 2010 representing a 4.4 percentage point increase over the reference period.

In 2009 and 2010, out of five reported channels, only two channels achieved the majority proportion of transmission time specified in Article 16 of the Directive, while three channels did not (Channel 6/3e, RTE 2, TG4). The compliance rate[20] was 40% during the reference period.

RTÉ2's failure to comply with the European works quota is explained by the fact that RTÉ2 carries almost RTÉ sports programming which is a key part of the public service remit. The channel was not able to fulfil the majority proportion of European works for the rest of the programming.

Sport coverage and news provide also a significant percentage of hours (35%) to TG4's schedule. These programmes are supplied from within the EU area but are ineligible in the calculation of the proportion of European works.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 21.7% in 2009 and 20.6% in 2010, representing a 1.1 percentage point decrease over the reference period.

For 2009, out of five reported channels, only one channel (Channel 6/3e) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, all five reported channels exceeded the 10% threshold. The compliance rates were 80% in 2009 and 100.0% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 74.9% in 2009 and 75.5% in 2010, representing a 0.6 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2009-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.8. Greece

Over the reference period, out of the total of 95 identified channels, 7 channels were exempt due to the nature of their programmes (news, sports and teleshopping) and one channel (ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΟΣ ΣΤΑΘΜΟΣ 4Ε) was granted an individual exemption. In 2009, data was missing for eight channels concerning European works and independent productions and for nine regarding recent works. In 2010, data was communicated for two channels concerning European works and independent productions and for four channels regarding recent works.

European works

All reported channels broadcast an average of 62.6% in 2009 and 61.0% in 2010 representing a 1.6 percentage point decrease over the reference period.

In 2009, out of 79 reported channels, 18 channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[21] was 70.1% during the reference period.

For 2010, out of 85 reported channels, 20 channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 74.7%.

The national report refers to the specific case of the channels Novasports 1 (which mainly broadcasts sports events) and Disney XD which share the same frequency. Figures for both channels have been combined.

Both state and private national and regional channels which responded to the Ministry's survey declared that they would make every effort to improve their performance so as to comply with the provisions of the Directive.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 19.7% in 2009 and 22.3% in 2010, representing a 2.6 percentage point increase over the reference period. These results also represent an increase compared to the previous reference period (7.8 percentage points). The Commission welcomes this positive development.

In 2009, out of 79 reported channels, 28 channels did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 85 reported channels, 27 channels did not exceed the 10% threshold. The compliance rates were 58.6% in 2009 and 66.7% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 34.0% in 2009 and 36.8% in 2010, representing a 2.8 percentage point increase over the reference period. Here again, the results achieved during the reference period represent a significant increase compared with the previous one (15.2 percentage points).

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.9. Spain

Of the total of 175 identified channels, one channel (Nitro) was non-operational in 2009. 145 channels were exempt or excluded over the reference period: 117 were exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 28 were exempt due to the nature of their programming (news, sports, games and teleshopping) or excluded due to a legal exception  (local channels). In 2009, no data was communicated at all for one channel (8TV) and for two channels (Canal Sur, Canal Sur 2) regarding recent European works. No data on recent works was communicated for three channels (Canal Sur, Canal Sur 2 and Veo7) in 2010.

European works

All reported channels broadcast an average of 60.2% in 2009 and 59.6% in 2010 representing a 0.6 percentage point decrease during the reference period.

In 2009, out of 28 reported channels, 21 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while seven channels (Fox España, Disney Channel, Clan TVE, Canal+ España, AXN, Telemadrid and TVCanaria) did not. The compliance rate[22] was 72.4%.

For 2010, out of 30 reported channels, 21 achieved the majority proportion specified in Article 16 of the Directive, while nine channels (Neox, Nitro, Fox España, Clan TVE, Canal+ España, AXN, Telemadrid, Aragon television and TVCanaria) did not. The compliance rate was 70%.

The report points out that some DTT channels have recently been launched and intend to achieve the proportion of European works on a progressive basis. In other cases, small channels with an audience share sometimes lower than 0.5% or thematic channels show difficulties in complying with the quota. In that respect the Commission would like to reiterate that the obligation to broadcast a majority of European works applies to all channels.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 32.1% in 2009 and 34.3% in 2010, representing a 2.2 percentage point increase over the reference period.

For 2009, out of 28 reported channels, 26 achieved the minimum proportion under Article 17 of the Directive, while two channels (Fox España and TVE La 1) did not. In 2010, out of 30 reported channels, two channels (8TV, Fox España) remained below the 10% threshold. The compliance rates were 89.7% in 2009 and 93.3% in 2010.

According to the report, although the achievement of independent works proportion is higher than in the case of European works, the reasons for failure are the same as for the requirement set out in Article 16.

The average relative proportion of recent European works by independent producers for all channels reported was 65.0% in 2009 and 74.4% in 2010, representing a 9.4 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.10. France

Out of the total of 160 identified channels, during the reference period, 25 channels were exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 32 channels were exempt due to the nature of their programmes (news, sports, teleshopping). One channel (Orange Sport) was exempt in 2009 only. In 2009, no data at all was communicated for two channels, data was missing for three channels regarding independent productions and for nine channels regarding recent works. In 2010, no data at all was communicated for 6 channels, data was missing for 7 channels regarding independent productions and for 8 channels regarding recent works.

European works

All reported channels broadcast an average of 72.3% in 2009 and 70.1% in 2010 representing a 2.2 percentage point decrease over the reference period.

In 2009, all 96 reported channels achieved the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[23] was 98.0%.

For 2010, out of 97 reported channels, only 4 channels (Africabox TV, Trace Tropical, Trace TV and Virgin 17 (*)/Direct Star depuis septembre 2010) did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 90.3%.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 50.4% in 2009 and 49.5% in 2010, representing a 0.9 percentage point decrease over the reference period.

For 2009, out of 95 reported channels, only two channels (AB 1 and W9 (*)) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 96 reported channels, the same two channels (AB 1 and W9 (*)) did not exceed the 10% threshold. The compliance rates were 94.9% in 2009 and 91.3% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 59.4% in 2009 and 60.0% in 2010, representing a 0.6 percentage point increase over the reference period.

French legislation imposes an obligation on television channels to finance European independent productions. As explained in the national report, the French regulation contains stricter rules than the ones set out in Article 17. 0bligations to invest in audiovisual and cinematographic production are expressed as percentages of turnover and not on the basis of programme budgets. For certain broadcasters, the obligation is even stricter since they may only declare investments in certain types of productions. In addition the French legislation does not consider ‘recent’ works (less than five years) but ‘new’ productions (produced during the year).

The national report underlines that for these reasons some television channels (such as Direct Star and W9) may display figures which are below the percentage set out in Article 17, which does not indicate that they do not comply with this provision. In this respect, the Commission would like to insist on the need to present data in a way that accurately reflects the compliance of French channels with Article 17 of the Directive. For comparability purposes, all national data should be calculated and reported in relation to the same basis.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.11. Italy

Of the total of 345 identified channels, six channels (MTV +, RAI 5, Mediaset Extra, LA5, LA7D and Arturo) were non-operational in 2009, while eight channels (FOX LIFE, Next, National Geographic Channel HD Fra, FOX LIFE pl, FOX LIFE Fra, National Geographic Channel Fra, JETIX and Sky Show) were non-operational in 2010. Out of the identified channels, during the reference period 107 channels were exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 171 channels were exempt from the obligation to fulfil the quota set out in the Directive because of the nature of their broadcasts (news, sports, teleshopping, promotional or user guide channels).  In addition, FOX CRIME was also exempted in 2010.

European works

All reported channels broadcast an average of 59.2% in 2009 and 60.8% in 2010 representing a 1.6 percentage point increase during the reference period.

In 2009, out of 61 reported channels, 41 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while 20 channels did not. The compliance rate[24] was 67.2%.

For 2010, out of 58 reported channels, 41 achieved the majority proportion specified in Article 16 of the Directive, while 17 channels did not. The compliance rate was 70.7%.

The Italian legislation foresees that in the case of channels belonging to the same group, the quotas have to be calculated on the global amount of programming time, with a minimum threshold on each channel of 20%, as it was already the case in the previous reference periods. The Italian authority Agicom will initiate the necessary sanctioning proceedings against channels which have not complied with the programming obligations. 

The Commission welcomes the increase in the proportion of European works broadcast in Italy during the reference period partially compensating the drop registered in the period 2007-2008. It also notes that all channels communicated their data during the reference period.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 17.1% in 2009 and 14.8% in 2010, representing a 2.3 percentage point decrease over the reference period.

For 2009, out of 61 reported channels, four (Alice, Leonardo, Marco Polo and Nuvolari) did not achieve the minimum proportion under Article 17 of the Directive. In 2010 out of 58 reported channels, only one channel (Steel) did not achieve the 10% threshold. The compliance rates were 93.4% in 2009 and 98.3% in 2010.

In Italy broadcasters have the obligation to invest at least 10% of their net annual revenues in European independent works[25], which represents a stricter obligation than the obligation to invest 10% of the programming budget foreseen in Article 17 of the Directive.

The average relative proportion of recent European works by independent producers for all channels reported was 12.6% in 2009 and 11.4% in 2010, representing a 1.2 percentage point decrease over the reference period. These figures represent a drastic drop compared to the previous reference period (53.5 percentage point decrease from 2007 to 2010). The Commission therefore invites the Italian authorities to encourage the channels falling under their jurisdiction to increase their transmission time of independent recent works.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.12. Cyprus

There were only eight identified channels over the reference period due to the legislation in force which did not allow the monitoring of channels broadcasting in digital technology. This situation changed on 1 July 2011 further to the modification of the legislation in Cyprus.

European works

The eight reported channels broadcast an average of 50.3% European works in 2009 and 50% in 2010. This represents a 0.3 percentage point decrease over the reference period but a substantial increase by 20 percentage points compared to 2008.

Over the reference period 2 out of 17 channels did not reach the proportion required by Article 16 of the Directive. The compliance rate[26] was 75% in 2009 and 2010, compared to 12.5% in the period 2007-2008.

The national report stresses the significant increase in the transmission time devoted to European works on the majority of channels, except for two pay-TV channels, LTV and Alfa TV (which no longer exists). The Commission welcomes this positive development.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 35.5% in 2009 and 34.6% in 2010, representing a 0.9 percentage point decrease over the reference period. The figure reported for 2010 represents a 7.3 percentage point decrease compared to 2008.

Three of the eight reported channels failed to reach the 10% proportion of European independent works set out in Article 17 of the Directive. Two of them, MEGA (Cyprus) and SIGMA reported a 0% proportion of independent works according to the indications contained in the Commission revised Guidelines for Monitoring the Application of Articles 16 and 17 of the Directive. The compliance rate was 62.5% in 2009 and 2010.

The channels were reminded by the authorities of their obligations stemming from the Directive.

The average proportion of recent European works by independent producers was 35.2% in 2009 and 33.2% in 2010, representing a 4.8 percentage point decrease over the reference period. The result achieved in 2010 (33.2%) represents a 52 percentage point decrease compared to the 2008 result (69.9%).

The supervisory Authority is encouraged to incite the channels falling within Cyprus jurisdiction to increase the broadcasting of independent and recent works.

The evolution of the averages achieved in Cyprus over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.13. Latvia

Of the total of 32 identified channels, 26 channels were exempt during the reference period. 25 channels were exempt from the obligation to report on the basis of their very low audience share (below 0.3%), and one channel was exempt from the obligation to fulfil the quotas because of the nature of its broadcasts (news).

European works

The seven reported channels broadcast an average of 52.6% in 2009 and 52.3% in 2010, representing a 0.3 percentage point decrease over the reference period.

In 2009 and 2010, out of seven reported channels, four channels did not achieve the majority proportion of transmission time set out in Article 16 (LNT, TV5 RIGA, TV6 and Pirmais Baltijas Kanāls). The compliance rate[27] was 42.9%.

The reasons given for LNT's failure to comply with the majority proportion of European works are the drop in advertising revenue following the introduction of DTT in Latvia and the reduction of investments in home production. However, the channel is planning to improve the situation following an income growth.

Pirmais Baltijas Kanāls is oriented towards Russian speaking population in Latvia and the other Baltic countries and therefore broadcasts programmes produced in Russia. Nonetheless the channel is currently increasing the proportion of European works in its programming. Provisional data shows a proportion close to 50% for 2011.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 18.1% in 2009 and 16.3% in 2010, representing a 1.8 percentage point decrease over the reference period.

In 2009 and 2010, out of seven reported channels, only two channels (TV5 RIGA and Pirmais Baltijas Kanāls) did not achieve the minimum proportion set out in Article 17 of the Directive. The compliance rate was 71.4% during the reference period.

The average relative proportion of recent European works by independent producers for all channels reported was 70.9% in 2009 and 71.1% in 2010, representing a 0.2 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.14. Lithuania

European works

All 11 reported channels broadcast an average of 60.4% in 2009 and 57.4% in 2010 representing a 3.0 percentage point decrease during the reference period.

In 2009 and 2010, of the total of 11 reported channels, 7 channels achieved the majority proportion of transmission time specified in Article 16 of the Directive, while four channels (LNK, TV1, TV3, TV6) did not. The compliance rate[28] was 63.6%.

According to the national report, the non-complying channels put forward economic reasons to explain their failure to fulfil the proportion of European works: decrease in advertising revenue and high cost of European productions.  The Commission notes that in the previous reference period the same four channels already failed to achieve the quota set out in Article 16 and that they were considering entering into co-operation agreements to produce audiovisual works at lower cost. However the results registered in the reference period are overall lower than in the previous period and neither the regulatory authorities nor the channels seem to envisage any measure to remedy this situation. The Commission would therefore call upon the regulatory authorities to encourage the failing channels to increase their broadcast of European works.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 40.5% in 2009 and 41.8% in 2010, representing a 1.3 percentage point increase over the reference period, therefore maintaining a satisfactory level of broadcasting of independent European works.

Over the reference period, all 11 reported channels achieved the minimum proportion (10% threshold) under Article 17 of the Directive. The compliance rate was 100% for the entire reference period.

The average relative proportion of recent European works by independent producers for all channels reported was 38.0% in 2009 and 32.2% in 2010, representing a 5.8 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.15. Luxembourg

Of the total of 20 identified channels, five channels were exempt and two channels broadcasting in a non-EU language were not covered by Articles 16 and 17 of the AVMS Directive in 2009 and 2010. No data was communicated for one channel (Current TV) for the reference period.

European works

All reported channels broadcast an average of 65.1% in 2009 and 67.1% in 2010, representing a 2.0 percentage point increase over the reference period.

In 2009, out of 12 reported channels, nine achieved the majority proportion of transmission time specified in Article 16 of the Directive, while three channels did not (Club RTL, RTL 5 and RTL8). The compliance rate[29] was 69.2%.

For 2010, out of 12 reported channels, only one channel (RTL 8) did not achieve the majority proportion. The compliance rate was 84.6.3%.

The national report indicates that although RTL8 did not achieve the majority proportion of European works during the reference period, the 2010 figure represents a 20% increase over 2009.The channel which is relatively recent has confirmed its intention to pursue its efforts towards increasing the proportion of European works in its programming. RTL5 also improved its performance, reaching a 50% proportion of European works in 2010. The channel expressed its intention to strengthen the share of European works in its programming.

European works made by independent producers

The average proportion of European works by independent producers in all reported channels was 55.0% in 2009 and 57.2% in 2010, representing a 2.2 percentage point increase over the reference period.

For 2009 and 2010 all 12 reported channels achieved the minimum proportion set out in Article 17 of the Directive. The compliance rate was 92.3% in 2009 and 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 64.6% in 2009 and 68.4% in 2010, representing a 3.8 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.16. Hungary

Of the total of 39 identified channels, two channels were non-operational in 2010. Twelve channels were exempt over the reference period; eight of them were granted an individual exemption agreement from the obligation to fulfil the quotas (one for 2009, two for 2009 and 2010 and five for 2010) and four channels were exempt because of the nature of their broadcastings (sports and news). No data was communicated for four channels in 2009 and for one channel in 2010.

European works

All reported channels broadcast an average of 83.0% in 2009 and 81.0% in 2010 representing a 2 percentage point decrease over the reference period.

In 2009, out of 23 reported channels, 21 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while two channels did not (4-es csatorna and Viasat3 Hungary). The compliance rate[30] was 77.8%.

For 2010, out of 24 reported channels, 22 achieved the majority proportion specified in Article 16 of the Directive, while two channels did not (4-es csatorna and Ozone Network). The compliance rate was 88.0%.

The report indicates that the Hungarian media authority (until 5th September 2010 "ORTT" after this date "NMHH") granted partial exemptions to 8 channels in 2009 and 2010 regarding the achievement of the European works proportion. Reasons for exemptions were mainly related to the thematic nature of the channels and to the scarcity of European programmes suited to their profile.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 42.9% in 2009 and 42.5% in 2010, representing a 0.4 percentage point decrease over the reference period.

For 2009, out of 23 reported channels, only one channel (Viasat3 Hungary) did not achieve the minimum proportion set out in Article 17 of the Directive. In 2010, all 24 reported channels exceeded the 10% threshold. The compliance rate, in terms of number of channels, was 81.5% in 2009 and 96.0% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 74.2% in 2009 and 67.9% in 2010, representing a 6.3 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.17. Malta

Of the total of 27 identified channels 18 channels were exempt because of the nature of their broadcasts (sports and teleshopping) over the reference period.

European works

The nine reported channels broadcast an average of 60.9% in 2009 and 79.4% in 2010 representing an 18.5 percentage point increase over the reference period. The Commission welcomes this very positive development.

In 2009, out of nine reported channels, six achieved the majority proportion of transmission time specified in Article 16 of the Directive, while three channels did not (Melita More, Melita Movies and Smash TV). The compliance rate[31] was 66.7%.

For 2010, all nine reported channels achieved the majority proportion specified in Article 16, thus the compliance rate was 100.0%.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 49.3% in 2009 and 54.0% in 2010, representing a 4.7 percentage point increase over the reference period.

For 2009, out of nine reported channels, only one channel (Education 22) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, all nine reported channels exceeded the 10% threshold. The compliance rates were 88.9% in 2009 and 100% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 47.7% in 2009 and 51.9% in 2010, representing a 4.2 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.18.   The Netherlands

Of the total of 178 identified channels, one channel (Disney Channel) was non-operational in 2009. 136 channels were exempt over the reference period or not subject to Articles 16 and 17 of the Directive; 130 of them were exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 61 were exempted due to their nature (news, sports and teleshopping channels).

European works

All reported channels broadcast an average of 77.9% in 2009 and 76.5% in 2010 representing a 1.4 percentage point decrease during the reference period.

In 2009, out of 41 reported channels, 35 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while six channels (Nickelodeon, Nickelodeon Denmark, Nickelodeon Sweden, Nickelodeon Vlaanderen, Comedy Central and Jetix/Veronica (to 31-12-09) Disney XD/Veronica (from 1-1-10)) did not. The compliance rate[32] was 85.4%.

For 2010, out of 42 reported channels, 34 achieved the majority proportion specified in Article 16 of the Directive, while eight channels (MTV Denmark, MTV Vlaanderen, Nickelodeon, Nickelodeon Denmark, Nickelodeon Sweden, Nickelodeon Vlaanderen, Comedy Central and Disney XD/Veronica (previously Jetix/Veronica) did not. The compliance rate was 81.0%.

As was already the case for the previous reference period, the report points out that the non-complying channels are mainly children's channels. The production or commissioning of programmes in small countries with a limited language such as the Netherlands is expensive. In addition the supply of European children's programmes is relatively small and available programmes do not always fit in with the programming of the channels.  No reason was indicated for the failure to comply of Comedy Central. The national authority would require explanations. The national report also points out that by contrast with the period 2007-2008, MTV channels communicated all their data for the reference period.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 25.6% in 2009 and 22.4% in 2010, representing a -3.2 percentage point decrease over the reference period. The Commission notes a steady downward trend in the broadcast of independent work (from 40.2% in 2007 to 22.4% in 2010) and would recommend that the national Authorities encourage broadcasters to increase their transmission time of independent productions.

For 2009, out of 41 reported channels, 31 achieved the minimum proportion under Article 17 of the Directive, while ten channels (MTV Denmark, MTV Norway (Nordic), MTV Sweden, MTV The Netherlands, MTV Vlaanderen, The Music Factory (TMF), BVN, Omroep Zeeland, Omrop Fryslân and Comedy Central) did not. In 2010, out of 42 reported channels, again ten channels (MTV Denmark, MTV Norway (Nordic), MTV Sweden, MTV The Netherlands, MTV Vlaanderen, Nickelodeon, The Music Factory (TMF), BVN, Omroep Zeeland, Comedy Central) remained below the 10% threshold. The compliance rates were 75.6% in 2009 and 76.2% in 2010.

According to the national report, no reason was put forward for non-compliance with the 10% proportion of independent works. The national authority will ask the channels to provide explanations.

The average relative proportion of recent European works by independent producers for all channels reported was 77.0% in 2009 and 77.4% in 2010, representing a 0.4 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.19. Austria

Of the total of 57 identified channels, 45 channels were exempt over the reference period; 14 of them were exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 29 were exempt because of their nature (news, sports and teleshopping channels) or subject to a legal exception (local channels).

European works

All reported channels broadcast an average of 74.2% in 2009 and 76.1% in 2010 representing a 1.9 percentage point increase during the reference period.

In 2009, out of 12 reported channels, 10 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while two channels (ATV and ORFeins) did not. The compliance rate[33] was 83.3%.

For 2010, out of 12 reported channels, 10 achieved the majority proportion specified in Article 16 of the Directive, while the same two channels (ATV and ORFeins) did not. The compliance rate was 83.3%.

The national report points to the need for ATV to broadcast international movies and series in order to achieve good audience shares instead of European works which would have been more expensive in terms of licensing and co-production costs. However, the report also stresses the increase in the proportion of European works broadcast by ATV (from 27.7% in 2009 to 29.6% in 2010).No reason has been indicated for ORF eins' non compliance.

The Commission notes that these two channels were already below the European works majority proportion during the previous reference periods and would reiterate that one of the purposes of Article 16 of the Directive is to ensure equal competition between broadcasters falling within the jurisdiction of the Member State concerned. All television channels are therefore subject to the same obligation to comply with the required proportion of European works and enforcement measures should be adopted by the Regulatory Authorities.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 41.4% in 2009 and 38.7% in 2010, representing a 2.7 percentage point decrease over the reference period.

For 2009, out of 12 reported channels, ten achieved the minimum proportion under Article 17 of the Directive, while two channels (Pro Sieben Austria and SAT.1 Österreich) did not. In 2010, out of 12 reported channels, the same two channels (Pro Sieben Austria and SAT.1 Österreich) remained below the 10% threshold. The compliance rate was 83.3% during the reference period.

According to the national report, the figures registered by the two failing channels have to be put in perspective as they do not only correspond to the "Austrian window" but also refer to the programme as it is broadcast in Germany and Switzerland. The "Austrian window" mostly consists of news and weather reports.

The average relative proportion of recent European works by independent producers for all channels reported was 73.2% in 2009 and 73.8% in 2010, representing a 0.6 percentage point increase over the reference period and a 15.3 percentage point increase compared to 2007. The Commission welcomes this positive development.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.20. Poland

Out of the total of 73 identified channels, five channels were non-operational (Eska TV, nFilmHD, nFilmHD2, Polsat Film and Polsat HD) in 2009 and only one in 2010 (Patio TV). Over the reference period, 14 channels were exempt due to the nature of their programmes (news, sports and teleshopping). In 2010, no data was communicated for one channel (TELE 5).

European works

All reported channels broadcast an average of 78.4% in 2009 and in 2010.

In 2009, out of 54 reported channels, 7 channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[34] was 87.0%.

For 2010, out of 58 reported channels, 6 channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 87.9%.

The national report refers to the intervention of the Polish National Broadcasting Council in cases of failure to comply with the proportion of European works set out in the legislation[35]. In most cases the broadcasters undertook to increase the proportion of European works broadcast or even achieved the target in 2010. In one case, the Polish Authority had to impose financial penalties. One of the reasons for failure put forward by the specialised channels nFilm HD and nFilm HD2 was the shortage of suitable European feature films not covered by licensing agreements.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 31.0% in 2009 and 30.8% in 2010, representing a 0.2 percentage point decrease over the reference period.

For 2009, out of 54 reported channels, only one channel (Trwam) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 57 reported channels, again only one channel (TVN-CNBC Biznes) did not reach the 10% threshold, but this result only corresponds to the first quarter of the year, when data was reported. The broadcaster complied with the required proportion during the other quarters of the year. The compliance rates were 98.1% in 2009 and 96.6% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 74.0% in 2009 and 70.3% in 2010, representing a 3.7 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.21. Portugal

Of the total of 39 identified channels, two channels (Canal Panda and Hollywood) were non-operational in 2009. During the reference period, 15 channels were exempted from their reporting obligation on the basis of their very low audience share (below 0.3%), six of them having been recently launched. 11 channels were exempt from the obligation to fulfil the quotas because of the nature of their programming (news and sports) while another channel (RTP Memoria) was exempted from the obligation to comply with the independent works quota during the reference period.

European works

All reported channels broadcast an average of 66.8% in 2009 and 58.0% in 2010 representing a -8.8 percentage point decrease over the reference period.

In 2009, out of 11 reported channels, nine achieved the majority proportion of transmission time specified in Article 16 of the Directive, while two channels did not (SIC and SIC Mulher). The compliance rate[36]  was 81.8%.

For 2010, out of 13 reported channels, nine achieved the majority proportion specified in Article 16 of the Directive, while four channels did not (Canal Panda, Hollywood, SIC Mulher and SIC Radical). The compliance rate was 69.2%.

The national report highlights the fact that Canal Panda and Hollywood channels started broadcasting in November 2009, which may explain the very low figures achieved in 2010. It is expected that SIC Mulher, Canal Panda and Hollywood will progressively reach the 50% threshold. The Commission recommends that the Portuguese Regulatory Authority actively encourage these channels to increase the transmission of European works.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 34.7% in 2009 and 30.2% in 2010, representing a 4.5 percentage point decrease over the reference period.

For 2009, all 11 reported channels achieved the minimum proportion set out in Article 17 of the Directive. In 2010, out of the 13 reported channels, two channels (Canal Panda and Hollywood, both launched at the end of 2009) did not reach the 10% threshold. The compliance rates were 100.0% in 2009 and 84.6% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 92.6% in 2009 and 86.7% in 2010, representing a 5.9 percentage point decrease over the reference period.

The Commission encourages the Portuguese regulatory Authority to incite the channels falling under its jurisdiction to increase the transmission of independent/recent works in order to reverse the downward trend registered over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.22. Romania

Of the total of 82 identified channels, two channels (Transilvania Channel and eMaramures) were non-operational in 2009 and another two (TvRM Cultural and Pratech TV) were non operational in 2010. 24 channels were exempt or excluded over the reference period: one (Bucuresti 1 TV) was exempt from the obligation to report on the basis of their very low audience (below 0.3%) and 23 were exempt because of the nature of their programming (news, sports, games and teleshopping), were granted an individual exemption or were excluded due to a legal exception (local channels). In 2009, no data was communicated for 16 channels concerning European works and for 18 channels regarding independent productions (including recent works). In 2010, no data was communicated for 18 channels concerning European works and for 20 channels regarding independent productions (including recent works).

European works

All reported channels broadcast an average of 70.7% in 2009 and 67.9% in 2010 representing a 2.8 percentage point decrease during the reference period.

In 2009, out of 40 reported channels, 32 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while seven channels (Pro Cinema, Action Star, CineStar, ComedyStar, Romantica, DDTV Direct Digital TV and Music Mix) did not. The compliance rate[37] was 58.9%.

For 2010, out of 38 reported channels, 28 achieved the majority proportion specified in Article 16 of the Directive, while ten channels (Euforia Lifestyle TV (Antena 4), U TV (Romania), Action Star, CineStar, ComedyStar, Credo TV, Romantica, DDTV Direct Digital TV, Music Mix and TVR1) did not. The compliance rate was 50%.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 34.1% in 2009 and 34.6% in 2010, representing a 0.5 percentage point increase over the reference period.

For 2009, out of 38 reported channels, 34 achieved the minimum proportion under Article 17 of the Directive, while four channels (Analog TV, Antena 2, Speranta TV and TVR3) did not. In 2010, out of 36 reported channels, three channels (Antena 2, Speranta TV and TVR3) remained below the 10% threshold. The compliance rates were 60.7% in 2009 and 58.9% in 2010.

The report does not provide concrete reasons for non-compliance with the obligations set out in Articles 16 and 17 except the very small size of some channels or their very specific programming (case of Trinitas TV, a religious channel). However the national authority indicates that it encourages those small channels to comply with the proportion of European and independent works.

The authority will initiate sanctioning proceedings against those broadcasters which did not supply their data (summons followed by a fine if the broadcaster does not comply with its reporting obligation).

The average relative proportion of recent European works by independent producers for all channels reported was 50.9% in 2009 and 56.5% in 2010, representing a 5.6 percentage point increase over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.23. Slovenia

Out of the total of 49 identified channels, one channel (POP BRIO) was non-operational in 2009 and another one (TV PIKA) in 2010. During the reference period, 35 channels were exempt or excluded due to a legal exception: eight of them were exempt from the obligation to report on the basis of their very low audience (below 0.3%), five were exempt because of the nature of their programming (sports, news and advertising) and 22 were excluded (local channels). In 2009 and 2010, no data at all was communicated for three channels (Kanal A, POP TV, TV PIKA in 2009 and Kanal A, POP TV and POP BRIO in 2010).

European works

All reported channels broadcast an average of 46.6% in 2009 and 47.4% in 2010 representing a 0.8 percentage point increase over the reference period.

In 2009 and 2010, out of 10 reported channels, four channels did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[38] was 46.2%.

According to the national report both NET TV and VAŠ KANAL put forward economic problems to explain their failure to reach the quota of European works. In both cases the Slovenian supervisory Authority decided not to take any measures against the channels. A written warning was sent to TV3.

Although the required proportion of European works was not achieved in Slovenia during the reference period, the reported data indicate a sustained upward trend as from 2007. The Commission therefore encourages the Slovenian supervisory Authority to invite all broadcasters falling within its jurisdiction to pursue their efforts towards increasing the proportion of European works in their programming in order to achieve the required quota.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 14.5% in 2009 and 18.3% in 2010, representing a 3.8 percentage point increase over the reference period.

In 2009 and 2010 all 10 reported channels exceeded the 10% proportion of independent works. The compliance rates were 69.2% in 2009 and 76.9% in 2010.

The average relative proportion of recent European works by independent producers for all channels reported was 70.5% in 2009 and 64.5% in 2010, representing a 6 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.24. Slovakia

Out of the total of 34 identified channels, three channels (3V, TV HRONKA and TV Nitricka) were non-operational in 2009. Eight channels were exempt due to the nature of their programming (sports) and one channel (TV ORAVIA) was exempt from the obligation to fulfil the 10% proportion of independent works in 2009. In 2010, 8 channels were exempt from the obligation to fulfil the quotas due to the nature of their programming (sports) and two channels (3V and TV ORAVIA) were exempt from the obligation to fulfil the proportion of independent works. As regards recent European works no data at all was communicated for 22 channels in 2009 and for 24 channels in 2010.

European works

All reported channels broadcast an average of 71.7% in 2009 and 68.2% in 2010 representing a 3.5 percentage point decrease over the reference period.

In 2009, out of 23 reported channels, 3 channels (MUSIQ 1, TOP REGION and TV Patriot) did not achieve the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[39] was 87.0%.

In 2010, out of 26 reported channels, 5 channels (Krupinska televizia, MUSIQ 1, TOP REGION, TV HRONKA and TV Patriot) did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was 80.8%.

The national report does not provide any explanation for the failure to comply with the proportions set out in Articles 16 and 17. However, it indicates that the Slovakian supervisory Authority warned the failing broadcasters that in case of continued breaches of their obligations sanctions would be imposed.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 29.0% in 2009 and 27.6% in 2010, representing a 1.4 percentage point decrease over the reference period.

In 2009, out of 22 reported channels, five channels (CE TV, Central TV, RTV, TOP REGION and TV Patriot) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, out of 24 reported channels, six channels (CE TV, Central TV, RTV, TOP REGION, TV HRONKA and TV Patriot) did not reach the 10% threshold. The compliance rates were 93.3% in 2009 and 75.0% in 2010.

As regards recent European works by independent producers, no data were communicated at all. The Commission recalls that, although Article 17 of the Directive does not set out a concrete proportion of recent works to be achieved, it imposes an obligation to earmark 'an adequate proportion of recent works' which applies to all channels and must be reported on.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.25. Finland

Of the total of 18 identified channels, two sports channels (4Pro1 and 4Pro2) were exempt. Suomi TV was launched in December 2009.

European works

All reported channels broadcast an average of 57.2% in 2009 and 56.6% in 2010 representing a 0.6 percentage point decrease during the reference period.

In 2009, out of 15 reported channels, 10 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while five channels (MTV3 AVA, JIM, KinoTV, Nelonen and LIV) did not. The compliance rate[40] was 66.7%.

For 2010, out of 16 reported channels, 9 achieved the majority proportion specified in Article 16 of the Directive, while seven channels (MTV3 AVA, MTV3 MAX, JIM, KinoTV, LIV, Sub, Suomi TV) did not. The compliance rate was 56.3%.

The report does not provide any reason for the failure to fulfil the proportion of European works set out in Article 16. In this respect the Commission would like to remind that Article 16 (3) states that Member States' report will provide the reasons for failure to achieve the required proportions for each channel.

The Finnish supervisory Authority Ficora reminded all the failing channels of the obligations contained in Articles 16 and 17 of the Act of television and Radio Operations and obliged them to increase the proportion of European and independent works.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 31.4% in 2009 and 31.2% in 2010, representing a 0.2 percentage point decrease over the reference period.

For 2009, out of 15 reported channels, only one (KinoTV) did not achieve the minimum proportion under Article 17 of the Directive. In 2010, all 16 reported channels achieved the 10% threshold. The compliance rates were 93.3% in 2009 and 100% in 2010.

The national report does not provide any reason for failure to fulfil the proportion of European and independent works set out in the AVMS Directive. The Finnish supervisory Authority Ficora reminded all the failing channels of the obligations contained in Articles 16 and 17 of the Act on Television and Radio Operations and obliged them to increase the proportion of European and independent works

The average relative proportion of recent European works by independent producers for all channels reported was 83.7% in 2009 and 83.5% in 2010, representing a 0.2 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.26. Sweden

Of the total of 62 identified channels, one channel (Canal+ 69) was non-operational in 2010. 18 channels were exempt over the reference period due to the nature of their programmes (sports) or excluded due to legal exceptions (local channels and channels broadcasting entirely in a language other than those of the Member States).

European works

All reported channels broadcast an average of 57.9% in 2009 and 59.2% in 2010 representing a 1.3 percentage point increase during the reference period.

In 2009, out of 44 reported channels, 26 achieved the majority proportion of transmission time specified in Article 16 of the Directive, while 18 channels did not. The compliance rate[41] was 59.1%.

For 2010, out of 43 reported channels, 26 achieved the majority proportion specified in Article 16 of the Directive, while 17 channels did not. The compliance rate was 60.5%.

The national report points out a clear improvement in respect of European works compared to the results reported during the previous reference period. The Commission welcomes this positive development and would like to encourage Sweden to pursue its efforts towards a continued upward trend in the transmission of European works.

The various Canal+ channels which are below the 50% threshold show very low audience shares (below 0.3%). Although their content is generally dominated by US productions (in particular Canal+ First, Canal+ Hits, Canal+ Series) the proportion of European works is increasing, except in the case of Canal+ Films because contracts with Spanish and French producers were not renewed.

According to the report, for the channels belonging to TV4 AB Nordic, German and British content perform well and the channels intend to achieve the proportions set out in the Directive. In particular new agreements entered into by TV4 Film, TV4 Guld and TV4 Komedi should enable to increase the broadcasting of European works.

The two channels belonging to Nonstop Television AB are respectively focused on action and science fiction and entertainment news. The output of such content is limited in the EU.  

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 38.5% in 2009 and 39.3% in 2010, representing a 0.8 percentage point increase over the reference period.

For 2009, out of 44 reported channels, 42 achieved the minimum proportion under Article 17 of the Directive, while two channels (Star! and SVT24) did not. In 2010, out of 43 reported channels, two channels (Showtime and Star!) remained below the 10% threshold. The compliance rates were 95.5% in 2009 and 95.3% in 2010.

No reasons were given to explain the failure to fulfil the 10% proportion of independent works by these channels.

The average relative proportion of recent European works by independent producers for all channels reported was 51.7% in 2009 and 51.1% in 2010, representing a 0.6 percentage point decrease over the reference period.

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

2.27. United Kingdom

Of the total of 675 identified channels, during the reference period, 117 channels were non-operational in 2009 and 65 in 2010. A total of 85 channels were exempt for the whole period: 27 from the obligation to comply with the quotas due to the nature of their programming (sports, teletex and teleshopping, 39 were granted an individual exemption and the rest were not covered by Articles 16 and 17 (due to broadcasting in a non-EU language). In addition, three channels were exempt in 2009 only and two in 2010 only. In 2009, 22 channels did not communicate any data at all and one did not communicate its data regarding recent works. In 2010, 55 channels did not communicate any data at all.

The number of non-communicated data increased with respect to the previous reporting period.

European works

All reported channels broadcast an average of 48.1% in 2009 and 47.4% in 2010 representing a -0.7 percentage point decrease over the reference period.

In 2009 out of 448 reported channels 239 did not achieve the proportion of European works set out in Article 16. The compliance rate[42] was 44.5%.

In 2010 out of 468 reported channels, 252 did not reach the majority proportion of European works. The compliance rate was 41.3%.

As was the case in the previous reference period, the UK report indicates a variety of constraints to explain failures to reach the required proportion of European works: the specific programming and the recent nature of some channels; the difficulty in finding European programmes and at competitive prices; the fact that some channels are subsidiaries of companies based in non-EU countries and broadcast programmes mainly from their stocks. The Commission reiterates that the proportion of European works set out in Article 16 (1) of the Directive applies to all channels of broadcasters falling under the jurisdiction of a Member State and covered by Articles 16 and 17, in particular in view of ensuring equal competition conditions.

Some channels (in particular ANIMAX, Jimjam and FILMBOX channels) have also indicated their intention to increase the volume of European works in their programming. The Commission welcomes this positive element. At the same time it invites the British regulatory authority to encourage the failing broadcasters falling within its jurisdiction to increase the broadcasting time devoted to European works.

European works made by independent producers

The average proportion of European works by independent producers on all reported channels was 28.5% in 2009 and 27.5% in 2010 representing a 1 percentage point decrease over the reference period.

In 2009, out of 448 reported channels, 169 did not reach the proportion of independent works set out in Article 17. The compliance rate was 59.4%.

In 2010, out of 468 reported channels, 185 did not reach the 10% proportion of independent works. The compliance rate was 54.1%.

The average relative proportion of recent European works by independent producers for all reported channels was 66.6% in 2009 and 65.8% in 2010, representing a 0.8 percentage point decrease over the reference period.

The national report indicates similar reasons for failure to reach the minimum proportion of independent works: recent nature of channels, difficulty in finding cost competitive European independent productions and specificity of the programmes broadcast (such as live broadcasts). The Commission would like to recall the remarks made above in respect of Article 16(1).

The evolution of the averages achieved over the period 2007-2010 for European works, independent productions and recent works is reproduced in the chart below:

3. APPLICATION OF ARTICLES 16 AND 17:  SUMMARY OF THE REPORTS FROM THE MEMBER STATES

Key abbreviations:

EW European works[43] in relation to TQT (see Article 16 of the Directive)

IP European works made by independent producers in relation to TQT (see Article 17 of the Directive)

RW Recent European works by independent producers in relation to IP (see Article 17 of the Directive)

TQT Total qualifying transmission time (excluding news, sport events, games, advertising, teletext services and teleshopping)

NC Channels for which no data was communicated

NO Channels non-operational during the year concerned

EX Channels exceptionally exempt or exempt under the 'where practicable' provision (following specific reasons given by the Member States)

Disclaimer

This part contains statements by the Member States which do not necessarily represent the Commission's opinion.

3.1. Belgium

The Commission received two reports, one from the Flemish Community (BE-FL – VlaamseGemeenschap) and one from the French Community of Belgium (BE-FR – Communauté française de Belgique). Some information concerning the Public Service Broadcaster falling under the jurisdiction of the German Community of Belgium was also provided.

3.1.1. Belgium Flemish Community

PART 1 - Statistical data

Number of channels identified: || 53 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 11 || Quota: || 11 || Reporting: || 0

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

ACTUA - TV || Actua TV || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0%

BELGIAN BUSINESS TELEVISION || Kanaal Z || 100.0% || 100.0% || 36.0% || 41.0% || 100.0% || 100.0%

Bites Europe NV || Acht || 54.4% || 61.3% || 36.4% || 42.5% || 91.6% || 67.2%

EURO 1080 || Exqi / Exqi VL. || NC || NC || NC || NC || NC || NC

EURO 1080 || Exqi Culture || NC || 98.0% || NC || 32.0% || NC || 100.0%

EURO 1080 || Exqi Sport || NC || 100.0% || NC || 64.0% || NC || 100.0%

EVENT TV VLAANDEREN || Liberty TV Vlaanderen || NC || NC || 14.2% || 6.6% || NC || NC

LIFE ! TV BROADCASTING COMPANY NV || Life! TV || 100.0% || 100.0% || 66.7% || 66.7% || 100.0% || 100.0%

MEDIA AD INFINITUM || Vitaliteit || 82.0% || 71.0% || 94.0% || 94.0% || 100.0% || 100.0%

MEDIA AD INFINITUM || Vitaya || 55.0% || 51.0% || 89.0% || 92.0% || 97.0% || 93.0%

Ment Media BVBA || MENTtv || 95.0% || 95.0% || 100.0% || 70.0% || 95.0% || 85.0%

MTV NETWORKS BELGIUM || TMF Live HD || 58.0% || 53.0% || 38.0% || 40.0% || 100.0% || 85.0%

MTV NETWORKS BELGIUM || TMF Vlaanderen || 51.0% || 53.0% || 39.0% || 40.0% || 86.0% || 85.0%

SBS BELGIUM || VijfTV || 19.9% || 22.0% || 89.7% || 98.9% || 78.4% || 30.2%

SBS BELGIUM || VT4 || 29.1% || 26.6% || 89.5% || 95.4% || 88.6% || 45.1%

SKYNET IMOTION ACTIVITIES || 11 (version in Flemish) || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0%

SKYNET IMOTION ACTIVITIES || 11 TV PPV (version in Flemish) || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0%

Studio 100 || Studio 100 TV || NC || NC || NC || NC || NC || NC

TELENET || Gay Passion || NC || NC || NC || NC || NC || NC

TELENET || Prime Action || 21.0% || 20.5% || 95.5% || 95.5% || 99.0% || 99.0%

TELENET || Prime Action +1 || 21.0% || 20.5% || 95.5% || 95.5% || 99.0% || 99.0%

TELENET || Prime Family || 26.0% || 25.5% || 95.5% || 95.5% || 99.0% || 99.0%

TELENET || Prime Fezztival || 37.0% || 39.0% || 95.5% || 95.5% || 99.0% || 99.0%

TELENET || Prime One / Star HD || 29.0% || 29.5% || 95.5% || 95.0% || NC || NC

TELENET || Prime Series || 35.0% || 35.0% || 94.0% || 95.0% || 99.0% || 99.0%

TELENET || Prime Sport || 95.0% || 95.5% || 89.0% || 90.0% || 100.0% || 100.0%

TELENET || Prime Sport 2 || 95.0% || 95.0% || 99.0% || 99.0% || 100.0% || 100.0%

TELENET || Prime Sport HD || NC || NC || 89.0% || 90.0% || NC || NC

TELENET || Prime Star || 29.0% || 29.5% || 95.5% || 95.0% || 99.0% || 99.0%

TELENET || Prime Star +1 || 29.0% || 29.5% || 95.5% || 95.0% || 99.0% || 99.0%

TELENET || X Passion || NC || NC || NC || NC || NC || NC

T-VGAS NV || Gunk TV || 66.0% || NC || 14.0% || NC || 100.0% || NC

Via Plaza NV || Onze TV || 36.0% || 57.0% || 34.0% || 54.0% || 100.0% || 100.0%

VLAAMSE MEDIA MAATSCHAPPIJ || 2BE || 39.8% || 50.6% || 94.7% || 91.7% || 94.9% || 94.0%

VLAAMSE MEDIA MAATSCHAPPIJ || Jim TV || 89.3% || 89.9% || 6.8% || 5.1% || 96.6% || 98.0%

VLAAMSE MEDIA MAATSCHAPPIJ || VTM || 74.2% || 67.6% || 62.4% || 57.7% || 77.2% || 76.3%

VLAAMSE MEDIA MAATSCHAPPIJ || vtmKzoom || NO || 91.4% || NO || 96.1% || NO || 59.6%

VLAMEX || Stories TV || 100.0% || 80.0% || 20.0% || 65.0% || 100.0% || 70.0%

VRT - DE VLAAMSE RADIO- EN TELEVISIEOMROEP || Canvas || 88.0% || 85.0% || 9.0% || 4.0% || 70.0% || 100.0%

VRT - DE VLAAMSE RADIO- EN TELEVISIEOMROEP || Één (VRT) || 88.0% || 88.0% || 25.0% || 25.0% || 91.0% || 98.0%

VRT - DE VLAAMSE RADIO- EN TELEVISIEOMROEP || Ketnet || 69.0% || 73.0% || 28.0% || 27.0% || 48.0% || 66.0%

VRT - DE VLAAMSE RADIO- EN TELEVISIEOMROEP || Ketnet+ / Canvas+ || NC || NC || NC || NC || NC || NC

|| || || || || || ||

Covered Channels (IND 1) || 41 || 42 || 41 || 42 || - || -

Compliance rate (IND 3 and 5) || 48.8% || 57.1% || 78.0% || 78.6% || - || -

Average % (IND 2, 4, and 6) || 62.9% || 65.7% || 68.4% || 70.8% || 93.8% || 89.3%

PART 2 – Comments

Monitoring method

Data collecting by the Vlaamse Regulator voor de Media (Flemish Regulator for the Media).

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

VMMa (Vlaamse Media Maatschappij):

In 2009 the broadcasting channel 2BE did not achieve the 50% proportion of European productions (39,8%). The percentage of independent productions has stabilised compared with the previous report.

If the three broadcasting channels of the VMMa (VTM, 2BE and vtmKzoom) are considered together, the conclusion is that the requirements of article 16 have been achieved in 2009.

In 2010 2BE achieved the 50% proportion of European productions (50,6%).

SBS Belgium:

The broadcasting channel VT4did not achieve the 50% proportion of European productions (29,1% in 2009 and 26,6% in 2010).

The majority of VT4 programming in prime time are local productions. These productions are very expensive for the broadcaster, given that they target a small market with fragmented advertising spending. More than 50% of the budget was spent on European productions, so this broadcasting channel, SBS, can indeed be said to be making genuine efforts to show European and independent productions.

The broadcasting channel VijfTV did not achieve the required proportion either. Mainly bought-in programmes were broadcast. In 2010 a share of 22% was achieved. Moreover, an average 4 hours per day are devoted to phone-in games. This time is not included in the statistics, however. These programmes are produced by a Dutch production company and therefore should, in the view of the Flemish authorities, be regarded as European productions.

2. A minimum proportion of European works by independent producers (Article 17):

Here the only comment to be made concerns the public broadcaster VRT for 2009 and 2010, and more specifically Canvas.

VRT’s second broadcasting channel is divided between Ketnet (for children and young people) and Canvas (information, culture, education).

Canvas’s broadcasts did not achieve the target set in article 17 (9% in 2009 and 4% in 2010). If both Ketnet and Canvas are considered as a whole, however, the target would have been met easily (18,5% in 2009 and 15,5% in 2010).

B) Measures taken by or envisaged by the Member State

The Flemish authorities do not envisage taking any measures.

C) Further comments

The Flemish media landscape comprises a public broadcaster and private broadcasters. The number of private broadcasters has significantly increased. The regional broadcasters do not fall within the scope of Article 16 and 17.

A number of channels which could not supply their data for the period 2009-2010 because they ceased operations in the meantime have been removed from the table (Kinepolis TV1, Kinepolis TV2, Euro 1080, HD NL, HD1, HD2, Kust Televisie, Move-on (Flemish version), Move-X TV (Flemish version) and Carrousel).

BELGIUM

3.1.2 Belgium French Community

PART 1 - Statistical data

|| || || || || || || ||

Number of channels identified: || 21 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 5 || Quota: || 5 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

BELGIUM TELEVISION || AB3 || 59.4% || 53.1% || 27.2% || 27.4% || 31.2% || 46.4% ||

BELGIUM TELEVISION || AB4 || 71.7% || 68.8% || 42.0% || 49.4% || 8.5% || 18.6% ||

BETV || Be 1 || 56.8% || 51.2% || 39.6% || 36.5% || 99.0% || 98.1% ||

BETV || Be 1 + 1 || 56.8% || 51.2% || 39.6% || 36.5% || 99.0% || 98.1% ||

BETV || Be à la séance || 61.3% || 65.5% || 61.3% || 65.5% || 99.6% || 99.4% ||

BETV || Be Ciné || 57.2% || 48.7% || 53.9% || 48.5% || 96.5% || 95.5% ||

BETV || Be Séries || 54.2% || 55.4% || 37.2% || 43.1% || 98.9% || 97.2% ||

BETV || Be Sport 1 || 100.0% || 95.4% || 13.7% || 5.1% || 100.0% || 100.0% ||

BETV || Be Sport 2 || 100.0% || 100.0% || 26.4% || 28.5% || 100.0% || 100.0% ||

LIBERTY TV EUROPE || Liberty TV || 99.4% || 89.3% || 67.4% || 46.9% || 48.3% || 30.5% ||

MCM BELGIQUE || MCM Belgique || 52.1% || NO || 20.4% || NO || 87.2% || NO ||

MTV NETWORKS WALLONIA || Nickelodeon - MTV Wallonia || 25.8% || 31.1% || 14.8% || 29.6% || 99.5% || 97.7% ||

RTBF || La Deux (RTBF2) || 81.1% || 78.9% || 49.9% || 40.1% || 73.0% || 65.4% ||

RTBF || La Trois (RTBF3) || NO || 89.0% || NO || 47.4% || NO || 54.8% ||

RTBF || La Une (RTBF1) || 85.6% || 80.8% || 46.3% || 32.9% || 66.5% || 72.4% ||

SKYNET IMOTION ACTIVITIES || 11 || 100.0% || 100.0% || EX || EX || EX || EX ||

|| || || || || || || ||

Covered Channels (IND 1) || 15 || 15 || 14 || 14 || - || - ||

Compliance rate (IND 3 and 5) || 93.3% || 86.7% || 100.0% || 92.9% || - || - ||

Average % (IND 2, 4, and 6) || 70.8% || 70.6% || 38.5% || 38.4% || 79.1% || 76.7% ||

|| || || || || || || ||

PART 2 – Comments

Monitoring method

In the Belgian French Community, the Audiovisual Council (CSA) monitors compliance with the various European quotas based on the following factors: an annual declaration made by broadcasters; submission of a  sample of one week of programmes per quarter, which is defined subsequently by the regulatory body, using an electronic chart and dated and categorised data; an audit of calculation methods; checking the data against the published programme schedules and against a sample of programmes stored on a monitoring system; lastly, in cases of non-compliance, an investigation procedure, hearing and a decision taken by the independent authority accompanied, if necessary, by a penalty. The CSA may also impose penalties if stations fail to submit the appropriate data. The audit reports and any decisions taken by the CSA in the event of non-compliance are published, specifically on its website: www.csa.be

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Article 16):

MTV – Nickelodéon-MTV Wallonia – 2009 (25.8%)

The station stated that it had had 'great difficulty collecting all the data (particularly clip details) for the requested samples', and that it has therefore completely excluded the programmes for which no data were available.

Specifically concerning programming for Nickelodéon, the station judged that it was very difficult to reach the quota 'because the popularity of MTV NETWORKS WALLONIA is based on the specific nature of its programmes, taken from the catalogue of its parent company, the VIACOM group. Its economic model also relies on giving priority to the use of this catalogue'. In the station's opinion, 'MTV NETWORKS WALLONIA cannot question the very nature of its schedule in order to avoid a potential penalty'. The station has requested 'special dispensation, adjusted to take the nature, the above specificities and the impact of the service into consideration, which would allow MTV NETWORKS WALLONIA to develop its activity in the Belgian French Community while guaranteeing better promotion of European and independent audiovisual productions'.

The station believes that Nickelodéon's programming is 'by nature' not European, but completely international. Insofar as Article 44(3) does not refer to specific criteria, the station feels justified in applying this article's provision for derogation from quotas of European works, for linear television services which 'by nature intend to offer exclusively or mainly non-European works'.  Regarding MTV music programming, the station pointed out that it is 'not dependent on the VIACOM catalogue. Therefore, in order to meet European quotas, almost all (90%!) of the music works are European works. In this way, we hope to demonstrate our willingness to meet the quotas. The contribution of MTV NETWORKS WALLONIA to independent productions by the French Community of Belgium will also contribute to this promotion'.

Finally, the station stated that it had put, and was putting, mechanisms into place to compensate for the lack of European works:  investing in Belgian independent productions, launching production by the MTV-Nickelodéon Wallonia channel itself, programming French Community musical works that could have a positive effect on the total number of European works.  

MTV – Nickelodéon-MTV Wallonia – 2010 (31.1%)

The service reiterated an argument similar to that of 2009. It drew the Board's attention to progress made in 2010 in comparison to the previous year: 'please note that the proportion of European works has increased significantly in comparison to the previous year (30.93% compared to 25.81% in 2009) and we are still making efforts to reach the quota.' In particular, these efforts consist of 'broadcasting works, since 2009, by independent producers from the French Community of Belgium which MTV has invested in'.

BeTV – Be ciné – 2010 (48.7%)

The station declared that the examined sample was 'particularly unfavourable' and claimed to have met the majority quota obligation over the whole of 2010, putting forward a figure of 51.23%.

2. A minimum proportion of European works by independent producers (Article 17):

BTV – AB3 – 2009 (8.5%) /AB4 – 2009 (3.6%)

Regarding the broadcasting of recent independent European works for AB3 and AB4, the station stated that 'AB3 almost reached the 10% quota in 2009 for the broadcasting of European works by independent producers within five years of their production, but cannot surpass it. However, once the new schedule was put in place in September 2009, special attention was given to the choice of programmes to be transmitted in order to come closer to reaching this quota. In this way, in the last four months of the year, AB3 met the 10% set down in Article 44 of the Audiovisual Media Services Decree'.

It added that 'as at 31 May 2010, the average broadcasting time of recent independent European works on AB3 is over 10%' while 'the average broadcasting time on AB3 of recent independent European works since September 2009 comes to 11.2%'.

Concerning the specific situation of AB4, 'because the channel has only recently started sharing with AB SHOPPING', the station stated that it is 'not yet possible to judge to exactly what degree this obligation has been met over the first months of 2010', but it will notify the Board accordingly 'as soon as possible'.

In the station's opinion 'AB4 is a fiction channel with a very small audience (+/- 1%), generating a low, and insufficient, turnover. Because of its editorial position ("the cult series channel"), it has intrinsic difficulties in meeting the obligation (…) particularly since there are so few fiction producers independent of all broadcasting services'. It deduced from this that 'programmes that could meet the definition of the quota and comply with AB4's editorial policy are rare, and therefore expensive. Due to its low income, it is very difficult for AB4 to buy these programmes'. It concluded that 'nevertheless, BTV will do its best to improve its compliance with this obligation'.

The station also announced an in-depth review of the identity and programming of AB4, as a follow-up to the review of AB3 carried out in recent months. It stressed, however, that its editorial position is not due to change fundamentally, which will make it difficult for AB4 to meet this obligation if considered in isolation.

BTV - AB4 – 2010 (9.2%)

The station has stated that 'the editorial position of AB4, which is devoted to broadcasting old series and cult films, is incompatible with the quota's recency criterion. However, BTV pays special attention to meeting its obligations and has therefore invested in recent high-quality European series such as "Los Serrano" and "SOKO Leipzig". The obligation was almost met in 2010, since 9.7% of AB4's broadcast over the sample period consisted of recent independent European works, compared to 3.55% in 2009. Finally, the CSA has, in the past, assessed this quota as an average over the totality of a station's broadcasting services. For 2010, the BTV quota then reaches 11.5%'.

BeTV – Be sport 1 – 2010 (5.1%)

The station stressed how limited the eligible time was (35 hours out of a total of 672), based on the following calculations: 'what conclusion can be drawn from the analysis of 5% of the broadcasting time of a channel 95% devoted to sports events, apart from the special nature of this channel? (…) of which the attraction for our subscribers is based on sports events.' BeTV S.A. also identified 'the difficulty of acquiring European works from independent producers in the area of sports, since in order to broadcast any "sports" work,  sports rights must first be obtained. These sports rights are not easily accessible to independent producers (…) Independent production in the area of sports is therefore very limited and BeTV only receives very few offers'. In terms of the law, the station wished to share its interpretation of Article 44 of the decree with the Board: 'Article 4 of the European Directive on the pursuit of television broadcasting activities provides that the obligation to meet a broadcasting quota applies to the sum of linear services provided by a particular station. The decree is in keeping with a broadcasting obligation level based on the average over all of a station's services. Enforcement of this obligation therefore applies to the sum of services provided by BeTV and not to one service in particular. It is true that the decree stipulates in Article 40 that information on broadcasting quotas must be provided by the station, service by service, to the Authorisation and Supervisory Board. To summarise, it appears that information on broadcasting time is provided service by service but the CSA's inspection of a station must be carried out in terms of the totality of its services. This is our interpretation of Article 44 of the decree'.

BeTV S.A. concluded by stressing that it is 'very attentive to the promotion of European works and independent European works, as shown by the analysis of BeTV services in the 2010 annual report, and that it is committed to continuing in this vein, in compliance with the decree'.

Recent works

BeTV – Be sport 1 – 2010 (5.1%)

See above

B) Measures taken or envisaged by the Member State

Majority proportion of European works (Article 16):

MTV – Nickelodéon-MTV Wallonia – 2009 (25.8%)

The Authorisation and Supervisory Board notified the service of its failure to meet the quota for a majority of European works. At the end of the litigation proceedings, it adopted the following decision:

'The station has testified to being in the special situation of starting up an activity specific to the French Community, and to the difficulties of promoting European works, because of its programming being so reliant on the parent company's catalogue.

The Board has considered the importance of a French Community-based thematic service for children, programming a significant number of animation productions, and the contribution that it could bring to the influence of the animation sector in the French Community. It agrees to take into consideration the efforts announced by the station to acquire autonomy over the decisions regarding production and programming, as this will also contribute to meeting the objective for the promotion of European works.

(…)

After deliberation, the Authorisation and Supervisory Board has issued MTV Networks Wallonia SPRL with a warning.

MTV – Nickelodéon-MTV Wallonia – 2010 (31.1%)

The Authorisation and Supervisory Board identified, as was the case for the previous year, a failure to comply with legal requirements, while noting the nearly 3% increase in the proportion of European works compared to 2009, thereby reaching 31.11%. Taking the station's efforts into consideration, the Board has taken careful note of the steps the station intends to take in order to improve the situation from year to year. Consequently, the Authorisation and Supervisory Board has suspended their notification of non-compliance to MTV Networks Belgium S.A. on condition that their efforts result in improvement of their quota performance at each inspection until they comply with the Coordinated Decree on Audiovisual Media Services.

BeTV – Be ciné – 2010 (48.7%)

The Board judged that quotas were met over the totality of the station's services, which reached a level of 62.46%.

Minimum proportion of European works by independent producers (Article 17):

BTV – AB3 – 2009 (8.5%)/AB4 – 2009 (3.6%)

The Board has noted the station's statements according to which the proportion of independent European works has increased since September 2009, owing to a qualitative change of the programming schedule and a new strategic position associated with the reinforcement of its capital by a key stakeholder in the audiovisual sector.

In view of the previous performance of the station, which has been issued successively with a warning and fines of EUR 20 000 and EUR 40 000 at the end of the past three years, the Authorisation and Supervisory Board ordered BTV S.A. to pay an administrative fine of eighty thousand euros (EUR 80 000).

However, the Board considered the most recent data presented by the station, demonstrating significant efforts to ensure that the programming of AB3 complied with the obligation over the period of one year from September 2009. It also noted the station's explicit intention to conform to the Decree through the reorganisation of its television schedule, with drive and ambition supported by the reinforcement of its capital by a key stakeholder on the audiovisual scene. Consequently, the College suspended the implementation of this order until 15 September 2011, pending:

• a concrete interim evaluation of this progress at the time of the annual inspection for 2010;

• an evaluation of the first semester of 2011, including the programming initiatives taken in planning the schedule for the 2011-2012 season;

• any other relevant, concrete and verifiable information allowing the Board to judge that the aim of associating the independent European production sector with the reorganisation of the BTV station in the French Community of Belgium was indeed being carried out in the legal proportions;

In its final decision on 20 October 2011, the Board noted the station's continued and lasting efforts, achieving an average of 10.65% broadcasting of recent independent European works over the two services for the first semester of 2011. The fine was therefore not imposed.

BTV - AB4 – 2010 (9.2%)

The average proportion of recent independent European works broadcast over the two BTV services was 11.43% for 2010. The Board noted that overall the service had complied with the obligation.

BeTV – Be sport 1 – 2010 (5.1%)

The Board noted that quotas were met over the totality of BeTV's services, reaching a level of 59.6%.

Recent works

BeTV – Be sport 1 – 2010 (5.1%)

The Board noted that quotas were met over the totality of BeTV's services, reaching a level of 58.99%.

3.2 Bulgaria

PART 1 - Statistical data

|| || || || || || ||

Number of channels identified: || 51 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 7 || Quota: || 7 || Reporting: || 0

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

BALKAN BULGARSKA TELEVIZIA AD || BBT || NC || NC || NC || NC || NC || NC

BTV MEDIA GROUP EAD || BTV || 73.9% || 71.7% || 24.0% || 30.5% || 100.0% || 100.0%

BTV MEDIA GROUP EAD || BTV ACTION/PRO BG || 45.3% || 36.4% || 8.8% || 8.0% || 92.6% || 88.7%

BTV MEDIA GROUP EAD || BTV CINEMA || 22.8% || 23.6% || 5.8% || 3.7% || 51.4% || 29.7%

BTV MEDIA GROUP EAD || BTV COMEDY || 22.0% || 34.0% || 4.7% || 15.0% || 46.0% || 54.0%

BULGARIA KABEL TV OOD || Bulgaria  TV (BGTV) || 75.0% || 72.0% || 12.0% || 9.0% || 9.9% || 12.9%

BULGARIAN NATIONAL TELEVISION || BNT 1 (BNT) || 79.2% || 76.3% || 21.1% || 11.8% || 7.6% || 2.2%

BULGARIAN NATIONAL TELEVISION || BNT WORLD || 2.1% || 2.7% || NC || NC || NC || NC

ELIT MEDIA BULGARIA OOD || Kanal 3 || 52.0% || 71.5% || 28.0% || 18.5% || NC || 1.0%

ESTATE TV || TV 1 || NC || NC || NC || NC || NC || NC

EVROKOM BULGARIA EOOD || NBT || 52.0% || 50.0% || 11.0% || 13.0% || NC || NC

EVROKOM NATSIONALNA KABELNA TELEVIZIA OOD || E-KIDS || 31.1% || 33.2% || 19.7% || 21.2% || 56.5% || 48.6%

EVROKOM NATSIONALNA KABELNA TELEVIZIA OOD || Evrokom NKTV || 47.9% || 51.2% || 23.6% || 17.7% || 58.3% || 43.2%

FEN TI VI OOD || Balkanika Music TV || 70.0% || 70.0% || 100.0% || 100.0% || 100.0% || 100.0%

FEN TI VI OOD || Fen || 15.0% || 95.0% || 100.0% || 95.0% || 100.0% || 95.0%

FOLKLOR TV OOD || Folklor TV || 100.0% || 100.0% || 45.0% || 27.0% || 7.0% || 12.0%

FOX INTERNATIONAL CHANNELS BULGARIA || FOX CRIME BG || 0.5% || 5.9% || 0.5% || 0.2% || 100.0% || 100.0%

FOX INTERNATIONAL CHANNELS BULGARIA || FOX LIFE BG || 1.5% || 6.6% || 1.5% || 0.6% || 100.0% || 93.0%

IASDMOEA || VTK- Voenen Televizionen Kanal || 90.0% || 89.9% || NC || 0.1% || NC || 0.1%

KIS OOD || KIS M+ || 100.0% || 100.0% || 70.0% || 65.0% || 55.0% || 65.0%

KIS OOD || KIS13 || 65.0% || 75.0% || 50.0% || 55.0% || 20.0% || 25.0%

LATINA F || LATINA F || 57.7% || 53.4% || 30.3% || 29.2% || 53.2% || 43.4%

M SAT TV EOOD || MSAT || 38.2% || 25.5% || 27.7% || 8.2% || 13.1% || 13.4%

MTG/MODERN TIMES GROUP || DIEMA || 19.1% || 33.6% || 1.3% || 2.0% || 100.0% || 100.0%

MTG/MODERN TIMES GROUP || DIEMA 2/KINO NOVA || 14.8% || 32.9% || 3.9% || NC || 100.0% || NC

MTG/MODERN TIMES GROUP || DIEMA Family || 23.6% || 30.3% || NC || 5.8% || NC || 78.9%

MTG/MODERN TIMES GROUP || Nova TV (Bulgaria) || 59.7% || 66.0% || 16.5% || 23.7% || 88.9% || 93.1%

PIONEER MEDIA OOD || Planeta Folk || 100.0% || 100.0% || 12.1% || 12.2% || 26.0% || 28.0%

PIONEER MEDIA OOD || PLANETA HD || NC || 100.0% || NC || NC || NC || NC

PIONEER MEDIA OOD || Planeta TV || 100.0% || 100.0% || 12.5% || 12.9% || 32.0% || 36.0%

POP CORE MEDIA OOD || POP CORE TV || 60.0% || 70.2% || 7.3% || 4.0% || NC || NC

RADIO CITY OOD || City TV || NC || NC || NC || NC || NC || NC

RADIO VESELINA EAD || THE VOICE || NO || 100.0% || NO || NC || NO || NC

SKAT OOD || SKAT || 99.0% || 99.0% || NC || NC || NC || NC

SKAT OOD || SKAT + || 99.0% || 99.0% || NC || NC || NC || NC

TELEVIZIA EVROPA AD || TV Evropa || 30.0% || 42.0% || 0.5% || 1.5% || 60.0% || 60.0%

TELEVIZIA VARNA AD || TV VARNA || 65.0% || 65.0% || 21.0% || 21.0% || 67.0% || 72.0%

TJANKOV OOD || Tiankov TV || 100.0% || 100.0% || NC || NC || NC || NC

TV SAT COM EOOD || TV SAT COM || NO || 57.0% || NO || 20.0% || NO || 100.0%

TV SEDEM EAD || TV7 (Bulgaria) || 55.0% || 54.0% || 11.0% || 11.5% || 11.0% || 100.0%

TV SEDM EAD || Super 7 || 41.0% || 40.0% || 6.0% || 4.0% || 6.0% || 100.0%

TVT OOD || TVT /TELEVISIA TURISME || NO || 100.0% || NO || 50.0% || NO || 50.0%

VEST TV AD/VTV || VEST TV/VTV || 65.0% || 68.0% || 18.0% || 22.0% || 85.0% || 80.0%

VVD-RUJCHEV OOD || Rodina || 100.0% || 100.0% || NC || NC || NC || NC

|| || || || || || ||

Covered Channels (IND 1) || 41 || 44 || 41 || 44 || - || -

Compliance rate (IND 3 and 5) || 53.7% || 63.6% || 48.8% || 47.7% || - || -

Average % (IND 2, 4, and 6) || 56.0% || 63.4% || 23.1% || 21.8% || 57.3% || 58.9%

PART 2 – Comments

Monitoring method

For the period 2009-2010, information under Articles 16 and 17 of the Directive has been requested from the broadcasters falling under the Bulgarian jurisdiction.

Out of the 45 identified television channels belonging to 32 linear media service providers five channels were either inactive or exempt during parts of the reference period.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

The majority of the channels (22 in 2009 and 29 in 2010) fulfilled and surpassed the 50% quota laid down for European works.

2. A minimum proportion of European works by independent producers (Article 17):

As regards the 12% threshold for works created by independent producers set out in the Bulgarian legislation, the results are lower than for European works (18 fulfilled the quota in 2009 and 20 in 2010), which can be explained by the media service providers’ different financial capacities (especially during a financial crisis).

As regards those channels which have not reached the specified thresholds for the indicators in question, the main explanation is that the law incorporates the “where practicable" principle. The channels concerned also have certain specific characteristics which are incompatible with the requirements of Articles 16 and 17 of the Audiovisual Media Services Directive and Article 19 of the Radio and Television Act, respectively.

B) Measures taken by or envisaged by the Member State

C) Further comments

No further comments.

3.3 Czech Republic

PART 1 - Statistical data

|| || || || || || || ||

Number of channels identified: || 77 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 7 || Quota: || 7 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

Barrandov Televizní Studio a.s. || Televize Barrandov || 64.8% || 68.0% || 50.5% || 34.9% || 27.4% || 18.1% ||

Česká programová společnost spol. s r.o. || Spektrum || 68.0% || 65.0% || 43.0% || 42.0% || 70.0% || 68.0% ||

Česká televize || ČT1 || 79.3% || 81.2% || 20.3% || 18.8% || 51.9% || 49.2% ||

Česká televize || ČT2 || 90.6% || 91.1% || 19.4% || 21.9% || 68.7% || 72.7% ||

Česká televize || ČT24 || 100.0% || 99.8% || 0.7% || 2.3% || 100.0% || 100.0% ||

Českomoravská televizní,s.r.o. || Vysočina TV || 100.0% || 100.0% || 51.2% || 67.2% || 100.0% || 100.0% ||

Československá filmová společnost, s.r.o. || CS film || 100.0% || 100.0% || 96.2% || 94.7% || 1.5% || 1.1% ||

Československá filmová společnost, s.r.o. || CS mini || 93.5% || 100.0% || 78.8% || 70.8% || 8.1% || 1.3% ||

CET 21 spol. s r.o. || MTV || 66.3% || 70.8% || 3.1% || 3.4% || 90.9% || 99.2% ||

CET 21 spol. s r.o || Nova || 55.8% || 54.5% || 22.3% || 23.9% || 28.4% || 20.9% ||

CET 21 spol. s r.o || Nova Cinema || 36.5% || 30.2% || 34.1% || 24.6% || 40.1% || 24.8% ||

Chello Central Europe s.r.o. || Minimax || 55.0% || 55.0% || 52.0% || 43.0% || 73.0% || 69.0% ||

Chello Central Europe s.r.o. || TV Paprika || 70.0% || 86.5% || 31.0% || 71.5% || 65.0% || 87.0% ||

Disney Channels(Benelux) B.V. JETIX || JETIX (CR,SR, Mad) || 29.0% || 17.3% || 20.0% || 5.9% || 7.0% || 3.5% ||

Disney Channels(Benelux)B.V JETIX || JETIX || 32.0% || 14.3% || 22.0% || 2.9% || 9.0% || 2.6% ||

Disny Channels(Benelux)B.V.JETIX XD || JETIX XD || 30.0% || 11.4% || 12.0% || 1.9% || 5.0% || 1.9% ||

FATEM - TV a.s. || RTA JIŽNÍ MORAVA || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

FILM EUROPE s.r.o. || DOKU CS || NO || 100.0% || NO || 100.0% || NO || 1.6% ||

FILM EUROPE s.r.o. || KINO CS || 100.0% || 100.0% || 100.0% || 100.0% || 3.1% || 0.6% ||

FILM EUROPE s.r.o. || MUZIKA CS || NO || 100.0% || NO || 100.0% || NO || 0.0% ||

FTV  Prima s.r.o. || Prima Cool || 16.6% || 14.4% || 10.8% || 10.3% || 30.0% || 50.3% ||

FTV Prima s.r.o. || Prima TV || 51.1% || 54.1% || 21.5% || 26.7% || 100.0% || 96.1% ||

FTV Prima s.r.o. || R 1 || 41.8% || 23.2% || 12.9% || 20.2% || 100.0% || 50.0% ||

GENUS TV a.s. || GENUS TV || 100.0% || 100.0% || 82.4% || 0.0% || 100.0% || 0.0% ||

HBO Česká republika, spol. s r.o. || Cinemax || 41.9% || 37.6% || 22.3% || 14.0% || 70.1% || 67.8% ||

HBO Česká republika, spol. s r.o. || Cinemax2 || 41.9% || 37.6% || 22.3% || 14.0% || 70.1% || 67.8% ||

HBO Česká republika, spol. s r.o. || HBO || 24.1% || 22.3% || 13.3% || 5.1% || 100.0% || 98.6% ||

HBO Česká republika, spol. s r.o. || HBO 2 PL || 30.1% || 30.2% || 14.3% || 12.0% || 94.1% || 99.5% ||

HBO Česká republika, spol. s r.o. || HBO ADRIA || 20.1% || 19.3% || 10.0% || 4.3% || 99.2% || 97.4% ||

HBO Česká republika, spol. s r.o. || HBO COMEDY ADRIA || 26.3% || 16.3% || 11.8% || 4.8% || 98.3% || 100.0% ||

HBO Česká republika, spol. s r.o. || HBO Comedy Poland || 37.0% || 24.2% || 17.8% || 7.6% || 90.5% || 98.2% ||

HBO Česká republika, spol. s r.o. || HBO COMEDY REGIONAL || 29.5% || 17.8% || 12.4% || 3.8% || 97.9% || 100.0% ||

HBO Česká republika, spol. s r.o. || HBO HU || 23.8% || 21.2% || 10.7% || 5.9% || 100.0% || 98.5% ||

HBO Česká republika, spol. s r.o. || HBO PL || 28.8% || 29.1% || 14.3% || 9.2% || 95.0% || 99.4% ||

HBO Česká republika, spol. s r.o. || HBO RO || 21.2% || 21.8% || 11.8% || 5.9% || 98.3% || 92.2% ||

HBO Česká republika, spol. s r.o. || HBO2 || 23.7% || 21.1% || 12.2% || 5.6% || 97.3% || 100.0% ||

HELP FILM, s.r.o. || Filmbox || 50.3% || 46.1% || 50.3% || 46.1% || 15.9% || 6.4% ||

HELP FILM, s.r.o. || Filmbox Family || 29.6% || 42.0% || 29.6% || 42.0% || 57.8% || 25.4% ||

HELP FILM, s.r.o. || Nonstop kino HD/Filmbox HD || 25.0% || 22.8% || 25.0% || 22.8% || 57.9% || 24.5% ||

HELP FILM, s.r.o. || Nonstop kino/Filmbox Extra || 44.2% || 40.7% || 44.2% || 40.7% || 64.0% || 77.4% ||

HELP FILM, s.r.o. || Nostalgia || 100.0% || NO || 100.0% || NO || 0.0% || NO ||

HUKU s.r.o. || Ethnic TV || 100.0% || NC || 13.0% || NC || 100.0% || NC ||

MaxiFilm&TV s.r.o. || Da Vinci || NC || NO || NC || NO || NC || NO ||

MTV NETWORKS s.r.o. || Classic European || NO || 46.0% || NO || 46.0% || NO || 1.0% ||

MTV NETWORKS s.r.o. || Comedy Central Hungary || NO || 31.0% || NO || 24.0% || NO || 85.0% ||

MTV NETWORKS s.r.o. || Comedy Central Polska || NO || 19.0% || NO || 19.0% || NO || 30.0% ||

MTV NETWORKS s.r.o. || MTV European || NO || 20.0% || NO || 18.0% || NO || 96.0% ||

MTV NETWORKS s.r.o. || MTV Hungary || NO || 14.0% || NO || 10.0% || NO || 97.0% ||

MTV NETWORKS s.r.o. || MTV Polska || NO || 25.0% || NO || 19.0% || NO || 97.0% ||

MTV NETWORKS s.r.o. || Nickleodeon || NO || 7.0% || NO || 3.0% || NO || 100.0% ||

MTV NETWORKS s.r.o. || Nickleodeon European || NO || 4.0% || NO || 3.0% || NO || 100.0% ||

MTV NETWORKS s.r.o. || VH 1 European || NO || 37.0% || NO || 36.0% || NO || 54.0% ||

MTV NETWORKS s.r.o. || VH1 Polska || NO || 51.0% || NO || 47.0% || NO || 68.0% ||

MTV NETWORKS s.r.o. || Viva Hungary || NO || 50.0% || NO || 50.0% || NO || 85.0% ||

MTV NETWORKS s.r.o. || Viva Polska || NO || 78.0% || NO || 50.0% || NO || 93.0% ||

PK 62, a.s. || LEO TV || 94.2% || 95.8% || 27.3% || 26.7% || 98.1% || 25.8% ||

První zpravodajská, a.s. || Z1 || 32.7% || 71.0% || 13.2% || 17.0% || 100.0% || 100.0% ||

Regionální televize DAKR, s.r.o. || DAKR || 100.0% || NO || 80.6% || NO || 100.0% || NO ||

RTA JIŽNÍ ČECHY, s.r.o. || RTA JIŽNÍ ČECHY || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

RTA OSTRAVA s.r.o. || RTA OSTRAVA || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

RTA VÝCHODNÍ ČECHY, s.r.o. || RTA VÝCHODNÍ ČECHY || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

RTA ZLÍN, s.r.o. || RTA ZLÍN || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

SAT Plus, s.r.o. || FUN1 || NC || 100.0% || NC || 100.0% || NC || 100.0% ||

Stanice O, a.s. || Óčko || 100.0% || 100.0% || 12.0% || 11.5% || 100.0% || 100.0% ||

TELEPACE s.r.o. || TV NOE || 94.1% || 99.1% || 36.5% || 38.0% || 34.7% || 35.0% ||

Totalpress, s.r.o. || PUBLIC TV || NC || 99.3% || NC || 12.0% || NC || 12.0% ||

TV LYRA s.r.o. || LYRA TV || 100.0% || 100.0% || 80.4% || 2.2% || 100.0% || 100.0% ||

TV MORAVA, s.r.o. || TV MORAVA || 100.0% || 100.0% || 55.8% || 0.0% || 100.0% || 0.0% ||

TV Vřídlo s.r.o. || TV Vřídlo || 100.0% || 100.0% || 53.2% || 53.2% || 100.0% || 100.0% ||

ZAK TV s.r.o. || ZAK || 100.0% || 100.0% || 60.0% || 0.1% || 100.0% || 100.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 56 || 67 || 56 || 67 || - || - ||

Compliance rate (IND 3 and 5) || 60.7% || 53.7% || 87.5% || 62.7% || - || - ||

Average % (IND 2, 4, and 6) || 64.1% || 58.1% || 30.9% || 26.0% || 62.6% || 56.8% ||

|| || || || || || || ||

PART 2 – Comments

No comments were provided.

3.4. Danemark

PART 1 - Statistical data

Number of channels identified: || 189 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 169 || Quota: || 10 || Reporting: || 159 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

BRAVAD / dk4 PRODUCTION ApS || dk4 || 84.5% || 85.4% || 9.9% || 10.4% || 100.0% || 100.0% ||

DR || DR HD || 84.0% || 86.0% || 6.0% || 5.0% || 40.0% || 24.0% ||

DR || DR K || 55.0% || 37.0% || 4.0% || 4.0% || 20.0% || 31.0% ||

DR || DR1 || 77.0% || 82.0% || 14.0% || 21.0% || 60.0% || 58.0% ||

DR || DR2 || 76.0% || 73.0% || 9.0% || 9.0% || 56.0% || 34.0% ||

DR || DR Ramasjang || 70.0% || 67.0% || 19.0% || 25.0% || 79.0% || 61.0% ||

NORDJYSKE MEDIER A/S || 24NORDJYSKE || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

SBS BROADCAST DANMARK A/S || 6'eren || 31.0% || NO || 84.0% || NO || 100.0% || NO ||

TV 2 FILM A/S || TV 2 Film || 30.1% || 24.7% || 88.7% || 84.4% || 12.7% || 12.2% ||

TV 2 ZULU A/S || TV 2 Zulu || 28.9% || 29.1% || 59.1% || 65.1% || 77.5% || 76.9% ||

TV2 CHARLIE A/S || TV 2 Charlie || 71.6% || 75.5% || 79.2% || 82.3% || 43.3% || 33.2% ||

TV2/DANMARK A/S || TV 2 (Denmark) || 50.3% || 52.7% || 82.4% || 86.3% || 82.7% || 89.4% ||

TV2/DANMARK A/S || TV 2 Bornholm || 100.0% || 100.0% || 10.8% || 4.6% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV 2 Fyn || 100.0% || 100.0% || 2.2% || 1.6% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV 2 Lorry || 100.0% || 100.0% || 3.6% || 1.8% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV 2 NORD || 100.0% || 100.0% || 11.1% || 11.5% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV 2 ØST || 100.0% || 100.0% || 18.0% || 13.0% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV 2 ØSTJYLLAND || 100.0% || 100.0% || 2.7% || 0.7% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV MIDT-VEST || 100.0% || 100.0% || 9.0% || 24.6% || 100.0% || 100.0% ||

TV2/DANMARK A/S || TV SYD || 100.0% || 100.0% || 10.2% || 10.5% || 100.0% || 100.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 20 || 19 || 20 || 19 || - || - ||

Compliance rate (IND 3 and 5) || 85.0% || 84.2% || 55.0% || 57.9% || - || - ||

Average % (IND 2, 4, and 6) || 77.9% || 79.6% || 26.1% || 24.3% || 73.6% || 69.5% ||

|| || || || || || || ||

PART 2 – Comments

Monitoring method

All Channels registered in Denmark have been consulted for information about their channels’ programming. The responses have been added to the reporting.

A) Reasons given by Member State for failure to reach

1. Majority proportion of European works (Article 16):

The European works broadcast by three channels – DR K, TV 2 Film and TV 2 Zulu – with an audience share of 0.9 %, 1.2 % and 2.5 % respectively, accounted for less than 50 % of their broadcasts in the period in question. For DR K the proportion was more than 50 % in 2009, when it broadcasted for two months, but fell to 37 % in 2010. TV 2 Film saw a rise from 2008 to 2009, when European works accounted for 30.1 %, but a decrease to 24.7 % in 2010. TV 2 Zulu has remained around the 30 % mark for some time.

2. Minimum proportion of European works by independent producers (Article 17):

Less than 10 % of the programmes broadcasted by seven channels – DR 2, DR HD, DR K, TV 2 Bornholm, TV 2 Fyn, TV 2 Lorry and TV 2 Østjylland – are produced by independent producers. The regional channels TV 2 Bornholm, TV 2 Fyn, TV 2 Lorry and TV 2 Østjylland broadcast mainly news programmes and to a lesser extent on locally produced current affairs programmes. DR HD and DR K did not go on air until 1st November 2009, meaning that they have in fact only been broadcasting for just over a year. DR 2 fell from 11 % in 2008 to 9 % in 2009 and 2010.

B) Measures taken or envisaged by the Member State

Although the Danish Radio and Television Board has not yet expressed its opinion on the measures taken with regard to TV 2 Film and TV 2 Zulu, the secretariat of the Board would recommend that it be noted that these channels are still failing to meet the requirement for over half the broadcasting time not allocated to news, sports events, competitions and teletext services to be set aside for European programmes. It is recommended that the Board emphasise that it expects channels to take the requirements seriously and future reports to show increases in the proportion of European works with a view to meeting the requirement for over half the relevant broadcasting time to be reserved for European programmes.

As regards TV 2 Bornholm, TV 2 Fyn, TV 2 Lorry and TV 2 Østjylland, the Radio and Television Board decided in its annual public service statement to emphasise the rules and declare that although the Board is aware of the special nature of the regions as broadcasters with a particular focus on news, they should nevertheless satisfy the independent producer requirement as far as possible. In this regard the Board states that the channels should be aware of the need for compliance with the requirement for productions by independent producers in connection with the new possibility for 24-hour broadcasting from 2012, when there may be a shift to a programme profile and certain types of programme in which the requirement for European works will be even more relevant.

As both DR HD and DR K are recent start-up channels, the Board stated that these channels, which have an audience share of 1 % and 0.9 % respectively, must meet the requirements. DR 2, of whose 9 % of the broadcasts are independent productions, is not far off target. In this regard the Board attaches great importance to the fact that, taken together, all the DR channels satisfy the requirements.

C) Further comments

The eight regional TV 2 channels (TV/MIDTVEST, TV2/NORD, TV SYD, TV 2/ØSTJYLLAND, TV 2 LORRY, TV 2/FYN, TV2 ØST, TV 2/BORNHOLM) broadcast between 30 minutes and one hour a day in slots on TV 2's terrestrial channel and since 2010 also on the regional channels. Their share is calculated in the slots on TV 2's terrestrial channel. These channels mainly broadcast locally produced news and magazine programmes.

3.5. Germany

PART 1 - Statistical data

Number of channels identified: || 130 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 92 || Quota: || 40 || Reporting: || 52

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

ARD || ARD EinsExtra || 99.0% || 99.0% || 11.8% || 11.5% || 97.9% || 95.4%

ARD || ARD EinsFestival || 93.1% || 92.6% || 36.3% || 56.3% || 73.2% || 73.9%

ARD || ARD EinsPlus || 99.0% || 99.0% || 16.9% || 17.7% || 88.2% || 82.8%

ARD || ARD1 (Das Erste) || 88.7% || 90.4% || 33.8% || 31.4% || 85.7% || 84.9%

BR - BAYERISCHER RUNDFUNK || BR Fernsehen (Bayerischer Rundfunk) || 97.0% || 96.9% || 21.3% || 22.3% || 80.5% || 73.6%

Das Vierte GmbH || Das Vierte || 49.0% || EX || 19.0% || EX || 100.0% || EX

DMAX TV GmbH & Co. KG || DMAX Deutschland || 50.6% || 43.2% || 100.0% || 100.0% || 78.3% || 77.7%

HR - HESSISCHER RUNDFUNK || HR Fernsehen (Hessischer Rundfunk) || 75.7% || 96.0% || 11.0% || 11.5% || 38.4% || 42.4%

kabel eins Fernsehen GmbH || kabel eins || 36.3% || 29.2% || 98.8% || 97.8% || 48.2% || 38.9%

MDR - MITTELDEUTSCHER RUNDFUNK || MDR Fernsehen (Mitteldeutscher Rundfunk) || 96.1% || 93.4% || 24.6% || 24.0% || 81.1% || 77.9%

MGM NETWORKS (DEUTSCHLAND) GMBH || MGM Channel (Germany) || 26.1% || 33.6% || 24.8% || 32.1% || 0.0% || 0.0%

MTV NETWORKS GMBH & CO. OHG || Comedy Central (Germany) || 13.0% || 21.0% || 13.0% || 21.0% || 50.0% || 59.0%

MTV NETWORKS GMBH & CO. OHG || MTV (Germany) || 62.0% || 64.0% || 4.0% || 16.0% || 98.0% || 94.0%

MTV NETWORKS GMBH & CO. OHG || Nickleodeon || 15.0% || NC || 10.0% || NC || 70.0% || NC

N24 Gesellschaft für Nachrichten und Zeitgeschehen mbH || N24 || 72.9% || 64.5% || 99.5% || 99.4% || 91.0% || 89.4%

NDR - NORDDEUTSCHER RUNDFUNK || NDR Fernsehen (Norddeutscher Rundfunk) || 88.7% || 90.4% || 33.8% || 31.4% || 85.7% || 84.9%

N-TV NACHRICHTENFERNSEHEN GMBH || n-tv || 100.0% || 100.0% || 83.0% || 89.9% || 100.0% || 100.0%

ProSieben Television GmbH || ProSieben || 54.2% || 42.1% || 79.8% || 84.8% || 67.6% || 65.9%

RB - RADIOBREMEN || Radio Bremen TV (RB) || 88.7% || 90.4% || 33.8% || 31.4% || 85.7% || 84.9%

RBB - RUNDFUNK BERLIN BRANDENBURG || RBB Fernsehen (Rundfunk Berlin-Brandenburg) || 96.6% || 96.8% || 31.0% || 32.4% || 19.5% || 18.7%

RTL 2 FERNSEHEN GMBH & CO. KG || RTL 2 || 40.0% || 43.0% || 35.0% || 41.0% || 77.0% || 75.0%

RTL TELEVISION GMBH || RTL || 85.0% || 86.0% || 59.0% || 63.0% || 86.0% || 87.0%

Sat.1 SatellitenFernsehen GmbH || Sat.1 || 86.5% || 83.6% || 80.2% || 88.6% || 80.2% || 80.5%

Sky Deutschland AG || Film Paket || 29.9% || 29.2% || 29.9% || 29.2% || 44.3% || 39.7%

SR - SAARLÄNDISCHER RUNDFUNK || SR Fernsehen || 96.6% || 97.3% || 25.3% || 23.8% || 14.1% || 18.9%

SUPER RTL DISNEY FERNSEHEN GMBH & CO. KG || Super RTL || 12.7% || 15.5% || 100.0% || 100.0% || NC || NC

SWR - SÜDWESTRUNDFUNK || SWR Fernsehen || 96.6% || 97.3% || 25.3% || 23.8% || 14.1% || 18.9%

TM-TV GMBH || Tele 5 (Germany) || 4.5% || 6.1% || NC || NC || NC || NC

VIVA MUSIC FERNSEHEN GMBH & CO. KG || VIVA (Germany) || 88.0% || 82.0% || 7.0% || 17.0% || 100.0% || 100.0%

VOX FILM- UND FERNSEH GMBH & CO. KG || VOX || 49.0% || 45.0% || 95.0% || 97.0% || 99.0% || 99.0%

WDR - WESTDEUTSCHER RUNDFUNK || WDR Fernsehen (Westdeutscher Rundfunk) || 96.8% || 97.0% || 24.7% || 23.5% || 76.0% || 72.2%

ZWEITES DEUTSCHES FERNSEHEN (ZDF) || ZDF || 91.0% || 87.1% || 25.1% || 31.0% || 82.5% || 87.2%

ZWEITES DEUTSCHES FERNSEHEN (ZDF) || ZDF Dokukanal || 80.7% || 79.4% || 47.6% || 39.1% || 67.8% || 71.5%

ZWEITES DEUTSCHES FERNSEHEN (ZDF) || ZDF Infokanal || 99.2% || 96.9% || 8.8% || 9.6% || 84.1% || 94.9%

ZWEITES DEUTSCHES FERNSEHEN (ZDF) || ZDF Theaterkanal || 94.4% || 93.8% || 43.8% || 30.3% || 66.6% || 78.1%

|| 3sat || 95.1% || 94.1% || 32.0% || 33.1% || 82.3% || 80.4%

|| KIKA || 79.6% || 79.4% || 68.4% || 63.5% || 60.6% || 65.4%

|| PHOENIX || 99.0% || 99.0% || 1.0% || 1.0% || 100.0% || 100.0%

|| || || || || || ||

Covered Channels (IND 1) || 38 || 37 || 38 || 37 || - || -

Compliance rate (IND 3 and 5) || 73.7% || 70.3% || 86.8% || 89.2% || - || -

Average % (IND 2, 4, and 6) || 71.7% || 73.7% || 40.4% || 43.6% || 71.5% || 71.0%

PART 2 – Comments

Monitoring method

Public service broadcasters communicate their data directly to the responsible State Chancellery of Rhineland-Palatinate. For the first time the quotas of the 'Third Channels' belonging to the individual ARD regional broadcasting organisations are also included in the report.

Media authorities of the Federal States communicate data on private broadcasters to the State Chancellery of Rhineland-Palatinate.

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Article 16):

While individual channels in the ProSiebenSat.1 Group failed to meet the 50% share of European works due to their programme orientation, the group as a whole achieved a share of 62% (2009) and 54% (2010). The decrease in the share of European works in 2010 was due to changes in programming structures to adapt to economic conditions.

2. A minimum proportion of European works by independent works (Article 17):

In case private channels were unable to meet the quotas for independent productions this is due to the fact that they use programming from their parent companies.

As far as ZDF-Infokanal is concerned, its programming is almost completely made up of its own productions. The share of programmes from independent producers is therefore slightly less than the required figure.

PHOENIX's failure to meet the quota for independent productions is due to its specific nature as a niche channel, devoted to producing its own 'event broadcasts' and discussion programmes.

C) Further comments

Regarding N24, 2010 data was only available until the channel was sold on 30 June 2010; as a result the quotas was only calculated for programming during the first half of 2010.

9Live ceased operations on 9 August 2011; Bahn TV ceased operations on 31 December 2010; Jetix (Germany) ceased operations on 9 October 2009 and MTV Entertainment ceased operations on 1 January 2011. Jamba! was renamed 'Ojom' on 1 October 2010. Sixx was launched only on 7 Mai 2010.

In August 2009 PREMIERE became Sky Deutschland AG. The details for Sky Deutschland include the PREMIERE data for 2009.

Regarding the details for ZDF-Dokukanal it must be pointed out that this channel's programming scheme was changed as of 1 November 2009, and that it was renamed ZDFneo. However, the details provided are for the entire reporting period. As shown by the comparison with 2010, the programme reform did not lead to major changes as regards the relevant data.

3.6. Estonia

PART 1 - Statistical data

Number of channels identified: || 11 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 3 || Quota: || 3 || Reporting: || 0

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

ERR - EESTI RAHVURSRINGHÄÄLING || ETV (Eesti Televisioon) || 91.7% || 93.5% || 43.3% || 45.0% || 72.1% || 68.9%

ERR - EESTI RAHVURSRINGHÄÄLING || ETV2 (Eesti Televisioon) || 89.0% || 89.7% || 37.6% || 42.6% || 74.4% || 72.5%

KANAL 2 AS || Kanal 11 (Estonia) || 67.3% || 64.1% || 59.1% || 55.6% || 38.8% || 56.9%

KANAL 2 AS || Kanal 2 || 57.7% || 62.5% || 45.3% || 43.9% || 40.4% || 34.0%

OÜ Telekanal Seitse || Seitse || 60.0% || 70.0% || 50.0% || 70.0% || 30.0% || 20.0%

OÜ Videomeedia || TV 14 || NC || 90.9% || NC || 11.0% || NC || NC

TV3 AS || TV3 (Estonia) || 51.1% || 55.8% || 51.1% || 55.8% || 33.6% || 44.2%

TV3 AS || TV6 (Estonia) || 52.5% || 47.0% || 52.5% || 47.0% || 23.0% || 69.9%

|| || || || || || ||

Covered Channels (IND 1) || 8 || 8 || 8 || 8 || - || -

Compliance rate (IND 3 and 5) || 87.5% || 87.5% || 87.5% || 100.0% || - || -

Average % (IND 2, 4, and 6) || 67.0% || 71.7% || 48.4% || 46.4% || 44.6% || 52.3%

PART 2 – Comments

Monitoring method

Daily monitoring carried out by the independent research company TNS EMOR+data submitted by the channels themselves. Afterwards analysed and evaluated by the Media Department of the Ministry of Culture, the Estonian supervisory body.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

All channels, except TV6 in the year 2010, reached the majority proportion of European works. According to explanation given by the channel, several European series ended at an inopportune moment and they didn’t manage to acquire rights for new European works in time. There were also some changes in the management of the channel. By now the situation has improved.

2. A minimum proportion of European works by independent producers (Article 17)

All channels achieved the minimum proportion of European works by independent producers.

B) Measures taken by or envisaged by the Member State

Ministry of Culture as a regulatory authority has issued a precept (on 14.04.2011) to channel TV6 for the violation of the according provision of Media Services Act and is currently attentively monitoring its application.

C) Further comments

OY Videomeedia TV 14 – In 2009 was operational only for a half year period, its audience share being 0,2%, currently not existing.

EESTI SPORDIKANAL  OY Kalev Sport was not operational during the period 2009-2010

EESTI SPORDIKANAL OY Neljas- ended its operation in March 2009

3.7. Ireland

PART 1 - Statistical data

Number of channels identified: || 11 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 6 || Quota: || 6 || Reporting: || 0

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

CHANNEL 6 BROADCASTING LIMITED || Channel 6/3e || 16.7% || 41.6% || 8.0% || 11.0% || 75.0% || 74.0%

RTE - RADIO TELEFIS EIREANN || RTE 1 || 59.0% || 56.0% || 23.0% || 22.0% || 99.0% || 99.0%

RTE - RADIO TELEFIS EIREANN || RTE 2 || 44.0% || 41.0% || 23.0% || 14.0% || 94.0% || 94.0%

TG4 || TG4 || 42.2% || 43.6% || 36.7% || 39.4% || 36.7% || 39.4%

TV3 TELEVISION NETWORK LIMITED || TV3 (Ireland) || 58.0% || 59.8% || 18.0% || 16.4% || 70.0% || 71.0%

|| || || || || || ||

Covered Channels (IND 1) || 5 || 5 || 5 || 5 || - || -

Compliance rate (IND 3 and 5) || 40.0% || 40.0% || 80.0% || 100.0% || - || -

Average % (IND 2, 4, and 6) || 44.0% || 48.4% || 21.7% || 20.6% || 74.9% || 75.5%

|| || || || || || ||

PART 2 – Comments

Monitoring method

RTÉ2: SRS – Broadcast Analysis System – using Escort 2.4(EBU)

TG4: The data is extracted from underlying Oracle database of the TG4 ‘What’s On’ broadcasting scheduling system and further designed and filtered with the aid of the SAP Crystal Reports software application using Escort 2.4 (EBU).

The Broadcasting Authority of Ireland (the independent Broadcasting Regulator) collects the data from the broadcasters on an annual basis, and then subjects that data to a series of checks. These checks involve the use of random samples from the schedules of all broadcasters involved, tested against the claimed figures for the relevant broadcast period.

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Article 16):

RTÉ 2: RTÉ 2 carries almost all of RTÉ’s sports programming, which is a key part of RTÉ’s public service remit. As sport tends to divide the audience RTÉ have made RTE 2 the home for sports, whilst offering a non-sports offering on RTE 1. Irish programming from the sports department makes up a very large proportion of our home produced hours on RTE 2.

TG4: TG4 content is sourced from the Independent Production Sector in Ireland (all of which is broadcast in the Irish language) and from material acquired from abroad, some of which is dubbed into the Irish Language. The content for the acquired programming is sourced, in part, from within Europe and the remainder largely from North America

Sport coverage provides a significant % of hours to the schedule. News is also a significant contributor. Together, Sport and News account for 35% of total broadcast hours. These hours are supplied in total from within the EU area and are ineligible in the calculation of geographical spread of content.

2. A minimum proportion of European works by independent producers (Article 17):

Minimum proportion was achieved.

B) Measures taken or envisaged by the Member State

RTÉ2: In their written response to the Department of Communications on this issue, RTÉ stated that it was their intention to “increase European production across genres other than News and Sports”.

TG4: With existing budgetary constraints TG4 does not envisage any major change in content source. The content sourced from outside Europe is, by and large, entertainment/film material. Subject to increased funding, TG4 would hope to produce more of this genre in Ireland in the future.

C) Further comments

No further comments.

3.8. Greece

PART 1 - Statistical data

|| || || || || || || ||

Number of channels identified: || 95 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 8 || Quota: || 8 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ALPHA ΔΟΡΥΦΟΡΙΚΗ ΤΗΛΕΟΡΑΣΗ Α.Ε. || ALPHA TV || 59.7% || 60.4% || 53.8% || 51.6% || 58.0% || 56.0% ||

ANTENNA TV A.E. || Antenna TV || 55.2% || 54.8% || 51.4% || 51.1% || 92.7% || 87.7% ||

CITY NEWS Α.Ε. || ΤΗΛΕΑΣΤΥ || 51.0% || 51.0% || 10.0% || 10.0% || 55.0% || 45.0% ||

EIDISEIS DOT COM (SKAI TV) || SKAI || 62.3% || 63.0% || 23.2% || 17.9% || 81.5% || 78.0% ||

EUROPE ONE RADIOTILEOPTIKI S.A. || EUROPE ONE || 80.0% || 85.0% || 25.0% || 24.4% || 92.8% || 93.1% ||

EΡΤ3 || ΕΡΤ3 || 60.0% || 33.0% || 17.0% || 22.0% || 11.0% || 2.0% ||

FORTHNET MEDIA HOLDINGS (ex NETMED HELLAS SA) || DISNEY XD  (ex JETIX) || 8.5% || 7.9% || 8.5% || 8.5% || 5.3% || 1.7% ||

FORTHNET MEDIA HOLDINGS (ex NETMED HELLAS SA) || NOVACINEMA1 || 51.0% || 52.3% || 18.7% || 18.7% || 84.3% || 97.6% ||

FORTHNET MEDIA HOLDINGS (ex NETMED HELLAS SA) || NOVASPORTS 1 || 45.5% || 40.4% || 0.0% || 0.0% || 0.0% || 0.0% ||

IKAROS RADIO AND TV ENTERPRISES S.A. || KRHTH TV || NC || 80.0% || NC || 25.0% || NC || NC ||

MAD TV ΑΝΩΝΥΜΗ ΕΤΑΙΡΕΙΑ || MAD GREEKZ   (on NOVA as of  12/9/2008) || 100.0% || 100.0% || 100.0% || 100.0% || 85.0% || 85.0% ||

MAD TV ΑΝΩΝΥΜΗ ΕΤΑΙΡΕΙΑ || MAD MUSIC AWARDS || 80.0% || 75.0% || 80.0% || 75.0% || 85.0% || 70.0% ||

MAD TV ΑΝΩΝΥΜΗ ΕΤΑΙΡΕΙΑ || MAD TV || 78.0% || 80.0% || 78.0% || 80.0% || 75.0% || 78.0% ||

MAKEDONIA TV S.A. || MAKEDONIA TV || 61.9% || 55.6% || 18.2% || 19.5% || 90.0% || 95.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || ALPHA || 59.7% || 60.4% || 53.8% || 53.8% || 54.6% || 55.2% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || ALTER || 95.3% || 95.3% || 33.2% || 33.2% || 52.4% || 52.4% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || ANIMAL PLANET || 49.9% || 71.5% || 15.1% || 15.1% || 11.1% || 18.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || ANTENNA || 55.2% || 54.8% || 97.1% || 97.1% || 90.1% || 82.8% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || BOOMERANG || 6.9% || 6.9% || 6.7% || 6.7% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || CARTOON NETWORK || 35.1% || 35.1% || 18.1% || 18.1% || 16.5% || 16.5% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || CHASSE & PECHE (removed from NOVA Platfrom from 01/03/2011) || 67.6% || NC || 0.0% || NC || 0.0% || NC ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || DISCOVERY || 51.0% || 57.8% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || DISNEY CHANNEL || 93.9% || 19.6% || 4.9% || 4.9% || 4.9% || 2.3% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || DISNEY XD  || 8.5% || 7.9% || 8.5% || 8.5% || 5.3% || 1.7% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || E!  ENTERTAINMENT || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || ET1 || 73.1% || 76.8% || 12.7% || 12.7% || 4.4% || 4.6% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || ET3 || 59.5% || 32.6% || 16.7% || 16.7% || 10.9% || 1.8% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || FOX LIFE   || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || FX || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || HISTORY CHANNEL || 34.1% || 24.6% || 15.4% || 15.4% || 3.9% || 2.8% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MAD GREEKZ || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MAKEDONIA TV || 61.9% || 55.6% || 11.3% || 11.3% || 61.9% || 55.6% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MEGA || 94.3% || 91.0% || 49.9% || 49.9% || 73.6% || 74.6% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MEZZO                         || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MGM || 13.7% || 12.1% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MOTORV TV    || 6.4% || 2.7% || 5.6% || 5.6% || 5.2% || 2.7% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MTV EUROPE || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || MTV GREECE || 70.0% || 70.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NATIONAL GEOGRAPHIC || 32.1% || 38.8% || 31.6% || 31.6% || 25.4% || 12.7% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NET  || 76.0% || 76.6% || 9.6% || 9.6% || 3.3% || 2.2% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVACINEMA 4 (SUMMER CINEMA) || 84.2% || 100.0% || 23.5% || 23.5% || 100.0% || 50.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVACINEMA1 / HD || 51.0% || 52.3% || 18.7% || 18.7% || 84.3% || 97.6% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVACINEMA2 || 51.4% || 51.1% || 15.2% || 15.2% || 84.0% || 76.1% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVACINEMA3 || 50.0% || 50.7% || 25.4% || 25.4% || 89.4% || 76.9% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVASPORTS 1 / HD || 45.5% || 40.4% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVASPORTS 2 || 64.1% || 54.1% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVASPORTS 3 || 45.7% || 46.5% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVASPORTS 4 || 51.0% || 44.5% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVASPORTS 6 || 100.0% || 72.2% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || NOVASPORTS 7 || 34.7% || 33.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || PLAYBOY CHANNEL     || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || PRIVATE SPICE    || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || SKAI TV    || 69.2% || 58.5% || 22.0% || 22.0% || 55.0% || 49.7% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || STAR || 51.1% || 51.0% || 20.8% || 20.8% || 41.7% || 41.2% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || TCM    (removed from NOVA Plaform from 01/06/2009) || 47.7% || NC || 0.0% || NC || 0.0% || NC ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || TRAVEL CHANNEL || 49.9% || 54.8% || 10.5% || 10.5% || 10.7% || 10.6% ||

MULTICHOICE ΕΛΛΑΣ Α.Ε.Ε. || VH1 || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

New Television SA || Star Channel || 50.0% || 51.0% || 20.7% || 27.5% || 80.0% || 82.0% ||

RADIOTELEOPTIKI SA || 902 TV || 62.9% || 62.9% || 36.0% || 35.4% || 4.1% || 4.6% ||

STAR-ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΟΣ ΟΡΓΑΝΙΣΜΟΣ ΚΕΝΤΡΙΚΗΣ ΕΛΛΑΔΟΣ Α.Ε. || STAR CHANNEL KENTRIKHS ELLADOS || 65.0% || 65.0% || 17.5% || 25.0% || 100.0% || 100.0% ||

TOP CHANNEL S.A. || TOP CHANNEL || 65.0% || 64.0% || 30.5% || 32.0% || 78.0% || 79.0% ||

Α.Ε. ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΩΝ ΕΠΙΧΕΙΡΗΣΕΩΝ-TV ΧΑΛΚΙΔΙΚΗ || XTV || 60.0% || 60.0% || 60.0% || 77.0% || 20.0% || 77.0% ||

ΑRT  TV ΓΚΑΝΙΑΤΣΑΣ ΑΕ || ART TV || NC || 88.7% || NC || 50.5% || NC || 81.1% ||

ΑΧΑΪΚΕΣ ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΕΣ ΠΑΡΑΓΩΓΕΣ & ΕΚΜΕΤΑΛΛΕΥΣΕΙΣ || TELETIME || 75.4% || 64.4% || 30.0% || 40.0% || 10.0% || 10.0% ||

ΒΟΥΛΗ || ΚΑΝΑΛΙ ΒΟΥΛΗΣ || 90.0% || 90.0% || 25.0% || 25.0% || 30.0% || 30.0% ||

ΔΕΛΤΑ ΤΗΛΕΟΡΑΣΗ Α.Ε. || ΔΕΛΤΑ ΤΗΛΕΟΡΑΣΗ || 82.0% || 75.0% || 27.0% || 25.0% || 90.0% || 90.0% ||

ΔΕΠΘΕ || TV100 || 94.0% || 96.0% || 20.0% || 20.0% || 5.0% || 4.0% ||

ΔΙΟΝ ΤΗΛΕΟΡΑΣΗ Α.Ε. || DION TV || 80.3% || 85.6% || 19.7% || 14.4% || 80.0% || 86.0% ||

ΕΡΤ ΑΕ || ΕΤ1 || 73.0% || 77.0% || 13.0% || 12.0% || 35.0% || 38.0% ||

ΕΡΤ ΑΕ || ΝΕΤ || 76.0% || 77.0% || 10.0% || 12.0% || 35.0% || 20.0% ||

ΗΧΟΕΙΚΟΝΑ/ΤΗΛΕΟΠΤΙΚΟΣ ΔΙΑΥΛΟΣ Κ/Δ ΜΑΚΕΔΟΝΙΑΣ Α.Ε || West Channel || NC || 70.3% || NC || 27.8% || NC || 100.0% ||

ΘΡΑΚΙΚΗ ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΗ Α.Ε. || XANTHI CHANNEL || 73.2% || 73.0% || 10.0% || 10.0% || 20.0% || 20.0% ||

ΘΡΑΚΙΚΗ ΤΗΛΕΟΡΑΣΗ Α.Ε. || EGNATIA T.V. || 75.5% || 75.5% || 10.0% || 10.0% || 20.0% || 20.0% ||

ΙΔΙΩΤΙΚΗ ΤΗΛΕΟΡΑΣΗ ΒΟΡΕΙΟΔΥΤΙΚΗΣ ΕΛΛΑΔΟΣ ΟΡΕΣΤΙΔΑ Α.Ε. || FLASH TV || 71.0% || 71.0% || 7.1% || 7.1% || 100.0% || 100.0% ||

ΚΙΝΗΜΑΤΟΓΡΑΦΙΚΗ ΚΑΙ ΤΗΛΕΟΠΤΙΚΗ ΑΒΕΕ || ΤΗΛΕΟΡΑΣΗ ΚΥΔΩΝ || 76.0% || 78.0% || 20.0% || 21.0% || 48.0% || 50.0% ||

ΚΟΣΜΟΡΑΔΙΟΤΗΛΕΟΠΤΙΚΗ Α.Ε. || ΚΑΝΑΛΙ 9 ΘΕΣΣΑΛΟΝΙΚΗΣ || NC || 52.3% || NC || 52.3% || NC || 66.0% ||

ΠΑΓΚΡΗΤΙΑ ΡΑΔΙΟΤΗΛΕΟΡΑΣΗ Α.Ε. || TV CRETA || 72.0% || 76.0% || 26.0% || 28.0% || NC || NC ||

ΠΕΡΘΩ ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΗ Α.Ε. || NICKELODEON+ (ex. MTV+) || NC || 24.3% || NC || 14.3% || NC || 14.3% ||

ΡΑΔ/ΚΕΣ ΕΠ. ΣΤΕΡ.ΕΛΛ. || ΈΝΑ TV || NC || 71.2% || NC || 28.5% || NC || 100.0% ||

ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΕΣ ΕΠΙΧΕΙΡΗΣΕΙΣ CHANNEL NINE-9 Α.Ε. || CHANNEL 9 || NC || 56.2% || NC || 26.9% || NC || 27.0% ||

ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΗ Α.Ε.ΓΝΩΜΗ ΤΟΥ ΠΟΛΙΤΗ || ΓΝΩΜΗ ΤΗΛΕΟΡΑΣΗ || 80.0% || 75.0% || 35.0% || 48.0% || 10.0% || 23.0% ||

ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΗ ΚΑΒΑΛΑΣ Α.Ε. || ENA CHANNEL || 100.0% || 100.0% || 24.0% || 24.0% || 11.0% || 11.0% ||

ΡΑΔΙΟΤΗΛΕΟΡΑΣΗ Α.Ε.-ART STUDIOS || Flextech || 65.0% || 67.0% || 35.0% || 35.0% || 35.0% || 35.0% ||

ΣΑΜΙΑΚΗ ΤΗΛΕΟΡΑΣΗ Α.Ε. || ΣΑ.Τ. || 80.0% || 80.0% || 10.0% || 10.0% || 0.0% || 0.0% ||

ΤΗΛΕΚΙΝΗΣΗ ΑΝΩΝΥΜΟΣ ΡΑΔΙΟΤΗΛΕΟΠΤΙΚΗ ΚΙΝ/ΚΗ ΔΙΑΦΗΜΙΣΤΙΚΗ & ΕΚΔΟΤΙΚΗ ΕΤΑΙΡΙΑ || NICKELODEON GREECE || NC || 74.2% || NC || 65.0% || NC || 65.0% ||

ΤΗΛΕΟΡΑΣΗ ΜΑΚΕΔΟΝΙΑΣ-ΘΡΑΚΗΣ Α.Ε || CENTER TV KAVALA || 55.0% || 60.0% || 10.0% || 5.0% || 62.0% || 67.0% ||

ΤΗΛΕΤΥΠΟΣ Α.Ε.ΤΗΛΕΟΠΤΙΚΩΝ ΠΡΟΓΡΑΜΜΑΤΩΝ || MEGA TV || 87.9% || 90.9% || 46.6% || 57.2% || 76.0% || 79.2% ||

|| || || || || || || ||

Covered Channels (IND 1) || 87 || 87 || 87 || 87 || - || - ||

Compliance rate (IND 3 and 5) || 70.1% || 74.7% || 58.6% || 66.7% || - || - ||

Average % (IND 2, 4, and 6) || 62.6% || 61.0% || 19.7% || 22.3% || 34.0% || 36.8% ||

PART 2 – Comments

Monitoring method

Data is collected from national and regional channels by the competent Ministry on the basis of a survey. Data is then assessed by the independent regulatory authority (NCRTV).

Out of the 69 legally operating regional channels, 25 private channels refused to reply to the Ministry’s survey on the implementation of Articles 16 and 17 of the Directive, despite persistent requests and without providing any written justification for their failure to submit data.

The data provided in the Greek report concerns 11 national broadcasters, one encrypted pay-television channel and 28 regional broadcasters.

A) Reasons given by the Member State for failure to reach

A majority proportion of European works (Article 16):

Regarding national channels, on the basis of document 733/27/01/2012 and following inspection by the NCRTV, a majority of channels complied with the European quotas set out in the AVMS Directive in 2009 and 2010.

The Company Forthnet S.A. Pay Television Services- Telcommunications Services, as part of its activity in 2009 and 2010, broadcasted on two frequencies of ERT S.A. the following thematic channels: a) Novacinema 1 (formerly Filmnet 1), which broadcasts films; b) Novasports 1 (formerly Supersport 1), which broadcasts sporting events and c) Disney XD (formerly Jetix), which broadcasts children’s content. The data submitted were collected from records and databases maintained by the individual departments in charge of the content broadcast. These records draw upon data given by providers of this content (television operators, film studios...). In the particular case of Novasports 1, which consists mostly of live or recorded broadcasts of sporting events, transmission time was calculated as the portion devoted to domestically produced sport programmes. The programme of Disney XD (formerly Jetix) is produced by the well-known US-based content provider Walt Disney Company. In any case, the children’s channel in question is broadcasted via the same frequency, i.e. as a single channel as the sport channel Novasports 1; therefore the figures for these channels are combined. They are below the proportions set out in Articles 16 and 17 of the Directive.

44 regional private television channels responded to the Ministry’s survey. Of these channels, 28 submitted a complete information, but nine (Art TV, Ena TV, West Channel, Kriti TV (Crete TV), Super TV, Channel 9, Nickelodeon, Kanali 9 and Nickelodeon + were unable to submit data for the reference period, and precisely for the year 2009, as they had not kept records for that period. Another four channels, Attica TV (Athens), 0-6 TV (Athens), Vergina TV (Thessaloniki) and Zeus TV (Thessaloniki) stated that they were not aware that they had to maintain a record of programme flow for no less than three calendar years, as no provision stipules that such a record needs to be maintained, nor do the television channels possess the adequate infrastructure for such a large database. For the reasons mentioned above, the channels in question did not submit any data.

Finally, both state and private national and regional television channels which responded in some way to the Ministry’s survey on the application of Articles 16 and 17 of the Directive declared that they would make every effort to improve their performance so as to comply with the provisions of the Directive.

2. A minimum proportion of European works by independent producers (Article 17):

See above

B) Measures taken or envisaged by the Member State

The competent Department of the Ministry sent statistical data for monitoring to the NCRTV, which is the competent independent administrative authority for issuing licenses to broadcasters. In its letter ref. 733/27/1/2012, the NCRTV stated the following: ‘In response to your letter ref. 1533/23/1/2012, we inform you that, having considered the data you submitted we confirm that all national television channels as well as the terrestrial pay channels Novacinema 1 and Novasports/Disney XD fulfil the obligations set out in Articles 17-19 of Presidential Decree 109/2010. One channel (Star Channel) declares that 50% of its programming time in 2009 was devoted to European works, while three television channels (ET3, Alter and Alpha) have not yet submitted their data. As for the latter three channels, we reserve the right to take further action.’

C) Further comments

3.9. Spain

PART 1 - Statistical data

|| || || || || || || ||

Number of channels identified: || 175 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 145 || Quota: || 28 || Reporting: || 117 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ANTENA 3 DE TELEVISION SA || Antena 3 || 67.6% || 72.7% || 47.9% || 49.4% || 95.4% || 96.6% ||

ANTENA 3 DE TELEVISION SA || Neox || 59.0% || 39.9% || 48.6% || 25.4% || 88.0% || 74.2% ||

ANTENA 3 DE TELEVISION SA || Nitro || NO || 35.6% || NO || 34.9% || NO || 80.0% ||

ANTENA 3 DE TELEVISION SA || Nova || 76.6% || 57.3% || 52.7% || 40.0% || 63.3% || 59.7% ||

CANAL SUR TELEVISION SA || Canal Sur || 72.2% || 71.3% || 17.7% || 15.0% || NC || NC ||

CANAL SUR TELEVISION SA || Canal Sur 2 || 90.8% || 91.7% || 16.2% || 22.5% || NC || NC ||

CORPORACIÓN RTVE S.A. || Clan TVE || 32.2% || 45.0% || 16.1% || 40.3% || 64.8% || 81.0% ||

CORPORACIÓN RTVE S.A. || TVE La 1 || 68.8% || 65.5% || 7.6% || 18.8% || 22.2% || 79.3% ||

CORPORACIÓN RTVE S.A. || TVE La 2 || 87.0% || 84.0% || 17.4% || 33.9% || 20.6% || 78.0% ||

DISTRIBUIDORA DE TELEVISIÓN DIGITAL SA || Canal+ España || 42.3% || 42.5% || 27.4% || 29.4% || 98.0% || 96.5% ||

EMISSIONS DIGITALS DE CATALUNYA SA. || 8TV || NC || 51.6% || NC || 0.0% || NC || 0.0% ||

EUSKAL TELEBISTA TELEVISION VASCA, S.A. || ETB 2 || 51.8% || 60.4% || 18.6% || 52.3% || 21.3% || 79.3% ||

FOX INTERNATIONAL CHANNELS ESPANA S.L. || Fox España || 4.2% || 6.9% || 4.2% || 0.3% || 100.0% || 100.0% ||

GESTORA DE INVERSIONES AUDIOVISUALES LA SEXTA S.A. || La Sexta || 51.4% || 57.2% || 47.6% || 43.9% || 99.9% || 97.4% ||

MEDIASET ESPAÑA COMUNICACIÓN SA || Cuatro || 50.5% || 58.2% || 26.8% || 41.3% || 65.3% || 85.2% ||

MEDIASET ESPAÑA COMUNICACIÓN SA || FDF (Factoría de Ficción) || 58.0% || 67.0% || 57.5% || 67.0% || 48.4% || 77.9% ||

MEDIASET ESPAÑA COMUNICACIÓN SA || La Siete || 85.8% || 90.1% || 83.3% || 88.9% || 99.8% || 96.7% ||

MEDIASET ESPAÑA COMUNICACIÓN SA || Telecinco || 78.3% || 84.6% || 75.7% || 84.3% || 99.2% || 98.8% ||

RADIO TELEVISION AUTONOMICA VALENCIANA SA || Canal 9 || 53.9% || 57.6% || 34.0% || 31.8% || 70.2% || 73.1% ||

RADIO TELEVISIÓN CANARIA || TVCanaria || 46.6% || 37.8% || 46.6% || 27.8% || 79.8% || 100.0% ||

SOCIEDAD GESTORA DE TELEVISION NET TV SA || Disney Channel || 44.1% || 50.4% || 39.8% || 44.0% || 47.5% || 52.5% ||

SOCIEDAD GESTORA DE TELEVISION NET TV SA || Intereconomia TV || 92.7% || 85.9% || 28.7% || 42.6% || 26.0% || 53.0% ||

SPTI NETWORKS IBERIA S.L. || AXN || 29.1% || 27.7% || 22.9% || 22.5% || 78.3% || 77.7% ||

TELEVISIO DE CATALUNYA SA || K3/33 || 69.6% || 85.0% || 41.9% || 47.3% || 70.9% || 74.8% ||

TELEVISIO DE CATALUNYA SA || TV3 || 75.1% || 75.3% || 25.7% || 34.1% || 67.7% || 77.8% ||

TELEVISION AUTONOMIA MADRID SA || Telemadrid || 45.2% || 47.5% || 10.4% || 10.1% || 94.7% || 98.1% ||

TELEVISION AUTONOMICA DE ARAGON SOCIEDAD ANONIMA. || Aragon television || 53.0% || 44.7% || 10.9% || 11.4% || 20.4% || 26.3% ||

TELEVISION AUTONOMICA DE CASTILLA-LA MANCHA S.A. || Castilla La Mancha Televisión (CMT) || 62.9% || 52.6% || 27.0% || 17.0% || 77.4% || 25.3% ||

TELEVISION DE GALICIA SA || TVG || 70.7% || 74.1% || 28.3% || 21.9% || 70.6% || 68.5% ||

VEO TELEVISION S.A. || Veo7 || 66.0% || 68.6% || 16.5% || 31.6% || 0.0% || NC ||

|| || || || || || || ||

Covered Channels (IND 1) || 29 || 30 || 29 || 30 || - || - ||

Compliance rate (IND 3 and 5) || 72.4% || 70.0% || 89.7% || 93.3% || - || - ||

Average % (IND 2, 4, and 6) || 60.2% || 59.6% || 32.1% || 34.3% || 65.0% || 74.4% ||

PART 2 – Comments

Monitoring method

1. Data are supplied by the audiovisual media service providers themselves (in the case of service providers providing national coverage) or by the Autonomous Communities (in the case of service providers providing regional coverage under the control of the Autonomous Communities).

2. Data are collected by a company specialising in the television broadcasting sector with which the Spanish administration has a technical assistance contract.

3. The data are checked and analysed before the final assessment.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

In general, the various audiovisual media service providers who are obliged to report their data because they have an audience share greater than 0.3 % meet the requirements laid down in Article 16 of the Directive. However, there are various reasons for the required proportions not having been reached in some cases:

· There are some television channels that have started broadcasting recently as a consequence of the widespread use of DTT and whose proportion reserved for European works will have to be reached gradually on the basis of suitable criteria, as provided for in Article 16(1) of the Directive.

· There are also other channels which are by nature thematic and targeted towards a niche audience and have a very low audience share, sometimes lower than 0.5 %, which must be taken into account when assessing compliance with proportions.

· The required proportion may not be reached by a single channel while still being reached by a group of channels from a single service provider when compliance with proportions is applied to the total broadcasting time of its channels.

2. Minimum proportion of European works by independent producers (Article 17):

Although the degree of compliance here is higher than for Article 16, the reasons for failure to reach the threshold set for broadcasting European works by independent producers are the same as those mentioned in the previous paragraph, i.e. recent broadcasting start-date for some channelsand thematic nature with a niche audience for others.

B) Measures taken or envisaged by the Member State

If there is deemed to be generalised and recurring non-compliance by one of the audiovisual media service providers under Spanish jurisdiction, not covered by one of the justifying reasons, and the proportions of European works and European works by independent producers laid down in Articles 16 and 17 of the Directive are not reached, or supposing that a service provider no longer meets these proportions, the Spanish Administration will give notice to the broadcasters (or to the Autonomous Communities in the case of regional broadcasters) that they must attain the required proportions. In the case of continued non-compliance, and if this is of a serious nature, the Spanish Administration will impose penalties on broadcasters under the State’s jurisdiction or urge the Autonomous Communities to take the necessary enforcement measures in respect of broadcasters under their jurisdiction.

C) Further comments

No further comments.

3.10. France

PART 1 - Statistical data

|| || || || || || || ||

Number of channels identified: || 160 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 57 || Quota: || 32 || Reporting: || 25 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

AB 1/Groupe AB || AB 1 || 67.0% || 71.0% || 6.0% || 4.0% || 9.0% || 34.0% ||

AB SAT/Groupe AB || AB Moteurs || 65.0% || 69.0% || 58.0% || 54.0% || 94.0% || 72.0% ||

AB SAT/Groupe AB || Action || 61.0% || 68.0% || 58.0% || 68.0% || 4.0% || 4.0% ||

AB SAT/Groupe AB || Animaux || 81.0% || 89.0% || 66.0% || 72.0% || 15.0% || 22.0% ||

AB SAT/Groupe AB || Chasse et pêche || 99.8% || 98.0% || 85.0% || 84.0% || 17.0% || 19.0% ||

AB SAT/Groupe AB || Cine FX || 66.0% || 68.0% || 60.0% || 64.0% || 7.0% || 5.0% ||

AB SAT/Groupe AB || Ciné Polar || 71.0% || 64.0% || 68.0% || 61.0% || 1.0% || 2.0% ||

AB SAT/Groupe AB || Encyclopedia || 83.0% || 75.0% || 77.0% || 66.0% || 19.0% || 34.0% ||

AB SAT/Groupe AB || Escales || 84.0% || 87.0% || 62.0% || 57.0% || 34.0% || 56.0% ||

AB SAT/Groupe AB || Mangas || 61.0% || 61.0% || 51.0% || 51.0% || 0.4% || 2.7% ||

AB SAT/Groupe AB || Toute l'Histoire || 84.0% || 89.0% || 76.0% || 79.0% || 29.0% || 38.0% ||

AB SAT/Groupe AB || XXL || 74.0% || 74.0% || 66.0% || 66.0% || 70.0% || 70.0% ||

AFRIMÉDIA || Africabox TV || NO || 41.0% || NO || 27.0% || NO || 33.0% ||

BERBERE TELEVISION || Berbere Television || 100.0% || NC || NC || NC || NC || NC ||

BEUR TV || Beur TV || NC || NC || NC || NC || NC || NC ||

CANAL J/ Groupe Lagardère || Canal J (depuis 1er 7 2010) || 77.0% || 85.0% || 76.0% || 83.0% || 40.0% || 49.0% ||

CANAL J/ Groupe Lagardère || June || 61.0% || 63.0% || 60.0% || 59.0% || 23.0% || 48.0% ||

CANAL J/ Groupe Lagardère || Tiji || 73.0% || 75.0% || 77.0% || 69.0% || 47.0% || 63.0% ||

CANAL PLUS/Groupe Canal+ || Canal+ (*) || 73.0% || 69.0% || 11.0% || 14.0% || 93.0% || 99.0% ||

CANAL PLUS/Groupe Canal+ || Canal+ Cinéma (*) || 73.0% || 69.0% || 11.0% || 14.0% || 93.0% || 99.0% ||

CANAL PLUS/Groupe Canal+ || Canal+ Décalé (*) || 73.0% || 69.0% || 11.0% || 14.0% || 93.0% || 99.0% ||

CANAL PLUS/Groupe Canal+ || Canal+ Family (*) || 73.0% || 69.0% || 11.0% || 14.0% || 93.0% || 99.0% ||

CANAL PLUS/Groupe Canal+ || Canal+ Sport (*) || 73.0% || 69.0% || 11.0% || 14.0% || 93.0% || 99.0% ||

CUISINE TV SAS/Groupe Canal+ || Cuisine TV || 74.0% || 75.0% || 45.0% || 43.0% || 78.0% || 80.0% ||

DIRECT 8/Groupe Bolloré || Direct 8 (*) || 83.5% || 87.9% || 13.0% || 14.0% || 30.0% || 36.0% ||

DU COTE DE CHEZ VOUS TV/Groupe Canal+ || Télé Maison || 58.0% || 60.0% || 24.0% || 36.0% || 100.0% || 100.0% ||

EDI-TV/ Groupe M6 || M6 Music Black || 61.0% || 67.0% || 55.0% || 59.0% || 93.0% || 89.0% ||

EDI-TV/ Groupe M6 || M6 Music Club || 87.0% || 81.0% || 78.0% || 78.0% || 90.0% || 88.0% ||

EDI-TV/ Groupe M6 || M6 Music Hits || 74.0% || 71.0% || 64.0% || 64.0% || 89.0% || 91.0% ||

EDI-TV/ Groupe M6 || W9 (*) || 74.5% || 75.7% || 8.0% || 11.0% || 30.0% || 51.0% ||

EQUIDIA || Equidia || 94.0% || 76.0% || 81.0% || 70.0% || 93.0% || 99.0% ||

EXTENSION TV/Groupes TF1 et M6 || Série Club || 58.0% || 59.0% || 19.0% || 19.0% || 12.0% || 19.0% ||

FOX INTERNATIONAL CHANNELS France || Voyage || 88.0% || 88.0% || 50.0% || 48.0% || 72.0% || 75.0% ||

FRANCE TÉLÉVISIONS || France 2 (*) || 86.6% || 85.6% || 22.0% || 22.0% || 98.0% || 98.0% ||

FRANCE TÉLÉVISIONS || France 3 (*) || 83.0% || 84.2% || 22.0% || 22.0% || 98.0% || 98.0% ||

FRANCE TÉLÉVISIONS || France 4 (*) || 69.1% || 73.5% || 22.0% || 22.0% || 98.0% || 98.0% ||

FRANCE TÉLÉVISIONS || France 5 (*) || 88.1% || 88.5% || 22.0% || 22.0% || 98.0% || 98.0% ||

GAME ONE || Game One || 68.0% || 74.0% || 19.0% || 22.0% || 85.0% || 77.0% ||

HISTOIRE SA/Groupe TF1 || Histoire || 93.0% || 94.0% || 65.0% || 64.0% || 49.0% || 52.0% ||

INDEPENDANT FILM TELEVISION || IF Télévision || NO || NC || NO || NC || NO || NC ||

JEUNESSE TV/Groupe Lagardère || Gulli (*) || 62.3% || 75.0% || 10.0% || 10.0% || 57.0% || 40.0% ||

JIMMY COMEDIE/Groupe Canal+ || Comédie ! || 71.0% || 58.0% || 58.0% || 57.0% || 31.0% || 32.0% ||

JIMMY COMEDIE/Groupe Canal+ || Jimmy || 73.0% || 74.0% || 68.0% || 69.0% || 39.0% || 29.0% ||

KIOSQUE/Groupe Canal+ || Ciné+ || 67.0% || 65.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

MCM/BOLLORÉ (depuis septembre 2010) || Virgin 17 (*)/Direct Star depuis septembre 2010) || 70.4% || 39.8% || 12.0% || 8.0% || 17.0% || 0.0% ||

MCM/CANAL J depuis le 1er juillet 2010/Groupe Lagardère || MCM || 62.0% || 58.0% || 55.0% || 46.0% || 97.0% || 92.0% ||

MCM/CANAL J depuis le 1er juillet 2010/Groupe Lagardère || MCM Pop || 78.0% || 72.0% || 77.0% || 71.0% || 65.0% || 58.0% ||

MCM/CANAL J depuis le 1er juillet 2010/Groupe Lagardère || MCM Top || 64.0% || 63.0% || 61.0% || 60.0% || 99.0% || 92.0% ||

METROPOLE TELEVISION/Groupe M6 || M6 (*) || 70.2% || 69.6% || 14.0% || 13.0% || 96.0% || 97.0% ||

MEZZO/Groupe Lagardère || Mezzo || 93.0% || 92.0% || 89.0% || 89.0% || 82.0% || 81.0% ||

MEZZO/Groupe Lagardère || Mezzo Live HD || NO || NC || NO || NC || NO || NC ||

Mizik Tropical || ACI || 100.0% || 65.0% || 100.0% || 65.0% || 85.0% || 92.0% ||

MOTORS TV || Motors TV || 87.0% || 88.0% || 80.0% || 82.0% || 99.0% || 100.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Classic || 75.0% || 72.0% || 48.0% || 38.0% || 19.0% || 13.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Club || 82.0% || 78.0% || 56.0% || 54.0% || 43.0% || 46.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Emotion || 70.0% || 71.0% || 60.0% || 41.0% || 32.0% || 42.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Famiz || 70.0% || 73.0% || 49.0% || 44.0% || 52.0% || 33.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Frisson || 68.0% || 70.0% || 40.0% || 46.0% || 38.0% || 55.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Premier || 67.0% || 71.0% || 59.0% || 47.0% || 68.0% || 56.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Cinécinéma Star || 72.0% || 69.0% || 48.0% || 45.0% || 2.0% || 1.0% ||

MULTITHEMATIQUES/Groupe Canal+ || Seasons || 100.0% || 91.0% || 83.0% || 84.0% || 70.0% || 71.0% ||

NBC UNIVERSAL GLOBAL NETWORKS FRANCE || 13ème Rue || 64.0% || 64.0% || 55.0% || 59.0% || 55.0% || 29.0% ||

NOLIFE S.A. || Nolife || 78.0% || 77.0% || 78.0% || 71.0% || 98.0% || 42.0% ||

NRJ 12/Groupe NRJ || NRJ 12 (*) || 59.7% || 61.5% || 16.0% || 12.0% || 73.0% || 43.0% ||

NRJ Groupe/Groupe NRJ || NRJ Hits || 60.0% || 61.0% || 56.0% || 58.0% || 99.0% || 99.6% ||

NT1/Groupe TF1 || NT1 (*) || 58.9% || 59.0% || 12.0% || 12.0% || 98.0% || 98.0% ||

ORANGE CINÉMA || Orange Ciné Choc || 60.0% || 60.0% || 55.0% || 60.0% || 27.0% || 22.0% ||

ORANGE CINÉMA || Orange Ciné Géant || 63.0% || 62.0% || 60.0% || 62.0% || 11.0% || 4.0% ||

ORANGE CINÉMA || Orange Ciné Happy || 61.0% || 57.0% || 54.0% || 57.0% || 25.0% || 18.0% ||

ORANGE CINÉMA || Orange Ciné Max || 56.0% || 54.0% || 47.0% || 53.0% || 59.0% || 44.0% ||

ORANGE CINÉMA || Orange Ciné Novo || 62.0% || 59.0% || 56.0% || 59.0% || 29.0% || 31.0% ||

ORANGE SPORTS || Orange Sport || EX || 66.0% || EX || 54.0% || EX || 90.0% ||

ORANGE SPORTS || Orange Sport Infos || 100.0% || 100.0% || 72.0% || 100.0% || 100.0% || 100.0% ||

PARIS PREMIERE/Groupe M6 || Paris Premiere || 69.0% || 73.0% || 59.0% || 66.0% || 67.0% || 34.0% ||

PINK TV || Pink TV || 67.0% || 51.0% || 99.0% || NC || 100.0% || NC ||

PINK TV || Pinx TV || 58.0% || NC || 58.0% || NC || 38.0% || NC ||

PLANETE CABLE/Groupe Canal+ || Planète || 73.0% || 74.0% || 65.0% || 98.0% || 74.0% || 69.0% ||

PLANETE CABLE/Groupe Canal+ || Planète Justice || 72.0% || 71.0% || 71.0% || 68.0% || 28.0% || 59.0% ||

PLANETE CABLE/Groupe Canal+ || Planète No Limit || 69.0% || 58.0% || 52.0% || 58.0% || 62.0% || 71.0% ||

PLANETE CABLE/Groupe Canal+ || Planète Thalassa || 94.0% || 98.0% || 44.0% || 46.0% || 66.0% || 48.0% ||

SENIOR COMMUNICATIONS || Télé Melody || 73.0% || 70.0% || 73.0% || 70.0% || 0.0% || 1.0% ||

SOCIETE D'EDITION DE PROGRAMMES THEMATIQUES/Groupe M6 || Téva || 66.0% || 62.0% || 56.0% || 54.0% || 32.0% || 45.0% ||

SOCIÉTÉ EUROPÉENNE DES NOUVELLES TECHNOLOGIES DE L'INFORMATION (SENTI) || Ma Chaîne Etudiante || NO || NC || NO || NC || NO || NC ||

SOCIETE INTERNATIONALE TELEVISION COMMUNICATION || KTO || 100.0% || 100.0% || 22.0% || 29.0% || 76.0% || 64.0% ||

SOCIETE PANEUROPEENNE D'EDITION ET EXPLOITATION DE DOCUMENTAIRES/Groupe TF1 || Ushuaia TV || 71.0% || 72.0% || 41.0% || 36.0% || 65.0% || 79.0% ||

STE D'EXPLOITATION DE DOCUMENTAIRES/Groupe TF1 || Odyssée || 80.0% || 71.0% || 57.0% || 60.0% || 78.0% || 74.0% ||

TELEVISION FRANCAISE 1/Groupe TF1 || TF1 (*) || 62.5% || 62.8% || 12.0% || 12.0% || 98.0% || 98.0% ||

TELEVISTA || Vivolta || 73.0% || 66.0% || 53.0% || 53.0% || 46.0% || 67.0% ||

TF6/Groupes TF1 et M6 || TF6 || 55.0% || 56.0% || 22.0% || 55.0% || 13.0% || 42.0% ||

THE WALT DISNEY COMPANY FRANCE SA || Disney Channel France || 59.0% || 54.0% || 56.0% || 48.0% || 44.0% || 68.0% ||

THE WALT DISNEY COMPANY FRANCE SA || Disney Channel France +1 || 59.0% || 54.0% || 56.0% || 48.0% || 44.0% || 68.0% ||

THE WALT DISNEY COMPANY FRANCE SA || Disney XD || 62.0% || 61.0% || 37.0% || 48.0% || 95.0% || 95.0% ||

THE WALT DISNEY COMPANY FRANCE SA || Playhouse Disney France || 66.0% || 63.0% || 63.0% || 59.0% || 32.0% || 42.0% ||

TMC/Groupe TF1 || TMC (*) || 60.9% || 61.5% || 12.0% || 12.0% || 98.0% || 98.0% ||

TPS CINEMA/Groupe Canal+ || TPS Star || 61.0% || 62.0% || 61.0% || 53.0% || 68.0% || 71.0% ||

TPS JEUNESSE/MULTITHÉMATIQUES depuis 2010/Groupe Canal+ || Piwi || 70.0% || 68.0% || 70.0% || 68.0% || 37.0% || 37.0% ||

TPS JEUNESSE/MULTITHÉMATIQUES depuis 2010/Groupe Canal+ || Télétoon || 68.0% || 72.0% || 68.0% || 72.0% || 71.0% || 47.0% ||

TPS JEUNESSE/MULTITHÉMATIQUES depuis 2010/Groupe Canal+ || Télétoon +1 || 68.0% || 72.0% || 68.0% || 72.0% || 71.0% || 47.0% ||

TRACE TROPICAL SA || Trace Tropical || 50.0% || 38.0% || 43.0% || 34.0% || 81.0% || 88.0% ||

TRACE TV || Trace TV || 55.0% || 47.0% || 40.0% || 39.0% || 94.0% || 95.0% ||

TV BREIZH/Groupe TF1 || TV Breizh || 56.0% || 58.0% || 30.0% || 42.0% || 51.0% || 47.0% ||

TV5 MONDE || TV5MONDE || 88.0% || 80.0% || 61.0% || 65.0% || NC || NC ||

WIAM, WIRELESS AND INTERNET AFROMÉDIA (SARL) || 3A Télésud || NC || 70.0% || NC || 14.0% || NC || 100.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 98 || 103 || 98 || 103 || - || - ||

Compliance rate (IND 3 and 5) || 98.0% || 90.3% || 94.9% || 91.3% || - || - ||

Average % (IND 2, 4, and 6) || 72.3% || 70.1% || 50.4% || 49.5% || 59.4% || 60.0% ||

|| || || || || || || ||

PART 2 – Comments

Monitoring method

Broadcasting:

Terrestrial channels: check on daily programming using the CSA database.

Non-terrestrial channels: broadcasters' declaration examined and checked by the CSA.

Services with an annual budget below €150,000 are not required to submit annual results, therefore no data on compliance with Articles 16 and 17 of the Directive is available.

Production:

Terrestrial channels: broadcasters' declaration checked by the CSA

Non-terrestrial channels: broadcasters' declaration checked by the CSA.

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Article 16):

The data declared under the 'EW' quota are calculated by using the definition of a 'European work' in the Audiovisual Media Services Directive.

2. A minimum proportion of European works by independent producers (Article 17):

With regard to free-of-charge terrestrial channels, excluding news channels (France 2, France 3, France 4, France 5, Gulli, M6, NRJ 12, NT1, TF1, Virgin17/Direct Star and W9) as well as Canal+ and its derivatives the 'IP' and 'RW' quotas referred to in the Directive have to be interpreted taking into account the following:

Under French regulations, obligations to invest in audiovisual and cinematographic production are expressed as percentages of turnover or resources of audiovisual groups, after statutory deductions, and not on the basis of programming budgets.

The French definition of an 'audiovisual work' is more restrictive than the definition used by the Directive. It excludes in particular programmes which are primarily filmed on set, variety programmes and cinematographic works. Investments declared in respect of the production of cinematographic works have been added here. For the TF1 group, the Canal+ group and France Télévisions, the range of works considered for their contribution is even more limited since these providers may only declare investments in 'cultural and heritage works' ('œuvres patrimoniales'), i.e. works which fall into one of the following categories: fiction, animation, creative documentaries, including those which are incorporated into a programme other than news or entertainment programmes, music videos and broadcast or re-creation of live performances.

The concept of recent works does not exist in the French regulations. Under 'recent works' we have indicated investments in new productions (pre-purchases, co-productions and writing expenses). The works in question are simply therefore 'new' works (produced during the year) and not 'recent' works.

With effect from 2009, TF1, France Télévisions and Canal+ have been entitled to pool their contributions to the audiovisual production of the services they provide. The amounts indicated therefore correspond to the overall amounts invested by these groups. With effect from 2010, the relevant regulations have authorised all audiovisual service providers (both terrestrial and non-terrestrial) to combine their investments in audiovisual production. It is to be noted in this context that, with effect from 2010, the contribution of Gulli has been incorporated into that in respect of the services offered by Lagardère Active.

The percentages given correspond to expenditure in relation to compliance with obligations as transposed at national level: some expenses are reduced, others may be subject to a coefficient.

Investments in independent production correspond to investments for works which meet the national criteria for independent production defined, for cinematographic production, by statutory texts, and for audiovisual production, by statutory texts and legal agreements between the CSA and broadcasters regarding the periods for which rights are held.

The criteria used to determine the independence of audiovisual production are the non-holding of producer shares and the absence of share-holding ties between the audiovisual service provider and the production company.

The criteria used to determine the independence of cinematographic production are the non-accumulation of exploitation mandates and the absence of share-holding ties between the audiovisual service provider and the production company. The latter criterion applies to pre-purchases and co-productions only.

Consequently, some services may display rates which are below those provided for in the Directive, since French legislation requires broadcasters to allocate a share of their resources calculated on the basis of a more limited range of works (cf. in particular the definition of audiovisual work above) but in relation to a broader reference basis (turnover or resources and not programming budget).

The calculation methods for the Directive quotas 'IP' and 'RW' for the channels referred to above (free-of-charge terrestrial channels excluding news channels) account for:

· the fact that the IP (independent production) levels of Direct Star (formerly Virgin 17) in 2010 (8%) and W9 in 2009 (8%) are slightly lower than 10%;

· the fact that the RW (recent works) levels are low or non-existent for some channels: Direct Star in 2009 (17%) and 2010 (0%), Direct 8 in 2009 (30%), NRJ12 in 2010 (43%) and W9 in 2009 (30%).

B) Measures taken by or envisaged by the Member State

Following the examination of compliance with obligations by audiovisual service providers for 2009, relating primarily to compliance with regulations on the promotion of European works, the CSA:

- issued a letter of formal notice to the audiovisual service providers which had not provided a report: 3A Télésud, Berbère Télévision, Beur TV and TV5 Monde;

- issued a warning to AB1 for non-compliance with its obligation to broadcast on 10% of its air-time European works by independent producers;

- issued a warning to Mangas and Télé Melody on account of the low percentage of recent European works by independent producers broadcast.

Following the examination of compliance with obligations by audiovisual service providers for 2010, relating primarily to compliance with regulations on the promotion of European works, the CSA:

· issued a letter of formal notice to the audiovisual service providers which had not provided a report: Berbère Télévision, Beur TV and Ma Chaîne Etudiante;

· wrote to IF Télévision, which had not reported its quotas under the AVMS Directive;

· wrote to Africabox and Trace Tropical on account of non-compliance with their quotas for the broadcast of European works;

· issued a warning to AB1 for non-compliance with its obligation to broadcast on 10% of its air-time European works by independent producers;

· issued a warning to Mangas and Télé Melody on account of the low percentage of recent European works by independent producers broadcast;

· requested explanations from Ciné Polar and Ciné Cinéma Star which had broadcast few recent European works by independent producers.

C) Further comments

The television channel Pinx TV no longer falls under the jurisdiction of the CSA. It was registered by the Commissariat voor de Media (Netherlands) on 27 April 2010 under the name of Pink TV international. The agreement between the CSA and Pinx TV was terminated by decision of 30 July 2010.

3.11. Italy

PART 1 - Statistical data

Number of channels identified: || 345 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 278 || Quota: || 171 || Reporting: || 107

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

BOING S.P.A. || Boing TV || 31.0% || 30.0% || 16.1% || 16.8% || 15.2% || 15.7%

FOX INTERNATIONAL CHANNELS ITALY SRL || Cult || 52.1% || 64.2% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || FOX || 31.1% || 28.5% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || FOX CRIME || 46.0% || EX || 15.7% || EX || 6.4% || EX

FOX INTERNATIONAL CHANNELS ITALY SRL || FOX LIFE || 50.0% || NO || 15.7% || NO || 6.4% || NO

FOX INTERNATIONAL CHANNELS ITALY SRL || FOX LIFE Fra || 64.8% || NO || 15.7% || NO || 6.4% || NO

FOX INTERNATIONAL CHANNELS ITALY SRL || FOX LIFE pl || 24.7% || NO || 15.7% || NO || 6.4% || NO

FOX INTERNATIONAL CHANNELS ITALY SRL || FX || 47.0% || 31.1% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || Nat Geo Adventure || 55.4% || 57.6% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || Nat Geo Music || 62.9% || 54.6% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || Nat Geo Wild || 54.7% || 58.9% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || Nat Geo Wild Germany || 47.5% || 39.0% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || National Geographic Channel || 57.8% || 60.1% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || National Geographic Channel Fra || 29.6% || NO || 15.7% || NO || 6.4% || NO

FOX INTERNATIONAL CHANNELS ITALY SRL || National Geographic Channel HD || 55.9% || 60.1% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || National Geographic Channel HD DE || 43.5% || 48.3% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || National Geographic Channel HD Fra || 44.9% || NO || 15.7% || NO || 6.4% || NO

FOX INTERNATIONAL CHANNELS ITALY SRL || National Geographic Germany || 47.6% || 55.5% || 15.7% || 15.7% || 6.4% || 6.4%

FOX INTERNATIONAL CHANNELS ITALY SRL || Next || 61.4% || NO || 15.7% || NO || 6.4% || NO

FOX INTERNATIONAL CHANNELS ITALY SRL || The History Channel || 53.3% || 51.1% || 15.7% || 15.7% || 6.4% || 6.4%

MTV ITALIA S.R.L. || MTV + || NO || 61.0% || NO || 17.5% || NO || 16.1%

MTV ITALIA S.R.L. || MTV BRAND NEW || 83.1% || 87.8% || 25.2% || 17.5% || 10.9% || 16.1%

MTV ITALIA S.R.L. || MTV GOLD || 90.0% || 75.1% || 25.2% || 17.5% || 10.9% || 16.1%

MTV ITALIA S.R.L. || MTV HITS || 87.8% || 74.1% || 25.2% || 17.5% || 10.9% || 16.1%

MTV ITALIA S.R.L. || MTV Italia Music television || 71.8% || 67.0% || 13.6% || 17.5% || 18.8% || 16.1%

MTV ITALIA S.R.L. || MTV PULSE || 71.8% || 82.1% || 25.2% || 17.5% || 10.9% || 16.1%

NBC UNIVERSAL GLOBAL NETWORKS ITALIA - S.R.L. || Steel || 51.0% || 53.0% || 10.1% || 9.1% || 6.4% || 6.3%

RAI - RADIOTELEVISIONE ITALIANA SP || RAI 5 || NO || 76.0% || NO || 16.3% || NO || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || RAI Due || 57.0% || 52.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || RAI Movie || 76.0% || 96.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || Rai Premium || 100.0% || 100.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || RAI Quattro || 21.0% || 22.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || RAI Tre || 61.0% || 64.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || RAI Uno || 85.0% || 84.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || Raisat Gulp || 78.0% || 62.0% || 17.0% || 16.3% || 13.7% || 12.2%

RAI - RADIOTELEVISIONE ITALIANA SP || Raisat Yoyo || 69.0% || 71.0% || 17.0% || 16.3% || 13.7% || 12.2%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || Canale 5 || 81.0% || 81.0% || 16.1% || 16.8% || 15.2% || 15.7%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || Iris || 61.0% || 51.0% || 16.1% || 16.8% || 15.2% || 15.7%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || Italia 1 || 35.0% || 37.0% || 16.1% || 16.8% || 15.2% || 15.7%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || LA5 || NO || 64.0% || NO || 16.8% || NO || 15.7%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || Mediaset Extra || NO || 59.0% || NO || 16.8% || NO || 15.7%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || Mediaset Plus || 100.0% || 100.0% || 16.1% || 16.8% || 15.2% || 15.7%

RETI TELEVISIVE ITALIANE S.P.A.  (R.T.I.) || Rete 4 || 50.0% || 55.0% || 16.1% || 16.8% || 15.2% || 15.7%

SITCOM TELEVISIONI SRL || Alice || 100.0% || 100.0% || 7.4% || 10.1% || 6.5% || 10.1%

SITCOM TELEVISIONI SRL || Arturo || NO || 100.0% || NO || 10.1% || NO || 10.1%

SITCOM TELEVISIONI SRL || Leonardo || 100.0% || 100.0% || 7.4% || 10.1% || 6.5% || 10.1%

SITCOM TELEVISIONI SRL || Marco Polo || 92.7% || 90.5% || 7.4% || 10.1% || 6.5% || 10.1%

SITCOM TELEVISIONI SRL || Nuvolari || 94.8% || 87.7% || 7.4% || 10.1% || 6.5% || 10.1%

SKY ITALIA || Cielo || 55.0% || 46.0% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema 1 || 34.3% || 39.2% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema Classic || 45.8% || 34.3% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema Family || 38.2% || 30.6% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema HITS || 31.7% || 26.4% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema Italia || 62.1% || 99.7% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema Mania || 43.1% || 33.4% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Cinema Max || 25.8% || 19.7% || 22.4% || 14.4% || 21.3% || 13.4%

SKY ITALIA || Sky Show || 98.0% || NO || 22.4% || NO || 21.3% || NO

SKY ITALIA || Sky uno || 51.0% || 37.0% || 22.4% || 14.4% || 21.3% || 13.4%

SWITCHOVER CHANNELS SRL || K2 || 49.0% || 27.0% || 25.2% || 11.6% || 24.5% || 5.7%

SWITCHOVER MEDIA SRL || GXT || 59.0% || 41.0% || 25.2% || 11.6% || 24.5% || 5.7%

SWITCHOVER MEDIA SRL || JETIX || 61.0% || NO || 25.2% || NO || 24.5% || NO

TELECOM ITALIA MEDIA S.P.A. || LA7 || 58.0% || 65.0% || 13.6% || 17.5% || 18.8% || 16.1%

TELECOM ITALIA MEDIA S.P.A. || LA7D || NO || 83.0% || NO || 11.6% || NO || 5.7%

THE WALT DISNEY COMPANY ITALIA SPA || Disney Channel Italia || 56.0% || 50.0% || 11.7% || 10.1% || 11.7% || 10.1%

THE WALT DISNEY COMPANY ITALIA SPA || Disney in english || 46.2% || 78.0% || 11.7% || 10.1% || 11.7% || 10.1%

THE WALT DISNEY COMPANY ITALIA SPA || Playhouse Disney || 65.0% || 65.0% || 11.7% || 10.1% || 11.7% || 10.1%

THE WALT DISNEY COMPANY ITALIA SPA || Toon Disney || 53.6% || 57.7% || 11.7% || 10.1% || 11.7% || 10.1%

|| || || || || || ||

Covered Channels (IND 1) || 61 || 58 || 61 || 58 || - || -

Compliance rate (IND 3 and 5) || 67.2% || 70.7% || 93.4% || 98.3% || - || -

Average % (IND 2, 4, and 6) || 59.2% || 60.8% || 17.1% || 14.8% || 12.6% || 11.4%

PART 2 – Comments

Monitoring method

Two monitoring methods:

1) Agcom collects reports directly from channels;

2) Agcom receives monthly reports by an independent media research center (during the period covered by the report, Isimm – Istituto per lo studio dell’innovazione) that has been specifically charged to monitor the compliance with programming obligations according to the AVMS Directive on twelve broadcasters (Rai uno, Rai due, Rai Tre, Canale 5, Italia 1, Retequattro, MTV, La7, All Music, Jimmy, Fox Crime, Sky Cinema), both 24 h and during prime time (18:30-22:30).

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

Italian legislation (Law n. 122/98, replaced by Decree n. 177/05) delegates to Agcom the adoption of the detailed regulatory measures related to the European and independent production obligations. This regulation was adopted by decision n. 9/99, replaced by decision n. 66/09/CONS, which foresees that in the case of broadcasters belonging to the same group, the quotas have to be calculated on the global amount of programming time, with a minimum threshold on each channel of 20%.

The impossibility of adapting the report scheme to the peculiarities of Italian legislation clearly affects the compliance rate, and we would therefore draw your attention on this aspect, considering that during the ten years of application of the mentioned calculation method, it has never been considered as being against the spirit of the directive. This aspect will not fit the format of the file either in the future, but nonetheless affects the compliance rate notwithstanding its compatibility with the Directive.

2. A minimum proportion of European works by independent producers (Article 17):

No comments

B) Measures taken by or envisaged by the Member State

All requested broadcasters have communicated their data and those that have apparently not respected the programming obligations have justified their reasons, so it will not be necessary to activate sanctioning proceedings.

C) Further comments

The IP data inserted in the table are related to the investments. The IP obligation in Italy is related to a 10% investment quota, according to Article 44 (3) of Decree n.177/05 as amended by Decree n. 44/10. As with programming obligations, the investments are calculated on the revenues collected by the channel or, in case, by the Company that owns or controls more channels.

3.12. Cyprus

PART 1 - Statistical data

Number of channels identified: || 8 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 0 || Quota: || 0 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ALPHA TV || Alfa TV (Cyprus) || 5.0% || 4.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

ANTENNA T.V. LIMITED || ANT1 TV (Cyprus) || 62.5% || 58.3% || 15.8% || 19.9% || NC || NC ||

C.N.C. (CYPRUS NEW CHANNEL) PLUS T.V. || CNC Plus TV || 71.4% || 73.2% || 4.2% || 1.8% || 0.0% || 0.0% ||

CYPRUS BROADCASTING CORPORATION || RIK1 (CyBC1) || 58.4% || 54.6% || 31.8% || 18.7% || 30.0% || 15.9% ||

CYPRUS BROADCASTING CORPORATION || RIK2 (CyBC2) || 52.5% || 51.1% || 38.2% || 40.8% || 37.4% || 38.7% ||

LUMIERE TV PUBLIC COMPANY LTD || LTV (Lumiere TV) || 27.0% || 22.0% || 94.0% || 96.0% || 79.0% || 78.0% ||

POLITISTIKI & PLIROFORIAKI ETERIA O LOGOS LTD || MEGA (Cyprus) || 63.5% || 65.5% || 0.0% || 0.0% || 0.0% || 0.0% ||

SIGMA RADIO T.V. PUBLIC LIMITED || SIGMA || 61.9% || 71.1% || 0.0% || 0.0% || 0.0% || 0.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 8 || 8 || 8 || 8 || - || - ||

Compliance rate (IND 3 and 5) || 75.0% || 75.0% || 62.5% || 62.5% || - || - ||

Average % (IND 2, 4, and 6) || 50.3% || 50.0% || 35.5% || 34.6% || 35.2% || 33.2% ||

PART 2 – Comments

Monitoring method

The figures were collected directly from all eight TV stations, on a sample basis of four randomly selected weeks within the above mentioned period. The data gathered from these four weeks was subsequently analysed and broken down, producing thus the quotas as they appear in the attached sheet.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

There is a significant increase in the broadcast of European works by seven stations, compared to the period 2007-2008. 

Alfa TV shows a decrease in the broadcast of European works. However, Alfa TV was (it does no longer exist) a kids/sports pay-TV channel broadcasting in an encoded form and not received by the majority of the population. The same applies to LTV which is (still) a fiction (movies etc) channel.

2. A minimum proportion of European works by independent producers (Article 17):

Only four of the eight stations that communicated their data, have achieved over and above the minimum threshold of 10% of broadcasting time in promoting European works made by independent producers.

RIK 1 (CyBC 1) has a percentage of 9.5% which is very close to the minimum threshold of 10%.

CNC PLUS TV had a percentage of 4.2% the year 2009 and a percentage of 1,8% the year 2010  which is below the minimum threshold of 10%.

MEGA (Cyprus) and SIGMA, after examining the Concept of Independence (according to the Revised Guidelines for Monitoring the Application of Articles 16 and 17 of the Audiovisual and Media Services (AVMS) Directive), as all the other 6 stations did, informed the Authority that during the period in question had no independent productions.

B) Measures taken by or envisaged by the Member State

The measures that the Authority is considering in taking towards increasing the level and percentages of European works, as well as those of independent producers being broadcasted from all TV channels under its jurisdiction are:

· To communicate to all national TV channels the results and conclusions of the last report for self-regulation purposes as well as remind them their obligation towards the 'acquis communautaire' concerning this matter.

C) Further comments

During the period in question (2009-2010), the Authority did not monitor all the channels under Cyprus Jurisdiction due to a national legislative gap that did not allowed the monitoring of channels broadcasting in any technological form other than analogue, i.e. digital. This situation has changed since the 1st of July 2011. This is the reason why a large number of channels are not reported since they have not been licensed by CRTA and therefore were not monitored during the reference period.

3.13. Latvia

PART 1 - Statistical data

Number of channels identified: || 33 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 26 || Quota: || 1 || Reporting: || 25 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

LATVIJAS NEATKARIGA TELEVIZIJA AS || LNT || 46.0% || 41.0% || 23.6% || 23.3% || 96.0% || 98.0% ||

LATVIJAS TELEVIZIJA  VSIA || LTV1 || 96.0% || 97.0% || 22.0% || 19.0% || 100.0% || 100.0% ||

LATVIJAS TELEVIZIJA VSIA || LTV7 || 76.0% || 76.0% || 35.0% || 33.0% || 100.0% || 100.0% ||

PIRMAIS BALTIJAS KANĀLS || Pirmais Baltijas Kanāls || 32.0% || 32.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

TV RIGA SIA || TV5 RIGA || 18.5% || 20.1% || 5.6% || 6.2% || 0.0% || 0.0% ||

TV3 LATVIA SIA || TV3 || 50.7% || 51.0% || 13.4% || 16.5% || 100.0% || 100.0% ||

TV3 LATVIA SIA || TV6 || 49.2% || 49.3% || 27.2% || 16.1% || 100.0% || 100.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 7 || 7 || 7 || 7 || - || - ||

Compliance rate (IND 3 and 5) || 42.9% || 42.9% || 71.4% || 71.4% || - || - ||

Average % (IND 2, 4, and 6) || 52.6% || 52.3% || 18.1% || 16.3% || 70.9% || 71.1% ||

PART 2 – Comments

Monitoring method

Self- reporting.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

Private broadcaster “Latvijas Neatkarīgā Televīzija” states that the decrease in advertising market in 2009 forced LNT to reduce the amount of home production. With the introduction of digital terrestrial broadcasting in 2010 the audience share of LNT decreased and consequently the income from advertising fell down and caused a decrease in author broadcasts.

Private broadcaster “Pirmais Baltijas Kanāls” states that it occupies a unique niche among other Latvian TV channels. It is oriented to the Russian speaking part of population not only in Latvia but in all three Baltic states. Market research specialists of “Pirmais Baltijas Kanāls” carry out market research yearly and based on that have concluded that broadcasts and programmes produced in Russia are closer and more understandable for target audience. Research data of channels' target audience indicate that TV production of Russia and USA attract bigger audience than programmes produced in Europe and increases the rating which is  crucially important for TV channels from a commercial point of view. The Broadcaster also states that European works are more expensive. “Pirmais Baltijas Kanāls” considers that their capacity to fulfil the quota of European works is comparatively lower than that of terrestrial commercial TV channels.

2. A minimum proportion of European works by independent producers (Article 17):

Currently the only home production of “Pirmais Baltijas Kanāls” is news that is not counted as European works. Taking into account the economic recession and the lack of financing “Pirmais Baltijas Kanāls” is not planning to start producing home production that would count as European works.

B) Measures taken or envisaged by the Member State

“Latvijas Neatkarīgā Televīzija” is planning to increase author broadcasts on the basis of income growth.

At the beginning of 2009 “Pirmais Baltijas Kanāls” launched purchases and is striving to increase the number of European works and according to provisional data in 2011 European works constitute 45-51% of programme.

C) Further comments

No further comments.

3.14. Lithuania

PART 1 - Statistical data

Number of channels identified: || 11 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 0 || Quota: || 0 || Reporting: || 0

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

LRT  LIETUVOS RADIJAS IR TELEVIZIJA || LTV 1 || 81.0% || 76.0% || 61.0% || 38.0% || 56.0% || 25.0%

LRT  LIETUVOS RADIJAS IR TELEVIZIJA || LTV2 || 88.0% || 85.0% || 49.0% || 30.0% || 42.0% || 22.0%

UAB  BALTIJOS TV || BTV || 53.0% || 67.0% || 36.0% || 58.0% || 78.0% || 78.0%

UAB  LAISVAS IR NEPRIKLAUSOMAS KANALAS || Info TV || 100.0% || 98.0% || 50.0% || 60.0% || 30.0% || 35.0%

UAB  LAISVAS IR NEPRIKLAUSOMAS KANALAS || LIUKS! || 85.0% || 85.0% || 20.0% || 40.0% || 20.0% || 30.0%

UAB  LAISVAS IR NEPRIKLAUSOMAS KANALAS || LNK || 36.0% || 34.0% || 12.0% || 23.0% || 12.0% || 23.0%

UAB  LIETUVOS RYTAS || Lietuvos Rytas TV || 80.0% || 68.0% || 63.0% || 69.0% || 71.0% || 52.0%

UAB Balticum TV || Balticum televizija || 58.0% || 52.0% || 97.0% || 95.0% || 55.0% || 45.0%

UAB LAISVAS IR NEPRIKLAUSOMAS KANALAS || TV1 || 10.0% || 11.0% || 10.0% || 11.0% || 7.0% || 8.0%

UAB TELE-3 || TV3 || 45.0% || 35.0% || 34.0% || 26.0% || 34.0% || 26.0%

UAB TELE-3 || TV6 || 28.0% || 20.0% || 13.0% || 10.0% || 13.0% || 10.0%

|| || || || || || ||

Covered Channels (IND 1) || 11 || 11 || 11 || 11 || - || -

Compliance rate (IND 3 and 5) || 63.6% || 63.6% || 100.0% || 100.0% || - || -

Average % (IND 2, 4, and 6) || 60.4% || 57.4% || 40.5% || 41.8% || 38.0% || 32.2%

PART 2 – Comments

Monitoring method

Following the provisions of the AVMS Directive and the LR Law on Provision of Information to the Public each year broadcasters of the national scope provide the information on the European works quota to the Radio and Television Commission of Lithuania (Commission). The broadcasters themselves carry out the monitoring of their programmes and calculate the percentage of the European works in their programmes.

Once a year, the Commission carries out the monitoring on European works of all national scope programmes on a week’s basis itself. Having in mind scarce resources of the monitoring staff, the Commission is able to verify the data only by checking the information on the programmes of a given broadcaster in a programme grid. In case the origin of a programme is not provided in the programme grid, the Commission verifies it with original sources.

Practice showed that the information provided by the broadcasters and the findings of the Commission did not differ essentially.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

Four national broadcasters out of eleven failed to achieve the European production quotas for the period 2009/2010. They blame it on the high European production costs, the economical factors and the decrease of the advertising market of the reporting period.

2. A minimum proportion of European works by independent producers (Article 17)

Same reasons as above.

B) Measures taken by or envisaged by the Member State

Only when the economic situation improves, there will be better conditions to purchase more local and European production.

C) Further comments

3.15. Luxembourg

PART 1 - Statistical data

Number of channels identified: || 20 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 7 || Quota: || 7 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

CLT-UFA SA || Club RTL || 49.7% || 59.8% || 39.4% || 50.2% || 13.2% || 40.2% ||

CLT-UFA SA || Den 2. RTL || 91.0% || 90.0% || 12.0% || 11.5% || 95.0% || 95.0% ||

CLT-UFA SA || Plug TV || 82.5% || 76.9% || 62.4% || 61.7% || 31.2% || 57.0% ||

CLT-UFA SA || RTL 4 || 73.0% || 77.0% || 90.0% || 88.0% || 95.0% || 97.0% ||

CLT-UFA SA || RTL 5 || 45.0% || 50.0% || 69.0% || 77.0% || 100.0% || 97.0% ||

CLT-UFA SA || RTL 7 || 68.0% || 63.0% || 77.0% || 85.0% || 97.0% || 96.0% ||

CLT-UFA SA || RTL 8 || 28.0% || 48.0% || 83.0% || 88.0% || 78.0% || 91.0% ||

CLT-UFA SA || RTL Lounge || 76.0% || 78.0% || 83.0% || 81.0% || 80.0% || 59.0% ||

CLT-UFA SA || RTL Télé Lëtzebuerg || 91.0% || 90.0% || 12.0% || 11.5% || 95.0% || 95.0% ||

CLT-UFA SA || RTL9 || 51.0% || 52.3% || 39.8% || 44.9% || 8.6% || 11.4% ||

CLT-UFA SA || RTL-TVI || 74.4% || 68.2% || 22.9% || 17.2% || 17.9% || 13.9% ||

Current Media Europes.àr.l. || CurrentTV* || 52.0% || 52.0% || 70.0% || 70.0% || NC || NC ||

Opuntia S.A. || Luxe TV Luxembourg** || NC || NC || NC || NC || NC || NC ||

|| || || || || || || ||

Covered Channels (IND 1) || 13 || 13 || 13 || 13 || - || - ||

Compliance rate (IND 3 and 5) || 69.2% || 84.6% || 92.3% || 92.3% || - || - ||

Average % (IND 2, 4, and 6) || 65.1% || 67.1% || 55.0% || 57.2% || 64.6% || 68.4% ||

PART 2 – Comments

Monitoring method

Sampled: RTL TVi, Club RTL, Plug, RTL4, RTL5, RTL7 and RTL8

Estimated: RTL TéléLëtzebuerg

All given informations are provided by the service providers themselves.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

Club RTL’s schedule failed to reach the required proportion of European works in 2009 and 2010. While waiting for CLT-UFA’s explanations, attention should nonetheless be drawn to the strong increase in the number of European works in 2010.

As regards RTL5’s schedule, although the required proportion was not reached in 2009, the situation improved in 2010 and the company confirms its desire to schedule a greater number of European works in 2011.

RTL8 did not reach the set objective in 2009 and 2010, but the proportion of European works increased by 20% in 2010. The very high cost of acquiring European works and the fact that this channel, launched just a few years ago, does not yet have an established audience are the reasons for the higher proportion of non-European works in the programme schedule. The broadcaster confirms that it intends to take the necessary measures to continue increasing the proportion of European works in order to reach the set objective.

2. A minimum proportion of European works by independent producers (Article 17):

The minimum proportion of European works by independent producers is reached by all the channels.

B) Measures taken or envisaged by the Member State

CLT-UFA S.A. has been formally instructed to take the steps needed to ensure it complies with its obligations in the future.

C) Further comments

The channel Current Italie has not been broadcast since August 2011 and the broadcaster, which continues to use Current TV, is no longer able to provide the required data.

For Current TV’s schedule, the figure 52% concerns the years 2009 and 2010. The figure 70% for European works by independent producers concerns the years 2009 and 2010.

 DVL TV S.A. lodged a bankruptcy petition in September 2010.

Luxe TV’s channel (Luxembourg version) is broadcast by Opuntia S.A., which was unable to provide figures for the period under review.

3.16. Hungary

PART 1 - Statistical data

Number of channels identified: || 39 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 12 || Quota: || 12 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ATV ELSÕ MAGYAR MAGÁNTELEVÍZIÓS ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG || Magyar ATV || 79.2% || 84.7% || 23.3% || 22.3% || 76.3% || 89.8% ||

BUDAPEST TELEVÍZIÓ TÖMEGKOMMUNIKÁCIÓS ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG "felszámolás alatt" || Budapest Televízió || 100.0% || NO || 32.1% || NO || 87.9% || NO ||

COMEDY CENTRAL MAGYARORSZÁG ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Comedy Central || 99.9% || 84.1% || 70.8% || 55.1% || 55.9% || 47.2% ||

DOMINO TV MŰSORSZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || d1 tv || 100.0% || 99.3% || 85.3% || 55.9% || 98.0% || 70.1% ||

DUNA TELEVÍZIÓ ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG || Autonomia TV || 98.4% || 94.1% || 24.9% || 25.6% || 62.8% || 53.0% ||

DUNA TELEVÍZIÓ ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG || Duna TV || 93.1% || 90.0% || 38.3% || 35.9% || 61.7% || 51.7% ||

ECHO HUNGÁRIA TV TELEVÍZIÓZÁSI, KOMMUNIKÁCIÓS ÉS SZOLGÁLTATÓ ZÁRTKÖRÛ RÉSZVÉNYTÁRSASÁG || Echo TV || 100.0% || 99.9% || 44.9% || 12.9% || 99.1% || 93.2% ||

ECHO HUNGÁRIA TV TELEVÍZIÓZÁSI, KOMMUNIKÁCIÓS ÉS SZOLGÁLTATÓ ZÁRTKÖRÛ RÉSZVÉNYTÁRSASÁG || Vital TV || 95.1% || 96.9% || 39.2% || 43.2% || 90.2% || 87.7% ||

FILMMÚZEUM MÛSORSZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Filmuzeum || 94.7% || 82.4% || 51.0% || 58.5% || 24.9% || 21.7% ||

HÁLÓZATOS TELEVÍZIÓK ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Halozat TV || 70.6% || 69.9% || 51.3% || 54.3% || 80.3% || 72.1% ||

HUMOR1 TV MŰSORSZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Muzsika TV || 99.9% || 89.7% || 70.8% || 68.9% || 55.8% || 42.9% ||

MAGYAR RTL TELEVÍZIÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || RTL KLUB || 58.1% || 58.9% || 38.8% || 36.0% || 95.8% || 95.7% ||

MAGYAR TELEVÍZIÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || M1 (Magyar Televízió 1) || 90.4% || 89.7% || 41.2% || 19.4% || 78.5% || 64.4% ||

MAGYAR TELEVÍZIÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || M2 (Magyar Televízió 2) || 84.1% || 88.6% || 43.5% || 30.7% || 72.7% || 49.7% ||

MIXOLID SZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || FixTV || NC || NO || NC || NO || NC || NO ||

MTM-SBS TELEVÍZIÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || TV2 (Hungary) || 55.8% || 54.7% || 47.9% || 47.0% || 70.4% || 78.3% ||

MTV NETWORKS MAGYARORSZÁG MŰSORSZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG. || MTV Hungary (Music channel) || 94.7% || 78.7% || 57.0% || 60.2% || 83.2% || 82.4% ||

ORIGO MÉDIA ÉS KOMMUNIKÁCIÓS SZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Life Network || NC || 53.2% || NC || 31.4% || NC || 78.3% ||

ORIGO MÉDIA ÉS KOMMUNIKÁCIÓS SZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Ozone Network || NC || 45.0% || NC || 27.3% || NC || 55.3% ||

PAX TELEVÍZIÓ MŰSORSZOLGÁLTATÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Pax TV || 99.4% || 99.7% || 64.1% || 52.5% || 50.5% || 52.2% ||

SANOMA DIGITAL MEDIA KÖZÉP-EURÓPAI KOMMUNIKÁCIÓS ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG || 4-es csatorna || 39.1% || 42.0% || 16.6% || 25.9% || 46.9% || 28.8% ||

SPEKTRUM-TV KÖZÉP-EURÓPAI MŰSORKÉSZÍTŐ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Spektrum TV (Hungary) || 72.1% || 69.3% || 35.7% || 56.7% || 76.3% || 71.8% ||

TOLNATÁJ MŰSORSZOLGÁLTATÓ ÉS TELEVÍZIÓ ZÁRTKÖRŰEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Tolnatáj TV || NC || 100.0% || NC || 73.5% || NC || 100.0% ||

TV PAPRIKA MÛSORSZOLGÁLTATÓ ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG || Deko TV || 89.0% || 89.6% || 26.8% || 31.0% || 89.8% || 68.8% ||

TV PAPRIKA MÛSORSZOLGÁLTATÓ ZÁRTKÖRÛEN MÛKÖDÕ RÉSZVÉNYTÁRSASÁG || TV Paprika || 91.2% || 90.3% || 24.6% || 40.9% || 82.2% || 78.9% ||

VIASAT HUNGÁRIA MÛSORSZOLGÁLTATÓ ZÁRKÖRŐEN MŰKÖDŐ RÉSZVÉNYTÁRSASÁG || Viasat3 Hungary || 4.7% || NC || 3.7% || NC || 73.7% || NC ||

Z+ MÛSORSZOLGÁLTATÓ ZÁRTKÖRÛEN MÛKÖDÕ RÉSZTVÉNYTÁRSASÁG || VIVA (Hungary) || 98.8% || 92.7% || 55.4% || 55.6% || 93.7% || 95.2% ||

|| || || || || || || ||

Covered Channels (IND 1) || 27 || 25 || 27 || 25 || - || - ||

Compliance rate (IND 3 and 5) || 77.8% || 88.0% || 81.5% || 96.0% || - || - ||

Average % (IND 2, 4, and 6) || 83.0% || 81.0% || 42.9% || 42.5% || 74.2% || 67.9% ||

PART 2 – Comments

Monitoring method:

Based on self-reporting, the data supplied weekly by media service providers is aggregated on a monthly basis.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

In preface, allow us to note that the failure to meet quotas for both European works and independent European productions primarily resulted from the specialised, thematic nature of the channels and to Hungary's narrow audiovisual market.

In their applications for exemption, media service providers often cite the scarcity of works suited to their thematic profile (e.g. programmes on interior design, climate or weather) that, while of a high standard, are still within the financial means even of small channels. As for celebrity and entertainment channels, meeting the requirement defined for the presentation of European works is particularly difficult because local features are so strongly reflected in celebrity and entertainment programmes that they hold no interest whatsoever for audiences on foreign markets. Moreover, European market players compete with each other, and the services of media service providers are often broadcast in numerous European countries, and media service providers often purchase exclusive rights over the acquired content.

1.1. ln 2009, all linear audiovisual media service providers fulfilled the quota of over 50% prescribed for European works, with the exception of the following media services:

a) Comedy Central Magyarország Zrt. - "Comedy Central" (was granted an exemption based on the agreement concluded with the media authority)

b) Sanoma Digital Media Zrt. - "channel 4!" (was granted an exemption based on the agreement concluded with the media authority)

a)  Comedy Central Magyarország Zrt. - "Comedy Central" media service

The Media Council's legal predecessor, the National Radio and Television Commission (hereinafter: ORTT) authorised the exemption of Comedy Central Magyarország Zrt.'s "Comedy Central" media service by virtue of its resolution number 1802/2008 (X.1.), allowing it to allocate 10% of its annual a airtime to European works instead of the 50% as defined in Article 7 (1) of the Radio and Television Broadcasting Act, and 5% to independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act. The media service fulfilled the 10% ratio undertaken for European works, and the 5% ratio undertaken for independent European productions.

b)  Sanoma Digital Media Zrt. - "channel 4!" media service

The Media Council's legal predecessor, the National Radio and Television Commission (hereinafter: ORTT) authorised the exemption of Sanoma Digital Media Zrt.'s "channel 4!" media service by virtue of its resolution number 137/2009 (1.21.), allowing it to allocate 46% of its annual airtime to European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act. The Media Council launched a procedure against the media service provider by virtue of its resolution number 48/2010 (X.12.) because the media service failed to fulfill the 46% ratio of European works undertaken in the exemption agreement, only achieving 39.11%. Moreover, it only achieved a ratio of 7.78% for independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act, also failing to fulfill the undertaken ratio of Hungarian productions, the latter two not affected by the exemption agreement. (Continued under Section B) I.)

1.2. ln 2010, all linear audiovisual media service providers fulfilled the quota of over 50% prescribed for European works, with the exception of the following media services:

a) Comedy Central Magyarország Zrt. - "Comedy Central" (was granted an exemption based on the agreement concluded with the media authority)

b) Sanoma Digital Media Zrt. - "channel 4!" media service (was granted an exemption based on the agreement concluded with the media authority)

c) Humor1 TV Zrt. - "Muzsika TV" (was granted an exemption based on the agreement concluded with the media authority)

d) Origo Zrt. - "Life Network" and "Ozone Network" media services (was granted an exemption based on the agreement concluded with the media authority)

a) Comedy Central Magyarország Zrt. - "Comedy Central" media service

The Media Council's legal predecessor, the National Radio and Television Commission granted exemption to Comedy Central Magyarország Zrt.'s "Comedy Central" media service for 2010 by virtue of its resolution number 2447/2009 (XII.9.), allowing it to allocate 10.5% of its annual airtime to European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act, and 5.5% to independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act.

The Media Council did not examine the 2010 performance of Comedy Central, as the service was deleted from the register on 15 July 2010 upon the media service provider's request. The media service provider was relocated to a foreign jurisdiction.

b)  Sanoma Digital Media Zrt. - "4-es csatorna" media service

The Media Council's legal predecessor, the National Radio and Television Commission authorised the exemption of Sanoma Digital Media Zrt.'s "channel 4!" media service by virtue of its resolution number 2446/2009 (XII.9.), allowing it to allocate 47% of its annual airtime to European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act. The Media Council launched a procedure against the media service provider by virtue of its resolution number 912/2011 (VII.6.) because the media service failed to fulfil the 47% ratio of European works undertaken in the exemption agreement, only achieving 42.03%. Moreover, it only achieved a ratio of 7.48% for independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act, also failing to fulfil the undertaken ratio of Hungarian productions, the latter two not affected by the exemption agreement. (Continued under Section B) II.)

c)  Humor1 TV Zrt. - "Muzsika TV"

The Media Council's legal predecessor, the National Radio and Television Commission authorised the exemption of Humor1 TV Zrt.'s "Muzsika TV" media service by virtue of its resolution number 185/2010 (1.27.), allowing it to allocate 40% of its annual airtime to European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act, and a ratio of 5% of independent European productions instead of the 10%) defined in Article 7 (2) of the Radio and Television Broadcasting Act.

The media service fulfiled the 40% ratio undertaken for European works, and the 5% ratio undertaken for independent European productions.

d)  Origo Zrt. - "Life Network" and "Ozone Network" media services

By virtue of its resolutions number 2449/2009 (XII.9.) and 2450/2009 (XII.9.), the National Radio and Television Commission authorised Origo Zrt.'s "Life Network" and "Ozone Network" media services to devote 30% of their respective annual airtime to European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act. The media services fulfilled the 30% ratio respectively undertaken for European works.

2. A minimum proportion of European works by independent producers (Article 17):

2.1. ln 2009, all linear audiovisual media service providers fulfilled the quota of at least 10% prescribed for European works of independent producers, with the exception of the following media services:

a) Pax Televízió Zrt. - "Pax Televízió" (was granted an exemption based on the agreement concluded with the media authority)

b) Sanoma Digital Media Zrt. - "4-es csatorna" (was granted an exemption based on the agreement concluded with the media authority)

a) Pax Televízió Zrt. - "Pax Televízió"

By virtue of its resolution number 2119/2008.(XI.19.), the Media Council's legal predecessor, the National Radio and Television Commission authorised Pax Televízió Zrt.'s "Pax Televízió" media service to devote 1.5% of its annual airtime to independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act.

The media service fulfilled the 1.5% ratio undertaken for independent European productions, and the statutory 50% ratio defined for European works.

b) Sanoma Digital Media Zrt. - "4-es csatorna" media service

The media service did not have any exemption in respect of independent European productions for 2009; therefore, the Media Council examined the annual performance based on the fulfillment of the 10% ratio defined in Article 7 (2) of the Radio and Television Broadcasting Act. As mentioned under Section l.lb), the Media Council launched a procedure against the media service provider by virtue of its resolution number 48/2010 (X.12.) because the media service only achieved a ratio of 7.78% of independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act, also failing to fulfill the 46% ratio of Hungarian productions undertaken in the exemption agreement. (Continued under Section B) I.)

2.2. ln 2010, all linear audiovisual media service providers under the quota obligation fulfilled the quota of at least 10% prescribed for European works of independent producers, with the exception of the following media services:

a) Comedy Central Magyarország Zrt. - "Comedy Central" (was granted an exemption based on the agreement concluded with the media authority)

b) Humor1 TV Zrt. - "Muzsika TV" (was granted an exemption based on the agreement concluded with the media authority)

c) Filmmúzeum Zrt. - "Filmmúzeum" (was granted an exemption based on the agreement concluded with the media authority)

d) TV Paprika Zrt. - "TV Paprika" (was granted an exemption based on the agreement concluded with the media authority)

e) Sanoma Digital Media Zrt. - "4-es csatorna" (was granted an exemption based on the agreement concluded with the media authority)

a) Comedy Central Magyarország Zrt. - "Comedy Central" media service

As mentioned under Section 1.2.a), the Media Council granted exemption for ComedyCentral Magyarország Zrt.'s "Comedy Central" media service by virtue of its resolution number 2447/2009 (XII.9.) for 2010, allowing it to allocate 10.5% of its annual airtimeto European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act, and 5.5% to independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act. The Media Council did not examine the performance in 2010 of the Comedy Central media service, as the service was deleted from the register on 15 July 2010 upon the media service provider's request. The media service provider was relocated to a foreign jurisdiction.

b) Humor1 TV Zrt. - "Muzsika TV" media service

As mentioned under Section l.2.c), the legal predecessor to the Media Council, the National Radio and Television Commission granted authorisation to Humor1 TV Zrt.'s "Muzsika TV" media service by virtue of its resolution number 185/2010 (1.27.), allowing it to allocate 40% of its annual airtime to European works instead of the 50% defined in Article 7 (1) of the Radio and Television Broadcasting Act, and a ratio of 5% for independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act.

The media service fulfilled the 40% ratio undertaken for European works, and the 5% ratio undertaken for independent European productions.

c) Filmmúzeum Zrt. - "Filmmúzeum"

The Media Council's legal predecessor, the National Radio and Television Commission granted exemption to Filmmúzeum Zrt.'s "Filmmúzeum" media service for 2009 by virtue of its resolution number 1972/2009 (X.7.), allowing it to allocate 7% of its airtime to independent European productions and works purchased from independent European producers within five years of their production instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act. The media service fulfilled the 7% ratio undertaken for European works, and the 7% ratio undertaken for independent European productions.

d) TV Paprika Zrt. - "TV Paprika"

The Media Council's legal predecessor, the National Radio and Television Commission authorised the exemption of TV Paprika Zrt.'s "TV Paprika" media service in 2010 by virtue of its resolution number 2443/2009 (XII.9.), allowing it to allocate a ratio of 8% of its annual airtime to independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act. The media service fulfilled the 8% ratio undertaken for independent European productions.

e) Sanoma Digital Media Zrt. - "4-es csatorna"

The media service did not have any exemption in respect of independent European productions for 2010 either; therefore, the Media Council examined the annual performances based on the fulfillment of the 10% ratio defined in Article 7 (2) of the Radio and Television Broadcasting Act. As mentioned under Section l.2.b), the Media Council launched a procedure against the media service provider by virtue of its resolution number 912/2011 (VII.6.) because the media service failed to fulfill the 47% ratio for European works undertaken in the exemption agreement, moreover, it only achieved a ratio of 7.48% for independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act, also failing to fulfill the undertaken ratio of Hungarian productions. (Continued under Section B) II.)

B) Measures taken or envisaged by the Member State:

There is continuous cooperation between media service providers and the Media Council in the course of the monitoring of the fulfillment of quotas. The Media Council examines the fulfillment of media service providers' obligations on an annual basis, applying the legal consequences in accordance with the principle of proportionality and progressiveness.

1. In 2009: Sanoma Digital Media Zrt. - "4-es csatorna" media service

The Media Council launched a procedure against the media service provider by virtue of its resolution number 48/2010 (X.12.) because the media service failed to fulfill the 46% ratio for European works undertaken in the exemption agreement, only achieving 39.11% in 2009, moreover, it only achieved a ratio of 7.78% for independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act, also failing to fulfill the undertaken ratio of Hungarian productions, the latter two not affected by the exemption agreement.

As the media service provider referred to a defective database awaiting repair, the Authority allowed the media service provider to re-send the modified data for the entire year once the database has been restored. However, the values calculated based on the newly dispatched protocol only showed minimal deviations from the ratios originally determined by the Authority. The media service provider breached its obligation to devote 46% of its airtime to European works, only achieving 39.13%. Moreover, it only achieved a ratio of 7.62% for independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act. Consequently, the Media Council imposed a penalty of HUF 500,000 by virtue of its resolution number 222/2011 (II.9.), which the media service provider settled.

2. In 2010: Sanoma Digital Media Zrt. - "4-es csatorna" media service

The Media Council launched a procedure against the media service provider by virtue of its resolution number 912/2011 (VII.6.) because the media service failed to fulfill the 47% ratio for European works undertaken in the exemption agreement, only achieving 42.03%, moreover, it only achieved a ratio of 7.48% of independent European productions instead of the 10% defined in Article 7 (2) of the Radio and Television Broadcasting Act, also failing to fulfill the undertaken ratio of Hungarian productions, the latter two not affected by the exemption agreement.

Explaining its failure to meet the quotas, the media service provider referred to the impacts of the economic crisis, as a result of which funding opportunities of smaller media service providers have been severely curtailed.

The Media Council imposed a fine of HUF 700,000 by virtue of its resolution number 1466/2011 (X.26.) on account of the violation of the provisions on programme quotas. The media service provider paid the penalty.

C) Additional comments:

In October 2010, the Media Council, established as the legal successor to the National Radio and Television Commission, assessed the fulfillment of quotas for 2009 and 2010.

Article 7 (1) and (2) of Act I of 1996 on Radio and Television Broadcasting, effective until 31December 2010, sets out the following requisite quotas in respect of European works fornational and regional media services subject to the quota requirement:

"Television program providers shall devote over half of their annual transmission timefor European works (...).

Television program providers shall reserve at least ten per cent of their annual transmission time for (...) works originally made in the Hungarian language that were created by producers who are independent of program providers or that were purchased from such producers within five years of their production.

"Act CLXXXV of 2010 on Media Services and Mass Media (Media Act) came into force on 1 January 2011, which upholds the fulfillment obligation of the quotas defined for European works.

The Media Council examined the fulfillment of quotas for 2009 and 2010 on the basis of Article 7 of the Radio and Television Broadcasting Act and, for media service providers having been granted exemption, according to their commitments undertaken in respective exemption agreements. The Media Council examined the proportion of independent works produced within the last five years.

With regard to the fact that only the review of performance over the entire calendar year can provide an accurate picture of the fulfillment of quotas, in 2009 and 2010 the Media Council did not examine the performance of media service providers operating in split-years or not operating at all.

Budapest Televízió Zrt.'s "f.a." (Budapest TV) media service provider was deleted from the register on 1 September 2009. The legal predecessor to the Media Council, the National Radio and Television Commission registered media service provider Humor1 Tv Zrt. (Muzsika TV) by virtue of its resolution number 01/2009 (XI. 11), which subsequently commenced operation.

Magyar Televízió Zrt.'s "m3" media service was deleted from the register on 9 February 2009. The legal predecessor to the Media Council, the National Radio and Television Commission terminated the broadcasting agreement of media service provider Mixolid Zrt. (fix tv) by virtue of its resolution number 1165/2009 (VI.3.) with immediate effect.

The National Radio and Television Commission registered media service provider Origo Zrt. (Life Network) by virtue of its resolution number 1797/2009 (IX. 16.), which subsequently  commenced operation.

The National Radio and Television Commission registered media service provider Origo Zrt. (Ozone Network) by virtue of its resolution number 1798/2009 (IX. 16.), which subsequently commenced operation.

The legal predecessor to the Media Council, the National Radio and Television Commission qualified Tolnatáj Zrt.'s "Tolnatáj TV" as a regional media service by virtue of its resolution number 1233/2009 (VI. 10.). As a regional media service provider, it is under the obligation to meet the quota requirements.

Viasat Hungária Műsorszolgáltató Zrt. (ViasatS) media service provider was deleted from the register on 30 April 2009. The media service provider was relocated to a foreign jurisdiction. The National Radio and Television Commission registered media service provider 3WM Zrt. (3WM) by virtue of its resolution number 601/2008.(111.26.), however, the media service provider failed to commence broadcasting and was therefore deleted from the register on 26 January 2009.

The National Radio and Television Commission registered media service provider TV8Média Zrt. (TV8) by virtue of its resolution number 1885/2008.(X. 16.), however, the media service provider failed to commence broadcasting and was therefore deleted from the register on 24 August 2009.

Comedy Central Europe Zrt.'s (Comedy Central) media service provider was deleted from the register on 15 July 2010. The media service provider was relocated to a foreign jurisdiction.

MTV Networks Magyarország Zrt. (MTV Hungary) media service provider was deleted from the register on 15 July 2010. The media service provider was relocated to a foreign jurisdiction.

Z+ Műsorszolgáltató Zrt. (VIVA TV) media service provider was deleted from the register on 15 July 2010. The media service provider was relocated to a foreign jurisdiction. In 2009 and 2010,  Hír TV Zrt.'s Hír TV media service (news channel), Chello Central Europe Zrt.'s Sport1, Sport2 and Sport M media services (sports channels) and INFO-24 TV Zrt.'s INFO-24 TV media service (teleshopping) are channels granted exemption on the basis of their specialised nature.

3.17. Malta

PART 1 - Statistical data

Number of channels identified: || 27 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 18 || Quota: || 18 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

media communications Co Ltd || Net TV || 60.9% || 68.3% || 43.9% || 31.7% || 38.2% || 31.7% ||

MELITA CABLE PLC || Melita More || 48.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

MELITA CABLE PLC || Melita Movies || 48.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

MINISTRY OF EDUCATION || Education 22 || 92.0% || 91.0% || 7.0% || 13.0% || 9.0% || 17.0% ||

ONE PRODUCTIONS Ltd. || One TV (Malta) || 69.4% || 64.8% || 30.6% || 66.6% || 30.6% || 62.6% ||

PUBLIC BROADCASTING SERVICES LIMITED || TVM || 56.4% || 55.0% || 51.8% || 42.5% || 51.8% || 42.5% ||

Smash communications Ltd || Smash TV || 3.0% || 75.0% || 10.0% || 22.0% || 10.0% || 3.0% ||

|| Calypso Music TV || 90.0% || 90.0% || 80.0% || 80.0% || 80.0% || 80.0% ||

|| Favourite TV || 80.0% || 70.1% || 20.0% || 29.9% || 10.0% || 29.9% ||

|| || || || || || || ||

Covered Channels (IND 1) || 9 || 9 || 9 || 9 || - || - ||

Compliance rate (IND 3 and 5) || 66.7% || 100.0% || 88.9% || 100.0% || - || - ||

Average % (IND 2, 4, and 6) || 60.9% || 79.4% || 49.3% || 54.0% || 47.7% || 51.9% ||

PART 2 – Comments

No comments were provided

3.18. The Netherlands

PART 1 - Statistical data

Number of channels identified: || 178 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 136 || Quota: || 6 || Reporting: || 130 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

Disney Channels (Benelux) b.v. || Disney Channel || NO || 58.0% || NO || 52.0% || NO || 93.0% ||

MTV Networks B.V. || MTV Denmark || 54.0% || 48.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MTV Networks B.V. || MTV Norway (Nordic) || 60.0% || 50.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MTV Networks B.V. || MTV Sweden || 61.0% || 54.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MTV Networks B.V. || MTV The Netherlands || 65.0% || 55.0% || 0.2% || 0.3% || 100.0% || 75.0% ||

MTV Networks B.V. || MTV Vlaanderen || 52.0% || 47.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MTV Networks B.V. || Nickelodeon || 22.0% || 19.0% || 15.0% || 9.0% || 94.0% || 96.0% ||

MTV Networks B.V. || Nickelodeon Denmark || 16.0% || 14.0% || 13.0% || 11.0% || 100.0% || 100.0% ||

MTV Networks B.V. || Nickelodeon Sweden || 13.0% || 19.0% || 13.0% || 15.0% || 100.0% || 100.0% ||

MTV Networks B.V. || Nickelodeon Vlaanderen || 23.0% || 24.0% || 15.0% || 11.0% || 94.0% || 95.0% ||

MTV Networks B.V. || The Music Factory (TMF) || 96.0% || 97.0% || 1.0% || 2.0% || 100.0% || 100.0% ||

Publieke landelijke omroep || 101 TV || 100.0% || 100.0% || 11.0% || 11.0% || 98.0% || 100.0% ||

Publieke landelijke omroep || Best 24 (Hilversum Best) || 100.0% || 100.0% || 43.0% || 15.0% || 34.0% || 21.0% ||

Publieke landelijke omroep || Consumenten TV || 100.0% || 100.0% || 11.0% || 15.0% || 91.0% || 100.0% ||

Publieke landelijke omroep || Cultura 24 || 92.0% || 95.0% || 45.0% || 31.0% || 66.0% || 92.0% ||

Publieke landelijke omroep || Familie/Z@ppelin || 86.0% || 86.0% || 44.0% || 46.0% || 63.0% || 53.0% ||

Publieke landelijke omroep || Geschiedenis 24 || 100.0% || 98.0% || 24.0% || 20.0% || 35.0% || 43.0% ||

Publieke landelijke omroep || Holland Doc || 88.0% || 90.0% || 45.0% || 48.0% || 63.0% || 84.0% ||

Publieke landelijke omroep || Humor TV || 100.0% || 96.0% || 51.0% || 43.0% || 83.0% || 84.0% ||

Publieke landelijke omroep || Nederland 1 || 99.0% || 100.0% || 46.0% || 40.0% || 92.0% || 95.0% ||

Publieke landelijke omroep || Nederland 2 || 97.0% || 96.0% || 27.0% || 23.0% || 92.0% || 87.0% ||

Publieke landelijke omroep || Nederland 3 || 88.0% || 87.0% || 52.0% || 51.0% || 66.0% || 72.0% ||

Publieke landelijke omroep || Spirit 24 || 92.0% || 94.0% || 12.0% || 19.0% || 89.0% || 86.0% ||

Publieke landelijke omroep || Sterren.nl || 100.0% || 100.0% || 30.0% || 12.0% || 91.0% || 93.0% ||

Radio Nederland Wereldomroep || BVN || 50.0% || 50.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

SBS Broadcasting b.v. || Net 5 || 50.0% || 50.0% || 29.0% || 23.0% || 94.0% || 77.0% ||

SBS Broadcasting b.v. || SBS 6 || 69.0% || 73.0% || 31.0% || 30.0% || 86.0% || 66.0% ||

St. Samenwerkende Publieke Omroepen Midden Nederland || RTV Utrecht || 100.0% || 100.0% || 23.0% || 13.0% || 100.0% || 100.0% ||

Stichting Omroep Drenthe || TV Drenthe || 100.0% || 100.0% || 40.0% || 10.0% || 100.0% || 100.0% ||

Stichting Omroep Gelderland || TV Gelderland || 100.0% || 100.0% || 12.0% || 15.0% || 100.0% || 100.0% ||

Stichting Omroep Limburg || L1 || 96.0% || 97.0% || 43.0% || 38.0% || 38.0% || 41.0% ||

Stichting Omroep Zeeland || Omroep Zeeland || 100.0% || 100.0% || 2.0% || 3.0% || 100.0% || 100.0% ||

Stichting Omrop  Fryslân || Omrop Fryslân || 100.0% || 100.0% || 7.0% || 10.0% || 100.0% || 100.0% ||

Stichting Regionale Omroep Brabant || Omroep Brabant || 100.0% || 100.0% || 75.0% || 75.0% || 100.0% || 100.0% ||

Stichting Regionale Omroep Flevoland || Flevoland (Provincie) || 100.0% || 100.0% || 27.0% || 25.0% || 100.0% || 100.0% ||

Stichting Regionale Omroep Rotterdam-Rijnmond en omgeving || RTV Rijnmond || 87.0% || 70.0% || 79.0% || 70.0% || 100.0% || 100.0% ||

Stichting Regionale Omroep West || TV West || 100.0% || 100.0% || 30.0% || 45.0% || 100.0% || 100.0% ||

Stichting Regionale Televisie Noord || TV Noord || 100.0% || 100.0% || 60.0% || 10.0% || 100.0% || 100.0% ||

Stichting RTV Noord-Holland || Noord-Holland (Provincie) || 100.0% || 100.0% || 54.0% || 59.0% || 100.0% || 100.0% ||

Stichting RTV Oost || TV Oost || 98.0% || 100.0% || 19.0% || 18.0% || 99.0% || 100.0% ||

The Box Holland b.v. || Comedy Central || 10.0% || 11.0% || 3.0% || 1.0% || 100.0% || 100.0% ||

TV 10 b.v.  p/a SBS Broadcasting B.V. || Jetix/Veronica (to 31-12-09) Disney XD/Veronica (from 1-1-10) || 31.0% || 36.0% || 19.0% || 23.0% || 89.0% || 98.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 41 || 42 || 41 || 42 || - || - ||

Compliance rate (IND 3 and 5) || 85.4% || 81.0% || 75.6% || 76.2% || - || - ||

Average % (IND 2, 4, and 6) || 77.9% || 76.5% || 25.6% || 22.4% || 77.0% || 77.4% ||

PART 2 – Comments

Monitoring method

The Nederlandse Publieke Omroep (NPO) [Dutch Public Media Service] collects data on public broadcasting on the Nederland 1, Nederland 2 and Nederland 3 channels on the basis of total programming (minus the exempted categories news and sport, etc.). The data are then forwarded to the Commissariaat voor de Media (CvdM) [Dutch Media Authority].

The commercial broadcasters reported to the CvdM on the basis of a random sample taken from the periods specified by the CvdM. The periods concerned were Saturday 21 March to Friday 27 March 2009, Saturday 9 May to Friday 15 May 2009, Saturday 12 September to Friday 18 September 2009, Saturday 7 November to Friday 13 November 2009, Saturday 20 February to Friday 26 February 2010, Saturday 22 May to Friday 28 May 2010, Saturday 11 September to Friday 17 September 2010, and Saturday 22 October to Friday 29 October 2010.

The commercial broadcasters with a cable coverage of more than 75 percent reported on all the programming in those weeks. For each programme component details were provided, inter alia, of whether it counted towards the transmission time to be taken into account, whether it was a European production, whether it was an independent production, and the year in which it was produced. All broadcasters reported by filling in a form drawn up by the CvdM. The various percentages were then calculated on the basis of the total data submitted.

As a result of the “revised guidelines for monitoring the application of Articles 16 and 17 of the Audiovisual and Media Services (AVMS) Directive” of July 2011 enclosed with the letter of 23 August 2011, it was established which programme channels could be exempted from the reporting requirement on the basis of the ‘tolerance threshold’. Following the introduction of that threshold, broadcasters with a market share below 0.3 percent in a Member State can be exempted from the obligation to report on the European quota obligations. Following the application of that threshold, the reporting obligation applies to 42 programme channels belonging to media organisations falling under Dutch jurisdiction.

Given the specific – and as a rule stricter – regulation of public media organisations in the Netherlands, the Dutch authorities opted not to apply the threshold to rural and regional public media organisations. This means, for example, that, despite their relatively small market share, regional public media organisations must in fact continue to report on compliance with Articles 16 and 17 of the AVMSD.

We found that less than 10 percent of the productions transmitted by two regional public media organisations (Omroep Fryslan and Omroep Zeeland) were independent productions. This is a point to be followed up in the next reporting period.

For calculating market share when applying the threshold, the CvdM used two sources:

1)         The market shares of Stichting KijkOnderzoek (SKO) were used to determine which broadcasts targeted at the Netherlands (with a licence in the Netherlands) have a market share of 0.3 % or above.

2)         The market share figures of the European Audiovisual Observatory (EAO) were used to determine which broadcasts targeted at abroad with a licence in the Netherlands have a market share of 0.3 % or above. These figures are only available for 2009 because the EAO will not publish market share figures for 2010 until the end of December 2011. The assumption is that broadcasters with a market share of 0.3 % or above in 2009 will also be subject to the reporting requirement in 2010.

A) Reasons given by Member State for failure to comply

1. Majority proportion reserved for European works (Article 16):

MTV Networks BV

As in the reporting period 2007 and 2008, various broadcasters belonging to MTV Networks BV reported that in 2009 and/or 2010 European productions accounted for less than 50 percent of their transmission time (mostly  fluctuating between 15 and 25 %, see Annex 1). As a result of the specific type of programming (music and lifestyle), some of those broadcasters continue to have difficulty in complying with the European quota.

The niche character of the Nickelodeon-channels, which are part of MTV Networks BV, being exclusively targeted at children, is also apparent. As a result of this, in 2009 and 2010 again Nickelodeon Netherlands, Denmark, Sweden and Flanders did not comply with the requirement to transmit European works for the majority of their transmission time. It must be pointed out that children’s programmes are relatively expensive. In small countries with a limited language area such as the Netherlands, Flanders and the Scandinavian countries, it is therefore difficult to produce (or arrange to have produced) many domestic children’s programmes. It must also be borne in mind that the supply of European children’s programmes is small and does not always fit in with what Nickelodeon wishes to offer, i.e. non-violent, educational programmes. That is why many ‘domestic’ Nickelodeon programmes from the United States are transmitted.

In 2010 the MTV-channels in Denmark and Flanders did not quite reach the quota, with 48 and 47 percent respectively. This is only slightly down on 2009, when the criterion of 50 percent European productions was complied with.

Lastly, it must be pointed out that, unlike the reports for 2007 and 2008, this time all the information requested was supplied by MTV Networks BV. In addition, MTV Flanders and Nickelodeon Flanders have only been operating since 1 January 2009.

The Box Holland BV (parent company: MTV Networks BV)

With 10 and 11 percent respectively in 2009 and 2010, the broadcaster Comedy Central did not meet the quota for European productions. It did not give any reasons for this. The CvdM will request it in writing to provide details of the reasons.

TV10 BV c/o SBS Broadcasting BV

With a percentage of 31 and 36 percent respectively in the two reporting years, the broadcaster on which SBS Broadcasting transmits daytime children’s programmes, Disney XD (previously Jetix)/Veronica, was not able to meet the criterion of 50 percent European productions. As described above, this media organisation also has difficulty in reaching the quota for European works as a result of the small market for programmes in its own language and the limited availability of children’s programmes from Europe which fit in with its programming.

2. Minimum proportion of European works by independent producers (Article 17)

MTV Networks BV

For seven channels of MTV Networks BV, zero to a few percent independent European productions are reported, while the statutory requirement is to reserve a minimum of 10 percent of transmission time for independently produced European works. Consequently, the channels for which zero percent independent European productions is reported (i.e. MTV Denmark, Norway, Sweden, the Netherlands, Vlaanderen) also do not comply with the 33 percent criterion for recent independent European productions.

Here also, the CvdM will request MTV Networks BV in writing to explain why the prescribed percentages have not been met.

The Box Holland BV (parent company: MTV Networks BV)

As pointed out in the previous paragraph, Comedy Central did not achieve the prescribed percentage of European productions. As a result, the statutory minimum percentage of 10 percent of independent European productions was also not complied with.

Neither broadcasters gave reasons for not achieving the minimum required rate of 10 percent independent productions. The CvdM will request these broadcasters to state the reasons why.

B) Measures taken or envisaged by the Member State

The CvdM will shortly be contacting two commercial media organisations, i.e. MTV Networks BV and The Box Holland BV, in order to get a better idea of the exact reasons why various quota requirements were not met.

With these measures, the Dutch authorities hope to ensure that the compliance rate in the next report is higher than is currently the case.

If required, the Dutch authorities will keep the Commission informed of the results.

C) Further comments

No further comments.

3.19. Austria

PART 1 - Statistical data

Number of channels identified: || 57 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 45 || Quota: || 29 || Reporting: || 16 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ATV Privat TV GmbH & Co KG || ATV || 27.7% || 29.6% || 27.7% || 29.6% || 92.0% || 91.6% ||

Austria 9 TV GmbH || Austria 9 || 50.1% || 72.4% || 48.2% || 48.2% || 76.5% || 86.9% ||

Community TV-GmbH || Okto || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

ORF || ORF2 || 94.8% || 96.7% || 48.7% || 52.4% || 82.9% || 79.5% ||

ORF || ORF2 Europe || 94.8% || 96.7% || 48.7% || 52.4% || 82.9% || 79.5% ||

ORF || ORFeins || 37.9% || 40.6% || 27.9% || 32.0% || 74.9% || 77.3% ||

ProSieben Austria GmbH || Pro Sieben Austria || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

PULS 4 TV GmbH & Co KG || Puls 4 || 58.5% || 51.1% || 19.9% || 18.8% || 25.9% || 20.9% ||

Red Bull Media House GmbH || Red Bull TV || 60.0% || 60.0% || 42.0% || 42.0% || 95.0% || 95.0% ||

Red Bull Media House GmbH || Servus TV || 70.0% || 70.0% || 45.0% || 45.0% || 95.0% || 95.0% ||

Sat.1 Privatrundfunk und Programmgesellschaft mbH || SAT.1 Österreich || 100.0% || 100.0% || 4.1% || 2.8% || 100.0% || 100.0% ||

TW1 TourismusfernsehengmbH || TW1 || 96.2% || 95.9% || 84.9% || 41.2% || 52.8% || 59.8% ||

|| || || || || || || ||

Covered Channels (IND 1) || 12 || 12 || 12 || 12 || - || - ||

Compliance rate (IND 3 and 5) || 83.3% || 83.3% || 83.3% || 83.3% || - || - ||

Average % (IND 2, 4, and 6) || 74.2% || 76.1% || 41.4% || 38.7% || 73.2% || 73.8% ||

PART 2 – Comments

Monitoring method

Data is primarily derived from the following sources:

Market shares:              “Austrian Media Analysis” for 2009 and 2010 respectively. This data is based on the biggest and most comprehensive survey on consumer behaviour in regard of media consumption available in Austria. Single data points stem from broadcasters and internet research.

Platform:                       KommAustria´s files.

Program type:               KommAustria´s files.

Funding:                       Legal situation

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

ATV Privatfernseh GmbH indicated that without a (high) share of international movies and TV-Series remarkable losses of audience share, respectively viewers, would have to be faced.

According to ATV´s opinion European productions are likely to fail to achieve “good” audience shares. In addition European productions - in ATV´s opinion - suffer from remarkable licence- and co-production costs.

Nevertheless it has to be stated, that the share of European works increased from 27.7% in 2009 to 29.6 % in 2010.

All other private broadcasters met the required quota.

2. A minimum proportion of European works by independent producers (Article 17):

As regards the minimum proportion of European works by independent producers the overall picture appears heterogeneous:

Both Austrian-based broadcasters producing a full program (ATV Privat TV GmbH & Co KG and PULS 4 TV GmbH & Co KG) clearly met the required quota. In fact both excelled remarkably (ATV Privat TV GmbH & Co KG: 27.1 % in 2010 after 25.4 % in 2009 and PULS 4 TV GmbH & Co KG: 18,75 % in 2010 after 5,12 % in 2009).

3.20. Poland

PART 1 - Statistical data

Number of channels identified: || 73 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 14 || Quota: || 14 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

4FUN MEDIA S.A. || 4fun.tv || 100.0% || 100.0% || 22.8% || 21.8% || 100.0% || 100.0% ||

ANTEL SP. Z O.O. || TELE 5 || 44.3% || NC || 20.3% || NC || 58.3% || NC ||

CANAL+ CYFROWY SP. Z O.O. || Ale kino! || 48.7% || 53.8% || 44.6% || 47.7% || 22.0% || 33.9% ||

CANAL+ CYFROWY SP. Z O.O. || Canal+ Polska || 43.1% || 49.9% || 34.2% || 31.2% || 76.4% || 63.4% ||

CANAL+ CYFROWY SP. Z O.O. || Canal+ Polska Żółty || 44.9% || 51.5% || 37.6% || 34.8% || 78.1% || 69.9% ||

CANAL+ CYFROWY SP. Z O.O. || Domo || 48.2% || 57.1% || 34.1% || 31.2% || 67.6% || 60.9% ||

CANAL+ CYFROWY SP. Z O.O. || Kuchnia TV || 57.5% || 62.7% || 48.4% || 36.1% || 83.9% || 78.4% ||

CANAL+ CYFROWY SP. Z O.O. || Mini Mini || 44.7% || 43.1% || 40.8% || 37.7% || 51.0% || 52.6% ||

CANAL+ CYFROWY SP. Z O.O. || Planete || 52.9% || 46.5% || 39.4% || 24.0% || 74.4% || 77.4% ||

CANAL+ CYFROWY SP. Z O.O. || Zigzap || 54.7% || 54.7% || 24.5% || 26.6% || 66.3% || 75.9% ||

Eska TV S.A. || Eska TV || NO || 100.0% || NO || 11.4% || NO || 100.0% ||

Fabryka Mediów sp. z o.o. || Patio TV || 54.2% || NO || 17.6% || NO || 75.9% || NO ||

FUNDACJA INNOWACJA || Edusat || 100.0% || 100.0% || 28.8% || 24.8% || 43.3% || 62.0% ||

FUNDACJA INNOWACJA || Edusat Bis || 100.0% || 100.0% || 21.4% || 10.9% || 46.3% || 61.0% ||

FUNDACJA INNOWACJA || Edusat Bis2 || 100.0% || 100.0% || 35.6% || 41.2% || 36.0% || 73.1% ||

FUNDACJA LUX VERITATIS || Trwam || 84.7% || 89.9% || 9.7% || 16.1% || 61.0% || 56.2% ||

ITI Neovision Sp. z o.o. || nFilmHD || NO || 36.1% || NO || 11.9% || NO || 55.8% ||

ITI Neovision Sp. z o.o. || nFilmHD2 || NO || 37.3% || NO || 11.6% || NO || 54.8% ||

KINO POLSKA TV SP. Z O.O. || Kino Polska || 99.7% || 99.3% || 81.1% || 52.5% || 2.0% || 7.8% ||

MEDIA - BIZNES SP. Z O.O. || TV Biznes || 100.0% || 100.0% || 19.1% || 18.8% || 100.0% || 100.0% ||

POLSKIE MEDIA S.A. || TV4 || 62.2% || 54.3% || 59.8% || 50.9% || 80.0% || 79.7% ||

TELESTAR SP. Z O.O. || ITV (Poland) || 100.0% || 100.0% || 31.3% || 36.2% || 100.0% || 100.0% ||

TELEWIZJA POLSAT S.A. || Polsat || 54.1% || 63.5% || 49.0% || 51.1% || 71.7% || 70.6% ||

TELEWIZJA POLSAT S.A. || Polsat 2 || 89.6% || 97.9% || 74.1% || 87.7% || 70.9% || 72.7% ||

TELEWIZJA POLSAT S.A. || Polsat Cafe || 69.5% || 69.8% || 64.2% || 60.3% || 96.4% || 91.1% ||

TELEWIZJA POLSAT S.A. || Polsat Film || NO || 61.7% || NO || 24.4% || NO || 26.9% ||

TELEWIZJA POLSAT S.A. || Polsat HD || NO || 63.5% || NO || 51.1% || NO || 70.6% ||

TELEWIZJA POLSAT S.A. || Polsat Play || 61.7% || 73.6% || 57.6% || 66.9% || 95.0% || 85.0% ||

TELEWIZJA POLSKA S.A. || TVP Białystok/TVP Info || 94.0% || 92.8% || 16.0% || 19.5% || 88.5% || 78.5% ||

TELEWIZJA POLSKA S.A. || TVP Bydgoszcz/TVP Info || 92.8% || 91.3% || 16.5% || 21.0% || 88.3% || 79.3% ||

TELEWIZJA POLSKA S.A. || TVP Gorzów/TVP Info || 92.8% || 90.8% || 14.3% || 19.3% || 87.3% || 76.0% ||

TELEWIZJA POLSKA S.A. || TVP HD || 90.5% || 88.5% || 55.3% || 55.5% || 79.3% || 71.5% ||

TELEWIZJA POLSKA S.A. || TVP Historia || 92.0% || 91.8% || 23.5% || 26.3% || 56.3% || 42.0% ||

TELEWIZJA POLSKA S.A. || TVP Katowice/TVP Info || 92.3% || 90.0% || 15.5% || 16.9% || 88.5% || 74.8% ||

TELEWIZJA POLSKA S.A. || TVP Kielce/TVP Info || 94.7% || 93.3% || 14.6% || 18.8% || 87.3% || 77.3% ||

TELEWIZJA POLSKA S.A. || TVP Kraków/TVP Info || 94.3% || 90.8% || 15.3% || 18.8% || 88.8% || 77.0% ||

TELEWIZJA POLSKA S.A. || TVP Kultura || 85.3% || 83.5% || 39.8% || 41.5% || 26.8% || 30.3% ||

TELEWIZJA POLSKA S.A. || TVP Łódź/TVP Info || 92.8% || 91.8% || 13.9% || 17.8% || 86.9% || 75.8% ||

TELEWIZJA POLSKA S.A. || TVP Lublin/TVP Info || 93.5% || 92.0% || 13.5% || 17.8% || 87.0% || 76.3% ||

TELEWIZJA POLSKA S.A. || TVP Olsztyn/TVP Info || 89.3% || 87.5% || 15.3% || 19.5% || 87.3% || 78.3% ||

TELEWIZJA POLSKA S.A. || TVP Opole/TVP Info || 94.5% || 92.5% || 16.8% || 17.5% || 89.5% || 75.8% ||

TELEWIZJA POLSKA S.A. || TVP Polonia || 95.8% || 95.0% || 45.8% || 51.0% || 68.8% || 66.5% ||

TELEWIZJA POLSKA S.A. || TVP Poznań/TVP Info || 92.5% || 91.5% || 15.8% || 19.5% || 88.0% || 75.5% ||

TELEWIZJA POLSKA S.A. || TVP Rzeszów/TVP Info || 94.3% || 91.5% || 15.0% || 19.3% || 87.5% || 77.0% ||

TELEWIZJA POLSKA S.A. || TVP Szczecin/TVP Info || 93.0% || 88.5% || 14.5% || 16.8% || 87.3% || 74.8% ||

TELEWIZJA POLSKA S.A. || TVP Warszawa/TVP Info || 93.3% || 91.5% || 18.0% || 22.1% || 87.0% || 68.5% ||

TELEWIZJA POLSKA S.A. || TVP Wrocław/TVP Info || 93.5% || 90.7% || 14.5% || 18.8% || 83.3% || 70.5% ||

TELEWIZJA POLSKA S.A. || TVP1 || 63.5% || 62.3% || 29.5% || 30.5% || 61.3% || 59.8% ||

TELEWIZJA POLSKA S.A. || TVP2 || 68.0% || 75.0% || 36.8% || 40.8% || 75.0% || 68.5% ||

TELEWIZJA PULS SP. Z O.O. || TV Puls || 56.9% || 55.4% || 33.8% || 34.3% || 69.9% || 59.8% ||

Telewizja Religia Sp. z o.o. || Religia TV || 84.3% || 85.8% || 23.5% || 28.5% || 61.3% || 60.0% ||

TVN SA || TVN || 53.0% || 68.6% || 23.0% || 21.1% || 88.0% || 85.5% ||

TVN SA || TVN International (Europe) || 83.5% || 82.2% || 45.6% || 38.3% || 66.1% || 78.9% ||

TVN SA || TVN International (USA) || 82.9% || 81.9% || 47.7% || 43.1% || 64.4% || 79.8% ||

TVN SA || TVN Siedem || 43.5% || 46.8% || 28.2% || 30.8% || 69.4% || 66.2% ||

TVN SA || TVN Style || 73.6% || 75.1% || 29.4% || 28.3% || 83.3% || 67.4% ||

TVN SA || TVN Turbo || 83.4% || 86.0% || 42.6% || 40.1% || 98.5% || 99.5% ||

TVN SA || TVN-CNBC Biznes || 87.7% || 83.7% || 14.4% || 8.5% || 73.9% || 81.2% ||

TVS Sp. z o.o. || TVS || 77.5% || 75.6% || 27.9% || 33.3% || 88.2% || 78.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 54 || 58 || 54 || 58 || - || - ||

Compliance rate (IND 3 and 5) || 87.0% || 87.9% || 98.1% || 96.6% || - || - ||

Average % (IND 2, 4, and 6) || 78.4% || 78.4% || 31.0% || 30.8% || 74.0% || 70.3% ||

PART 2 – Comments

Monitoring Method:

Collection data from broadcasters.

In Poland the reporting period in the field of European works, independent European works and new independent works is one quarter.

A) Reasons given by Member State for failure to reach

Majority proportion of European works (Article 16):

a) In 2009, European works constituted 43% of the programming of the channel TVN Siedem. The broadcaster was asked by the President of the KRRiT [Krajowa Rada Radiofonii i Telewizji – National Broadcasting Council] to provide an explanation as to why the proportion was lower than required. In response, it stated that the range of programming would be extended to include works bought from Europe (mainly British and German drama series). As a result, the proportion of European works shown on the TVN Siedem channel in 2010 rose to 47%, which is in compliance with Polish law.

b) In 2009 the proportion of European works on the Canal + Polska channel was 43%. The lower-than-required proportion of European works was due to the KRRiT contesting the way in which broadcasts were defined by the broadcaster. In 2010, after taking into account the comments of the KRRiT, the broadcaster achieved the required proportion of European works.

c) In 2010, its first full calendar year of transmission, the broadcaster of the specialised film channels nFilm HD and nFilm HD2 did not comply with legislation in force in Poland. The KRRiT President called on the broadcaster to provide an explanation or to adapt each of the channels to comply with legislation. The broadcaster indicated that the lower than required proportion of European works was due to a shortage of suitable European feature films not covered by licensing agreements. In addition, it undertook to ensure that in future quarters of the year increasingly more time would be devoted to European works.

d) The proportion of European works on the MiniMini channel was almost 45% in 2009, while in 2010 this proportion fell to 43%, and was therefore lower than the required minimum. The broadcaster was asked to provide an explanation. Corrective plans were put forward in response; however, these have not been implemented. Financial penalties were imposed by the President of the KRRiT because of the lower than required proportion of European works in the second and third quarters of 2010, with the result that the proportion of European works rose to the required 45% in the fourth quarter of the year.

e) The proportion of European works on the specialised channel Tele 5 was below the set minimum in 2009. Its broadcaster, Antel spółka z o.o., was also asked to explain the reasons for its non-compliance with the Radio and Television Act. The broadcaster cited financial difficulties as the reason for the insufficient proportion of European works and undertook to increase its efforts to search for European works from distributors. Its licence expired at the beginning of 2010. A licence was issued to the new owner for a channel with the same name but of a different nature. For these reasons the broadcaster did not provide a report relating to the first quarter of 2010. Since the data for 2010 were not complete, they have not been included in the annual report. It should be stressed, however, that it can be concluded from the reporting data for the subsequent quarters of 2010 received from the new concessionaire, Mediasat Sp. z o.o., that the required proportion of European works was reached.

Minimum proportion of European works by independent producers (Article 17):

a)         In 2010, European works by independent producers constituted 8.5% of the programming of TVN CNBC. Examining the quarters of 2010 individually, it can be concluded that it was only in the first quarter that the broadcaster transmitted a channel on which the proportion of European works was less than that required by the Radio and Television Act. In the other quarters of the year the broadcaster adjusted its output to suit legislative requirements.

b)         In 2009, European works by independent producers accounted for 9.7% of the programming of the educational/advice/religious channel TV Trwam. In 2010 the broadcaster made every endeavour to bring this proportion into line with the requirements of Polish legislation.

B)        Measures taken or envisaged by the Member State

The KRRiT President called on the broadcasters mentioned in sections 1 and 2 above not to act in breach of Articles 15(3) and 15a(1) of the Radio and Television Broadcasting Act. Consequently, most broadcasters brought their channels into line with requirements regarding European works and independent European works. Those broadcasters who did not comply with the request of the President of the KRRiT were fined.

C)        Further comments

1. On 4 November 2004 the KRRiT, on the basis of its statutory authorisation, issued a Regulation which reduced the required proportion of European works on specialised channels. Pursuant to this Regulation, broadcasters of specialised channels must allocate at least 45% of quarterly transmission time to European works, with the exception of information, advertising, teleshopping, and transmission services, textual displays and game shows. The proportion of European works in 2009 on the specialised channels Canal+Polska Żółty, Ale Kino, Domo and MiniMini and in 2010 on the Planete and TVN 7 channels was below 50%, but this was in compliance with the KRRiT Regulation of 4 November 2004.

2. Reporting data for the Patio TV channel only covers 2009, as in 2010 the broadcaster ceased transmission of the channel.

3. Reporting only covers channels that were broadcast for a full calendar year.

4. The channels nFilm HD, nFilm HD2 and Polsat HD began transmission during the course of 2009.

5. From 2009, the transmission of the following channels was ceased: TVN Gra, TVN Lingua, TVN Med., TVP Film, Trochę Młodsza Telewizja, OTV, Promocja TV.

6. Under Polish law trailers for films and television programmes are not considered programmes. If broadcasters were able to regard these as European works, the proportion of these works on certain channels would be somewhat higher.

3.21. Portugal

PART 1 - Statistical data

Number of channels identified: || 39 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 26 || Quota: || 11 || Reporting: || 15 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

DREAMIA - SERVIÇOS DE TELEVISÃO, S.A || Canal Panda || NO || 6.1% || NO || 0.9% || NO || 100.0% ||

DREAMIA - SERVIÇOS DE TELEVISÃO, S.A || Hollywood || NO || 3.1% || NO || 3.1% || NO || 2.5% ||

RTP - RADIO E TELEVISAO DE PORTUGAL || RTP Açores || 61.1% || 61.1% || 33.1% || 31.6% || 88.1% || 88.5% ||

RTP - RADIO E TELEVISAO DE PORTUGAL || RTP Internacional || 89.7% || 91.5% || 32.4% || 32.2% || 89.6% || 94.3% ||

RTP - RADIO E TELEVISAO DE PORTUGAL || RTP Madeira || 62.2% || 65.7% || 21.8% || 25.6% || 93.8% || 88.4% ||

RTP - RADIO E TELEVISAO DE PORTUGAL || RTP Memória || 85.0% || 81.5% || 49.1% || 43.7% || EX || EX ||

RTP - RADIO E TELEVISAO DE PORTUGAL || RTP1 || 61.3% || 69.4% || 22.1% || 29.0% || 93.2% || 95.9% ||

RTP - RADIO E TELEVISAO DE PORTUGAL || RTP2 || 64.1% || 63.1% || 41.4% || 40.9% || 90.8% || 90.9% ||

SOCIEDADE INDEPENDENTE DE COMUNICAÇAO, S.A. (SIC) || SIC || 48.6% || 50.4% || 32.4% || 39.3% || 96.1% || 97.4% ||

SOCIEDADE INDEPENDENTE DE COMUNICAÇAO, S.A. (SIC) || SIC Internacional || 99.9% || 100.0% || 59.2% || 61.3% || 88.2% || 97.5% ||

SOCIEDADE INDEPENDENTE DE COMUNICAÇAO, S.A. (SIC) || SIC Mulher || 45.1% || 46.7% || 24.7% || 21.5% || 99.2% || 95.2% ||

SOCIEDADE INDEPENDENTE DE COMUNICAÇAO, S.A. (SIC) || SIC Radical || 51.5% || 47.7% || 43.2% || 39.5% || 95.0% || 98.2% ||

TVI-TELEVISAO INDEPENDENTE, S.A. || TVI || 66.8% || 67.3% || 22.8% || 24.4% || 92.3% || 91.1% ||

|| || || || || || || ||

Covered Channels (IND 1) || 11 || 13 || 11 || 13 || - || - ||

Compliance rate (IND 3 and 5) || 81.8% || 69.2% || 100.0% || 84.6% || - || - ||

Average % (IND 2, 4, and 6) || 66.8% || 58.0% || 34.7% || 30.2% || 92.6% || 86.7% ||

PART 2 – Comments

Monitoring method

The website of the Entidade Reguladora para a Comunicação Social (ERC - Portuguese Regulatory Authority) (www.erc.pt) contains a section entitled “PORTAL TV/ERC”. This section contains an IT application through which the user can calculate percentages for Portuguese-language programmes, European productions, and independent productions.

All television operators have a login that they use to publish, every three months, information on the total programming for each channel, in accordance with the obligation laid down in Article 49 of the Television Act (right to information).

This information contains the titles of the programmes, their duration, programme type, year and country of production (or co-production), the name of the production company and the original language of each programme.

The ERC confirms the information given for each channel, uploaded in the portal by the operator, and checks that the results coincide with total programming. In this way the results will reflect reality as far as possible.

Confirmation of the information

When the ‘Portal TV/ERC’ was launched in 2008 the ERC drew up a ‘classification manual’ in agreement with the television operators.  The manual used the following as a starting point:

· the Television Act;

· the ‘TWF’ Directive;

· the ‘Suggested new guidelines for monitoring application of Articles 4 and 5 of the Television without frontiers Directive’; and

· the ‘Impact Study of Measures (Community and National) Concerning the Promotion of Distribution and Production of TV Programmes Provided for Under Article 25(a) of the TV Without Frontiers Directive Final Report’ of 24 May 2005.

The ERC's monitoring also takes account of the ‘Study on the application of measures concerning the promotion of the distribution and production of European works in audiovisual media services (i.e. including television programmes and non-linear services)’, Final Study Report, 28th May 2009.

In 2012 the ERC will update the manual to take account of the amendments introduced by Law No 8/2011 of 11 April 2011, transposing the ‘Audiovisual Media Services’ Directive, and of the ‘Revised Guidelines for monitoring the application of articles 16 and 17 of the audiovisual and media services (AVMS) Directive’ (Doc. CC AVMSD (2011) 2).

The ‘classification manual’ helps the operators to fill in the programming chart which is used by the ERC to check that their obligations in this area are being met.

If any information on the country or year of production, the identity of the production company or the original language, needs to be confirmed, the ERC consults the ‘IMDb’ (www.imdb.com) website. It also views some of the programmes in question to confirm the information given to it. If any programmes give rise to doubts, the ERC brings the matter to the attention of the operator. When the rules are not followed, the operator is informed and requested to make corrections.

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

1. Majority proportion of European works (Article 16):

In 2009 two channels did not reach the minimum 50 % transmission time for European works: SIC and SIC Mulher.

In 2010 four channels did not reach this minimum percentage: Canal Panda, Hollywood, SIC Mulher and SIC Radical.

The SIC channel achieved a percentage of 48.6 % in 2009 and therefore was very close to the minimum quota; in 2010 it slightly exceeded the 50 % minimum (50.4 %).

SIC Mulher made positive progress in the period under consideration (45.1 % in 2009 and 46.7 % in 2010); it is thus well-placed to meet the obligations laid down in Article 16 of the Directive in the next few years.

The very low figures for Canal Panda and the Hollywood channel (6.1 % and 3.1 % in 2010 respectively) could be linked to the fact that they are channels that started broadcasting in November 2009, i.e. very recently. The expectation is that they will progressively increase the programming time for European works. In any case both channels have a very small audience share (1.2 % and 1.1 % respectively).  

It is expected that these channels (SIC Mulher, Canal Panda and Hollywood) will progressively reach the 50 % threshold as stipulated at the end of Article 16(1): ‘This proportion (…) should be achieved progressively, on the basis of suitable criteria’.

As regards SIC Radical, the fact that programming was 47.7 % European in 2010 might have been partly due to the economy. It can be hoped that this channel will meet its Article 16 obligations in the coming years as it did, moreover, in 2009 when it achieved a score of 51.5 %.

2. A minimum proportion of European works by independent producers (Article 17)

With the exception of Canal Panda and the Hollyood channel, all the other channels meet the minimum percentage of 10 % as set out in Article 17 of the Directive and indeed significantly exceed it with scores that vary, for the period under consideration, from 21.5 % in the case of SIC Mulher (at the lower end) to 61.3 % in the case of SIC Internacional (at the upper end). Both figures refer to 2010.

As noted in relation to Article 16, the low figures for Canal Panda and the Hollywood channel (0,9 % and 3,1%  in 2010 respectively) could be linked to the fact that they are channels that started broadcasting in November 2009, i.e. very recently. The expectation is that they will progressively increase the programming time for independent production.

Recent independent production (RW)

RTP Memória – although this channel broadcasts a high percentage of independent production (49.1 % in 2009 and 43.7 % in 2010), because of the specific nature of the channel it did not meet the minimum percentage of recent works as set out in Article 17.

As pointed out in earlier reports, RTP Memória is a public service channel that essentially re-broadcasts from RTP's vast archive, covering five decades of programming. Given its specific nature (i.e. broadcasting based on RTP archives), this channel is therefore exempt from the recommendations provided in Article 17 of the Directive, as regards recent independent production. 

B) Measures taken by or envisaged by the Member State

The Portuguese authorities are trying to raise awareness among television operators regarding compliance with Articles 16 and 17, in the belief that a pedagogical approach will be a better motivator and yield more results than applying penalties, which should only be used as a last resort.  

When the ERC found that home cinema channels had results that were very much below the provisions of the Directive, in June 2011 it adopted two communications drawing the attention of two television operators, ZON CONTEÚDOS and DREAMIA, to the requirement that they comply progressively with Articles 16 and 17.

ZON CONTEÚDOS – Actividade de Televisão e Produção de Conteúdos, S.A

The ERC found that the TC Cine, TV Cine 1, TV Cine 2 and TC Cine 3 home cinema channels[44] have not met the provisions of Article 16 of the Directive, a situation made worse by the fact that since 2008 there had been no progressive compliance in the levels of European programming on these channels. Thus on 1 June 2011 the ERC adopted communication 10/OUT-TV/2011 2011[45], which calls on ZON Conteúdos to include in its scheduling for these channels 10 % more European programming each year, starting in 2011, with the reference point the highest percentage already reached by each of the channels in question.

DREAMIA – Serviços de Televisão, S.A.

The ERC found that the same situation applied to two other home cinema channels, MOV and Hollywood[46], not only as regards European programming but also independent productions. Thus on 1 June 2011 the ERC adopted communication 11/OUT-TV/2011[47], which calls on the operator DREAMIA to include in its scheduling for these channels 10 % more European and independent productions each year, starting in 2011.

C) Further comments

No further comments.

3.22. Romania

PART 1 - Statistical data

Number of channels identified: || 82 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 24 || Quota: || 23 || Reporting: || 1 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ABC PLUS MEDIA SA || National TV || 54.0% || 52.0% || 24.0% || 21.0% || 58.0% || 51.0% ||

ALFA-OMEGA TV PRODUCTION SRL || Alfa Omega TV || 67.0% || 68.0% || 40.0% || 43.0% || 100.0% || 100.0% ||

ANALOG TV SRL || Analog TV || 100.0% || NC || 3.9% || NC || 3.9% || NC ||

CLAS MEDIA SRL || Favorit TV || 100.0% || 100.0% || NC || NC || NC || NC ||

CLAS MEDIA SRL || N24 Plus || 89.0% || 86.0% || 69.0% || 27.0% || 62.0% || 17.0% ||

DOGAN MEDIA INTERNATIONAL SA || Kanal D (Romania) || 65.7% || 69.8% || 37.0% || 57.7% || 89.0% || 87.8% ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Action || NC || NC || NC || NC || NC || NC ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Classic || NC || NC || NC || NC || NC || NC ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Comedy || NC || NC || NC || NC || NC || NC ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Drama || NC || NC || NC || NC || NC || NC ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Music || NC || NC || NC || NC || NC || NC ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Secrets || NC || NC || NC || NC || NC || NC ||

DTH TELEVISION GRUP SA ("Boom TV") || Boom Smarty || NC || NC || NC || NC || NC || NC ||

ETNO FOLCLOR MEDIA SRL || Etno TV || 100.0% || 100.0% || 100.0% || 100.0% || 95.0% || 95.0% ||

GLOBAL VIDEO MEDIA SA || Alpha TV Bucuresti || NC || NC || NC || NC || NC || NC ||

GLOBAL VIDEO MEDIA SA || Alpha TV Ploiesti || NC || NC || NC || NC || NC || NC ||

HAPPY MEDIA SRL || Party TV || NC || NC || NC || NC || NC || NC ||

MASS MEDIA ROMANIA DE MAINE SRL || TvRM Cultural || 92.5% || NO || 10.0% || NO || 10.0% || NO ||

MASS MEDIA ROMANIA DE MAINE SRL || TvRM Educational || 94.8% || 95.7% || 10.0% || 10.0% || 10.0% || 10.0% ||

NEW TREND MEDIA SRL || U TV (Romania) || 68.0% || 40.5% || 70.0% || 18.0% || 85.0% || 87.6% ||

OCRAM TELEVIZIUNE SRL || Oglinda TV (OTV) || 90.0% || 90.0% || 40.0% || 40.0% || 50.0% || 50.0% ||

PATRIARHIA ROMANA || Trinitas TV || 100.0% || 100.0% || 11.0% || 10.5% || 11.0% || 10.5% ||

PRATECH TV COMPANY SRL || Pratech TV || 68.0% || NO || 12.0% || NO || 12.0% || NO ||

PRO TV SA || Acasa TV || 51.8% || 50.2% || 30.4% || 26.0% || 66.3% || 88.9% ||

PRO TV SA || Pro Cinema || 49.8% || 53.0% || 26.3% || 37.2% || 46.0% || 51.4% ||

PRO TV SA || Pro TV || 50.2% || 50.9% || 41.9% || 46.2% || 72.1% || 75.7% ||

PRO TV SA || Pro TV International || 100.0% || 100.0% || 56.7% || 57.0% || 88.7% || 90.0% ||

REAL TOP MEDIA SRL || Taraf TV || 100.0% || 100.0% || 100.0% || 100.0% || 95.0% || 95.0% ||

REALITATEA MEDIA SA || Action Star || 27.0% || 31.5% || 27.0% || 31.5% || 54.0% || 64.4% ||

REALITATEA MEDIA SA || CineStar || 43.7% || 39.0% || 43.7% || 39.0% || 25.9% || 36.2% ||

REALITATEA MEDIA SA || ComedyStar || 35.4% || 45.5% || 35.4% || 45.5% || 50.6% || 76.3% ||

SBS BROADCASTING MEDIA SRL || Prima TV (Romania) || 53.4% || 53.7% || 51.2% || 52.3% || 51.2% || 52.3% ||

SC ANTENA TV GROUP SA || Antena 1 || 58.0% || 54.9% || 24.9% || 17.5% || 91.6% || 77.8% ||

SC ANTENA TV GROUP SA || Antena 2 || 93.0% || 92.8% || 0.8% || 1.0% || 100.0% || 100.0% ||

SC ANTENA TV GROUP SA || Antena International (Antena 5) || 100.0% || NC || 75.7% || NC || 100.0% || NC ||

SC ANTENA TV GROUP SA || Euforia Lifestyle TV (Antena 4) || 52.5% || 49.0% || 44.0% || 29.0% || 95.0% || 98.0% ||

SC AXA TV TRANSILVANIA SRL || Axa TV || NC || NC || NC || NC || NC || NC ||

SC DINAMIC AUDIO SERV SRL || Speranta TV || 73.2% || 73.2% || 2.4% || 2.4% || 2.4% || 2.4% ||

SC EURO CHANNEL INTERNATIONAL || Euro Channel || NC || NC || NC || NC || NC || NC ||

SC EX COMPUTER SRL || Club TV || NC || NC || NC || NC || NC || NC ||

SC EXPRES IMAGE SRL || Credo TV || 51.8% || 44.4% || 12.0% || 10.1% || 12.0% || 45.5% ||

SC HAPPY MUSIC SRL || Mynele TV || 87.0% || 79.0% || 11.0% || 14.0% || 3.0% || 4.0% ||

SC INSERV MEDIA SRL || eMaramures || NO || 100.0% || NO || 12.0% || NO || 12.0% ||

SC MEDIA RADIO GALAXIA SRL || Galaxia TV || NC || NC || NC || NC || NC || NC ||

SC MEDIA RADIO GALAXIA SRL || Mulatós TV || NC || NC || NC || NC || NC || NC ||

SC MUSIC CHANNEL || 1 Music Channel (Romania) || 67.0% || 57.0% || 14.0% || 12.0% || 65.0% || 80.0% ||

SC ONE PRODUCTION SRL || One TV (Romania) || NC || NC || NC || NC || NC || NC ||

SC ROMANTICA TELEVISION SRL || Romantica || 37.7% || 37.0% || 16.6% || 22.7% || 28.3% || 59.5% ||

SC SOMES MEDIA TRUST SRL || Transilvania Channel || NO || 55.0% || NO || 25.0% || NO || 45.0% ||

TELECROMA MEDIA SRL || DDTV Direct Digital TV || 40.0% || 40.0% || 10.0% || 10.0% || 50.0% || 50.0% ||

TEMATIC CABLE SRL || Music Mix || 30.0% || 30.0% || 10.0% || 10.0% || 100.0% || 100.0% ||

TEMATIC CABLE SRL || Nota TV || 90.0% || 90.0% || 90.0% || 90.0% || 40.0% || 40.0% ||

TEMATIC CABLE SRL || PV TV || 70.0% || 80.0% || 100.0% || 100.0% || 70.0% || 80.0% ||

TVR - TELEVIZUNEA ROMANIA || TVR Cultural || 72.9% || 73.0% || 14.5% || 50.4% || 16.0% || 55.7% ||

TVR - TELEVIZUNEA ROMANIA || TVR International || 80.2% || 79.8% || NC || NC || NC || NC ||

TVR - TELEVIZUNEA ROMANIA || TVR1 || 51.3% || 43.0% || 13.8% || 62.1% || 11.8% || 35.4% ||

TVR - TELEVIZUNEA ROMANIA || TVR2 || 78.8% || 76.4% || 11.3% || 12.8% || 8.8% || 9.2% ||

TVR - TELEVIZUNEA ROMANIA || TVR3 || 94.2% || 99.8% || 6.1% || 2.3% || 4.4% || 0.4% ||

|| || || || || || || ||

Covered Channels (IND 1) || 56 || 56 || 56 || 56 || - || - ||

Compliance rate (IND 3 and 5) || 58.9% || 50.0% || 60.7% || 58.9% || - || - ||

Average % (IND 2, 4, and 6) || 70.7% || 67.9% || 34.1% || 34.6% || 50.9% || 56.5% ||

PART 2 – Comments

Monitoring method

The National Audiovisual Council in Romania is responsible for monitoring the quotas and requests every 6 months reports from broadcasters (reporting is a legal requirement on the basis of Article 88 of the Regulatory Code of the Audiovisual Content (Decision no. 220 of 24 February 2011): "Broadcasters under Romania’s jurisdiction shall forward half-yearly a report to the Council, according to the model in annex 2, which is part of the present code".

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

In the reference period from 01/01/2009 to 31/12/2010 all the reported channels, with few exceptions, exceeded the majority proportion of transmission time laid down in Article 16 of the Directive.

For the channels where no quota is given (non communicated), compliance with articles 16 and 17 is not possible, as these channels are either too small or deal with very specific topics (for example religious TVs, which show exclusively orthodox programmes).

2. A minimum proportion of European works by independent producers (Article 17):

With few exceptions, all channels have fulfilled the minimum threshold of 10% of broadcasting time in promoting independent European works.

B) Measures taken or envisaged by the Member State

NAC encourages compliance with the quotas. In cases where there are channels facing constraints for some to meet them, especially where they have a small audience share or lack the economic resources to buy European (independent) works or they are special interest channels.

Several channels did not submit their statistical data to the NAC. Against these channels the Council will activate the necessary sanctioning proceeding according to the Audiovisual Law. This penalty is basically a summons including the conditions and terms for abiding by the law in future.  If the broadcaster does not abide by the law within the terms and under the conditions established in the summons or if he infringes again these provisions, a civil penalty from 5,000 Ron–100,000 Ron shall be applied.

C) Further comments

The Romanian media landscape comprises one public and private broadcasters.

According to the Romanian Regulatory Code of the Audiovisual Content (Decision no. 220 of 24 February 2011):

“Art. 85  Broadcasters under Romanian jurisdiction are obliged to ensure, for each television programme, compliance with the following requirements:

a) to reserve for European works, as defined in Art. 1^1 of the Audiovisual Law, minimum 50% of the transmission time, except for the time allocated to news, sports events, games, advertising, as well as teletext and teleshopping services.

b) to reserve at least 10% of the transmission time or at least 10% of their budget allocatted to the programmes for the European works created by independent producers, except for the time allocated to news, sports events, games, advertising, as well as teletext and teleshopping services.

c) respect of the programme structure, as approved by the Council.

The following channels have their audiovisual licence withdrawn: Oltenia TV, Euro Channel, Canal 1 (Senso), Goodlife Channel, Cosmos TV.

As of May 2010, the company DTH Television Grup, that managed the Boom channels (11 channels), has gone bankrupt. There is no statistical data for 2009 available.

The following channels have ceased to broadcast for various reasons: Alpha TV Bucureşti, Alpha TV Ploiesti, Party TV.

3.23. Slovenia

PART 1 - Statistical data

Number of channels identified: || 49 || Reference period: 2009/2010

|| || || || || || ||

Number of channels exempted || 35 || Quota: || 27 || Reporting: || 8

|| || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP)

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010

KANAL A, d.o.o. || Kanal A || NC || NC || NC || NC || NC || NC

NET TV, d.o.o. || NET TV || 34.1% || 40.3% || 11.0% || 13.1% || 99.6% || 100.0%

POP TV d.o.o. || POP BRIO || NO || NC || NO || NC || NO || NC

POP TV d.o.o. || POP TV || NC || NC || NC || NC || NC || NC

PRVA TV, d.o.o. || TV3 || 25.3% || 15.3% || 25.3% || 42.3% || 64.3% || 87.2%

RADIOTELEVIZIJA SLOVENIJA, LJUBLJANA || Televizija Koper Capodistria /TV KC/: regionalni televizijski program || 50.3% || 54.7% || 11.9% || 14.0% || 2.4% || 2.4%

RADIOTELEVIZIJA SLOVENIJA, LJUBLJANA || Televizija Koper Capodistria /TV KC/: televizijski program za italijansko narodno skupnost || 50.3% || 54.7% || 7.4% || 13.3% || 2.0% || 8.3%

RADIOTELEVIZIJA SLOVENIJA, LJUBLJANA || Televizija Maribor - Tele M || 50.3% || 54.7% || 11.9% || 14.0% || 89.0% || 91.3%

RADIOTELEVIZIJA SLOVENIJA, LJUBLJANA || TVS1 (SLO1) || 50.3% || 54.7% || 11.9% || 14.0% || 78.9% || 78.2%

RADIOTELEVIZIJA SLOVENIJA, LJUBLJANA || TVS2 (SLO2) || 50.3% || 54.7% || 11.9% || 14.0% || 78.9% || 78.2%

TELE 59, d.o.o. || RTS || 69.8% || 66.2% || 21.3% || 18.0% || 96.2% || 17.3%

TELEVIDEO TELEVIZIJA, VIDEO IN ZALOZNISTVO D.O.O. LJUBLJANA || TV PIKA || NC || NO || NC || NO || NC || NO

Televizija Novo mesto, d.o.o. || VAŠ KANAL || 38.5% || 31.8% || 19.9% || 25.6% || 94.2% || 86.1%

VTV Studio, d.o.o. || VAŠA TELEVIZIJA (VTV) || 46.2% || 47.2% || 12.5% || 14.2% || 100.0% || 96.4%

|| || || || || || ||

Covered Channels (IND 1) || 13 || 13 || 13 || 13 || - || -

Compliance rate (IND 3 and 5) || 46.2% || 46.2% || 69.2% || 76.9% || - || -

Average % (IND 2, 4, and 6) || 46.6% || 47.4% || 14.5% || 18.3% || 70.5% || 64.5%

PART 2 – Comments

Monitoring method

Under the Article 91 of Media Act Broadcasters are obliged to provide APEK and the Ministry of Culture reports with statistical data on European audiovisual works until the end of February for the previous year. APEK received the data until the end of February 2010 for the year 2009 and until the end of February 2011 for the year 2010. Those data are filled and attached in excel sheets Part Ia and Part Ib.

Under the Article 109 of the Media Act APEK is obliged to carry out a monitoring of the application of the provisions on audiovisual works. In 2010 and 2011 APEK started 9 procedures in all public service programmes, private regional programmes with public obligations and in the programmes with the biggest audience share, with the aim of checking their reported data on audiovisual works.

For that purpose APEK prepared excel sheets for the broadcasters, where they had to enter the required data. APEK required data for the date of broadcasting, time, duration, name of the program, information on production (home, co-production, purchased), type of production (Slovenian, European, other), name and address of the producer(s), type of production (in/dependent) and year of the production (yes/no in the last 5 years) for each broadcasted audiovisual work in broadcaster’s programme for the previous year. The required data also included programme transmission time, the broadcaster’s total transmission time, less the time reserved for news, sports events, games, advertising, teletext services and teleshopping.

After having received the required data APEK started to check the data with AGB Nielsen database. AGB Nielsen database provided APEK with the whole broadcasted material for the previous year. The analysis was conducted in the way that data from the broadcasters excel sheets were compared with AGB Nielsen’s data on the date of broadcasting, time, duration and the name of the program. A problem appeared because only 7 programmes were included in AGB Nielsen database at that time: SLO 1, SLO 2, SLO 3 (national public service broadcasters programmes RTV Slovenija) and national commercial broadcasters POP TV, KANAL A, TV3. Only these programmes were checked on the basis of AGB Nielsen database, in other TV programmes APEK could only check whether the proper program was included (up to the definitions of audiovisual works) and if the provided data from the broadcasters were correctly calculated.

For the reporting purpose APEK prepared 2 separated excel sheets, one with basic statistical data out of the reports and a second one out of the monitoring procedures.

In year 2010 APEK could not finalise some of the monitoring procedures on audiovisual works, as some broadcasters refused to provide APEK with the required data. APEK wanted to check the data on audiovisual works from reports (Article 91 of Mass Media Act) and requested the data on audiovisual works from POP TV, KANAL A and TV PIKA, but they rejected APEK’s request claiming that there is no legal basis for such a request. Since there was no sanction for such a violation in the Mass Media Act, APEK could not impose any measures. Namely, APEK could not examine the audiovisual quota without data on producer’s name and address, origin of production of AV work and date of creation of AV work. Those data could only be provided by the broadcaster.

A similar situation happened in year 2011 when POP TV, KANAL A and POP BRIO responded with the similar claim to APEK’s request on data. POP TV, KANAL A and POP BRIO have the same owner.

Major observations concerning broadcasting, reporting and monitoring

- TV PIKA ceased operations on 31st of August 2010.

- MTV ADRIA ceased operations under Slovenian licence on 5th of May 2010 and moved to Serbia, APEK didn’t receive any report on audiovisual works.

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Article 16):

Report for Year 2009

It was established by monitoring procedure that NET TV failed to reach the proportion of European works. They substantiated their failure with company’s economic problems.

Report for Year 2010

It was established by monitoring procedure that VAŠ KANAL failed to reach the proportion of European works. They substantiated their failure with company’s economic problems.

2. A minimum proportion of European works by independent producers (Article 17):

No comments

B) Measures taken or envisaged by the Member State

Report for Year 2009

In the case of NET TV APEK has obtained an opinion from Ministry of Culture that accepted the given reasons for failure.

Report for Year 2010

In the case of VAŠ KANAL APEK has obtained an opinion from Ministry of Culture that accepted the given reasons for failure.

APEK carried out a monitoring procedure in TV3, it was found they failed to reach the proportion of European works. APEK issued a written warning for failure (15,29%).

C) Further comments

In the future APEK intends to monitor the quota on European audiovisual works in a similar way as in the previous years. Since the Law on Audiovisual Media Services, adopted on 17th of November 2011, includes the provisions on sanctioning for non-cooperation of broadcasters, it is expected that APEK will be more successful in monitoring.

3.24. Slovakia

PART 1 - Statistical data

Number of channels identified: || 34 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 8 || Quota: || 8 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

ATELIER TV s.r.o. || Krupinska televizia || 50.0% || 40.0% || 50.0% || 60.0% || NC || NC ||

C.E.N. s.r.o. || TA3 || 54.7% || 58.9% || 21.8% || 26.0% || NC || NC ||

CE MEDIA s.r.o. || CE TV || 84.9% || 85.1% || 3.0% || 2.9% || NC || NC ||

CREATV, s.r.o. || MusicBox || 65.0% || 65.0% || 95.0% || 95.0% || NC || NC ||

Frantisek Kovats - STUDIO PLUS TV || STUDIO PLUS TV || 100.0% || 100.0% || 10.0% || 10.0% || NC || NC ||

HRONKA PRODUCTION, s.r.o. || TV HRONKA || NO || 0.0% || NO || 0.0% || NO || NC ||

Izidor Heizer - MINI SERVIS || HEIZER TV || 100.0% || 100.0% || 10.0% || 10.0% || NC || NC ||

MAC TV s.r.o. || Joj PLUS || 61.4% || 53.0% || 16.3% || 11.2% || NC || NC ||

MAC TV s.r.o. || Joj TV || 50.9% || 51.0% || 19.0% || 20.2% || NC || NC ||

MARKIZA - SLOVAKIA, SPOL. S R.O. || Doma || 66.6% || 56.9% || 39.3% || 34.0% || NC || NC ||

MARKIZA - SLOVAKIA, SPOL. S R.O. || TV Markiza || 52.9% || 51.8% || 21.6% || 24.1% || NC || NC ||

Martin Valko ZEMPLINSKA PRODUKCNA SPOLOCNOST || TV Zemplin || 100.0% || 100.0% || 80.0% || 80.0% || NC || NC ||

Mega Max Media s.r.o || Bebe TV || 100.0% || 100.0% || 100.0% || 100.0% || NC || NC ||

Milan Janovec-RTV || RTV || 100.0% || 100.0% || 0.0% || 0.0% || NC || NC ||

MV Media, s.r.o. || TOP REGION || 36.0% || 36.0% || 0.0% || 0.0% || NC || NC ||

NFC s.r.o. || 3V || NO || 100.0% || NO || EX || NO || EX ||

Nitricka media s.r.o. || TV Nitricka || NO || 59.0% || NO || 12.0% || NO || NC ||

SATRO s.r.o. || Central TV || 84.9% || 85.2% || 3.6% || 3.4% || NC || NC ||

STV - SLOVENSKA TELEVIZIA || STV1 (Jednotka) || 73.4% || 79.8% || 21.8% || 22.0% || NC || NC ||

STV - SLOVENSKA TELEVIZIA || STV2 (Dvojka) || 93.3% || 97.3% || 22.5% || 22.3% || NC || NC ||

STV - SLOVENSKA TELEVIZIA || STV3 (Trojka) || 95.0% || 99.9% || 13.8% || 13.2% || NC || NC ||

Telemone s.r.o. || MUSIQ 1 || 40.0% || 45.0% || 50.0% || 60.0% || NC || NC ||

Televízia Turiec, s.r.o. || Televízia Turiec (TVT) || 100.0% || 100.0% || 30.0% || 30.0% || NC || NC ||

TV AGENCY, s.r.o. || TV Patriot || 0.9% || 0.5% || 0.0% || 0.0% || NC || NC ||

TV LUX, spol. s r.o. || TV LUX || 87.8% || 57.0% || 30.7% || 26.6% || NC || NC ||

TV ORAVIA s.r.o. || TV ORAVIA || 51.0% || 51.0% || EX || EX || EX || EX ||

|| || || || || || || ||

Covered Channels (IND 1) || 23 || 26 || 22 || 24 || - || - ||

Compliance rate (IND 3 and 5) || 87.0% || 80.8% || 77.3% || 75.0% || - || - ||

Average % (IND 2, 4, and 6) || 71.7% || 68.2% || 29.0% || 27.6% || NC || NC ||

PART 2 – Comments

Monitoring method

The Council for Broadcasting and Retransmission collects the data from broadcasters and does not verify them.

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Article 16):

2. A minimum proportion of European works by independent producers (Article 17)

B) Measures taken by or envisaged by the Member State

Broadcasters of the channels that failed to comply with the obligations set out in the AVMS Directive have been reminded by the Council of their obligations contained in the licenses and have been warned that in case of continuing breaching their obligations the Council will impose sanctions. The Council also reminded that if there are any objective impediments to comply with the obligations, it is necessary to request the granting of an individual exemption.

C) Further comments

No further comments

3.25. Finland

PART 1 - Statistical data

Number of channels identified: || 18 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 2 || Quota: || 2 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

Family Channel Oy || Suomi TV (launch 12/2009) || NO || 35.0% || NO || 14.0% || NO || 100.0% ||

MTV OY || MTV3 || 53.0% || 55.0% || 15.0% || 16.0% || 89.0% || 91.0% ||

MTV OY || MTV3 AVA || 38.0% || 30.0% || 20.0% || 19.0% || 95.0% || 90.0% ||

MTV OY || MTV3 MAX || 52.0% || 44.0% || 39.0% || 18.0% || 87.0% || 95.0% ||

Sanoma Entertainment Finland Oy || KinoTV || 15.0% || 21.0% || 1.5% || 21.0% || 0.0% || 0.0% ||

Sanoma Entertainment Finland Oy || LIV || 19.0% || 31.0% || 19.0% || 31.0% || 100.0% || 100.0% ||

Sanoma Entertainment Finland Oy || Nelonen || 34.0% || 50.0% || 34.0% || 50.0% || 100.0% || 100.0% ||

Sanoma Entertainment Finland Oy (ex. Sanoma Television Oy) || JIM || 15.0% || 23.0% || 15.0% || 23.0% || 100.0% || 100.0% ||

SUBTV OY || MTV3 Juniori || 61.0% || 64.0% || 58.0% || 26.0% || 80.0% || 78.0% ||

SUBTV OY || Sub || 54.0% || 43.0% || 27.0% || 35.0% || 92.0% || 90.0% ||

TV5 Finland Oy || The Voice / TV 5 || 81.0% || 75.0% || 81.0% || 75.0% || 100.0% || 100.0% ||

Yleisradio Oy || TV Finland || 96.0% || 94.0% || 36.0% || 36.0% || 81.0% || 77.0% ||

Yleisradio Oy || YLE FST5 || 91.0% || 92.0% || 28.0% || 36.0% || 83.0% || 92.0% ||

Yleisradio Oy || YLE Teema || 81.0% || 81.0% || 36.0% || 37.0% || 83.0% || 75.0% ||

Yleisradio Oy || YLE TV1 || 91.0% || 91.0% || 30.0% || 28.0% || 87.0% || 84.0% ||

Yleisradio Oy || YLE TV2 || 77.0% || 76.0% || 32.0% || 34.0% || 79.0% || 64.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 15 || 16 || 15 || 16 || - || - ||

Compliance rate (IND 3 and 5) || 66.7% || 56.3% || 93.3% || 100.0% || - || - ||

Average % (IND 2, 4, and 6) || 57.2% || 56.6% || 31.4% || 31.2% || 83.7% || 83.5% ||

PART 2 – Comments

Monitoring method

The monitoring method is a survey, which is sent to all channels that are under Finnish Jurisdiction.

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Article 16):

Five channels have a rate clearly below the requisite proportion of 50 % in 2009. These channels are MTV3 Ava (38 %), Nelonen (34 %), JIM (15 %), KinoTV (15 %) and Liv (19 %).

2. A minimum proportion of European works by independent producers (Article 17)

One channel, Kino TV, has a rate below the requisite proportion of 15 % in 2009

B) Measures taken or envisaged by the Member State

Ficora has issued a reminder to all of the channels who have failed to comply with Sections 16 and 17 of the Act of Television and Radio Operations. Ficora has obligated the channels to increase the proportion of European and independent works.

C) Further comments

No further comments.

3.26. Sweden

PART 1 - Statistical data

Number of channels identified: || 62 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 18 || Quota: || 18 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

AXESS PUBLISHING AB || Axess TV || 85.7% || 88.6% || 71.4% || 75.7% || 67.1% || 71.4% ||

C MORE ENTERTAINMENT AB || Canal+ 69 || 41.0% || NO || 41.0% || NO || 41.0% || NO ||

C MORE ENTERTAINMENT AB || Canal+ Action || 27.0% || 33.0% || 27.0% || 33.0% || 20.0% || 30.0% ||

C MORE ENTERTAINMENT AB || Canal+ Drama || 37.0% || 44.0% || 37.0% || 44.0% || 30.0% || 35.0% ||

C MORE ENTERTAINMENT AB || Canal+ Film || 32.0% || 29.0% || 32.0% || 29.0% || 30.0% || 25.0% ||

C MORE ENTERTAINMENT AB || Canal+ First || 29.0% || 34.0% || 29.0% || 34.0% || 25.0% || 30.0% ||

C MORE ENTERTAINMENT AB || Canal+ Hits || 26.0% || 26.0% || 26.0% || 26.0% || 20.0% || 20.0% ||

C MORE ENTERTAINMENT AB || Canal+ Series (prev. Canal + Comedy) || 19.0% || 20.0% || 19.0% || 20.0% || 20.0% || 20.0% ||

C MORE ENTERTAINMENT AB || SF-Kanalen || 100.0% || 100.0% || 100.0% || 100.0% || 10.0% || 15.0% ||

DTU TELEVISION AB || Kanal Global (prev. Canal 7) || 55.0% || 51.2% || 50.0% || 43.8% || 5.0% || 14.3% ||

Kristen TV i Sverige AB || Kanal 10 || 78.6% || 85.5% || 62.7% || 64.2% || 100.0% || 100.0% ||

LIFESTYLE TV || LIFESTYLE || 57.7% || 61.0% || 10.7% || 14.5% || 100.0% || 100.0% ||

NONSTOP TELEVISION AB || Showtime || 31.2% || 16.5% || 31.2% || 5.7% || 62.8% || 34.5% ||

NONSTOP TELEVISION AB || Silver || 68.4% || 46.6% || 68.4% || 46.6% || 44.6% || 42.0% ||

NONSTOP TELEVISION AB || Star!  || 1.5% || 6.0% || 1.5% || 3.0% || 100.0% || 100.0% ||

NONSTOP TELEVISION AB || TNT7 (prev.Nonstop TV7) || 14.4% || 15.0% || 14.4% || 15.0% || 41.7% || 60.0% ||

SVERIGES TELEVISION  AB || Kunskapskanalen || 92.5% || 87.9% || 16.5% || 25.9% || 91.4% || 93.1% ||

SVERIGES TELEVISION AB || SVT1 || 86.1% || 86.4% || 16.3% || 13.1% || 56.3% || 63.6% ||

SVERIGES TELEVISION AB || SVT2 || 84.0% || 83.8% || 21.1% || 19.1% || 83.5% || 81.6% ||

SVERIGES TELEVISION AB || SVT24 || 95.4% || 90.9% || 9.0% || 12.2% || 7.9% || 11.9% ||

SVERIGES TELEVISION AB || SVTB || 69.8% || 73.2% || 33.0% || 40.7% || 56.4% || 54.8% ||

Sveriges Utbildningsradio AB || UR || 91.0% || 93.0% || 27.0% || 19.0% || 100.0% || 100.0% ||

TV1000 AB || TV1000 || 81.6% || 82.0% || 50.3% || 51.2% || 88.6% || 84.4% ||

TV1000 AB || TV1000 Action || 83.5% || 82.6% || 50.6% || 53.7% || 93.7% || 86.2% ||

TV1000 AB || TV1000 Action East || 80.1% || 79.7% || 77.4% || 59.1% || 38.8% || 45.9% ||

TV1000 AB || TV1000 Balkan || 82.1% || 81.5% || 17.3% || 38.8% || 77.7% || 34.2% ||

TV1000 AB || TV1000 Classic || 76.9% || 81.4% || 52.8% || 37.7% || 18.9% || 33.5% ||

TV1000 AB || TV1000 Drama || 78.2% || 70.6% || 59.0% || 56.9% || 73.6% || 84.9% ||

TV1000 AB || TV1000 East || 84.6% || 82.5% || 73.1% || 55.8% || 58.1% || 43.8% ||

TV1000 AB || TV1000 Family || 71.2% || 75.2% || 36.0% || 47.0% || 85.4% || 81.7% ||

TV1000 AB || TV1000 Nordic || 76.9% || 76.8% || 76.4% || 76.1% || 44.9% || 35.5% ||

TV1000 AB || TV1000 Plus One || 81.6% || 82.0% || 50.3% || 51.8% || 88.6% || 87.7% ||

TV1000 AB || TV1000 Poland || 83.4% || 81.3% || 38.0% || 50.1% || 73.2% || 51.4% ||

TV1000 AB || TV1000 Premium (Baltic) || 85.5% || 84.8% || 10.4% || 14.8% || 100.0% || 100.0% ||

TV4 AB || 7 (earlier TV4 Plus) || 43.0% || 44.0% || 43.0% || 44.0% || 34.0% || 35.0% ||

TV4 AB || TV11 (earlier TV400) || 20.0% || 21.0% || 20.0% || 21.0% || 18.0% || 18.0% ||

TV4 AB || TV4 || 64.0% || 65.0% || 64.0% || 65.0% || 64.0% || 65.0% ||

TV4 AB || TV4 Fakta || 30.0% || 31.0% || 30.0% || 31.0% || 15.0% || 15.0% ||

TV4 AB || TV4 Film || 32.0% || 33.0% || 32.0% || 33.0% || 13.0% || 14.0% ||

TV4 AB || TV4 Guld || 17.0% || 18.0% || 17.0% || 17.0% || 0.0% || 0.0% ||

TV4 AB || TV4 Komedi || 32.0% || 33.0% || 32.0% || 33.0% || 2.0% || 3.0% ||

TV4 AB || TV4 Science Fiction || 10.0% || 11.0% || 10.0% || 11.0% || 0.0% || 0.0% ||

VIASAT PAY CHANNELS AB || Viasat Crime || 38.1% || 73.3% || 38.1% || 73.3% || 100.0% || 100.0% ||

VIASAT PAY CHANNELS AB || viasat Nature || 71.8% || 85.0% || 71.8% || 85.0% || 72.7% || 74.5% ||

|| || || || || || || ||

Covered Channels (IND 1) || 44 || 43 || 44 || 43 || - || - ||

Compliance rate (IND 3 and 5) || 59.1% || 60.5% || 95.5% || 95.3% || - || - ||

Average % (IND 2, 4, and 6) || 57.9% || 59.2% || 38.5% || 39.3% || 51.7% || 51.1% ||

PART 2 – Comments

Monitoring method

All broadcasters, except cable, are required to report on how they fulfill the requirements of Arts. 16 and 17.

This year, the Broadcasting Authority has made efforts to explain what programs should be considered as European works and the difference between “total works” and “qualified works”. In order to obtain correct figures, the Authority has asked for the basic data. The calculations have in most cases been made by the Authority. To ensure that all broadcasters report, there have been frequent contacts and reminders. 

A) Reasons given by the Member State for failure to reach

1. Majority proportion of European works (Art. 16):

The report shows that Swedish broadcasters generally fulfill the requirement as regards European and independent works. The report also shows a clear improvement as regards European works in relation to the figures in previous reports.

Some channels fail to meet the requirements. Most of them are below the 0.3 percent audience share threshold.

The Broadcasting Authority has been in contact with the broadcasters regarding those channels which fail to meet the requirements. The broadcasters have given the following explanations to the failure.

C More Entertainment AB

All of C More Entertainment AB:s channels have audience shares below the 0.3 percent audience share threshold.

Canal+ First – Audience share was 0.2 percent for both 2009 and 2010. Most of the content is produced in Hollywood. The amount of European works continues to rise.

Canal+ Hits – Audience share was 0.1 percent for both 2009 and 2010. The channel is focused towards “blockbuster” with a clear overweight to Hollywood-production.

Canal+ Series (prev. Canal+ Comedy) – Audience share was 0.1 percent for both 2009 and 2010. TV-series of premium-class is dominated by American productions. More content from BBC is sent during 2011.

Canal+ 69 – Audience share was 0.01 percent for 2009. The channel is no longer operational.

Canal+ Action – Audience share was 0.14 in 2009 and 0.15 in 2010. Most of the content is produced in Hollywood. The amount of European works continues to rise.

Canal+ Drama – Audience share was 0.15 in 2009 and 0.16 in 2010. Most of the content is produced in Hollywood. The amount of European works continues to rise.

Canal+ Film – Audience share was 0.15 percent for both 2009 and 2010. The amount of European works has fallen due to that contracts with Spanish and French producers were not renewed.

TV4 AB

TV4 AB is always looking for marketable European titles. The audience appreciates news, game shows and Swedish and European sports. Such programs are not regarded as qualified works in this context. Nordic, German and British content perform well. For TV4 AB it is of great interest to find new and marketable material. The ambition is to reach the levels set out in the AV-Directive.

TV4 Film – Audience share was 0,9 in 2009 and 0,8 in 2010. The channel is a profiled film channel. TV4 AB is working to raise the amount of European works. TV4 AB has a new agreement with SF (Svensk Filmindustri) which will ensure more Swedish works.

TV4 Guld – Audience share was 0.4 percent for both 2009 and 2010. The channel is profiled as a channel for tv-classics and the offerings follows what the audience regards as classics. TV4 AB is working to raise the amount of European works. It has a new agreement with Teaterförbundet (Swedish Union for Theater, Artists and Media) which will ensure more Swedish works.

TV4 Komedi –Audience share was 0.3 percent in 2009 and 0.2 percent in 2010. TV4 AB is working to raise the amount of European works. Danish works have proven to be successful. A new agreement with Teaterförbundet will ensure more Swedish works.

TV4 Science Fiction – Audience share was 0.1 in 2009 and 0.2 in 2010. The genre is to a large degree non-European, but TV4 AB is searching for more European works.

7 – Audience share was 0.4 percent in 2009 and 0.37 percent in 2010. TV4 AB is working to raise the amount of European works. The European works in the channel consist to a large extent of British works.

TV11 – Audience share was 0.6 percent in 2009 and 0.5 percent in 2010. The channel has been re-profiled during 2011. It will offer a higher amount of European works henceforth.

Nonstop Television AB

Showtime – Audience share was 0.1 percent for both 2009 and 2010. The channel is profiled towards action and science fiction. The output of such productions in Europe is limited.

Star! – Audience share was 0.1 percent for both 2009 and 2010. The channel is profiled towards entertainment news. The programs consist of for example interviews with pop stars and actors. Few such programs are produced in Europe.

TNT 7 – Audience share was 0.2 in 2009 and 0.1 in 2010. The channel offers broad entertainment. Most programs are from English speaking countries, but not all of them from the United States. 10 percent is Canadian, 10 percent Australian and 10 percent British.

Viasat Pay Channels

Viasat Crime –Audience share was 0.3 percent in 2009 and 0.2 percent in 2010. The channel is profiled towards action/criminal drama. Most programs within this genre are produced in the United States.

B) Measures taken or envisaged by the Member State

Improved information and more frequent contacts with the broadcasters may have contributed to the better result for 2009 and 2010. The Swedish Broadcasting Authority will continue this work, for example by overseeing the information on its webpage. The Authority will also keep in touch with the broadcasters and remind them of the requirements on European and independent works in the Directive and the reporting obligation. It will put extra focus on and follow those broadcasters which are having problems to fulfill the requirements.  

C) Further comments

Utbildningsradion AB has an individual broadcasting license granted by the government. It does not, however, have a channel of its own. Instead it has a contract with Sveriges Television AB (SVT) which allows them to send their programs in SVT’s channels SVT1, SVT2 and Kunskapskanalen.

Utbildningsradion AB’s programs have been reported in a lump, with their trademark “UR” listed as the channel’s name. 

3.27. United Kingdom

PART 1 - Statistical data

Number of channels identified: || 675 || Reference period: 2009/2010 ||

|| || || || || || || ||

Number of channels exempted || 85 || Quota: || 85 || Reporting: || 0 ||

|| || || || || || || ||

|| || EW (%TQT) || IP (%TQT) || RW(%IP) ||

Broadcaster || Channel || 2009 || 2010 || 2009 || 2010 || 2009 || 2010 ||

4 Ventures Ltd || E4 || 38.7% || 37.0% || 37.7% || 36.0% || 99.8% || 97.2% ||

4 Ventures Ltd || Film 4 || 31.5% || 30.3% || 5.3% || 5.3% || 21.7% || 24.0% ||

4 Ventures Ltd || More 4 || 79.1% || 78.1% || 50.7% || 54.7% || 77.5% || 65.5% ||

914 TV Limited || Elite TV 2 || 100.0% || 100.0% || 0.0% || 100.0% || 0.0% || 100.0% ||

965 TV Limited || Elite TV || NO || 100.0% || NO || 100.0% || NO || 100.0% ||

Advanced Media Ltd || LA Babes || NC || NC || NC || NC || NC || NC ||

AETN UK || History Euro HD || 0.1% || 0.1% || 0.1% || 0.1% || 100.0% || 100.0% ||

Ahlulbayt TV net Ltd || Ahlulbayt || 29.9% || 51.6% || 12.4% || 10.3% || 100.0% || 100.0% ||

AIT International || AIT Int || 10.5% || 38.0% || 7.2% || 19.5% || 22.0% || 45.0% ||

Al Jazeera Internati || Al Jazeera || 33.7% || 30.5% || 25.8% || 23.8% || 100.0% || 100.0% ||

Al Shirkatul Islamiy || MTA 2 - SANIA || NO || 70.4% || NO || 6.6% || NO || 94.7% ||

Al Shirkatul Islamiy || MTA 3 - ALARBIAYA || EX || 58.7% || EX || 0.0% || EX || 0.0% ||

Al Shirkatul Islamiy || Muslim TV Ahmadiyya || 33.1% || 68.8% || 3.2% || 2.6% || 94.7% || 94.8% ||

Al Tayyar Limited || UMC || NO || NC || NO || NC || NO || NC ||

All Entertainment Li || Life Television || 79.5% || NO || 25.8% || NO || 99.8% || NO ||

Arsenal Holdings Plc || AH || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

AXN Europe Limited || ANIMAX (Czech Republ || NO || 3.1% || NO || 3.1% || NO || 100.0% ||

AXN Europe Limited || ANIMAX (Romania) || NO || 3.1% || NO || 3.1% || NO || 100.0% ||

AXN Europe Limited || Anime+ || 0.8% || NO || 0.8% || NO || 100.0% || NO ||

AXN Europe Limited || AXN || 14.5% || NO || 14.5% || NO || 100.0% || NO ||

AXN Europe Limited || AXN (Adria) || 11.3% || 12.1% || 11.3% || 12.1% || 100.0% || 100.0% ||

AXN Europe Limited || AXN (Bulgaria) || NO || 4.6% || NO || 4.6% || NO || 100.0% ||

AXN Europe Limited || AXN (Central Europe) || NO || 2.9% || NO || 2.9% || NO || 100.0% ||

AXN Europe Limited || AXN (Czech Republic) || NO || 2.9% || NO || 2.9% || NO || 100.0% ||

AXN Europe Limited || AXN (Romania) || NO || 6.5% || NO || 6.5% || NO || 100.0% ||

AXN Europe Limited || AXN Crime || 16.9% || NC || 16.9% || NC || 100.0% || NC ||

AXN Europe Limited || AXN Crime (Poland) || NO || 26.2% || NO || 26.2% || NO || 100.0% ||

AXN Europe Limited || AXN Crime Central Eu || NO || 28.4% || NO || 28.4% || NO || 100.0% ||

AXN Europe Limited || AXN Sci-Fi || 6.3% || NO || 6.3% || NO || 40.5% || NO ||

AXN Europe Limited || AXN Sci-Fi (Poland) || NO || 6.3% || NO || 6.3% || NO || 100.0% ||

AXN Europe Limited || AXN Sci-Fi Central E || NO || 8.1% || NO || 8.1% || NO || 100.0% ||

AXN Europe Limited || AXN/AXN HD (Poland) || NO || 4.1% || NO || 4.1% || NO || 100.0% ||

AXN Europe Limited || Film24 || 64.5% || 0.0% || 14.9% || 0.0% || 100.0% || 0.0% ||

AXN North Europe || Animax || 0.5% || 5.8% || 0.5% || 5.8% || 100.0% || 100.0% ||

AXN North Europe || AXN (Germany, Switze || 10.1% || 14.0% || 4.1% || 11.1% || 100.0% || 100.0% ||

AXN Southern Europe || AXN (Italy) || 6.2% || 1.6% || 3.4% || 1.6% || 100.0% || 100.0% ||

AXN Southern Europe || AXN Sci-Fi (Italy) || NO || 0.0% || NO || 0.0% || NO || 0.0% ||

Babeworld TV Ltd || Babeworld TV || 100.0% || NC || 0.0% || NC || 0.0% || NC ||

Baby Network Ltd || Baby TV || NO || 48.5% || NO || 16.7% || NO || 100.0% ||

Baltic Media Allianc || First Baltic Channel || 52.0% || NO || 12.0% || NO || 50.8% || NO ||

Baltic Media Allianc || First Baltic Music || 66.6% || 52.0% || 13.0% || 10.5% || 100.0% || 52.2% ||

Baltic Media Allianc || PanBaltic TV || NO || 52.0% || NO || 10.5% || NO || 52.2% ||

Baltic Media Allianc || REN TV (Baltic versi || 51.1% || 53.0% || 11.0% || 10.9% || 52.0% || 54.7% ||

Bang Channels Limite || Tease Me || 100.0% || NO || 10.3% || NO || 100.0% || NO ||

Bang Channels Limite || Tease Me 2 || 100.0% || NO || 10.3% || NO || 100.0% || NO ||

Bang Channels Limite || Tease me 3 || 100.0% || NO || 10.3% || NO || 100.0% || NO ||

Bang Media (London) || Tease me TV || 100.0% || NO || 12.4% || NO || 100.0% || NO ||

BBC || BBC News 24 || 0.8% || 100.0% || 0.8% || 7.0% || 0.8% || 100.0% ||

BBC || BBC1 || 20.9% || 88.0% || 20.9% || 37.0% || 20.9% || 99.0% ||

BBC || BBC2 || 7.5% || 83.0% || 7.5% || 31.0% || 7.5% || 95.0% ||

BBC || BBC3 || 1.2% || 83.0% || 1.2% || 51.0% || 1.2% || 100.0% ||

BBC || BBC4 || 0.5% || 92.0% || 0.5% || 31.0% || 0.5% || 94.0% ||

BBC || CBBC || 0.5% || 87.0% || 0.5% || 33.0% || 0.5% || 94.0% ||

BBC || Cbeebies || 1.2% || 95.0% || 1.2% || 48.0% || 1.2% || 76.0% ||

BBC World News Ltd || BBC World || NC || 95.8% || NC || 32.7% || NC || 100.0% ||

BBC Worldwide Limite || BBC Entertain Nordic || NC || 98.0% || NC || 45.6% || NC || 52.4% ||

BBC Worldwide Limite || BBC Entertain Poland || NO || 93.9% || NO || 43.5% || NO || 87.2% ||

BBC Worldwide Limite || BBC HD Nordic Region || NC || 99.7% || NC || 50.9% || NC || 96.4% ||

BBC Worldwide Limite || BBC Knowledge Nordic || NC || 97.3% || NC || 33.3% || NC || 51.8% ||

BBC Worldwide Limite || BBC Knowledge Poland || NC || 98.5% || NC || 57.6% || NC || 61.7% ||

BBC Worldwide Limite || BBC Lifestyle Nordic || NC || 72.3% || NC || 54.8% || NC || 81.9% ||

BBC Worldwide Limite || BBC Lifestyle Poland || NO || 69.2% || NO || 59.6% || NO || 77.2% ||

BBC Worldwide Limite || CBeebies || 1.3% || 97.3% || 1.3% || 55.9% || 1.3% || 61.2% ||

BET International In || BET || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

BFTV Limited || Baby First TV || NC || 27.3% || NC || 27.3% || NC || 0.0% ||

Body in Balance Ltd || Body in Balance || 31.3% || 0.0% || 31.3% || 0.0% || 100.0% || 0.0% ||

Body in Balance Ltd || Body In Balance (Eur || 20.0% || 79.9% || 17.1% || 5.7% || 66.7% || 100.0% ||

Box TV Ltd || 4 Music || 40.0% || 52.5% || 31.3% || 33.0% || 80.0% || 90.9% ||

Box TV Ltd || Kerrang || 26.0% || 29.0% || 21.0% || 22.5% || 91.0% || 88.9% ||

Box TV Ltd || Kiss || 32.0% || 22.7% || 25.9% || 17.0% || 99.0% || 100.0% ||

Box TV Ltd || Magic || 44.0% || 55.0% || 35.6% || 50.3% || 38.0% || 10.9% ||

Box TV Ltd || Q || 64.0% || 67.0% || 51.7% || 62.0% || 68.0% || 88.7% ||

Box TV Ltd || Smash Hits || 55.0% || 45.5% || 44.5% || 37.5% || 52.0% || 70.7% ||

Box TV Ltd || The Box || 52.0% || 45.0% || 42.0% || 37.5% || 99.0% || 100.0% ||

Broadcasting (Gaia) || 100% Babes || 40.9% || 46.4% || 40.9% || 46.4% || 100.0% || 100.0% ||

Broadcasting (Gaia) || Amateur Babes || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

Broadcasting (Gaia) || Girls Gone Wild || 22.5% || 21.6% || 22.5% || 21.6% || 100.0% || 100.0% ||

Broadcasting (UK) Li || Hustler TV UK || 30.8% || 28.9% || 30.8% || 28.9% || 100.0% || 100.0% ||

BSkyB || pick TV || 0.8% || 84.5% || 0.8% || 72.4% || 0.8% || 47.1% ||

BSkyB || Sky 1(HD) || 1.2% || 50.4% || 1.2% || 45.7% || 1.2% || 78.7% ||

BSkyB || Sky 2 || 0.5% || 51.2% || 0.5% || 48.1% || 0.5% || 75.0% ||

BSkyB || Sky 3D || NO || 84.8% || NO || 3.4% || NO || 100.0% ||

BSkyB || Sky Arts 1 || 73.2% || 65.7% || 66.7% || 63.2% || 41.0% || 41.8% ||

BSkyB || Sky Arts 2 || 71.9% || 76.1% || 66.6% || 71.5% || 55.9% || 55.5% ||

BSkyB || Sky Atlantic ROI || NO || 63.4% || NO || 57.3% || NO || 39.8% ||

BSkyB || Sky Box Office || 21.4% || 22.6% || 9.1% || 10.0% || 100.0% || 99.0% ||

BSkyB || Sky Movies Action (H || 11.4% || 12.9% || 4.8% || 4.7% || 64.2% || 82.3% ||

BSkyB || Sky Movies Classics || 13.5% || 9.5% || 1.1% || 1.0% || 51.2% || 64.1% ||

BSkyB || Sky Movies Comedy || 11.9% || 8.6% || 5.2% || 2.4% || 86.1% || 95.3% ||

BSkyB || Sky Movies Drama Rom || 12.8% || 14.7% || 6.0% || 8.5% || 62.8% || 78.4% ||

BSkyB || Sky Movies Family || 15.4% || 16.2% || 8.0% || 6.8% || 93.1% || 92.8% ||

BSkyB || Sky Movies Indie || 31.3% || 31.0% || 18.4% || 23.2% || 81.1% || 92.3% ||

BSkyB || Sky Movies Modern Gr || 9.3% || 7.8% || 1.3% || 1.3% || 77.9% || 71.8% ||

BSkyB || Sky Movies Premier || 24.0% || 16.3% || 14.4% || 11.8% || 100.0% || 100.0% ||

BSkyB || Sky Movies Sci-Fi/Ho || 12.6% || 8.7% || 4.3% || 4.6% || 88.3% || 81.1% ||

BSkyB || Sky Movies Showcase || 14.6% || 11.7% || 5.6% || 3.1% || 97.7% || 96.3% ||

BSkyB || Sky Movies Thriller || 13.9% || 14.7% || 5.5% || 7.1% || 100.0% || 98.6% ||

BSkyB || Sky News || 93.9% || 38.6% || 0.0% || 0.0% || 0.0% || 0.0% ||

BSkyB || Sky News HD || 17.1% || 44.4% || 17.1% || 0.0% || 24.0% || 0.0% ||

BSkyB || Sky Real Lives || 73.1% || NO || 66.7% || NO || 65.7% || NO ||

BSkyB || Sky Sports 1 || 55.6% || 88.1% || 14.8% || 39.4% || 100.0% || 100.0% ||

BSkyB || Sky Sports 2 || 51.9% || 82.8% || 26.0% || 53.3% || 100.0% || 100.0% ||

BSkyB || Sky Sports 3 || 51.3% || 82.7% || 24.8% || 66.4% || 100.0% || 100.0% ||

BSkyB || Sky Sports 4 || 53.9% || 83.2% || 31.9% || 70.7% || 100.0% || 100.0% ||

BSkyB || Sky Sports News || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

BSkyB || Sky Three || 72.2% || NO || 59.9% || NO || 67.2% || NO ||

BSkyB || The Pub Channel || 100.0% || 100.0% || 0.3% || 0.1% || 100.0% || 100.0% ||

Business News (Europ || CNBC || 21.3% || 26.3% || 10.1% || 20.4% || 100.0% || 100.0% ||

C Music || C Music TV || 68.0% || 68.0% || 1.2% || 1.2% || 99.0% || 9.9% ||

Canis 103 || FOBO Movies || 0.0% || NC || 0.0% || NC || 0.0% || NC ||

CBS Chellozone UK Ch || CBS Action || 24.2% || 10.5% || 24.2% || 9.0% || 73.4% || 91.9% ||

CBS Chellozone UK Ch || CBS Drama || 13.0% || 14.7% || 13.0% || 14.7% || 100.0% || 66.0% ||

CBS Chellozone UK Ch || CBS Reality || 7.8% || 7.8% || 7.8% || 7.8% || 100.0% || 100.0% ||

CBS Chellozone UK Ch || CBS Reality +1 || 7.8% || 7.8% || 7.8% || 7.8% || 100.0% || 100.0% ||

CBS Chellozone UK Ch || Horror Channel || 9.5% || 16.8% || 9.5% || 16.8% || 80.7% || 80.8% ||

CBS Chellozone UK Ch || Horror Channel + 1 || 9.5% || 16.8% || 9.5% || 16.8% || 80.7% || 80.8% ||

Channel 4 || Channel 4 || 70.0% || 66.0% || 48.0% || 49.0% || 87.0% || 92.0% ||

Channel Five || Five || 61.0% || 54.0% || 53.0% || 40.0% || 83.0% || 53.0% ||

Channel M TV Ltd || Channel M TV for Man || 100.0% || NO || 4.4% || NO || 0.0% || NO ||

Channel Television || ITV1 || 80.0% || 82.0% || 22.0% || 24.2% || 18.0% || 81.5% ||

Channel5 Broadcasti || 5 USA || 9.1% || 0.0% || 9.1% || 0.0% || 0.0% || 0.0% ||

Channel5 Broadcasti || 5* (TLCS) || 51.7% || 45.6% || 49.9% || 45.3% || 97.6% || 93.8% ||

Chat Central Ltd || Club Paradiso || 0.0% || NO || 0.0% || NO || 0.0% || NO ||

Chelsea Digital Medi || Chelsea TV || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

CSC Media Group Ltd || Bliss || 52.0% || 54.0% || 52.0% || 54.0% || 76.9% || 64.8% ||

CSC Media Group Ltd || Chart Show TV || 53.0% || 56.0% || 53.0% || 56.0% || 100.0% || 100.0% ||

CSC Media Group Ltd || Dance Nation TV || NO || 68.0% || NO || 68.0% || NO || 88.2% ||

CSC Media Group Ltd || Flava || 75.0% || 45.0% || 75.0% || 45.0% || 93.3% || 100.0% ||

CSC Media Group Ltd || Kix! || 42.0% || 1.3% || 42.0% || 1.3% || 95.2% || 100.0% ||

CSC Media Group Ltd || POP || 30.0% || 6.6% || 30.0% || 6.6% || 24.4% || 100.0% ||

CSC Media Group Ltd || Pop girl || 37.2% || 0.0% || 37.2% || 0.0% || 69.9% || 0.0% ||

CSC Media Group Ltd || Retro Movies || 7.0% || NO || 7.0% || NO || 29.3% || NO ||

CSC Media Group Ltd || Scuzz || 41.0% || 53.0% || 41.0% || 53.0% || 97.5% || 84.9% ||

CSC Media Group Ltd || The Drama Channel || NO || NC || NO || NC || NO || NC ||

CSC Media Group Ltd || The Vault || 41.0% || 65.0% || 41.0% || 65.0% || 97.5% || 100.0% ||

CSC Media Group Ltd || Tiny Pop || 64.0% || 14.3% || 64.0% || 14.3% || 100.0% || 100.0% ||

CSC Media Group Ltd || True Entertainment || 22.1% || 0.4% || 17.9% || 0.0% || 72.2% || 0.0% ||

CSC Media Group Ltd || True Movies 1 || 3.4% || 0.0% || 1.7% || 0.0% || 0.0% || 0.0% ||

CSC Media Group Ltd || True Movies 2 || 0.3% || 0.2% || 0.2% || 0.0% || 0.0% || 0.0% ||

CTV International Lt || CTV (Cultural TV) || NO || NC || NO || NC || NO || NC ||

Cultoon Television L || Cultoon Television L || 0.0% || NC || 0.0% || NC || 0.0% || NC ||

Cultoon Television L || Voce || 50.0% || 50.0% || 40.0% || 45.0% || 25.0% || 22.2% ||

Cultoon Television L || You & Me || NO || 0.0% || NO || 0.0% || NO || 0.0% ||

Daar Communications || AIT Movistar || NO || NC || NO || NC || NO || NC ||

Dawat-E-Islami UK || Madani Channel || NO || NC || NO || NC || NO || NC ||

Discovery Communicat || Animal Planet (Europ || 77.3% || 68.1% || 15.7% || 8.7% || 42.2% || 50.5% ||

Discovery Communicat || Animal Planet (Italy || 66.4% || 50.0% || 12.2% || 5.0% || 78.8% || 99.4% ||

Discovery Communicat || Animal Planet (UK) || 69.3% || 70.5% || 13.1% || 13.8% || 52.0% || 33.8% ||

Discovery Communicat || Animal Planet HD || 71.9% || 59.7% || 27.4% || 8.5% || 83.3% || 95.4% ||

Discovery Communicat || Animal Planet Nordic || NO || 68.4% || NO || 8.7% || NO || 50.5% ||

Discovery Communicat || Disc Chan (Benleux) || 41.0% || 38.5% || 5.4% || 3.5% || 100.0% || 100.0% ||

Discovery Communicat || Disc Travel & Living || 88.7% || 92.0% || 2.2% || 2.3% || 42.2% || 37.1% ||

Discovery Communicat || Discovery (Central & || 51.1% || 54.1% || 4.3% || 4.2% || 100.0% || 100.0% ||

Discovery Communicat || Discovery (Ukraine) || NO || 59.5% || NO || 1.7% || NO || 100.0% ||

Discovery Communicat || Discovery Cha Nordic || 43.0% || 41.6% || 5.4% || 4.9% || 92.2% || 88.0% ||

Discovery Communicat || Discovery Chan (Ita) || 63.0% || 43.9% || 5.4% || 6.4% || 88.5% || 100.0% ||

Discovery Communicat || Discovery Chan (Uk) || 44.2% || 48.5% || 5.6% || 6.0% || 86.1% || 56.6% ||

Discovery Communicat || Discovery Channel (S || 37.2% || 30.4% || 9.4% || 5.7% || 100.0% || 100.0% ||

Discovery Communicat || Discovery Channel Fr || 42.1% || 40.6% || 7.7% || 3.7% || 80.0% || 98.9% ||

Discovery Communicat || Discovery Flanders || 39.7% || 41.1% || 6.7% || 2.7% || 100.0% || 100.0% ||

Discovery Communicat || Discovery HD || 40.3% || 33.8% || 10.3% || 8.2% || 39.4% || 92.6% ||

Discovery Communicat || Discovery HD Showcas || 35.7% || 24.7% || 9.2% || 4.8% || 72.6% || 93.8% ||

Discovery Communicat || Discovery Historia || 48.3% || 47.4% || 0.5% || 0.1% || 100.0% || 100.0% ||

Discovery Communicat || Discovery History (U || NO || 77.4% || NO || 7.1% || NO || 4.7% ||

Discovery Communicat || Discovery Home and H || 65.2% || 56.0% || 3.4% || 7.1% || 60.5% || 51.4% ||

Discovery Communicat || Discovery Knowledge || 84.1% || NO || 4.2% || NO || 28.4% || NO ||

Discovery Communicat || Discovery Real Time || 93.7% || 77.2% || 10.0% || 3.2% || 44.3% || 58.4% ||

Discovery Communicat || Discovery RT France || 65.0% || NO || 2.6% || NO || 100.0% || NO ||

Discovery Communicat || Discovery RT Italy || 87.9% || 84.3% || 7.1% || 5.8% || 100.0% || 100.0% ||

Discovery Communicat || Discovery Science EU || 54.4% || 44.8% || 5.9% || 6.5% || 68.5% || 62.9% ||

Discovery Communicat || Discovery Science It || 58.0% || 55.9% || 5.1% || 6.0% || 69.1% || 89.1% ||

Discovery Communicat || Discovery Science UK || 36.0% || 34.9% || 4.0% || 8.0% || 82.1% || 86.2% ||

Discovery Communicat || Discovery Shed || 85.8% || 89.9% || 20.8% || 12.0% || 31.8% || 30.3% ||

Discovery Communicat || Discovery T&L Italy || 85.6% || 76.1% || 2.4% || 3.4% || 60.0% || 85.2% ||

Discovery Communicat || Discovery Trav & Liv || 40.8% || 35.0% || 0.4% || 5.1% || 100.0% || 91.6% ||

Discovery Communicat || Discovery Turbo || 58.6% || 67.2% || 12.4% || 19.0% || 18.6% || 50.9% ||

Discovery Communicat || Discovery World (Eur || 58.5% || 59.8% || 3.8% || 3.1% || 27.2% || 64.9% ||

Discovery Communicat || DMAX || 44.9% || 39.5% || 4.6% || 7.4% || 66.8% || 87.6% ||

Discovery Communicat || Investig Disc Europe || 25.7% || 15.2% || 5.9% || 3.8% || 42.0% || 100.0% ||

Discovery Communicat || Investigation Discov || 18.5% || 15.2% || 1.4% || 2.1% || 1.1% || 100.0% ||

Discovery Communicat || Quest || NO || 0.0% || NO || 0.0% || NO || 0.0% ||

Discovery Communicat || Quest 2 || 91.7% || 10.6% || 10.7% || 11.7% || 75.0% || 32.7% ||

Discovery Communicat || TLC || NO || 33.9% || NO || 3.1% || NO || 88.1% ||

Discovery Communicat || TLC (Balkans) || NO || 50.7% || NO || 6.2% || NO || 100.0% ||

Discovery Communicat || TLC (Poland) || NO || 35.3% || NO || 6.8% || NO || 97.5% ||

Discovery Communicat || TLC (Sverige) || NO || 29.8% || NO || 3.1% || NO || 94.7% ||

Divine Television || Divine TV || NO || 91.7% || NO || 8.3% || NO || 0.0% ||

Dolphin Broadcast Se || Men & Movies || NO || 73.1% || NO || 73.1% || NO || 30.0% ||

Dolphin Broadcast Se || Movies4Men || 26.1% || 15.0% || 26.1% || 15.0% || 25.0% || 30.4% ||

Dolphin Broadcast Se || Movies4men2 || 20.0% || 30.0% || 20.0% || 30.0% || 2.0% || 30.0% ||

E! Entertainment UK || E! || 13.8% || 0.3% || 13.8% || 0.3% || 100.0% || 100.0% ||

E! Entertainment UK || E! Entertainmen (It) || 27.4% || 3.9% || 27.4% || 3.9% || 100.0% || 100.0% ||

E! Entertainment UK || E! Entertainment (Fr || 26.1% || 7.9% || 26.1% || 7.9% || 100.0% || 100.0% ||

E! Entertainment UK || E! Entertainment Ire || NO || 0.2% || NO || 0.2% || NO || 100.0% ||

E! Entertainment UK || E! Entertainment Neth || NO || 0.3% || NO || 0.3% || NO || 100.0% ||

E! Entertainment UK || E! Entertainment Pol || 13.8% || 0.3% || 13.8% || 0.3% || 100.0% || 100.0% ||

E! Entertainment UK || E! Entertainment TV || 1.5% || 0.2% || 1.5% || 0.2% || 100.0% || 100.0% ||

E! Entertainment UK || E! Germany || 0.2% || 1.9% || 0.1% || 0.0% || 83.3% || 0.0% ||

E! Entertainment UK || Style || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

Edge Media TV Lim || Controversial TV || 34.5% || 100.0% || 15.5% || 28.6% || 77.4% || 100.0% ||

Education Digital Ma || Teachers' TV || 88.7% || NO || 70.5% || NO || 99.7% || NO ||

Enteraction TV Learn || My Channel || 85.3% || 63.3% || 42.7% || 63.3% || 100.0% || 100.0% ||

Escape Channel Ltd || Lucky Star || 100.0% || EX || 100.0% || EX || 100.0% || EX ||

Eternal World TV Net || EWTN || 21.2% || 49.5% || 11.1% || 13.3% || 66.7% || 72.3% ||

Euro Digital Corpora || TX1 || 0.0% || NO || 0.0% || NO || 0.0% || NO ||

European Channel Bro || BBC Entertainment Eu || 100.0% || 100.0% || 11.0% || 11.6% || 79.5% || 72.9% ||

Fadak TV || Fadak TV || NO || NC || NO || NC || NO || NC ||

FilmFlex Movies Ltd || Barker Channel || 1.2% || 1.2% || 0.0% || 0.0% || 0.0% || 0.0% ||

Forenzquick UK ltd || The Other Side || 100.0% || NO || 0.0% || NO || 0.0% || NO ||

Forenzquick UK ltd || Watchme TV || 100.0% || NC || 0.0% || NC || 0.0% || NC ||

Fox International Ch || f/x Channel || 1.0% || 0.6% || 1.0% || 0.6% || 100.0% || 100.0% ||

Fox International Ch || FX HD || 0.9% || 0.8% || 0.9% || 0.8% || 100.0% || 100.0% ||

Fox International Ch || FX+ || 1.0% || 0.6% || 1.0% || 0.6% || 100.0% || 100.0% ||

Ghana Development Fo || Be Do Have TV || 0.0% || NO || 0.0% || NO || 0.0% || NO ||

Glory TV Ltd || Glory TV || 90.7% || 100.0% || 90.7% || 100.0% || 100.0% || 0.0% ||

GMTV || GMTV 2 || 55.9% || 53.0% || 46.8% || 50.0% || 95.7% || 45.0% ||

GMTV || GMTV+1 || NO || 47.0% || NO || 33.0% || NO || 30.0% ||

GMTV || GMTV1 TLCS || 58.5% || 47.0% || 33.5% || 33.0% || 56.3% || 30.0% ||

Greener Technology || BEN TV || NC || NC || NC || NC || NC || NC ||

H&C TV Limited || Horse & Country TV || 99.7% || 54.7% || 84.8% || 53.5% || 100.0% || 100.0% ||

Hellenic TV Ltd || Hellenic TV || 100.0% || 100.0% || 16.1% || 17.0% || 69.4% || 68.5% ||

HITV || HiTV || 51.0% || 55.2% || 10.0% || 25.0% || 51.1% || 100.0% ||

Hollywood Classics M || OH TV || 85.6% || 100.0% || 85.6% || 100.0% || 100.0% || 100.0% ||

House of Fun TV || House of Fun || 100.0% || NO || 0.0% || NO || 0.0% || NO ||

Information TV Ltd || Information TV || 95.3% || 75.9% || 95.3% || 75.9% || 100.0% || 87.3% ||

Information TV Ltd || Russia Today || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

Information TV Ltd || Showcase || 98.1% || 94.6% || 98.1% || 85.1% || 100.0% || 56.1% ||

Information TV Ltd || Showcase 2 || NO || 80.0% || NO || 62.8% || NO || 100.0% ||

Islam Channel Limite || Islam Channel || 76.2% || 86.7% || 0.6% || 1.5% || 100.0% || 100.0% ||

ITV || ITV1 HD || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV || ITV1 HD (Anglia/Meridian) || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV || ITV1 HD (Central) || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV || ITV1 HD (Granada/Border) || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV || ITV1 HD (London/LWT) || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV || ITV1 HD (Wales/West Country) || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV || ITV1 HD (Yorkshire/Tyne Tees) || NO || 82.0% || NO || 24.0% || NO || 20.0% ||

ITV Breakfast Limite || ITV Breakfast || NO || 53.0% || NO || 29.1% || NO || 100.0% ||

ITV Breakfast Limite || ITV Breakfast 2 || NO || 51.7% || NO || 48.2% || NO || 92.1% ||

ITV plc || CITV || 64.1% || 73.0% || 31.3% || 48.7% || 70.2% || 82.2% ||

ITV plc || ITV Preview 1 || NO || 96.9% || NO || 43.9% || NO || 42.9% ||

ITV plc || ITV1 || 82.0% || 82.0% || 32.0% || 24.2% || 19.0% || 81.5% ||

ITV plc || ITV2 || 50.1% || 57.8% || 12.3% || 10.7% || 94.8% || 93.9% ||

ITV plc || ITV3 || 81.9% || 85.5% || 16.8% || 21.2% || 40.8% || 38.2% ||

ITV plc || ITV4 || 69.2% || 69.5% || 9.9% || 16.7% || 88.4% || 82.7% ||

ITV plc || Men & Motors || 86.9% || NO || 25.7% || NO || 99.3% || NO ||

Jetix Europe Limited || Jetix (FKU) || 64.0% || NO || 16.2% || NO || 36.6% || NO ||

Jetix Europe Limited || Jetix CEE || 69.1% || NO || 20.8% || NO || 43.5% || NO ||

Jetix Europe Limited || Jetix Play Turkey || 52.5% || 58.9% || 27.9% || 25.1% || 0.0% || 0.0% ||

Jetix Europe Limited || Jetix Poland || 68.8% || NO || 10.2% || NO || 36.1% || NO ||

JimJam TV Limited || JimJam (Middle East) || 65.0% || 65.2% || 65.0% || 52.3% || 66.2% || 8.5% ||

JimJam TV Limited || JimJam (Pan European || 67.0% || 65.5% || 67.0% || 56.8% || 34.3% || 19.7% ||

JimJam TV Limited || JimJam(Italian) || 59.0% || 51.8% || 7.8% || 41.7% || 62.7% || 21.6% ||

Just4us TV Ltd || Elite || 100.0% || NO || 100.0% || NO || 100.0% || NO ||

KIDSCO Ltd || Kidsco (CEE) || 31.9% || 32.9% || 19.3% || 0.0% || 0.0% || 0.0% ||

KIDSCO Ltd || KIDSCO (WesternEurop || 14.9% || 21.9% || 14.7% || 0.0% || 0.0% || 0.0% ||

KM TV Limited || D Shopping || NO || 54.0% || NO || 11.1% || NO || 100.0% ||

Life One Broadcastin || Channel 4+1 || 69.6% || NC || 53.6% || NC || 84.9% || NC ||

Life Two Broadcastin || Channel 4 HD || 69.6% || NC || 53.6% || NC || 84.9% || NC ||

Lightdragon Ltd || Fine Living Network || 25.5% || 40.0% || 4.4% || 23.6% || 100.0% || 100.0% ||

Lightdragon Ltd || Food Network || 2.4% || 31.3% || 2.2% || 20.8% || 100.0% || 100.0% ||

Lightdragon Ltd || Food Network (EMEA) || NO || 39.9% || NO || 10.3% || NO || 100.0% ||

Lightdragon Ltd || Food Network HD || 2.4% || 15.1% || 2.2% || 0.0% || 100.0% || 0.0% ||

LIVING TV Group Ltd || Bravo || 32.3% || 29.2% || 16.9% || 12.0% || 100.0% || 86.2% ||

LIVING TV Group Ltd || Bravo 2 || 63.3% || 44.1% || 26.6% || 12.4% || 100.0% || 67.6% ||

LIVING TV Group Ltd || Challenge || 78.1% || 63.1% || 12.3% || 2.4% || 100.0% || 0.0% ||

LIVING TV Group Ltd || Channel One || NO || 37.1% || NO || 5.8% || NO || 69.1% ||

LIVING TV Group Ltd || Living TV || 28.0% || NO || 17.2% || NO || 100.0% || NO ||

LIVING TV Group Ltd || Sky Living HD || NO || 19.2% || NO || 11.8% || NO || 100.0% ||

LIVING TV Group Ltd || Sky Living Loves || 27.0% || 0.7% || 16.0% || 0.0% || 100.0% || 0.0% ||

LIVING TV Group Ltd || Sky Livingit || 55.1% || 31.9% || 21.3% || 10.2% || 100.0% || 84.8% ||

Loveworld Ltd || Loveworld TV || 54.1% || 84.0% || 7.9% || 26.9% || 97.0% || 100.0% ||

Lux.TV UK Ltd || Luxe TV || 100.0% || NC || 0.5% || NC || 100.0% || NC ||

Majestic TV(Ireland) || Buzz TV || 100.0% || NO || 100.0% || NO || 100.0% || NO ||

Manchester United TV || MUTV || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

MGM Channel NLF Ltd || The MGM Channel || 16.3% || 18.0% || 4.8% || 5.5% || 17.3% || 16.4% ||

MGM Channel Poland L || MGM HD || 19.2% || 14.8% || 16.0% || 14.8% || 5.6% || 9.9% ||

MGM Channel UK || MGM HD Channel || 27.0% || 13.6% || 6.8% || 0.8% || 0.0% || 0.0% ||

Mint3D Enterprises L || Cinemoi Movies || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

Mr D S Bal || Brit Asia TV || 57.1% || 65.1% || 6.9% || 9.5% || 0.0% || 0.0% ||

MTV Networks Europe || Comedy Central Polsk || 48.2% || NO || 48.2% || NO || 100.0% || NO ||

MTV Networks Europe || MTV || 42.3% || 26.0% || 33.5% || 17.0% || 100.0% || 100.0% ||

MTV Networks Europe || MTV (Ireland) || 42.4% || 26.0% || 33.5% || 17.8% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Base || 47.6% || 55.7% || 45.6% || 52.7% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Base (France) || 50.4% || 44.9% || 48.1% || 42.7% || 100.0% || 100.0% ||

MTV Networks Europe || MTV CLASSIC || 28.7% || 48.6% || 26.9% || 47.7% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Dance || 64.9% || 67.1% || 64.2% || 66.6% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Espana || 45.8% || NO || 38.1% || NO || 100.0% || NO ||

MTV Networks Europe || MTV Europe (North) || 47.0% || 45.0% || 44.8% || 41.3% || 100.0% || 100.0% ||

MTV Networks Europe || MTV France || 36.5% || 38.1% || 31.7% || 36.7% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Hits || 63.8% || 66.3% || 59.6% || 62.1% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Idol || 65.3% || 60.2% || 59.1% || 56.4% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Live HD Euro || NO || 47.0% || NO || 43.6% || NO || 100.0% ||

MTV Networks Europe || MTV Music || 53.6% || 33.9% || 50.5% || 24.5% || 100.0% || 100.0% ||

MTV Networks Europe || MTV Music 24 || NO || 57.8% || NO || 57.8% || NO || 100.0% ||

MTV Networks Europe || MTV Polska || 34.5% || NO || 33.7% || NO || 100.0% || NO ||

MTV Networks Europe || MTV Portugal || 37.8% || NO || 35.8% || NO || 100.0% || NO ||

MTV Networks Europe || MTV Pulse || 56.4% || 63.8% || 53.2% || 61.2% || 100.0% || 100.0% ||

MTV Networks Europe || MTV ROCKS || 62.1% || 71.0% || 59.0% || 69.7% || 100.0% || 100.0% ||

MTV Networks Europe || MTV SHOWS || 39.8% || NO || 32.0% || NO || 100.0% || NO ||

MTV Networks Europe || MTVNHD(Europe) || 58.1% || NC || 47.6% || NC || 100.0% || NC ||

MTV Networks Europe || MTVNHD(UK) || 58.1% || 47.0% || 47.6% || 43.6% || 100.0% || 100.0% ||

MTV Networks Europe || Nickelodeon (France) || 34.3% || 31.3% || 34.3% || 31.0% || 100.0% || 100.0% ||

MTV Networks Europe || Nickelodeon (Poland) || 38.1% || NO || 27.8% || NO || 100.0% || NO ||

MTV Networks Europe || Nickelodeon Europe || 58.5% || 46.0% || 33.7% || 45.4% || 100.0% || 100.0% ||

MTV Networks Europe || Nickelodeon Junior || NO || 19.6% || NO || 4.5% || NO || 100.0% ||

MTV Networks Europe || Nickelodeon Portugal || 55.7% || NO || 34.0% || NO || 100.0% || NO ||

MTV Networks Europe || VH1 || 56.8% || 53.4% || 53.5% || 50.5% || 100.0% || 100.0% ||

MTV Networks Europe || VH1 - Export || 38.4% || 44.4% || 37.9% || 43.9% || 100.0% || 100.0% ||

MTV Networks Europe || VH1 Europe Classics || 19.9% || 29.0% || 19.9% || 28.9% || 100.0% || 100.0% ||

MTV Networks Europe || VH1 Polska || 58.5% || NO || 56.7% || NO || 100.0% || NO ||

MTV Networks Europe || VIVA || 50.1% || 56.7% || 43.0% || 50.8% || 100.0% || 100.0% ||

MTV Networks Europe || Viva Polska || 67.1% || NO || 59.8% || NO || 100.0% || NO ||

Mushroom TV Ltd || Channel AKA || NO || 81.5% || NO || 65.2% || NO || 21.9% ||

Mushroom TV Ltd || Fizz || NO || 55.5% || NO || 0.0% || NO || 0.0% ||

Mushroom TV Ltd || Greatest Hits TV || NO || 87.2% || NO || 0.0% || NO || 0.0% ||

Music Choice Ltd || Music Choice || 100.0% || 66.7% || 100.0% || 66.7% || 100.0% || 40.0% ||

Music Choice Ltd || Music Choice Video || NO || NC || NO || NC || NO || NC ||

NBC Universal Global || Diva || 0.1% || 0.1% || 0.0% || 0.0% || 0.0% || 0.0% ||

NBC Universal Global || Hallmark (UK) || 0.3% || NC || 0.1% || NC || 100.0% || NC ||

NBC Universal Global || Hallmark 2 || NO || NC || NO || NC || NO || NC ||

NBC Universal Global || Movies 24 || 11.2% || 11.4% || 0.0% || 0.0% || 0.0% || 0.0% ||

NBC Universal Global || Movies 24 Extra || 11.2% || 11.4% || 0.0% || 0.0% || 0.0% || 0.0% ||

NBC Universal Global || Universal Channel (E || NC || NO || NC || NO || NC || NO ||

NBC Universal Global || Universal Channel (U || NC || 0.3% || NC || 0.0% || NC || 0.0% ||

Neovision UK ltd || n Talk || 38.0% || NO || 33.2% || NO || 3.9% || NO ||

New Dehli TV Limited || NDTV 24x7 || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

New OBE Channel Ltd || OBE || NC || NC || NC || NC || NC || NC ||

NGC Europe Limited || Nat Geo Benelux || NO || 42.5% || NO || 41.5% || NO || 95.9% ||

NGC Europe Limited || Nat Geo Wild || NO || 36.7% || NO || 36.0% || NO || 94.6% ||

NGC Europe Limited || National Geograph CE || NC || 45.3% || NC || 44.9% || NC || 94.6% ||

NGC Europe Limited || National Geograph HD || 37.6% || 36.6% || 36.6% || 34.7% || 74.8% || 74.8% ||

NGC Europe Limited || National Geographic || 43.4% || 39.5% || 41.0% || 37.1% || 86.2% || 73.0% ||

NGC Europe Limited || NGHD Benelux || 37.4% || 47.4% || 35.1% || 47.1% || 86.2% || 95.2% ||

NGC Europe Limited || NGHD Poland || 38.8% || 41.3% || 37.4% || 41.2% || 74.3% || 94.0% ||

NGC Europe Limited || Wild || 23.9% || 20.9% || 22.8% || 20.1% || 67.9% || 77.3% ||

NGC Europe Limited || Wild HD || 19.7% || 19.8% || 19.7% || 19.4% || 73.3% || 71.9% ||

Nickelodeon UK Limit || Nick Jr || 47.2% || 53.8% || 39.9% || 50.7% || 69.1% || 78.5% ||

Nickelodeon UK Limit || Nick Jr. (Eire) || 47.2% || 53.8% || 39.9% || 50.7% || 69.1% || 78.5% ||

Nickelodeon UK Limit || Nick Jr. 2 || 43.6% || 44.3% || 33.5% || 42.4% || 49.7% || 63.9% ||

Nickelodeon UK Limit || Nickelodeon || 25.7% || 17.1% || 24.3% || 15.5% || 61.4% || 50.9% ||

Nickelodeon UK Limit || Nickelodeon (Eire) || 25.7% || 17.1% || 24.3% || 15.5% || 61.4% || 50.9% ||

Nickelodeon UK Limit || Nickelodeon HD || 25.7% || 26.0% || 24.3% || 23.5% || 61.4% || 54.0% ||

Nickelodeon UK Limit || Nicktoons Replay || 17.2% || 15.9% || 13.4% || 15.8% || 37.4% || 57.5% ||

Nickelodeon UK Limit || Nicktoons TV || 24.3% || 16.4% || 22.8% || 16.1% || 45.2% || 62.1% ||

Number 1 TV & Media || Fashion One || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

Number 1 TV & Media || NR1 || EX || 100.0% || EX || 0.0% || EX || 0.0% ||

Ocean Finance and Mo || Ocean Finance || 100.0% || 100.0% || 19.1% || 25.0% || 100.0% || 100.0% ||

On Demand Management Ltd || Kino Auf Abruf || 39.5% || NO || 39.5% || NO || 100.0% || NO ||

On Demand Management Ltd || Select Kino || 36.9% || NO || 36.9% || NO || 100.0% || NO ||

Open Access Group Li || Omusic TV || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

Outdoor TV Limited || The Outdoor Channel || NO || 15.2% || NO || 0.0% || NO || 0.0% ||

Paramount UK || Comedy CE (Ireland) || NO || 35.1% || NO || 27.7% || NO || 21.8% ||

Paramount UK || Comedy Central || 19.3% || 20.2% || 6.1% || 9.0% || 68.6% || 69.4% ||

Paramount UK || Comedy Central (Irel || 19.3% || 20.2% || 6.1% || 9.0% || 68.6% || 69.4% ||

Paramount UK || Comedy Central Extra || 40.1% || 35.1% || 15.5% || 27.7% || 32.5% || 21.8% ||

Penny Street TV || Clubland TV || 75.8% || 68.6% || 75.8% || 68.6% || 85.0% || 65.0% ||

Playboy TV UK/Benelu || Adult Channel 2 || NC || NO || NC || NO || NC || NO ||

Playboy TV UK/Benelu || Adult xxx Mums || 83.3% || 79.8% || 83.3% || 79.8% || 92.5% || 79.5% ||

Playboy TV UK/Benelu || Climax || NO || 69.1% || NO || 62.9% || NO || 68.5% ||

Playboy TV UK/Benelu || Climax 2 || 93.7% || NO || 85.3% || NO || 54.1% || NO ||

Playboy TV UK/Benelu || Climax 3 || 77.8% || NO || 70.7% || NO || 62.8% || NO ||

Playboy TV UK/Benelu || Climax 3-1 || 93.1% || NO || 83.8% || NO || 69.8% || NO ||

Playboy TV UK/Benelu || ExGirlfriends || NO || 81.9% || NO || 81.9% || NO || 35.7% ||

Playboy TV UK/Benelu || Extreme || NO || 77.1% || NO || 70.2% || NO || 54.5% ||

Playboy TV UK/Benelu || GirlGirl || NO || 75.4% || NO || 71.8% || NO || 48.2% ||

Playboy TV UK/Benelu || Playboy || 4.9% || NO || 4.7% || NO || 47.6% || NO ||

Playboy TV UK/Benelu || Playboy (France) || 26.3% || 28.6% || 22.9% || 25.0% || 69.1% || 63.0% ||

Playboy TV UK/Benelu || Playboy TV || 33.8% || 35.4% || 30.5% || 31.6% || 75.0% || 64.1% ||

Playboy TV UK/Benelu || Red Light 2 || NO || 34.6% || NO || 34.6% || NO || 51.0% ||

Playboy TV UK/Benelu || Tease Me TV 2 || 43.1% || NO || 43.1% || NO || 80.0% || NO ||

Playboy TV UK/Benelu || The Adult Channel || 96.9% || 79.0% || 91.1% || 71.1% || 89.3% || 69.8% ||

Playboy TV UK/Benelu || Top Shelf TV || 82.5% || NO || 66.8% || NO || 47.1% || NO ||

Playboy TV UK/Benelu || XXX First Timers || NO || 70.2% || NO || 46.2% || NO || 46.1% ||

Playboy TV UK/Benelu || XXX Gay || 50.1% || 45.8% || 41.4% || 38.8% || 80.5% || 61.9% ||

Polsat Futbol Ltd || Polsat Futbol || 86.9% || 79.1% || 83.8% || 71.4% || 100.0% || 100.0% ||

Polsat JimJam || Polsat Jim Jam || NO || 65.6% || NO || 56.8% || NO || 19.7% ||

Portland Broadcastin || Television X Amateur || 100.0% || 100.0% || 100.0% || 100.0% || 55.0% || 55.0% ||

Portland Broadcastin || TelevisionX Brits || 100.0% || 100.0% || 100.0% || 100.0% || 55.0% || 55.0% ||

Portland Broadcastin || TV X - || 100.0% || 100.0% || 100.0% || 100.0% || 55.0% || 75.0% ||

Portland Broadcastin || TV X - Fantasy(DTPS) || 100.0% || 100.0% || 100.0% || 100.0% || 55.0% || 75.0% ||

Press TV Ltd || Press TV || 75.8% || 40.9% || 18.8% || 18.4% || 61.5% || 61.6% ||

Propeller TV Limited || Propeller || 100.0% || 79.9% || 100.0% || 79.9% || 100.0% || 100.0% ||

R Music Limited || Genesis || 70.0% || EX || 20.0% || EX || 15.0% || EX ||

Rainbow HD Holdings || Rush HD || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

Revelation TV Ltd || Revelation || 72.0% || NO || 72.0% || NO || 68.0% || NO ||

RHF Productions Ltd || Blue Tube || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || Cream || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

RHF Productions Ltd || Dirty Talk || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

RHF Productions Ltd || Fantasy || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 75.0% ||

RHF Productions Ltd || Fantasy 1 || 95.1% || 100.0% || 95.1% || 100.0% || 57.7% || 55.0% ||

RHF Productions Ltd || Fantasy 2 || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || Filth || 100.0% || NO || 100.0% || NO || 100.0% || NO ||

RHF Productions Ltd || Flirt TV || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 100.0% ||

RHF Productions Ltd || Gay Chat TV || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || Gay TV || 70.0% || NC || 70.0% || NC || 78.6% || NC ||

RHF Productions Ltd || Red Hot Amateur || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || Red Hot DTPS || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 100.0% ||

RHF Productions Ltd || Red Hot Mums || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 65.0% ||

RHF Productions Ltd || Red Hot TV || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || UK Swingers || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || Viewers Wives || 95.0% || 100.0% || 95.0% || 100.0% || 57.9% || 55.0% ||

RHF Productions Ltd || Xplicit Nightly || 95.0% || NO || 95.0% || NO || 57.9% || NO ||

RHF Productions Ltd || XXXcess || NO || 100.0% || NO || 100.0% || NO || 55.0% ||

Rural TV Ltd || Info TV (3) || 32.5% || NC || 32.5% || NC || 100.0% || NC ||

S4C Limited || S4C Analogue || 99.0% || 99.9% || 84.0% || 85.8% || NC || 88.6% ||

S4C Limited || S4C Digital || 99.5% || 99.9% || 83.5% || 85.8% || 84.7% || 88.6% ||

S4C2 CYF || Top Up TV Anytime (W || NO || 0.0% || NO || 0.0% || NO || 0.0% ||

S4C2 CYF || Virgin 1 || 46.0% || 0.0% || 15.2% || 0.0% || 100.0% || 0.0% ||

Satellite Entertainm || Essex Babes || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

Satellite Entertainm || LiveXXXBabes || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

Satellite Entertainm || Northern Birds || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

Satellite Entertainm || SportXXXBabes || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

Satellite Entertainm || SportXXXGirls || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

SBS Broadcasting Net || FEM3 || NO || 39.2% || NO || 30.5% || NO || 51.7% ||

SBS Broadcasting Net || Kanal 5 || 23.8% || 19.6% || 23.8% || 19.6% || 98.2% || 98.0% ||

SBS Broadcasting Net || Kanal 9 || 36.0% || 49.0% || 36.0% || 49.0% || 74.3% || 74.0% ||

SBS Broadcasting Net || Kanal Fem || 24.1% || 20.8% || 24.1% || 17.8% || 97.6% || 99.1% ||

SBS Broadcasting Net || MAX || NO || 10.2% || NO || 10.2% || NO || 36.1% ||

SBS Broadcasting Net || The Voice TV (Denmar || 38.8% || 38.0% || 10.3% || 10.2% || 100.0% || 100.0% ||

SBS Broadcasting Net || The Voice TV (Norway || 32.1% || 46.2% || 11.4% || 9.0% || 100.0% || 100.0% ||

SBS Broadcsting Netw || Kanal 4 || 34.0% || NC || 25.1% || NC || 88.1% || NC ||

SBS Broadcsting Netw || Kanal 5 Denmark || 19.7% || NC || 13.1% || NC || 100.0% || NC ||

SBS Broadcsting Netw || Kanal 6 || 22.9% || NC || 15.4% || NC || 59.2% || NC ||

SBS Broadcsting Netw || Teve3 || NO || NC || NO || NC || NO || NC ||

Sci Fi Channel Europ || 13th Street Universa || 12.9% || 5.5% || 0.0% || 0.0% || 0.0% || 100.0% ||

Sci Fi Channel Europ || Sci Fi (Pol & Bal) || 0.8% || NC || 0.0% || NC || 0.0% || NC ||

Sci Fi Channel Europ || Sci Fi (Romania) || 0.8% || NC || 0.0% || NC || 0.0% || NC ||

Sci Fi Channel Europ || SCI FI Universal (Po || 0.8% || 3.6% || 0.0% || 1.3% || 0.0% || 62.6% ||

Sci Fi Channel Europ || SCI-FI (Benelux) || 8.2% || NC || 0.0% || NC || 0.0% || NC ||

Sci Fi Channel Europ || Syfy (UK) || 6.7% || 5.0% || 0.0% || 0.0% || 100.0% || 0.0% ||

Sci Fi Channel Europ || SYFY Universal || 11.0% || 10.7% || 10.2% || 4.6% || 81.0% || 54.7% ||

Sci Fi Channel Europ || Syfy Universal (Ben) || 8.2% || 10.9% || 0.0% || 0.0% || 0.0% || 0.0% ||

Sci Fi Channel Europ || Universal (Poland) || 15.4% || 7.0% || 0.0% || 0.1% || 0.0% || 0.0% ||

Sci Fi Channel Europ || Universal (Romania) || 15.4% || 7.0% || 0.0% || 0.1% || 0.0% || 0.0% ||

SDN Ltd || TeleG || 100.0% || 100.0% || 47.3% || 42.2% || 100.0% || 94.0% ||

Shorts International || Shorts TV || NC || 55.3% || NC || 55.3% || NC || 72.2% ||

ShortsTV France Ltd || Shorts TV France || 99.9% || 99.9% || 55.8% || 55.8% || 60.0% || 60.0% ||

Sparrowhawk Internat || 13th Street Universa || 12.9% || 12.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

Sparrowhawk Internat || DIVA Universal (Roma || 23.5% || 13.3% || 5.1% || 0.5% || 64.6% || 0.0% ||

Sparrowhawk Internat || Hallmark (Benelux) || 0.2% || NC || 0.1% || NC || 83.3% || NC ||

Sparrowhawk Internat || Hallmark (Bulgaria) || 23.5% || NC || 5.1% || NC || 64.6% || NC ||

Sparrowhawk Internat || Hallmark (CIS) || 6.3% || NC || 2.0% || NC || 100.0% || NC ||

Sparrowhawk Internat || Hallmark (Hungary,Cz || 6.1% || NC || 3.0% || NC || 71.3% || NC ||

Sparrowhawk Internat || Hallmark (Italy) || 23.5% || NC || 11.5% || NC || 52.2% || NC ||

Sparrowhawk Internat || Hallmark (Poland) || 22.3% || NC || 0.0% || NC || 0.0% || NC ||

Sparrowhawk Internat || Hallmark (Romania) || 23.5% || NO || 5.1% || NO || 64.6% || NO ||

Sparrowhawk Internat || Hallmark (Turkey, Gr || 0.2% || NC || 0.0% || NC || 0.0% || NC ||

Sparrowhawk Internat || Movies 24 (Hungary || 8.5% || NC || 3.1% || NC || 8.8% || NC ||

Sparrowhawk Internat || SYFY Universal (CIS) || NO || NC || NO || NC || NO || NC ||

Sparrowhawk Internat || Universal Channel (G || 1.2% || 32.6% || 0.0% || 0.0% || 0.0% || 0.0% ||

Sparrowhawk Internat || Universal Channel (T || 0.2% || NC || 0.0% || NC || 0.0% || NC ||

SPI TV Limited || FILMBOX || NO || 22.1% || NO || 22.1% || NO || 9.2% ||

SPI TV Limited || Filmbox Extra (Hunga || NO || 26.7% || NO || 26.7% || NO || 18.1% ||

SPI TV Limited || Filmbox Extra (Polan || NO || 57.3% || NO || 56.6% || NO || 55.4% ||

SPI TV Limited || Filmbox Extra 1 || NO || 42.4% || NO || 42.4% || NO || 55.8% ||

SPI TV Limited || FILMBOX HD (Hungary) || NO || 26.7% || NO || 26.7% || NO || 18.1% ||

SPI TV Limited || FILMBOX PLUS || NO || 45.4% || NO || 45.4% || NO || 11.2% ||

Spice Entertainment || Fresh TV || EX || 5.4% || EX || 5.4% || EX || 100.0% ||

Square 1 Management || BlueKiss TV || 100.0% || NO || 100.0% || NO || 100.0% || NO ||

Square 1 Management || Smile TV (DTPS) || 100.0% || NC || 100.0% || NC || 100.0% || NC ||

Sundance Channel (UK || Sundance || 46.0% || 49.0% || 46.0% || 49.0% || 76.1% || 75.0% ||

Supreme Master Telev || Supreme Master TV || 65.8% || 62.5% || 12.5% || 18.8% || 62.5% || 50.0% ||

The Africa Channel L || The Africa Channel || 1.1% || NC || 0.1% || NC || 100.0% || NC ||

The Community Channe || Community Cha (DTPS) || 91.0% || 69.5% || 79.2% || 66.4% || 99.2% || 100.0% ||

The Community Channe || The Community Channe || 91.0% || 69.5% || 79.2% || 66.4% || 99.2% || 100.0% ||

The History Channel || Bio || 20.9% || 20.3% || 13.8% || 12.1% || 39.3% || 51.5% ||

The History Channel || Bio.HD || 3.5% || 6.2% || 3.5% || 3.6% || 27.1% || 58.4% ||

The History Channel || C&I Network HD || 6.9% || 3.6% || 6.6% || 3.0% || 0.5% || 10.3% ||

The History Channel || Crime & Investigatio || 14.4% || 16.4% || 8.9% || 11.9% || 12.4% || 20.7% ||

The History Channel || History Chan Europe || 0.1% || 0.3% || 0.1% || 0.1% || 100.0% || 100.0% ||

The History Channel || History Channel HD || 10.1% || 18.5% || 5.3% || 8.5% || 72.5% || 64.3% ||

The History Channel || Military History || 33.3% || 38.3% || 8.7% || 9.7% || 14.0% || 36.9% ||

The History Channel || The History Channel || 24.6% || 23.3% || 10.3% || 9.8% || 34.8% || 53.5% ||

The Light Academy || Believe TV || NO || 100.0% || NO || 0.0% || NO || 0.0% ||

The Liverpool Footba || lfc tv || 100.0% || 100.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

The Minister for the || Directgov || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% || 0.0% ||

The Walt Disney Comp || Disney Chan Poland || NO || 80.3% || NO || 0.0% || NO || 0.0% ||

The Walt Disney Comp || Disney Channel || 33.1% || 35.7% || 0.1% || 0.1% || 100.0% || 100.0% ||

The Walt Disney Comp || Disney Channel Middl || 94.0% || NC || 3.7% || NC || 100.0% || NC ||

The Walt Disney Comp || Disney Cinemagic || 28.6% || 28.4% || 0.0% || 0.0% || 0.0% || 0.0% ||

The Walt Disney Comp || Disney Cinemagic (Ge || NO || 100.0% || NO || 0.0% || NO || 0.0% ||

The Walt Disney Comp || Disney Cinemagic (Po || 100.0% || 100.0% || 15.2% || 14.6% || 27.2% || 57.7% ||

The Walt Disney Comp || Disney Cinemagic (Sp || 100.0% || 100.0% || 27.2% || 34.0% || 33.3% || 58.9% ||

The Walt Disney Comp || Disney Cinemagic(Fre || 100.0% || 100.0% || 0.3% || 1.5% || 23.8% || 86.1% ||

The Walt Disney Comp || Disney Junior || 50.6% || 51.4% || 1.4% || 1.6% || 0.0% || 0.0% ||

The Walt Disney Comp || Disney Junior (Polan || NO || 84.1% || NO || 7.0% || NO || 100.0% ||

The Walt Disney Comp || Disney Junior (Scand || 98.6% || 98.4% || 3.4% || 0.2% || 100.0% || 100.0% ||

The Walt Disney Comp || Disney XD || 36.3% || 27.1% || 22.5% || 0.0% || 65.0% || 0.0% ||

The Walt Disney Comp || Disney XD Scandinavi || 61.0% || 92.0% || 14.4% || 8.0% || 83.0% || 0.5% ||

The Walt Disney Comp || The Disney Channel S || 76.0% || 63.9% || 1.1% || 19.8% || 100.0% || 5.3% ||

The Walt Disney Comp || Toon Disney Scandina || 99.0% || NO || 0.0% || NO || 0.0% || NO ||

Top Up TV Europe Ltd || Top Up TV Anytime 4 || 100.0% || 100.0% || 100.0% || 100.0% || 97.9% || 100.0% ||

Trace TV (UK) ltd || Open Access 2 || 93.5% || NO || 93.5% || NO || 21.8% || NO ||

Trace TV (UK) ltd || Open Access 3 || 100.0% || NO || 100.0% || NO || 80.9% || NO ||

Travel Channel Inter || The Travel Channel || 60.3% || 61.5% || 18.8% || 23.3% || 100.0% || 100.0% ||

Travel Channel Inter || Travel Channel || 51.1% || 62.4% || 15.7% || 19.6% || 100.0% || 100.0% ||

Travel Channel Inter || Travel Channel 2 || 0.0% || NO || 0.0% || NO || 0.0% || NO ||

Travel Channel Inter || Travel Channel HD || NO || NC || NO || NC || NO || NC ||

Turner Broadcasting || Adult Swim || NO || 0.0% || NO || 0.0% || NO || 0.0% ||

Turner Broadcasting || Boing || NO || 16.9% || NO || 3.6% || NO || 100.0% ||

Turner Broadcasting || Bomerang (German) || NO || 9.5% || NO || 9.4% || NO || 15.4% ||

Turner Broadcasting || Boomerang (French) || 21.3% || 27.3% || 7.2% || 8.3% || 4.6% || 60.5% ||

Turner Broadcasting || Boomerang (Pan Europ || NO || 4.3% || NO || 4.3% || NO || 100.0% ||

Turner Broadcasting || Boomerang (Spain) || NC || 25.7% || NC || 19.4% || NC || 89.3% ||

Turner Broadcasting || Boomerang UK || 47.2% || 54.1% || 0.0% || 44.3% || 0.0% || 86.9% ||

Turner Broadcasting || Boomerang(Nordic) || 7.3% || 9.4% || 7.3% || 8.5% || 34.1% || 61.7% ||

Turner Broadcasting || Cartoon Netw (Ger) || NO || 19.6% || NO || 3.9% || NO || 100.0% ||

Turner Broadcasting || Cartoon Network (Cen || NO || 21.3% || NO || 5.2% || NO || 100.0% ||

Turner Broadcasting || Cartoon Network (Fre || 26.7% || 27.8% || 9.7% || 10.7% || 8.6% || 21.4% ||

Turner Broadcasting || Cartoon Network (Nor || 22.2% || 20.0% || 12.2% || 12.0% || 26.4% || 79.2% ||

Turner Broadcasting || Cartoon Network (Spa || NC || 31.4% || NC || 18.1% || NC || 69.7% ||

Turner Broadcasting || Cartoon Network Dutc || NC || 23.3% || NC || 13.2% || NC || 100.0% ||

Turner Broadcasting || Cartoon Network Pan || 36.7% || 29.0% || 18.9% || 15.0% || 91.2% || 99.9% ||

Turner Broadcasting || Cartoon Network Pol || NO || 21.2% || NO || 5.1% || NO || 4.9% ||

Turner Broadcasting || Cartoon Network Russ || NO || 23.0% || NO || 13.0% || NO || 3.7% ||

Turner Broadcasting || Cartoon Network Too || NO || 58.1% || NO || 32.5% || NO || 100.0% ||

Turner Broadcasting || Cartoon Network UK || NO || 58.7% || NO || 41.6% || NO || 100.0% ||

Turner Broadcasting || Cartoonito || 100.0% || 49.9% || 75.9% || 49.9% || 0.0% || 91.1% ||

Turner Broadcasting || TCM (French Language || NO || 39.0% || NO || 3.4% || NO || 91.1% ||

Turner Broadcasting || TCM (Turner Classic || NC || 20.4% || NC || 8.2% || NC || 0.0% ||

Turner Broadcasting || TCM Clasico || NC || 8.9% || NC || 2.5% || NC || 0.0% ||

Turner Broadcasting || TCM Moderno || 0.0% || 11.6% || 0.0% || 1.9% || 0.0% || 0.0% ||

Turner Broadcasting || TCM Pan European || NO || 29.9% || NO || 20.0% || NO || 0.0% ||

Turner Broadcasting || TCM Poland || NO || 24.5% || NO || 13.4% || NO || 17.5% ||

Turner Broadcasting || TCM2 || NC || 10.3% || NC || 6.7% || NC || 0.0% ||

Turner Broadcasting || TNT (Spain) || NC || 1.5% || NC || 0.0% || NC || 0.0% ||

Turner Broadcasting || TNT Film (Germany) || 11.9% || 10.5% || 10.6% || 8.2% || 4.4% || 0.0% ||

Turner Entertainment || Boomerang (Italian) || 35.9% || NO || 14.1% || NO || 100.0% || NO ||

Turner Entertainment || Cartoon Network (EME || 36.7% || NO || 18.9% || NO || 91.2% || NO ||

Turner Entertainment || Cartoon Network (Ita || 33.3% || NO || 8.6% || NO || 100.0% || NO ||

Turner Entertainment || Nuts TV || 0.0% || NO || 0.0% || NO || 0.0% || NO ||

Turner Entertainment || TCM (Spanish Languag || 9.2% || NO || 6.6% || NO || 0.0% || NO ||

TV Legal Ltd || Sikh Channel || 35.1% || 74.2% || 23.2% || 17.1% || 52.1% || 50.7% ||

TV Two Limited || Massive R&B || NO || 51.6% || NO || 51.6% || NO || 70.0% ||

TV Worx || Fitness TV || NO || 100.0% || NO || 50.0% || NO || 100.0% ||

UKTV || Alibi || 67.5% || 49.8% || 19.8% || 7.7% || 12.7% || 18.4% ||

UKTV || Blighty || 72.4% || 82.5% || 17.7% || 19.9% || 75.1% || 84.5% ||

UKTV || Dave || 85.8% || 84.0% || 26.8% || 32.0% || 64.9% || 64.3% ||

UKTV || Eden || 82.4% || 83.7% || 11.4% || 18.6% || 49.9% || 77.3% ||

UKTV || Good Food || 73.8% || 61.0% || 50.6% || 42.9% || 75.9% || 63.2% ||

UKTV || Home || 59.4% || 61.7% || 28.5% || 33.0% || 67.1% || 93.0% ||

UKTV || Really || 59.4% || 46.5% || 17.7% || 28.2% || 60.5% || 81.2% ||

UKTV || UKTV Gold || 91.5% || 87.1% || 19.9% || 24.8% || 11.1% || 11.3% ||

UKTV || Watch || 78.3% || 69.2% || 29.2% || 28.4% || 58.8% || 60.1% ||

UKTV || Yesterday || 73.2% || 79.3% || 23.8% || 37.8% || 34.6% || 33.8% ||

Ummah Channel Ltd || Ummah Channel || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% || 100.0% ||

United Christian Bro || UCBTV || 40.6% || 27.1% || 38.9% || 26.0% || 99.8% || 98.2% ||

UTV || ITV1 || 83.0% || 82.0% || 27.0% || 24.2% || 23.0% || 81.5% ||

Viasat Broadcasting || 3+ || 18.8% || 13.1% || 12.0% || 10.7% || 100.0% || 100.0% ||

Viasat Broadcasting || 3+ (Baltics) || 80.6% || 14.1% || 80.6% || 14.1% || 100.0% || 100.0% ||

Viasat Broadcasting || 3+ (Estonia) || 84.2% || 24.7% || 84.2% || 24.7% || 100.0% || 100.0% ||

Viasat Broadcasting || TV10 || NO || 62.8% || NO || 62.8% || NO || 100.0% ||

Viasat Broadcasting || TV3 Denmark || 17.0% || 23.9% || 14.0% || 21.5% || 100.0% || 100.0% ||

Viasat Broadcasting || TV3 Norway || 13.7% || NO || 12.0% || NO || 100.0% || NO ||

Viasat Broadcasting || TV3 PULS || NO || 21.9% || NO || 21.9% || NO || 100.0% ||

Viasat Broadcasting || TV3 Sweden || 14.2% || 14.8% || 8.6% || 11.9% || 100.0% || 100.0% ||

Viasat Broadcasting || TV6 || 8.7% || 7.0% || 7.0% || 5.5% || 100.0% || 100.0% ||

Viasat Broadcasting || TV8 (Sweden) || 59.2% || 61.6% || 20.3% || 60.6% || 100.0% || 100.0% ||

Viasat Broadcasting || Viasat 3 (Hungary) || 11.2% || 3.2% || 5.3% || 3.2% || 100.0% || 100.0% ||

Viasat Broadcasting || Viasat 3D || 11.2% || 60.4% || 5.3% || 60.4% || 100.0% || 100.0% ||

Viasat Broadcasting || Viasat 4 || 5.7% || 5.3% || 4.0% || 5.3% || 100.0% || 100.0% ||

Viasat Broadcasting || Viasat 6 || 12.4% || 0.0% || 10.0% || 0.0% || 100.0% || 0.0% ||

Viasat Broadcasting || Viasat Explorer || 68.0% || 74.1% || 50.0% || 26.0% || 100.0% || 100.0% ||

Viasat Broadcasting || Viasat History || 70.0% || 79.7% || 55.0% || 20.4% || 100.0% || 100.0% ||

Viasat Broadcasting || Viasat Nature (CEE) || NO || 66.7% || NO || 0.0% || NO || 0.0% ||

Viasat Broadcasting || ZTV || 54.0% || NO || 45.0% || NO || 100.0% || NO ||

Vintage Entertainmen || Vintage TV || NO || 100.0% || NO || 100.0% || NO || 100.0% ||

Wedding TV Limited || Wedding TV || 70.3% || 70.3% || 70.3% || 70.3% || 100.0% || 100.0% ||

Wedding TV Limited || Wedding TV Asia || 62.6% || NC || 62.6% || NC || 100.0% || NC ||

West Studio Limited || Al Fayhaa || NO || 0.0% || NO || 0.0% || NO || 0.0% ||

World Fashion Channe || World Fashion Channe || 100.0% || 100.0% || 40.0% || 44.0% || 100.0% || 100.0% ||

You TV Plc || Sumo TV Ltd || 66.7% || 52.4% || 41.7% || 52.4% || 100.0% || 100.0% ||

Zoe Interactive || The Karaoke Chan || 100.0% || NC || 0.0% || NC || 0.0% || NC ||

Zonemedia Broadcasti || Club TV (Poland) || 36.6% || 48.7% || 12.2% || 44.7% || 100.0% || 100.0% ||

Zonemedia Broadcasti || Extreme Sports || NO || 34.1% || NO || 24.8% || NO || 100.0% ||

Zonemedia Broadcasti || Extreme Sports Chann || NO || 61.3% || NO || 42.8% || NO || 100.0% ||

Zonemedia Broadcasti || Extreme Sports PE || NO || 54.4% || NO || 38.2% || NO || 100.0% ||

Zonemedia Broadcasti || Extreme Sports POL || NO || 35.0% || NO || 29.8% || NO || 100.0% ||

Zonemedia Broadcasti || Horror Channel || 3.2% || 3.2% || 3.2% || 3.2% || 100.0% || 100.0% ||

Zonemedia Broadcasti || TV 2 || NO || 70.3% || NO || 70.3% || NO || 100.0% ||

Zonemedia Broadcasti || Zone Club (Hungary) || 36.8% || 52.4% || 12.6% || 49.0% || 100.0% || 100.0% ||

Zonemedia Broadcasti || Zone Club (Poland) || 36.6% || NC || 12.2% || NC || 100.0% || NC ||

Zonemedia Broadcasti || Zone Europa || 90.3% || 75.8% || 14.6% || 71.2% || 100.0% || 5.7% ||

Zonemedia Broadcasti || Zone Fantasy || 3.2% || NC || 3.2% || NC || 100.0% || NC ||

Zonemedia Broadcasti || Zone Horror (Netherl || 9.9% || NO || 9.9% || NO || 0.0% || NO ||

Zonemedia Broadcasti || Zone Reality || 16.8% || 16.8% || 8.2% || 8.2% || 73.7% || 73.7% ||

Zonemedia Broadcasti || Zone Reality (EMEA 2 || 11.3% || 11.3% || 5.3% || 5.3% || 81.2% || 81.2% ||

Zonemedia Broadcasti || Zone Reality (Poland || 13.6% || 13.6% || 7.6% || 7.6% || 80.1% || 80.1% ||

Zonemedia Broadcasti || Zone Romantica || 10.6% || 13.8% || 4.6% || 9.6% || 100.0% || 72.5% ||

Zonemedia Broadcasti || Zone Romantica (2) || 6.5% || 6.5% || 6.5% || 6.5% || 100.0% || 100.0% ||

|| || || || || || || ||

Covered Channels (IND 1) || 470 || 523 || 470 || 523 || - || - ||

Compliance rate (IND 3 and 5) || 44.5% || 41.3% || 59.4% || 54.1% || - || - ||

Average % (IND 2, 4, and 6) || 48.1% || 47.4% || 28.5% || 27.5% || 66.6% || 65.8% ||

PART 2 – Comments

Monitoring method

The UK’s independent regulator, the Office of Communications (Ofcom), is responsible for monitoring the quotas and requested annual returns from broadcasters for 2009 and 2010. Broadcasters provided their returns using an on-line reporting system and Ofcom collated the information in the format required by the Commission.

The following channels were new launches during the reference period and were not broadcasting for a complete year:

Ahlulbayt, AXN (Adria), AXN Spin (Central Europe), MGM HD Channel, Wild HD, Nickelodeon HD, NTV, MAX, FILMBOX, Filmbox Extra (Hungary), Filmbox Extra 1, FILMBOX HD (Hungary), FILMBOX PLUS, Sundance, Disney Cinemagic (Germany), Ummah Channel, Disney XD.

A) Reasons given by the Member State for failure to reach

1. A majority proportion of European works (Art. 16):

(a) Subject matter of the channel:

E4, Film 4, Al Jazeera, Muslim TV Ahmadiyya, 4 Music, Kiss, Kerrang, Magic, Scuzz,  True Entertainment, True Movies, True Movies 2, Cultoon Television L, Voce, You & Me, E!, E! Entertainment (France), E! Entertainment (Poland), E! Entertainment (Italy), E! Entertainment (Ireland), E! Entertainment (Netherlands), E! Entertainment TV, The Style Network, Five USA, Red Light 1, The MGM Channel, MGM HD, VH1 Classic, MTV TWO, MTV R, TMF UK, Kino Auf Abruf, Select Kino, Playboy, Playboy TV, Rush HD, The Africa Channel, Disney Channel, Disney Cinemagic, Alibi, Really, UKTV Gold.

(b) When the channel commenced broadcasting:

Food Network, Food Network HD, Food Network (EMEA), Kanal Fem, Disney Cinemagic (Portuguese), Disney Cinemagic (Spanish).

(c) Difficulty in finding European programmes or finding European programmes at competitive prices:

Anime+, Animax, ANIMAX (Czech Republic), ANIMAX (Romania), AXN (Bulgaria), AXN (Central Europe), AXN (Czech Republic), AXN (Italy), AXN/AXN HD (Poland), AXN (Romania), AXN Crime, AXN Crime (Poland), AXN Crime Central Europe, AXN (Germany, Switzerland), AXN Sci-Fi, AXN Sci-fi (Italy), AXN Sci-Fi (Poland), AXN Sci-Fi Central Europe, Baby TV, BET, Body in Balance, 100% Babes, Girls Gone Wild, CNBC, C Music TV, CBS Action, CBS Drama, CBS Reality, CBS Reality +1, Horror Channel, Horror Channel +1, 5 USA, 5* (TLCSS), Flava, Kix!, POP, Pop Girl, Tiny Pop, Animal Planet (Europe), Animal Planet (Italy), Animal Planet (UK), Animal Planet HD, Animal Planet Nordic, Disc Channel (Benelux), Discovery (Central & Eastern Europe), Discovery Channel Nordic, Discovery (Ukraine), Discovery HD, Discovery Channel (UK), Discovery HD, Discovery Channel (Italy), Discovery Channel (Scandinavia), Discovery Channel France, Discovery HD Showcas, Discovery Flanders, Discovery RT Italy, Discovery Science Italy, Discovery Science UK, Discovery Lifestyle, Discovery Shed, Discovery Historia, Discovery History (UK), DMAX, Investigation Discovery Europe, Quest 2, TLC, TLC (Balkans), TLC (Poland), TLC (Romania), TLC (Sverige), Movies4Men,  Movies4Men 2, f/x Channel, FX+, FX HD, Bravo, Living TV, Living+2, Islam Channel, Fine Living Network, Diva, Hallmark (UK), Universal Channel, Movies 24, Movies 24 +, Movies 24 Extra, n Talk, National Geographic HD,  National Geographic Channel,  National Geographic Benelux, National Geo Wild, National Geographic CE, NGHD Benelux, NGHD Poland, History Euro HD, Wild, Nick Jr, Nick Jr. (Eire), Nickelodeon, Nickelodeon (Eire), Nicktoons TV, The Outdoor Channel, Comedy  Central (Ireland), Comedy Central, Comedy Central Extra, Info TV (3), Kanal 4, Kanal 5, Kanal 5 (Denmark), Kanal 6, The Voice TV (Denmark), The Voice TV (Norway), 13th Street, Sci Fi (Pol&Bal), Sci Fi (Romania), Sci Fi (Benelux), SyFy (UK), SYFY Universal, SyFy Universal (Ben), Universal (Poland), Universal (Romania), Hallmark (Hungary, Cz), Hallmark (Bulgaria), Hallmark (Benelux), Hallmark (CIS), Hallmark (Italy), Hallmark (Poland), Hallmark (Romania), Hallmark (Turkey, Gr), Universal Channel (G), Movies 24 (Hu), Bio, Bio.HD, C&I Network HD, Crime & Investigation Network, History Channel HD, The History Channel, lfc tv, UCBTV, TV3 Denmark, TV3 Sweden, TV3 Norway, 3+, Viasat 4, Viasat 3 (Hungary), TV6, Club TV (Poland), Zone Club (Hungary), Zone Club (Poland), Zone Fantasy, Zone Horror (Netherlands), Zone Reality, Zone Reality (EMEA 2), Zone Reality (Poland), Zone Romantica, Zone Romantica (2), Zone Europe.

      (d) Subsidiaries of companies based in non-member countries broadcasting programmes mostly from their stock:

Hustler TV UK, EWTN, NDTV 24x7.

(e) Ceased broadcasting part way through the year:

Mir Baltic, Discovery Factual, DMAX 2, Universal Channel (Europe), Nicktoons (Eire), Tease Me TV 2, Quest, S4C bid-up.tv/Screen, Top Up TV Anytime, Virgin 1, Travel Channel 2.

(f) Other reasons:

ANIMAX (Czech Republic), ANIMAX (Romania):

In 2010, ANIMAX stopped being a core anime channel and started to air different youth oriented programming as well, and it will keep moving towards this direction, therefore the European programming hours are expected to rise significantly.

FILMBOX, Filmbox Extra (Hungary), Filmbox Extra 1, FILMBOX HD (Hungary), FILMBOX PLUS:

The program policy of these new channels will be being created on upcoming years. They are aiming to take part in European Film Festivals and negotiate new contracts with European distributors to buy European content.

GMTV1 TLCS:

The programme transmission hours are less than those in last year's return because, after an ITV review of GMTV's output, it was agreed with Ofcom that all weekday programming would be classed as news except for one hour of current affairs each week.

JimJam (Middle East), JimJam (Pan European), JimJam (Italian):

Restructured business plans following dissolution of JV resulted in need to quickly identify new sources of acquired programmes and therefore limited resources to either commission or to buy more recent and thereby more expensive programming to fulfil this quota. JimJam are endeavouring to identify suitably qualifying programming but envisage clearing rights for pan territory feeds will not be feasible for new titles.

Kidsco (CEE), Kidsco (Western Europe):

KidsCo broadcasts pan regional feed. There are more than 30 countries in this field that need to be cleared for licensing of content. KidsCo does not insert programmes locally to cover programmes that are not cleared for broadcast. KidsCo continues to negotiate with large international distributors with substantial catalogues as well as small independent producers in the search for content. KidsCo continues to attend events such as MIP TV, MIP COM to meet distributors to license content.

Living+2:

The licence was originally for the channel "Trouble" which had a number of imported shows. In April 2009 the channel was changed to a slave channel "Living+2" and therefore the figures reflect the EU content hours for Living.

Loveworld TV:

Loveworld's aim is to contact private individuals and businesses within UK and Europe to advertise their programmes as well as get airtime on the station.

Nicktoons Replay:

Nick Toons Replay is a partial time-shift of the Nick Toons channel. Accordingly the EU hours are in line with that achieved by Nick Toons in 2010.

TV3 Norway, TV3 Denmark, TV3 Sweden, 3+, Viasat 4, TV6:

There is a limited demand for European programming in the territory. The audience is more familiar with American programming, therefore there is greater demand for this. A great amount of European programming does not translate well in the language of the territory and is not well received by the majority of the audience due to the language limitations.

Viasat 3 (Hungary), Viasat 6:

The harsh economic climate coupled with viewer demands in Hungary has made investment in European programming financially burdensome and impracticable.

Wedding Tv, Wedding TV Asia:

Wedding TV Limited produce all their premier content in house and no longer acquire any programming. Wedding TV Asia started 2009 as Wedding TV +1 which was a time shifted channel in 2008, however became a channel in its own right in 2009 with a rebranding in June 2009.

2. A minimum proportion of European works by independent producers (Art. 17):

(a) When the channel commenced broadcasting:

Luxe TV.

(b) Difficulty in finding cost competitive independent European producers

Discovery Travel & Living, Discovery Travel & Living Italy, Discovery Home & Health, Discovery Knowledge, Discovery World (Europe), Discovery Real Time, Discovery Real Time France, Discovery Turbo, Discovery Science EU, MUTV, Disney Channel Middle East, Disney Cinemagic, Disney Cinemagic (French), Disney Junior, Disney Junior (Poland), Disney Junior (Scandinavia), Playhouse Disney Scandinavia, Disney XD Scandinavia, Playhouse Disney, The Disney Channel Scandinavia, Toon Disney Scandinavia.

(c) Subject matter of channel (e.g. all live broadcasts)

Babeworld TV, The Other Side, Watchme TV, House of Fun, Elite TV 2.

B) Measures taken or envisaged by the Member State

The UK encourages compliance with the quotas including through monitoring. But there are constraints on the extent to which it is practicable for particular channels to meet them, especially where

· they have a very small audience share (in many cases, less than 1%) and lack the economic resources to buy or commission European (independent) programmes;

· they are special interest channels;

· they have just started up;

· they are subsidiaries of  companies based in non-member countries, broadcasting programmes mostly from their own stock.

C) Further comments

Over this reference period, the number of UK-licensed channels which are affected by the quotas has raised significantly, from 419 channels at the end of 2008 to 523 channels in 2010. The proliferation and diversity of channels in the UK has increased viewer choice and contributed to the Directive’s overarching objective of increasing European competitiveness.

[1] Covered channels: total number of channels identified minus the number of non-operational channels and the number of channels exempted from the reporting obligation (see paragraph 2.1.2.1.) and of exempt channels (due to the nature of their programmes) or excluded channels (due to legal exceptions).

[2] In 2007, 1 590 channels were covered by Articles 4 and 5 (former Articles 16 and 17) and 1 679 in 2008.

[3] Exemptions from the reporting obligation were granted to very small channels in 11 Member States.

[4] The text of the revised Guidelines is accessible via the following link: http://ec.europa.eu/avpolicy/reg/tvwf/promotion/index_en.htm

[5] The French Authorities expressed in writing their concerns regarding the potential impact of the exemption of very small channels from the reporting obligation and requested that a review clause be included in the Revised Guidelines.

[6] Conseil Supérieur de l'Audiovisuel (CSA) of the French Community of Belgium.

[7] The situation changed in July 2011.

[8] 25 regional channels refused to submit their data to the competent Ministry – See Greek comments in Section 3.

[9] Three broadcasters refused to submit their data and could not be penalised because the Mass Media Act in force during the reference period did not provide for any sanction in such cases (see Slovenian comments in Section 3). The legal situation has changed since the adoption of a new law in October 2011.

[10] Regarding the distinction between regional and local levels, see the  'Revised Guidelines for Monitoring the Application of Articles 16 and 17 of the Audiovisual Media Services (AVMS) Directive'

http://ec.europa.eu/avpolicy/reg/tvwf/promotion/index_en.htm

[11] See in particular Recital 67 of the Directive

[12] In the previous reference period nine Member States indicated that they had taken active measures.

[13] The compliance rate is obtained by determining the number of channels achieving the required proportions under Articles 16 and 17 and comparing these figures with the number of channels covered by Articles 16 and 17 (Indicator 1). The channels for which no data were communicated (NC) are considered non-compliant for the purpose of this indicator - see Annex 1 – Performance indicators – Indicator 3

[14] See footnote 13

[15] See footnote 13

[16] See footnote 13

[17] See footnote 13

[18] See footnote 13

[19] See footnote 13

[20] See footnote 13

[21] See footnote 13

[22] See footnote 13

[23] See footnote 13

[24] See footnote 13

[25] Article 44 (3) of Decree nr 177/05 as amended by Decree nr. 44/10.

[26] See footnote 13

[27] See footnote 13

[28] See footnote 13

[29] See footnote 13

[30] See footnote 13

[31] See footnote 13

[32] See footnote 13

[33] See footnote 13

[34] See footnote 13

[35] A Regulation adopted in 2004 by the Polish National Broadcasting Council sets out a 45% proportion of European works for specialised channels.

[36] See footnote 13

[37] See footnote 13

[38] See footnote 13

[39] See footnote 13

[40] See footnote 13

[41] See footnote 13

[42] See footnote 13

[43] See definition under Article 1 (n) of the AVMS Directive

[44] These channels as well as MOV and Hollywood have been exempted from their reporting obligation and are therefore not included in the tables.

[45] Available in Portuguese at: http://www.erc.pt/download/YToyOntzOjg6ImZpY2hlaXJvIjtzOjM5OiJtZWRpYS9kZWNpc29lcy9vYmplY3RvX29mZmxpbmUvMTY0My5wZGYiO3M6NjoidGl0dWxvIjtzOjI0OiJkZWxpYmVyYWNhby0xMG91dC10djIwMTEiO30=/deliberacao-10out-tv2011

[46] See footnote no 1.

[47] Available in Portuguese at: http://www.erc.pt/download/YToyOntzOjg6ImZpY2hlaXJvIjtzOjM5OiJtZWRpYS9kZWNpc29lcy9vYmplY3RvX29mZmxpbmUvMTY0NC5wZGYiO3M6NjoidGl0dWxvIjtzOjI0OiJkZWxpYmVyYWNhby0xMW91dC10djIwMTEiO30=/deliberacao-11out-tv2011

.

TABLE OF CONTENTS

ANNEX 1: 3

PERFORMANCE INDICATORS. 3

ANNEX 2: 6

CHARTS AND TABLES ON THE APPLICATION OF ARTICLES 16 AND 17. 6

ANNEX 3: 12

LIST OF TELEVISION CHANNELS IN THE MEMBER STATES WHICH FAILED TO ACHIEVE THE MAJORITY PROPORTION REQUIRED BY ARTICLE 16. 12

ANNEX 4: 24

LIST OF TELEVISION CHANNELS IN THE MEMBER STATES WHICH FAILED TO ACHIEVE THE MAJORITY PROPORTION REQUIRED BY ARTICLE 17. 24

ANNEX 1:

PERFORMANCE INDICATORS

The following indicators facilitate the evaluation of compliance with the proportions referred to in Articles 16 and 17 of the Council Directive 2010/13/EU of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services[1] (‘Audiovisual Media Services’), (hereinafter referred to as ‘the Directive’).

Indicators 2 – 5 are based on criteria set out in Articles 16 and 17. All performance indicators allow compliance to be assessed at both Member State and Community level.

General indicator

Indicator 1: Number of channels covered by Articles 16 and 17.

Indicator 1 was calculated for each Member State and for all Member States taken together.

These figures were obtained by determining the total number of channels identified by Member States less the number of non-operational channels (NO) and the number of channels that were exempted from their reporting obligation due to their very low audience share or exempted from the obligation to comply with Articles 16 and 17 due to the nature of their programmes (news, sports events, games, advertising, teletext services or teleshopping) or excluded due to legal exceptions:

– Article 18 of the Directive: television broadcasts that are intended for local audiences and do not form part of a national network;

– Article 2(6) of the Directive: broadcasts intended exclusively for reception in third countries and which are not received directly or indirectly by the public in one or more Member States;

– Recital 72 of the Directive: channels broadcasting entirely in a language other than those of the Member States should not be covered by the provisions of Articles 16 and 17.

Channels for which Member States did not communicate data for Articles 16 or 17 (NC) were included.

Indicators concerning Article 16 (European works)

Indicator 2: Average transmission time reserved for European works.

Indicator 2 is presented as an average proportion for each individual channel, for each Member State and for all Member States taken together.

It is obtained by determining the average transmission time reserved for European works as referred to in Article 16 (1)[2] by each channel covered by Article 16 for which data were communicated (‘reported channels’) and by comparing that figure with the total qualifying transmission time.

The Member State averages are based on the average proportions of all channels covered by Article 16 for which data were communicated (‘reported channels’) by the Member State concerned.

The EU averages are based on the Member State averages.

Indicator 3: Compliance rate of channels achieving or exceeding the majority proportionof European works.

Indicator 3 is presented for each Member State and for all Member States taken together.  It is obtained by determining the number of channels achieving the majority proportion (more than 50%) under Article 16 and comparing that figure with the number of channels covered by Article 16 (Indicator 1). The channels for which no data were communicated (NC) are thus considered non-compliant for the purpose of this indicator.

The EU averages are based on the Member State averages.

Indicators concerning Article 17 (European works made by independent producers)22

Indicator 4: Average transmission time, or alternatively, average proportion of the programming budget allocated to European works by independent producers (independent productions).

Indicator 4 is presented as an average proportion for each individual channel, for each Member State and for all Member States taken together. It is obtained by determining the average transmission time, or average programming budget, reserved for European works by independent producers on each channel covered by Article 17 for which data were communicated (‘reported channels’) and by comparing that figure with the total qualifying transmission time.

The Member State averages are based on the average proportions of all channels covered by Article 17 for which data were communicated (‘reported channels’) by the Member State concerned.

The EU averages are based on the Member State averages.

Indicator 5: Compliance rate of channels in achieving the minimum proportion of independent productions.

Indicator 5 is presented for each Member State and for all Member States taken together. It is obtained by determining the number of channels achieving the minimum proportion of at least 10% under Article 17 and comparing that figure with the number of channels covered by Article 17 (Indicator 1). The channels for which no data were communicated (NC) are thus considered non-compliant for the purpose of this indicator.

The EU averages are based on the Member State averages.

Indicator 6: average transmission time allocated to recent European works by independent producers (recent works).

Indicator 6 is presented as an average proportion for each individual channel, for each Member State and for all Member States taken together. It is obtained by determining the average transmission time reserved for recent European works by independent producers on each channel covered by Article 17 for which data were communicated (‘reported channels’) and by comparing that figure with the transmission time reserved for all independent productions.

The Member State averages are based on the average proportions of all channels covered by Article 17 and for which data were communicated (‘reported channels’) by the Member State concerned.

The EU averages are based on the Member State averages.

In order to better evaluate actual developments in the broadcasting of recent works, the EU average figures for recent works were also compared with total qualifying transmission time.

ANNEX 2:

CHARTS AND TABLES ON THE APPLICATION OF ARTICLES 16 AND 17

Chart 1

 Development of Main Indicators from 2007 to 2010 (EU-27)

Table 1

Indicator 1: channels covered by Articles 16 and 17 (EU level)

Country || || Identified Channels || IND1: Covered channels

|| || || 2007 || 2008 || 2009 || 2010 || Evolution

Belgium || BE || 61 || 62 || 63 || 56 || 57 || -8,1%

Bulgaria || BG || 51 || 37 || 38 || 41 || 44 || 18,9%

Czech Republic || CZ || 77 || 37 || 43 || 56 || 67 || 81,1%

Denmark || DK || 189 || 19 || 19 || 20 || 19 || 0,0%

Germany || DE || 130 || 86 || 86 || 38 || 37 || -57,0%

Estonia || EE || 11 || 4 || 9 || 8 || 8 || 100,0%

Ireland || IE || 11 || 5 || 5 || 5 || 5 || 0,0%

Greece || EL || 95 || 34 || 35 || 87 || 87 || 155,9%

Spain || ES || 175 || 134 || 144 || 29 || 30 || -77,6%

France || FR || 160 || 115 || 116 || 98 || 103 || -10,4%

Italy || IT || 345 || 229 || 242 || 61 || 58 || -74,7%

Cyprus || CY || 8 || 8 || 8 || 8 || 8 || 0,0%

Latvia || LV || 33 || 6 || 6 || 7 || 7 || 16,7%

Lithuania || LT || 11 || 11 || 11 || 11 || 11 || 0,0%

Luxembourg || LU || 20 || 14 || 15 || 13 || 13 || -7,1%

Hungary || HU || 39 || 25 || 26 || 27 || 25 || 0,0%

Malta || MT || 27 || 7 || 8 || 9 || 9 || 28,6%

Netherlands || NL || 178 || 134 || 148 || 41 || 42 || -68,7%

Austria || AT || 57 || 16 || 16 || 12 || 12 || -25,0%

Poland || PL || 73 || 59 || 61 || 54 || 58 || -1,7%

Portugal || PT || 39 || 22 || 23 || 11 || 13 || -40,9%

Romania || RO || 82 || 58 || 60 || 56 || 56 || -3,4%

Slovenia || SI || 49 || 15 || 15 || 13 || 13 || -13,3%

Slovak Republic || SK || 34 || 8 || 8 || 23 || 26 || 225,0%

Finland || FI || 18 || 16 || 17 || 15 || 16 || 0,0%

Sweden || SE || 62 || 33 || 38 || 44 || 43 || 30,3%

United Kingdom || UK || 675 || 396 || 419 || 470 || 523 || 32,1%

|| || || || || || ||

Total || || 2710 || 1590 || 1679 || 1313 || 1390 ||

Average (EU27) || || || || || || || 11,1%

Average (EU15) || || || || || || || -10,1%

Average (EU12) || || || || || || || 37,6%

The decrease in the number of covered channels during the reference period compared to the previous one is due to a change in the methodology (see General Remarks in the Staff Working Document – Part II).

Table 2

Indicators 2 and 3: European works (Member State level)

Country || || IND2: European Works || IND3: Compliance rates

|| || 2007 || 2008 || 2009 || 2010 || Evolution || 2009 || 2010

Belgium || BE || 74,9% || 69,1% || 65,4% || 67,2% || -7,7% || 60,7% || 64,9%

Bulgaria || BG || 55,6% || 55,6% || 56,0% || 63,4% || 7,8% || 53,7% || 63,6%

Czech Republic || CZ || 64,3% || 65,9% || 64,1% || 58,1% || -6,2% || 55,4% || 52,2%

Denmark || DK || 84,9% || 84,8% || 77,9% || 79,6% || -5,3% || 85,0% || 84,2%

Germany || DE || 64,2% || 63,9% || 71,7% || 73,7% || 9,5% || 73,7% || 70,3%

Estonia || EE || 61,6% || 64,6% || 67,0% || 71,7% || 10,1% || 87,5% || 87,5%

Ireland || IE || 55,0% || 56,4% || 44,0% || 48,4% || -6,6% || 40,0% || 40,0%

Greece || EL || 54,1% || 61,7% || 62,6% || 61,0% || 7,0% || 70,1% || 74,7%

Spain || ES || 54,2% || 55,7% || 60,2% || 59,6% || 5,5% || 72,4% || 70,0%

France || FR || 72,6% || 71,7% || 72,3% || 70,1% || -2,4% || 98,0% || 90,3%

Italy || IT || 62,9% || 52,7% || 59,2% || 60,8% || -2,2% || 67,2% || 70,7%

Cyprus || CY || 27,9% || 30,0% || 50,3% || 50,0% || 22,1% || 75,0% || 75,0%

Latvia || LV || 62,2% || 62,2% || 52,6% || 52,3% || -9,8% || 42,9% || 42,9%

Lithuania || LT || 59,3% || 59,1% || 60,4% || 57,4% || -1,9% || 63,6% || 63,6%

Luxembourg || LU || 69,6% || 70,7% || 65,1% || 67,1% || -2,5% || 69,2% || 84,6%

Hungary || HU || 68,5% || 75,3% || 83,0% || 81,0% || 12,5% || 77,8% || 88,0%

Malta || MT || 55,9% || 69,0% || 60,9% || 79,4% || 23,4% || 66,7% || 100,0%

Netherlands || NL || 80,8% || 80,3% || 77,9% || 76,5% || -4,3% || 85,4% || 81,0%

Austria || AT || 81,0% || 79,1% || 74,2% || 76,1% || -4,9% || 83,3% || 83,3%

Poland || PL || 85,0% || 83,1% || 78,4% || 78,4% || -6,6% || 87,0% || 87,9%

Portugal || PT || 72,5% || 63,8% || 66,8% || 58,0% || -14,5% || 81,8% || 69,2%

Romania || RO || 63,0% || 67,2% || 70,7% || 67,9% || 4,9% || 58,9% || 50,0%

Slovenia || SI || 34,1% || 44,6% || 46,6% || 47,4% || 13,4% || 46,2% || 46,2%

Slovak Republic || SK || 66,5% || 67,3% || 71,7% || 68,2% || 1,7% || 87,0% || 80,8%

Finland || FI || 64,0% || 56,8% || 57,2% || 56,6% || -7,5% || 66,7% || 56,3%

Sweden || SE || 45,1% || 45,5% || 57,9% || 59,2% || 14,1% || 59,1% || 60,5%

United Kingdom || UK || 51,7% || 50,7% || 48,1% || 47,4% || -4,3% || 44,5% || 41,3%

|| || || || || || || ||

Total || || || || || || || ||

Average (EU27) || || 62,6% || 63,2% || 63,8% || 64,3% || 1,7% || 68,8% || 69,6%

Average (EU15) || || 65,8% || 64,2% || 64,0% || 64,1% || -1,7% || 70,5% || 69,4%

Average (EU12) || || 58,7% || 62,0% || 63,5% || 64,6% || 5,9% || 66,8% || 69,8%

Table 3

Indicators 4 and 5: European works by independent producers (Member State level)

Country || || IND4: Independent producers || IND5: Compliance rates

|| || 2007 || 2008 || 2009 || 2010 || Evolution || 2009 || 2010

Belgium || BE || 54,0% || 51,5% || 59,7% || 61,7% || 7,7% || 83,6% || 82,1%

Bulgaria || BG || 25,2% || 24,6% || 23,1% || 21,8% || -3,4% || 48,8% || 47,7%

Czech Republic || CZ || 32,2% || 40,7% || 30,9% || 26,0% || -6,2% || 82,1% || 61,2%

Denmark || DK || 28,1% || 25,5% || 26,1% || 24,3% || -3,9% || 55,0% || 57,9%

Germany || DE || 61,7% || 62,3% || 40,4% || 43,6% || -18,1% || 86,8% || 89,2%

Estonia || EE || 50,3% || 39,3% || 48,4% || 46,4% || -3,9% || 87,5% || 100,0%

Ireland || IE || 21,9% || 23,0% || 21,7% || 20,6% || -1,4% || 80,0% || 100,0%

Greece || EL || 14,5% || 14,7% || 19,7% || 22,3% || 7,8% || 58,6% || 66,7%

Spain || ES || 31,3% || 31,6% || 32,1% || 34,3% || 3,1% || 89,7% || 93,3%

France || FR || 47,5% || 45,7% || 50,4% || 49,5% || 2,0% || 94,9% || 91,3%

Italy || IT || 22,6% || 17,0% || 17,1% || 14,8% || -7,8% || 93,4% || 98,3%

Cyprus || CY || 39,6% || 41,9% || 35,5% || 34,6% || -5,0% || 62,5% || 62,5%

Latvia || LV || 18,4% || 19,7% || 18,1% || 16,3% || -2,1% || 71,4% || 71,4%

Lithuania || LT || 39,0% || 41,5% || 40,5% || 41,8% || 2,8% || 100,0% || 100,0%

Luxembourg || LU || 56,2% || 53,6% || 55,0% || 57,2% || 1,0% || 92,3% || 92,3%

Hungary || HU || 39,7% || 41,8% || 42,9% || 42,5% || 2,8% || 81,5% || 96,0%

Malta || MT || 41,4% || 57,7% || 49,3% || 54,0% || 12,6% || 88,9% || 100,0%

Netherlands || NL || 40,2% || 37,8% || 25,6% || 22,4% || -17,7% || 75,6% || 76,2%

Austria || AT || 49,0% || 48,7% || 41,4% || 38,7% || -10,3% || 83,3% || 83,3%

Poland || PL || 25,0% || 29,0% || 31,0% || 30,8% || 5,8% || 98,1% || 96,6%

Portugal || PT || 39,5% || 23,5% || 34,7% || 30,2% || -9,3% || 100,0% || 84,6%

Romania || RO || 28,2% || 26,3% || 34,1% || 34,6% || 6,4% || 60,7% || 58,9%

Slovenia || SI || 10,9% || 15,9% || 14,5% || 18,3% || 7,3% || 69,2% || 76,9%

Slovak Republic || SK || 24,0% || 23,8% || 29,0% || 27,6% || 3,6% || 77,3% || 75,0%

Finland || FI || 40,1% || 35,3% || 31,4% || 31,2% || -8,9% || 93,3% || 100,0%

Sweden || SE || 41,6% || 40,3% || 38,5% || 39,3% || -2,3% || 95,5% || 95,3%

United Kingdom || UK || 29,8% || 29,9% || 28,5% || 27,5% || -2,3% || 59,4% || 54,1%

|| || || || || || || ||

Total || || || || || || || ||

Average (EU27) || || 35,3% || 34,9% || 34,1% || 33,8% || -1,5% || 80,4% || 81,9%

Average (EU15) || || 38,5% || 36,0% || 34,8% || 34,5% || -4,0% || 82,8% || 84,3%

Average (EU12) || || 31,2% || 33,5% || 33,1% || 32,9% || 1,7% || 77,3% || 78,9%

Table 4

Indicator 6: European works by independent producers – Recent works

(Member State level)

Country || || IND6: Recent work by IP (RW as a % of IP- Art17)

|| || 2007 || 2008 || 2009 || 2010 || Evolution

Belgium || BE || 79,6% || 81,6% || 89,2% || 85,5% || 5,9%

Bulgaria || BG || 54,3% || 49,5% || 57,3% || 58,9% || 4,6%

Czech Republic || CZ || 72,1% || 71,8% || 62,6% || 56,8% || -15,3%

Denmark || DK || 49,3% || 49,9% || 73,6% || 69,5% || 20,1%

Germany || DE || 69,7% || 71,3% || 71,5% || 71,0% || 1,3%

Estonia || EE || 68,9% || 79,6% || 44,6% || 52,3% || -16,6%

Ireland || IE || 95,3% || 95,3% || 74,9% || 75,5% || -19,8%

Greece || EL || 21,6% || 24,2% || 34,0% || 36,8% || 15,2%

Spain || ES || 67,3% || 64,1% || 65,0% || 74,4% || 7,0%

France || FR || 56,6% || 57,1% || 59,4% || 60,0% || 3,4%

Italy || IT || 64,9% || 59,5% || 12,6% || 11,4% || -53,5%

Cyprus || CY || 67,4% || 69,9% || 35,2% || 33,2% || -34,1%

Latvia || LV || 100,0% || 99,6% || 70,9% || 71,1% || -28,9%

Lithuania || LT || 38,5% || 40,2% || 38,0% || 32,2% || -6,3%

Luxembourg || LU || 47,0% || 48,9% || 64,6% || 68,4% || 21,4%

Hungary || HU || 67,4% || 75,8% || 74,2% || 67,9% || 0,4%

Malta || MT || 38,8% || 55,1% || 47,7% || 51,9% || 13,0%

Netherlands || NL || 85,3% || 76,3% || 77,0% || 77,4% || -7,9%

Austria || AT || 58,5% || 51,3% || 73,2% || 73,8% || 15,3%

Poland || PL || 71,3% || 76,8% || 74,0% || 70,3% || -1,0%

Portugal || PT || 93,5% || 85,5% || 92,6% || 86,7% || -6,8%

Romania || RO || 59,1% || 53,2% || 50,9% || 56,5% || -2,6%

Slovenia || SI || 57,7% || 61,4% || 70,5% || 64,5% || 6,8%

Slovak Republic || SK || 24,0% || 23,8% || N/A || N/A || N/A

Finland || FI || 71,3% || 78,5% || 83,7% || 83,5% || 12,2%

Sweden || SE || 53,6% || 53,3% || 51,7% || 51,1% || -2,6%

United Kingdom || UK || 67,7% || 71,2% || 66,6% || 65,8% || -1,9%

|| || || || || ||

Total || || || || || ||

Average (EU27) || || 63,0% || 63,9% || 62,1% || 61,8% || -2,7%

Average (EU15) || || 65,4% || 64,5% || 66,0% || 66,0% || 0,6%

Average (EU12) || || 60,0% || 63,1% || 52,2% || 51,3% || -6,7%

ANNEX 3:

LIST OF TELEVISION CHANNELS IN THE MEMBER STATES WHICH FAILED TO ACHIEVE THE MAJORITY PROPORTION REQUIRED BY ARTICLE 16

Country || Channel || AS 09 || AS 10 || Transmission || IND3 09 || IND3 10

BE-FR || Be Ciné || NC || NC || CA || V || X

|| Nickelodeon - MTV Wallonia || NC || 1,3% || CA, SA, IP || X || X

BE-VL || 2BE || NC || NC || CA, SA, IP || X || V

|| Onze TV || NC || NC || CA || X || V

|| Prime Action || NC || NC || CA || X || X

|| Prime Action +1 || NC || NC || CA || X || X

|| Prime Family || NC || NC || CA || X || X

|| Prime Fezztival || NC || NC || CA || X || X

|| Prime One / Star HD || NC || NC || CA || X || X

|| Prime Series || NC || NC || CA || X || X

|| Prime Star || NC || NC || CA || X || X

|| Prime Star +1 || NC || NC || CA || X || X

|| VijfTV || NC || NC || CA, SA, IP || X || X

|| VT4 || NC || NC || CA, SA, IP || X || X

BG || BNT WORLD || NC || NC || CA, SA || X || X

|| BTV ACTION/PRO BG || 2,0% || 2,4% || TE, CA, SA, IP || X || X

|| BTV CINEMA || NC || 1,1% || CA, SA, IP || X || X

|| BTV COMEDY || 1,7% || 1,8% || TE, CA, SA, IP || X || X

|| DIEMA || 2,7% || 2,8% || CA, SA || X || X

|| DIEMA 2/KINO NOVA || 1,0% || 1,8% || CA, SA || X || X

|| DIEMA Family || 2,7% || 3,2% || CA, SA || X || X

|| E-KIDS || NC || NC || CA || X || X

|| Evrokom NKTV || NC || NC || CA || X || V

|| Fen || 0,1% || 0,1% || CA, IP || X || V

|| FOX CRIME BG || 0,5% || 1,2% || CA, SA, IP || X || X

|| FOX LIFE BG || 1,1% || 1,6% || CA, SA, IP || X || X

|| MSAT || 2,6% || 1,1% || CA, SA || X || X

|| Super 7 || 3,3% || 4,5% || CA, SA, IP || X || X

|| TV Evropa || 11,4% || 12,6% || CA, SA || X || X

CZ || Cinemax || NC || NC || CA, SA || X || X

|| Cinemax2 || NC || NC || CA, SA || X || X

|| Classic European || NO || NC || CA, SA || NO || X

|| Comedy Central Hungary || NO || NC || CA, SA || NO || X

|| Comedy Central Polska || NO || NC || CA, SA || NO || X

|| Filmbox || NC || NC || CA, SA || V || X

|| Filmbox Family || NC || NC || CA, SA || X || X

|| HBO || NC || NC || CA, SA || X || X

|| HBO 2 PL || NC || NC || CA, SA || X || X

|| HBO ADRIA || NC || NC || CA, SA || X || X

|| HBO COMEDY ADRIA || NC || NC || CA, SA || X || X

|| HBO Comedy Poland || NC || NC || CA, SA || X || X

|| HBO COMEDY REGIONAL || NC || NC || CA, SA || X || X

|| HBO HU || NC || NC || CA, SA || X || X

|| HBO PL || NC || NC || CA, SA || X || X

|| HBO RO || NC || NC || CA, SA || X || X

|| HBO2 || NC || NC || CA, SA || X || X

|| JETIX || NC || NC || CA, SA || X || X

|| JETIX (CR,SR, Mad) || NC || NC || CA, SA || X || X

|| JETIX XD || NC || NC || CA, SA || X || X

|| MTV European || NO || NC || CA, SA || NO || X

|| MTV Hungary || NO || NC || CA, SA || NO || X

|| MTV Polska || NO || NC || CA, SA || NO || X

|| Nickleodeon || NO || NC || CA, SA || NO || X

|| Nickleodeon European || NO || NC || CA, SA || NO || X

|| Nonstop kino HD/Filmbox HD || NC || NC || CA, SA || X || X

|| Nonstop kino/Filmbox Extra || NC || NC || CA, SA || X || X

|| Nova Cinema || 1,7% || 3,2% || TE, CA, SA, MO, IP || X || X

|| Prima Cool || 1,1% || 2,4% || TE, CA, SA || X || X

|| R 1 || NC || NC || TE, CA, SA || X || X

|| VH 1 European || NO || NC || CA, SA || NO || X

|| Z1 || NC || NC || TE, CA, SA || X || V

DK || 6'eren || 1,3% || NO || SA || X || NO

|| DR K || 0,1% || 0,9% || TE || V || X

|| TV 2 Film || 1,2% || 1,1% || SA || X || X

|| TV 2 Zulu || 2,5% || 2,4% || SA || X || X

DE || Comedy Central (Germany) || 0,6% || 0,6% || TE, CA, SA, IP || X || X

|| Das Vierte || 0,6% || NC || TE, CA, SA, MO, IP || X || EX

|| DMAX Deutschland || 1,2% || 1,2% || CA, SA, IP || V || X

|| Film Paket || NC || NC || CA, SA || X || X

|| kabel eins || 3,9% || 3,9% || TE, CA, SA, IP || X || X

|| MGM Channel (Germany) || 0,6% || 0,6% || CA, SA, MO, IP || X || X

|| Nickleodeon || 1,5% || 1,5% || TE, CA, SA, IP || X || NC

|| ProSieben || 6,6% || 6,3% || TE, CA, SA, IP || V || X

|| RTL 2 || 3,9% || 3,8% || TE, CA, SA, IP || X || X

|| Super RTL || 2,5% || 2,2% || TE, CA, SA, IP || X || X

|| Tele 5 (Germany) || 1,0% || 0,9% || TE, CA, SA, IP || X || X

|| VOX || 5,4% || 5,6% || TE, CA, SA, IP || X || X

EE || TV6 (Estonia) || 1,7% || 2,3% || TE, CA, SA, IP || V || X

IE || Channel 6/3e || 0,8% || 1,1% || CA, SA, IP || X || X

|| RTE 2 || 10,2% || 10,2% || TE, CA, SA, MO, IP || X || X

|| TG4 || 2,6% || 2,1% || TE, CA, SA, IP || X || X

EL || ANIMAL PLANET || NC || NC || SA || X || V

|| BOOMERANG || NC || NC || SA || X || X

|| CARTOON NETWORK || NC || NC || SA || X || X

|| DISNEY CHANNEL || NC || NC || SA || V || X

|| DISNEY XD  || NC || NC || SA || X || X

|| DISNEY XD  (ex JETIX) || NC || NC || TE || X || X

|| E!  ENTERTAINMENT || NC || NC || SA || X || X

|| ET3 || NC || NC || SA || V || X

|| FOX LIFE   || NC || NC || SA || X || X

|| FX || NC || NC || SA || X || X

|| HISTORY CHANNEL || NC || NC || SA || X || X

|| MGM || NC || NC || SA || X || X

|| MOTORV TV    || NC || NC || SA || X || X

|| NATIONAL GEOGRAPHIC || NC || NC || SA || X || X

|| NICKELODEON+ (ex. MTV+) || NC || NC || TE || NC || X

|| NOVASPORTS 1 || NC || NC || TE || X || X

|| NOVASPORTS 1 / HD || NC || NC || SA || X || X

|| NOVASPORTS 3 || NC || NC || SA || X || X

|| NOVASPORTS 4 || NC || NC || SA || V || X

|| NOVASPORTS 7 || NC || NC || SA || X || X

|| TCM    (removed from NOVA Plaform from 01/06/2009) || NC || NC || SA || X || NC

|| TRAVEL CHANNEL || NC || NC || SA || X || V

|| ΕΡΤ3 || 3,8% || 3,5% || TE || V || X

ES || Aragon television || 0,3% || 0,3% || TE || V || X

|| AXN || 0,4% || 0,4% || TE, CA, MO, IP || X || X

|| Canal+ España || 0,2% || 0,3% || SA, MO || X || X

|| Clan TVE || 1,4% || 3,2% || TE, CA, IP || X || X

|| Disney Channel || 1,5% || 2,2% || TE, CA || X || V

|| Fox España || 0,4% || 0,4% || CA, SA, IP || X || X

|| Neox || 1,2% || 2,2% || TE, CA, IP || V || X

|| Nitro || NO || 0,4% || TE, CA, IP || NO || X

|| Telemadrid || 1,4% || 1,1% || TE, CA || X || X

|| TVCanaria || 0,5% || 0,4% || TE || X || X

FR || Africabox TV || NO || NC || CA, IP || NO || X

|| Trace Tropical || NC || NC || SA, IP || V || X

|| Trace TV || NC || NC || CA, SA, IP || V || X

|| Virgin 17 (*)/Direct Star depuis septembre 2010) || 0,7% || 1,0% || TE, CA, SA, MO, IP || V || X

IT || Boing TV || 1,1% || 1,1% || TE || X || X

|| Cielo || 0,5% || 0,6% || SA || V || X

|| Disney in english || 0,1% || 0,1% || SA || X || V

|| FOX || 0,2% || 0,2% || SA || X || X

|| FOX CRIME || 0,3% || 0,3% || SA || X || EX

|| FOX LIFE pl || NC || NO || SA || X || NO

|| FX || 0,1% || 0,1% || SA || X || X

|| GXT || 0,1% || 0,1% || SA || V || X

|| Italia 1 || 8,8% || 8,3% || TE, SA || X || X

|| K2 || 0,6% || 0,5% || TE, SA || X || X

|| Nat Geo Wild Germany || NC || NC || SA || X || X

|| National Geographic Channel Fra || NC || NO || SA || X || NO

|| National Geographic Channel HD DE || NC || NC || SA || X || X

|| National Geographic Channel HD Fra || NC || NO || SA || X || NO

|| National Geographic Germany || NC || NC || SA || X || V

|| RAI Quattro || 0,6% || 0,5% || TE, SA || X || X

|| Sky Cinema 1 || 0,2% || 0,2% || SA || X || X

|| Sky Cinema Classic || 0,0% || 0,0% || SA || X || X

|| Sky Cinema Family || 0,1% || 0,1% || SA || X || X

|| Sky Cinema HITS || 0,1% || 0,1% || SA || X || X

|| Sky Cinema Mania || 0,1% || 0,1% || SA || X || X

|| Sky Cinema Max || 0,1% || 0,1% || SA || X || X

|| Sky uno || 0,1% || 0,1% || SA || V || X

CY || Alfa TV (Cyprus) || NC || 0,5% || TE || X || X

|| LTV (Lumiere TV) || NC || 0,9% || TE || X || X

LV || LNT || 16,8% || 14,0% || TE, CA, IP || X || X

|| Pirmais Baltijas Kanāls || 11,2% || 10,1% || CA, SA, IP || X || X

|| TV5 RIGA || 3,9% || 3,4% || CA, SA, IP || X || X

|| TV6 || 0,9% || 2,0% || CA, SA, IP || X || X

LT || LNK || 20,7% || 20,2% || TE, CA, IP || X || X

|| TV1 || 2,0% || 2,0% || TE, CA, IP || X || X

|| TV3 || 23,5% || 23,2% || TE, CA, SA, IP || X || X

|| TV6 || 2,2% || 2,1% || TE, CA, SA, IP || X || X

LU || Club RTL || NC || NC || TE, CA, SA || X || V

|| RTL 5 || NC || NC || TE, CA, SA || X || V

|| RTL 8 || NC || NC || TE, CA, SA || X || X

HU || 4-es csatorna || 1,6% || 2,2% || SA || X || X

|| Ozone Network || 0,0% || 0,0% || SA || NC || X

|| Viasat3 Hungary || 4,2% || 3,8% || SA || X || NC

MT || Melita More || NC || 46,0% || TE, CA || X || V

|| Melita Movies || NC || 48,0% || TE, CA || X || V

|| Smash TV || 0,4% || 0,0% || TE, CA || X || V

NL || Comedy Central || 1,0% || 1,0% || CA || X || X

|| Jetix/Veronica (to 31-12-09) Disney XD/Veronica (from 1-1-10) || 3,2% || 3,1% || CA || X || X

|| MTV Denmark || 0,4% || NC || CA, SA || V || X

|| MTV Vlaanderen || 1,5% || NC || CA || V || X

|| Nickelodeon || 2,1% || 1,8% || CA || X || X

|| Nickelodeon Denmark || 0,3% || NC || CA, SA || X || X

|| Nickelodeon Sweden || 0,9% || NC || CA, SA || X || X

|| Nickelodeon Vlaanderen || 1,5% || NC || CA || X || X

AT || ATV || 3,5% || 3,5% || TE, CA, SA || X || X

|| ORFeins || NC || 14,6% || TE, CA, SA, IP || X || X

PL || Ale kino! || 0,3% || 0,3% || SA || X || V

|| Canal+ Polska || 0,1% || 0,1% || SA || X || X

|| Canal+ Polska Żółty || 0,1% || 0,1% || SA || X || V

|| Domo || 0,0% || 0,0% || SA || X || V

|| Mini Mini || 0,8% || 0,7% || SA || X || X

|| nFilmHD || NO || NC || SA || NO || X

|| nFilmHD2 || NO || NC || SA || NO || X

|| Planete || 0,2% || 0,1% || SA || V || X

|| TELE 5 || 0,3% || 0,3% || SA || X || NC

|| TVN Siedem || 1,7% || 1,6% || SA || X || X

PT || Canal Panda || NO || 1,2% || CA, SA || NO || X

|| Hollywood || NO || 1,1% || CA, SA || NO || X

|| SIC || 23,4% || 23,4% || TE, CA, SA || X || V

|| SIC Mulher || 0,6% || 0,7% || CA, SA || X || X

|| SIC Radical || 0,6% || 0,5% || CA, SA || V || X

RO || Action Star || NC || NC || SA, IP || X || X

|| CineStar || NC || NC || SA, IP || X || X

|| ComedyStar || NC || NC || SA, IP || X || X

|| Credo TV || NC || NC || SA || V || X

|| DDTV Direct Digital TV || NC || NC || SA || X || X

|| Euforia Lifestyle TV (Antena 4) || 0,9% || 1,0% || SA || V || X

|| Music Mix || NC || NC || CA, SA || X || X

|| Pro Cinema || 1,2% || 1,0% || CA, SA || X || V

|| Romantica || 0,3% || 0,2% || CA, SA || X || X

|| TVR1 || 5,1% || 5,4% || TE, CA, SA, IP || V || X

|| U TV (Romania) || 0,5% || 0,2% || CA, SA, IP || V || X

SI || 0 || 0,0% || 0,0% || || X || X

|| NET TV || 0,4% || 0,4% || CA || X || X

|| TV3 || 5,7% || 5,0% || TE, CA || X || X

|| VAŠ KANAL || 0,2% || 0,2% || CA, IP || X || X

|| VAŠA TELEVIZIJA (VTV) || 0,2% || 0,1% || TE, CA || X || X

SK || Krupinska televizia || NC || NC || TE, CA || V || X

|| MUSIQ 1 || NC || NC || TE, CA, SA || X || X

|| TOP REGION || NC || NC || TE, CA || X || X

|| TV HRONKA || NO || NC || TE, CA, SA, IP || NO || X

|| TV Patriot || NC || NC || TE, CA || X || X

FI || JIM || NC || NC || TE, CA, SA || X || X

|| KinoTV || NC || NC || TE, CA, SA || X || X

|| LIV || NC || NC || TE, CA, SA || X || X

|| MTV3 AVA || NC || NC || TE, CA, SA, IP || X || X

|| MTV3 MAX || NC || NC || TE, CA, SA, IP || V || X

|| Nelonen || NC || NC || TE, CA, SA || X || V

|| Sub || NC || NC || TE, CA, SA, IP || V || X

|| Suomi TV (launch 12/2009) || NO || NC || TE, CA, IP || NO || X

SE || 7 (earlier TV4 Plus) || 4,0% || 3,7% || TE, CA, SA, MO, IP || X || X

|| Canal+ 69 || 0,0% || NO || TE, CA, SA, IP || X || NO

|| Canal+ Action || 0,1% || 0,2% || TE, CA, SA, IP || X || X

|| Canal+ Drama || 0,2% || 0,2% || TE, CA, SA, IP || X || X

|| Canal+ Film || 0,2% || 0,2% || TE, CA, SA, IP || X || X

|| Canal+ First || 0,2% || 0,2% || TE, CA, SA, IP || X || X

|| Canal+ Hits || 0,1% || 0,1% || TE, CA, SA, IP || X || X

|| Canal+ Series (prev. Canal + Comedy) || 0,1% || 0,1% || TE, CA, SA, IP || X || X

|| Showtime || 0,1% || 0,1% || TE, CA, SA, IP || X || X

|| Silver || 0,1% || 0,0% || TE, CA, SA, IP || V || X

|| Star!  || 0,1% || 0,1% || TE, CA, SA, IP || X || X

|| TNT7 (prev.Nonstop TV7) || 0,2% || 0,1% || TE, CA, SA, IP || X || X

|| TV11 (earlier TV400) || 0,6% || 0,5% || TE, CA, SA, MO, IP || X || X

|| TV4 Fakta || 1,1% || 1,2% || TE, CA, SA, IP || X || X

|| TV4 Film || 0,9% || 0,8% || TE, CA, SA, IP || X || X

|| TV4 Guld || 0,4% || 0,4% || CA, SA, IP || X || X

|| TV4 Komedi || 0,3% || 0,2% || CA, SA, IP || X || X

|| TV4 Science Fiction || 0,1% || 0,2% || CA, SA, IP || X || X

|| Viasat Crime || 0,3% || 0,2% || CA, SA, IP || X || V

UK || 100% Babes || NC || NC || CA, SA || X || X

|| 13th Street Universa || NC || NC || CA, SA || X || X

|| 13th Street Universa || NC || NC || CA, SA || X || X

|| 3+ || NC || NC || CA, SA || X || X

|| 3+ (Baltics) || NC || NC || CA, SA || V || X

|| 3+ (Estonia) || NC || NC || CA, SA || V || X

|| 4 Music || NC || 0,3% || CA, SA, IP || X || V

|| 5 USA || NC || 0,8% || CA, SA || X || X

|| 5* (TLCS) || NC || 0,5% || CA, SA || V || X

|| Adult Swim || NO || NC || CA, SA || NO || X

|| Ahlulbayt || NC || NC || CA, SA || X || V

|| AIT Int || NC || NC || CA, SA || X || X

|| Al Fayhaa || NO || NC || CA, SA || NO || X

|| Al Jazeera || NC || NC || CA, SA || X || X

|| Alibi || 0,4% || 0,3% || CA, SA || V || X

|| Animal Planet (Italy || NC || NC || CA, SA || V || X

|| Animax || NC || NC || CA, SA || X || X

|| ANIMAX (Czech Republ || NO || NC || CA, SA || NO || X

|| ANIMAX (Romania) || NO || NC || CA, SA || NO || X

|| Anime+ || NC || NO || CA, SA || X || NO

|| AXN || NC || NO || CA, SA || X || NO

|| AXN (Adria) || NC || NC || CA, SA || X || X

|| AXN (Bulgaria) || NO || NC || CA, SA || NO || X

|| AXN (Central Europe) || NO || NC || CA, SA || NO || X

|| AXN (Czech Republic) || NO || NC || CA, SA || NO || X

|| AXN (Germany, Switze || NC || NC || CA, SA || X || X

|| AXN (Italy) || NC || NC || CA, SA || X || X

|| AXN (Romania) || NO || NC || CA, SA || NO || X

|| AXN Crime || NC || NC || CA, SA || X || NC

|| AXN Crime (Poland) || NO || NC || CA, SA || NO || X

|| AXN Crime Central Eu || NO || NC || CA, SA || NO || X

|| AXN Sci-Fi || NC || NO || CA, SA || X || NO

|| AXN Sci-Fi (Italy) || NO || NC || CA, SA || NO || X

|| AXN Sci-Fi (Poland) || NO || NC || CA, SA || NO || X

|| AXN Sci-Fi Central E || NO || NC || CA, SA || NO || X

|| AXN/AXN HD (Poland) || NO || NC || CA, SA || NO || X

|| Baby First TV || NC || NC || CA, SA || NC || X

|| Baby TV || NO || NC || CA, SA || NO || X

|| Barker Channel || NC || NC || CA, SA || X || X

|| BBC News 24 || 0,8% || 1,0% || CA, SA || X || V

|| BBC1 || 20,9% || 20,8% || TE, CA, SA || X || V

|| BBC2 || 7,5% || 6,9% || TE, CA, SA || X || V

|| BBC3 || 1,2% || 1,4% || CA, SA || X || V

|| BBC4 || 0,5% || 0,6% || CA, SA || X || V

|| Be Do Have TV || NC || NO || CA, SA || X || NO

|| BET || 0,0% || 0,0% || CA, SA || X || X

|| Bio || 0,0% || 0,0% || CA, SA || X || X

|| Bio.HD || 0,1% || NC || CA, SA || X || X

|| Body in Balance || NC || NC || CA, SA || X || X

|| Body In Balance (Eur || NC || NC || CA, SA || X || V

|| Boing || NO || NC || CA, SA || NO || X

|| Bomerang (German) || NO || NC || CA, SA || NO || X

|| Boomerang (French) || NC || NC || CA, SA || X || X

|| Boomerang (Italian) || NC || NO || || X || NO

|| Boomerang (Pan Europ || NO || NC || CA, SA || NO || X

|| Boomerang (Spain) || NC || NC || CA, SA || NC || X

|| Boomerang UK || NC || 0,2% || CA, SA || X || V

|| Boomerang(Nordic) || NC || NC || CA, SA || X || X

|| Bravo || 0,2% || 0,2% || CA, SA || X || X

|| Bravo 2 || 0,1% || 0,1% || CA, SA || V || X

|| C&I Network HD || NC || NC || CA, SA || X || X

|| Cartoon Netw (Ger) || NO || NC || CA, SA || NO || X

|| Cartoon Network (Cen || NO || NC || CA, SA || NO || X

|| Cartoon Network (EME || NC || NO || || X || NO

|| Cartoon Network (Fre || NC || NC || CA, SA || X || X

|| Cartoon Network (Ita || NC || NO || || X || NO

|| Cartoon Network (Nor || NC || NC || CA, SA || X || X

|| Cartoon Network (Spa || NC || NC || CA, SA || NC || X

|| Cartoon Network Dutc || NC || NC || CA, SA || NC || X

|| Cartoon Network Pan || NC || NC || CA, SA || X || X

|| Cartoon Network Pol || NO || NC || CA, SA || NO || X

|| Cartoon Network Russ || NO || NC || CA, SA || NO || X

|| Cartoonito || 0,1% || 0,1% || CA, SA || V || X

|| CBBC || 0,5% || 0,7% || CA, SA || X || V

|| Cbeebies || 1,2% || 1,2% || CA, SA || X || V

|| CBeebies || 1,3% || 1,2% || CA, SA || X || V

|| CBS Action || 0,0% || 0,1% || CA, SA || X || X

|| CBS Drama || 0,0% || 0,1% || CA, SA || X || X

|| CBS Reality || 0,1% || 0,1% || CA, SA || X || X

|| CBS Reality +1 || 0,0% || 0,1% || CA, SA || X || X

|| Channel One || NO || 0,7% || CA, SA || NO || X

|| Club Paradiso || NC || NO || CA, SA || X || NO

|| Club TV (Poland) || NC || NC || CA, SA || X || X

|| CNBC || NC || NC || CA, SA || X || X

|| Comedy CE (Ireland) || NO || NC || CA, SA || NO || X

|| Comedy Central || 0,4% || 0,3% || CA, SA || X || X

|| Comedy Central (Irel || NC || NC || CA, SA || X || X

|| Comedy Central Extra || 0,1% || 0,1% || CA, SA || X || X

|| Comedy Central Polsk || NC || NO || CA, SA || X || NO

|| Controversial TV || NC || NC || CA, SA || X || V

|| Crime & Investigatio || 0,1% || 0,1% || CA, SA || X || X

|| Cultoon Television L || NC || NC || CA, SA || X || NC

|| Directgov || 0,0% || NC || CA, SA || X || X

|| Disc Chan (Benleux) || NC || NC || CA, SA || X || X

|| Discovery Cha Nordic || NC || NC || CA, SA || X || X

|| Discovery Chan (Ita) || NC || NC || CA, SA || V || X

|| Discovery Chan (Uk) || NC || 0,2% || CA, SA, IP || X || X

|| Discovery Channel (S || NC || NC || CA, SA || X || X

|| Discovery Channel Fr || NC || NC || CA, SA || X || X

|| Discovery Flanders || NC || NC || CA, SA || X || X

|| Discovery HD || 0,0% || 0,0% || CA, SA || X || X

|| Discovery HD Showcas || NC || NC || CA, SA || X || X

|| Discovery Historia || NC || NC || CA, SA || X || X

|| Discovery Science EU || NC || NC || CA, SA || V || X

|| Discovery Science UK || 0,1% || 0,1% || CA, SA || X || X

|| Discovery Trav & Liv || 1,0% || 0,0% || CA, SA || X || X

|| Disney Channel || 0,5% || 0,4% || CA, SA || X || X

|| Disney Cinemagic || 0,1% || 0,1% || CA, SA || X || X

|| Disney XD || NC || 0,1% || CA, SA || X || X

|| Diva || 0,0% || 0,0% || CA, SA || X || X

|| DIVA Universal (Roma || NC || NC || CA, SA || X || X

|| DMAX || 0,1% || 0,1% || CA, SA || X || X

|| E! || 0,1% || 0,1% || CA, SA || X || X

|| E! Entertainmen (It) || NC || NC || CA, SA || X || X

|| E! Entertainment (Fr || NC || NC || CA, SA || X || X

|| E! Entertainment Ire || NO || 0,0% || CA, SA || NO || X

|| E! Entertainment Neth || NO || NC || CA, SA || NO || X

|| E! Entertainment Pol || NC || NC || CA, SA || X || X

|| E! Entertainment TV || NC || NC || CA, SA || X || X

|| E! Germany || NC || NC || CA, SA || X || X

|| E4 || 1,2% || 1,2% || CA, SA, IP || X || X

|| EWTN || NC || NC || CA, SA || X || X

|| Extreme Sports || NO || NC || CA, SA || NO || X

|| Extreme Sports POL || NO || NC || CA, SA || NO || X

|| f/x Channel || 0,2% || 0,2% || CA, SA || X || X

|| FEM3 || NO || NC || CA, SA || NO || X

|| Film 4 || 0,9% || 1,0% || CA, SA, IP || X || X

|| Film24 || 0,0% || NC || CA, SA || V || X

|| FILMBOX || NO || NC || CA, SA || NO || X

|| Filmbox Extra (Hunga || NO || NC || CA, SA || NO || X

|| Filmbox Extra 1 || NO || NC || CA, SA || NO || X

|| FILMBOX HD (Hungary) || NO || NC || CA, SA || NO || X

|| FILMBOX PLUS || NO || NC || CA, SA || NO || X

|| Fine Living Network || NC || NC || CA, SA || X || X

|| Flava || NC || NC || CA, SA || V || X

|| FOBO Movies || NC || NC || CA, SA || X || NC

|| Food Network || 0,0% || NC || CA, SA || X || X

|| Food Network (EMEA) || NO || NC || CA, SA || NO || X

|| Food Network HD || NC || NC || CA, SA || X || X

|| Fresh TV || NC || NC || CA, SA || EX || X

|| FX HD || 0,2% || NC || CA, SA || X || X

|| FX+ || 0,1% || NC || CA, SA || X || X

|| Girls Gone Wild || NC || NC || CA, SA || X || X

|| GMTV+1 || NO || NC || CA, SA || NO || X

|| GMTV1 TLCS || NC || NC || CA, SA || V || X

|| Hallmark (Benelux) || NC || NC || CA, SA || X || NC

|| Hallmark (Bulgaria) || NC || NC || CA, SA || X || NC

|| Hallmark (CIS) || NC || NC || CA, SA || X || NC

|| Hallmark (Hungary,Cz || NC || NC || CA, SA || X || NC

|| Hallmark (Italy) || NC || NC || CA, SA || X || NC

|| Hallmark (Poland) || NC || NC || CA, SA || X || NC

|| Hallmark (Romania) || NC || NO || CA, SA || X || NO

|| Hallmark (Turkey, Gr || NC || NC || CA, SA || X || NC

|| Hallmark (UK) || NC || NC || CA, SA || X || NC

|| History Chan Europe || NC || NC || CA, SA || X || X

|| History Channel HD || NC || 0,1% || CA, SA || X || X

|| History Euro HD || NC || NC || CA, SA || X || X

|| Horror Channel || 0,1% || 0,1% || CA, SA || X || X

|| Horror Channel || NC || 0,1% || CA, SA || X || X

|| Horror Channel + 1 || NC || 0,0% || CA, SA || X || X

|| Hustler TV UK || NC || NC || CA, SA || X || X

|| Info TV (3) || NC || NC || CA, SA || X || NC

|| Investig Disc Europe || NC || NC || CA, SA || X || X

|| Investigation Discov || 0,0% || 0,9% || CA, SA || X || X

|| Kanal 4 || NC || NC || CA, SA || X || NC

|| Kanal 5 || NC || NC || CA, SA || X || X

|| Kanal 5 Denmark || NC || NC || CA, SA || X || NC

|| Kanal 6 || NC || NC || CA, SA || X || NC

|| Kanal 9 || NC || NC || CA, SA || X || X

|| Kanal Fem || NC || NC || CA, SA || X || X

|| Kerrang || NC || 0,0% || CA, SA || X || X

|| Kidsco (CEE) || NC || NC || CA, SA || X || X

|| KIDSCO (WesternEurop || NC || NC || CA, SA || X || X

|| Kino Auf Abruf || NC || NO || CA, SA || X || NO

|| Kiss || NC || 0,0% || CA, SA || X || X

|| Kix! || 0,0% || 0,0% || CA, SA || X || X

|| Living TV || 0,6% || NO || CA, SA || X || NO

|| Magic || NC || 0,0% || CA, SA || X || V

|| MAX || NO || NC || CA, SA || NO || X

|| MGM HD || NC || 0,0% || CA, SA || X || X

|| MGM HD Channel || NC || NC || CA, SA || X || X

|| Military History || 0,1% || NC || CA, SA || X || X

|| Movies 24 || 0,1% || NC || CA, SA || X || X

|| Movies 24 (Hungary || NC || NC || CA, SA || X || NC

|| Movies 24 Extra || NC || NC || CA, SA || X || X

|| Movies4Men || 0,0% || 0,0% || CA, SA || X || X

|| Movies4men2 || 0,0% || 0,0% || CA, SA || X || X

|| MTV || 0,1% || 0,1% || CA, SA, IP || X || X

|| MTV (Ireland) || NC || NC || CA, SA || X || X

|| MTV Base || 0,1% || 0,0% || CA, SA || X || V

|| MTV Base (France) || NC || NC || CA, SA || V || X

|| MTV CLASSIC || 0,1% || 0,0% || CA, SA || X || X

|| MTV Espana || NC || NO || CA, SA || X || NO

|| MTV Europe (North) || NC || NC || CA, SA || X || X

|| MTV France || NC || NC || CA, SA || X || X

|| MTV Live HD Euro || NO || NC || CA, SA || NO || X

|| MTV Music || NC || NC || CA, SA || V || X

|| MTV Polska || NC || NO || CA, SA || X || NO

|| MTV Portugal || NC || NO || CA, SA || X || NO

|| MTV SHOWS || 0,0% || NO || CA, SA || X || NO

|| MTVNHD(UK) || NC || NC || CA, SA || V || X

|| Muslim TV Ahmadiyya || NC || NC || CA, SA || X || V

|| n Talk || NC || NO || CA, SA || X || NO

|| Nat Geo Benelux || NO || NC || CA, SA || NO || X

|| Nat Geo Wild || NO || 0,1% || CA, SA || NO || X

|| National Geograph CE || NC || NC || CA, SA || NC || X

|| National Geograph HD || 0,0% || NC || CA, SA || X || X

|| National Geographic || 0,1% || 0,1% || CA, SA || X || X

|| NDTV 24x7 || NC || NC || CA, SA || X || X

|| NGHD Benelux || NC || NC || CA, SA || X || X

|| NGHD Poland || NC || NC || CA, SA || X || X

|| Nick Jr || 0,3% || 0,2% || CA, SA || X || V

|| Nick Jr. (Eire) || NC || NC || CA, SA || X || V

|| Nick Jr. 2 || 0,2% || 0,2% || CA, SA || X || X

|| Nickelodeon || 0,2% || 0,2% || CA, SA || X || X

|| Nickelodeon (Eire) || NC || NC || CA, SA || X || X

|| Nickelodeon (France) || NC || NC || CA, SA || X || X

|| Nickelodeon (Poland) || NC || NO || CA, SA || X || NO

|| Nickelodeon Europe || NC || NC || CA, SA || V || X

|| Nickelodeon HD || NC || NC || CA, SA || X || X

|| Nickelodeon Junior || NO || 0,2% || CA, SA || NO || X

|| Nicktoons Replay || 0,0% || 0,0% || CA, SA || X || X

|| Nicktoons TV || 0,2% || 0,2% || CA, SA || X || X

|| Nuts TV || 0,0% || NO || CA, SA || X || NO

|| pick TV || 0,8% || 0,8% || CA, SA || X || V

|| Playboy || 0,0% || NO || CA, SA || X || NO

|| Playboy (France) || NC || NC || CA, SA || X || X

|| Playboy TV || NC || NC || CA, SA || X || X

|| POP || 0,0% || 0,1% || CA, SA || X || X

|| Pop girl || 0,0% || 0,0% || CA, SA || X || X

|| Press TV || NC || NC || CA, SA || V || X

|| Quest || NO || 0,4% || || NO || X

|| Quest 2 || NC || NC || CA, SA || V || X

|| Really || 0,0% || 0,0% || CA, SA || V || X

|| Red Light 2 || NO || NC || CA, SA || NO || X

|| Retro Movies || 0,0% || NO || CA, SA || X || NO

|| Rush HD || NC || NC || CA, SA || X || X

|| Sci Fi (Pol & Bal) || NC || NC || CA, SA || X || NC

|| Sci Fi (Romania) || NC || NC || CA, SA || X || NC

|| SCI FI Universal (Po || NC || NC || CA, SA || X || X

|| SCI-FI (Benelux) || NC || NC || CA, SA || X || NC

|| Scuzz || NC || 0,0% || CA, SA || X || V

|| Select Kino || NC || NO || CA, SA || X || NO

|| Sikh Channel || NC || NC || CA, SA || X || V

|| Sky 1(HD) || 1,2% || 0,9% || CA, SA || X || V

|| Sky 2 || 0,5% || 0,4% || CA, SA || X || V

|| Sky Box Office || 0,0% || 0,0% || CA, SA || X || X

|| Sky Living HD || NO || 0,5% || CA, SA || NO || X

|| Sky Living Loves || NC || 0,0% || CA, SA || X || X

|| Sky Livingit || 0,2% || 0,2% || CA, SA || V || X

|| Sky Movies Action (H || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Classics || 0,1% || 0,0% || CA, SA || X || X

|| Sky Movies Comedy || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Drama Rom || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Family || 0,2% || 0,1% || CA, SA || X || X

|| Sky Movies Indie || 0,0% || 0,0% || CA, SA || X || X

|| Sky Movies Modern Gr || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Premier || 0,2% || 0,2% || CA, SA || X || X

|| Sky Movies Sci-Fi/Ho || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Showcase || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Thriller || 0,1% || 0,1% || CA, SA || X || X

|| Sky News || 0,5% || 0,6% || CA, SA || V || X

|| Sky News HD || NC || NC || CA, SA || X || X

|| Smash Hits || NC || 0,0% || CA, SA || V || X

|| Style || NC || NC || CA, SA || X || X

|| Sundance || NC || NC || CA, SA || X || X

|| Syfy (UK) || 0,2% || 0,2% || CA, SA || X || X

|| SYFY Universal || NC || NC || CA, SA || X || X

|| Syfy Universal (Ben) || NC || NC || CA, SA || X || X

|| TCM (French Language || NO || NC || CA, SA || NO || X

|| TCM (Spanish Languag || NC || NO || CA, SA || X || NO

|| TCM (Turner Classic || NC || 0,1% || CA, SA || NC || X

|| TCM Clasico || NC || NC || CA, SA || NC || X

|| TCM Moderno || NC || NC || CA, SA || X || X

|| TCM Pan European || NO || NC || CA, SA || NO || X

|| TCM Poland || NO || NC || CA, SA || NO || X

|| TCM2 || NC || NC || CA, SA || NC || X

|| Tease Me TV 2 || NC || NO || CA, SA || X || NO

|| The Africa Channel || NC || 0,0% || CA, SA || X || NC

|| The Box || NC || 0,0% || CA, SA || V || X

|| The History Channel || 0,1% || 0,1% || CA, SA || X || X

|| The MGM Channel || NC || NC || CA, SA || X || X

|| The Outdoor Channel || NO || NC || CA, SA || NO || X

|| The Vault || 0,0% || 0,0% || CA, SA || X || V

|| The Voice TV (Denmar || NC || NC || CA, SA || X || X

|| The Voice TV (Norway || NC || NC || CA, SA || X || X

|| Tiny Pop || 0,0% || 0,1% || CA, SA || V || X

|| TLC || NO || NC || CA, SA || NO || X

|| TLC (Poland) || NO || NC || CA, SA || NO || X

|| TLC (Sverige) || NO || NC || CA, SA || NO || X

|| TNT (Spain) || NC || NC || CA, SA || NC || X

|| TNT Film (Germany) || NC || NC || CA, SA || X || X

|| Top Up TV Anytime (W || NO || NC || CA, SA || NO || X

|| Travel Channel 2 || NC || NO || CA, SA || X || NO

|| True Entertainment || 0,1% || 0,0% || CA, SA || X || X

|| True Movies 1 || 0,0% || 0,1% || CA, SA || X || X

|| True Movies 2 || 0,1% || 0,1% || CA, SA || X || X

|| TV3 Denmark || NC || NC || CA, SA || X || X

|| TV3 Norway || NC || NO || CA, SA || X || NO

|| TV3 PULS || NO || NC || CA, SA || NO || X

|| TV3 Sweden || NC || NC || CA, SA || X || X

|| TV6 || NC || NC || CA, SA || X || X

|| TX1 || NC || NO || CA, SA || X || NO

|| UCBTV || NC || NC || CA, SA || X || X

|| Universal (Poland) || NC || NC || CA, SA || X || X

|| Universal (Romania) || NC || NC || CA, SA || X || X

|| Universal Channel (G || NC || NC || CA, SA || X || X

|| Universal Channel (T || NC || NC || CA, SA || X || NC

|| Universal Channel (U || NC || 0,3% || CA, SA || NC || X

|| VH1 - Export || NC || NC || CA, SA || X || X

|| VH1 Europe Classics || NC || NC || CA, SA || X || X

|| Viasat 3 (Hungary) || NC || NC || CA, SA || X || X

|| Viasat 3D || NC || NC || CA, SA || X || V

|| Viasat 4 || NC || NC || CA, SA || X || X

|| Viasat 6 || NC || NC || CA, SA || X || X

|| Virgin 1 || NC || NC || CA, SA || X || X

|| Wild || NC || NC || CA, SA || X || X

|| Wild HD || NC || NC || CA, SA || X || X

|| XXX Gay || NC || NC || CA, SA || V || X

|| You & Me || NO || NC || CA, SA || NO || X

|| Zone Club (Hungary) || NC || NC || CA, SA || X || V

|| Zone Club (Poland) || NC || NC || CA, SA || X || NC

|| Zone Fantasy || NC || NC || CA, SA || X || NC

|| Zone Horror (Netherl || NC || NO || CA, SA || X || NO

|| Zone Reality || NC || NC || CA, SA || X || X

|| Zone Reality (EMEA 2 || NC || NC || CA, SA || X || X

|| Zone Reality (Poland || NC || NC || CA, SA || X || X

|| Zone Romantica || NC || NC || CA, SA || X || X

|| Zone Romantica (2) || NC || NC || CA, SA || X || X

ANNEX 4:

LIST OF TELEVISION CHANNELS IN THE MEMBER STATES WHICH FAILED TO ACHIEVE THE MAJORITY PROPORTION REQUIRED BY ARTICLE 17

Country || Channel || AS 09 || AS 10 || Transmission || IND5 09 || IND5 10

BE-FR || Be Sport 1 || NC || NC || CA || V || X

BE-VL || Canvas || NC || NC || TE, CA, SA, IP || X || X

|| Jim TV || NC || NC || CA, SA, IP || X || X

|| Liberty TV Vlaanderen || NC || NC || CA || V || X

BG || BTV ACTION/PRO BG || 2,0% || 2,4% || TE, CA, SA, IP || X || X

|| BTV CINEMA || NC || 1,1% || CA, SA, IP || X || X

|| BTV COMEDY || 1,7% || 1,8% || TE, CA, SA, IP || X || V

|| Bulgaria  TV (BGTV) || 11,0% || 14,0% || CA, SA || V || X

|| DIEMA || 2,7% || 2,8% || CA, SA || X || X

|| DIEMA 2/KINO NOVA || 1,0% || 1,8% || CA, SA || X || NC

|| DIEMA Family || 2,7% || 3,2% || CA, SA || NC || X

|| FOX CRIME BG || 0,5% || 1,2% || CA, SA, IP || X || X

|| FOX LIFE BG || 1,1% || 1,6% || CA, SA, IP || X || X

|| MSAT || 2,6% || 1,1% || CA, SA || V || X

|| POP CORE TV || NC || NC || TE || X || X

|| Super 7 || 3,3% || 4,5% || CA, SA, IP || X || X

|| TV Evropa || 11,4% || 12,6% || CA, SA || X || X

|| VTK- Voenen Televizionen Kanal || NC || NC || CA, SA, IP || NC || X

CZ || ČT24 || 2,0% || 3,4% || TE, CA, SA, MO, IP || X || X

|| GENUS TV || NC || NC || TE, CA, SA, IP || V || X

|| HBO || NC || NC || CA, SA || V || X

|| HBO ADRIA || NC || NC || CA, SA || V || X

|| HBO COMEDY ADRIA || NC || NC || CA, SA || V || X

|| HBO Comedy Poland || NC || NC || CA, SA || V || X

|| HBO COMEDY REGIONAL || NC || NC || CA, SA || V || X

|| HBO HU || NC || NC || CA, SA || V || X

|| HBO PL || NC || NC || CA, SA || V || X

|| HBO RO || NC || NC || CA, SA || V || X

|| HBO2 || NC || NC || CA, SA || V || X

|| JETIX || NC || NC || CA, SA || V || X

|| JETIX (CR,SR, Mad) || NC || NC || CA, SA || V || X

|| JETIX XD || NC || NC || CA, SA || V || X

|| LYRA TV || NC || NC || TE, CA, IP || V || X

|| MTV || NC || NC || CA, SA, MO || X || X

|| Nickleodeon || NO || NC || CA, SA || NO || NO

|| Nickleodeon European || NO || NC || CA, SA || NO || NO

|| RTA JIŽNÍ ČECHY || NC || NC || TE, CA, IP || X || X

|| RTA JIŽNÍ MORAVA || NC || NC || TE, CA || X || X

|| RTA OSTRAVA || NC || NC || TE, CA, IP || X || X

|| RTA VÝCHODNÍ ČECHY || NC || NC || TE, CA, IP || X || X

|| RTA ZLÍN || NC || NC || TE, CA, IP || X || X

|| TV MORAVA || NC || NC || TE, CA, IP || V || X

|| ZAK || NC || NC || TE, CA, IP || V || X

DK || 24NORDJYSKE || NC || NC || SA || X || X

|| dk4 || 0,4% || 0,4% || SA || X || V

|| DR HD || 0,2% || 1,0% || TE || X || X

|| DR K || 0,1% || 0,9% || TE || X || X

|| DR2 || 4,5% || 4,6% || TE || X || X

|| TV 2 Bornholm || 83,4% || 78,4% || TE || V || X

|| TV 2 Fyn || 51,6% || 51,7% || TE || X || X

|| TV 2 Lorry || 35,7% || 33,9% || TE || X || X

|| TV 2 ØSTJYLLAND || 47,5% || 43,5% || TE || X || X

|| TV MIDT-VEST || 62,2% || 59,2% || TE || X || V

DE || MTV (Germany) || 0,4% || 0,4% || CA, SA, IP || X || V

|| PHOENIX || 1,0% || 1,0% || TE, CA, SA, IP || X || X

|| VIVA (Germany) || 0,6% || 0,5% || TE, CA, SA, IP || X || V

|| ZDF Infokanal || NC || NC || TE, CA, SA, IP || X || X

IE || Channel 6/3e || 0,8% || 1,1% || CA, SA, IP || X || V

EL || BOOMERANG || NC || NC || SA || X || X

|| CENTER TV KAVALA || NC || 13,4% || TE || V || X

|| CHASSE & PECHE (removed from NOVA Platfrom from 01/03/2011) || NC || NC || SA || X || NC

|| DISCOVERY || NC || NC || SA || X || X

|| DISNEY CHANNEL || NC || NC || SA || X || X

|| DISNEY XD  || NC || NC || SA || X || X

|| DISNEY XD  (ex JETIX) || NC || NC || TE || X || X

|| E!  ENTERTAINMENT || NC || NC || SA || X || X

|| FLASH TV || 27,0% || 33,6% || TE || X || X

|| FOX LIFE   || NC || NC || SA || X || X

|| FX || NC || NC || SA || X || X

|| MAD GREEKZ || NC || NC || SA || X || X

|| MEZZO                         || NC || NC || SA || X || X

|| MGM || NC || NC || SA || X || X

|| MOTORV TV    || NC || NC || SA || X || X

|| MTV EUROPE || NC || NC || SA || X || X

|| MTV GREECE || NC || NC || SA || X || X

|| NET  || NC || NC || SA || X || X

|| NOVASPORTS 1 || NC || NC || TE || X || X

|| NOVASPORTS 1 / HD || NC || NC || SA || X || X

|| NOVASPORTS 2 || NC || NC || SA || X || X

|| NOVASPORTS 3 || NC || NC || SA || X || X

|| NOVASPORTS 4 || NC || NC || SA || X || X

|| NOVASPORTS 6 || NC || NC || SA || X || X

|| NOVASPORTS 7 || NC || NC || SA || X || X

|| PLAYBOY CHANNEL     || NC || NC || SA || X || X

|| PRIVATE SPICE    || NC || NC || SA || X || X

|| TCM    (removed from NOVA Plaform from 01/06/2009) || NC || NC || SA || X || NC

|| VH1 || NC || NC || SA || X || X

ES || 8TV || 0,6% || 0,5% || TE || NC || X

|| Fox España || 0,4% || 0,4% || CA, SA, IP || X || X

|| TVE La 1 || 16,4% || 16,0% || TE, CA, IP || X || V

FR || AB 1 || NC || NC || CA, SA, IP || X || X

|| Virgin 17 (*)/Direct Star depuis septembre 2010) || 0,7% || 1,0% || TE, CA, SA, MO, IP || V || X

|| W9 (*) || 2,5% || 3,0% || TE, CA, SA, MO, IP || X || V

IT || Alice || 0,1% || 0,1% || SA || X || V

|| Leonardo || 0,1% || 0,1% || SA || X || V

|| Marco Polo || 0,1% || 0,1% || SA || X || V

|| Nuvolari || 0,1% || 0,1% || SA || X || V

|| Steel || NC || NC || TE || V || X

CY || CNC Plus TV || 2,5% || 4,1% || TE || X || X

|| MEGA (Cyprus) || 11,9% || 14,3% || TE || X || X

|| SIGMA || 19,0% || 21,3% || TE || X || X

LV || Pirmais Baltijas Kanāls || 11,2% || 10,1% || CA, SA, IP || X || X

|| TV5 RIGA || 3,9% || 3,4% || CA, SA, IP || X || X

HU || Viasat3 Hungary || 4,2% || 3,8% || SA || X || NC

MT || Education 22 || 0,1% || 0,0% || TE, CA || X || V

NL || BVN || 0,0% || 0,0% || SA || X || X

|| Comedy Central || 1,0% || 1,0% || CA || X || X

|| MTV Denmark || 0,4% || NC || CA, SA || X || X

|| MTV Norway (Nordic) || 0,3% || NC || CA, SA || X || X

|| MTV Sweden || 0,9% || NC || CA, SA || X || X

|| MTV The Netherlands || 0,8% || 0,8% || CA || X || X

|| MTV Vlaanderen || 1,5% || NC || CA || X || X

|| Nickelodeon || 2,1% || 1,8% || CA || V || X

|| Omroep Zeeland || 0,1% || 0,0% || CA || X || X

|| Omrop Fryslân || 0,2% || 0,1% || CA || X || V

|| The Music Factory (TMF) || 0,7% || 0,5% || CA || X || X

AT || Pro Sieben Austria || 4,6% || 4,8% || CA, SA || X || X

|| SAT.1 Österreich || 7,1% || 6,8% || CA, SA, MO || X || X

PL || Trwam || 0,1% || 0,1% || SA || X || V

|| TVN-CNBC Biznes || 0,0% || 0,0% || SA || V || X

PT || Canal Panda || NO || 1,2% || CA, SA || NO || NO

|| Hollywood || NO || 1,1% || CA, SA || NO || NO

RO || Analog TV || NC || NC || SA || X || NC

|| Antena 2 || 1,2% || 1,3% || SA || X || X

|| Speranta TV || NC || NC || SA, IP || X || X

|| TVR3 || NC || 0,2% || CA, SA, IP || X || X

SI || 0 || 0,0% || 0,0% || || X || X

|| Televizija Koper Capodistria /TV KC/: televizijski program za italijansko narodno skupnost || NC || NC || TE, CA, SA || X || V

SK || CE TV || NC || NC || TE, CA || X || X

|| Central TV || NC || NC || TE, CA || X || X

|| RTV || NC || NC || CA || X || X

|| TOP REGION || NC || NC || TE, CA || X || X

|| TV HRONKA || NO || NC || TE, CA, SA, IP || NO || NO

|| TV Patriot || NC || NC || TE, CA || X || X

FI || KinoTV || NC || NC || TE, CA, SA || X || V

SE || Showtime || 0,1% || 0,1% || TE, CA, SA, IP || V || X

|| Star!  || 0,1% || 0,1% || TE, CA, SA, IP || X || X

|| SVT24 || 1,5% || 1,0% || TE, CA, SA, IP || X || V

UK || 13th Street Universa || NC || NC || CA, SA || X || X

|| 13th Street Universa || NC || NC || CA, SA || X || X

|| 5 USA || NC || 0,8% || CA, SA || X || X

|| Adult Swim || NO || NC || CA, SA || NO || NO

|| AIT Int || NC || NC || CA, SA || X || V

|| Al Fayhaa || NO || NC || CA, SA || NO || NO

|| Alibi || 0,4% || 0,3% || CA, SA || V || X

|| Animal Planet (Europ || NC || NC || CA, SA || V || X

|| Animal Planet (Italy || NC || NC || CA, SA || V || X

|| Animal Planet HD || NC || NC || CA, SA || V || X

|| Animal Planet Nordic || NO || NC || CA, SA || NO || NO

|| Animax || NC || NC || CA, SA || X || X

|| ANIMAX (Czech Republ || NO || NC || CA, SA || NO || NO

|| ANIMAX (Romania) || NO || NC || CA, SA || NO || NO

|| Anime+ || NC || NO || CA, SA || X || X

|| AXN (Bulgaria) || NO || NC || CA, SA || NO || NO

|| AXN (Central Europe) || NO || NC || CA, SA || NO || NO

|| AXN (Czech Republic) || NO || NC || CA, SA || NO || NO

|| AXN (Germany, Switze || NC || NC || CA, SA || X || V

|| AXN (Italy) || NC || NC || CA, SA || X || X

|| AXN (Romania) || NO || NC || CA, SA || NO || NO

|| AXN Sci-Fi || NC || NO || CA, SA || X || X

|| AXN Sci-Fi (Italy) || NO || NC || CA, SA || NO || NO

|| AXN Sci-Fi (Poland) || NO || NC || CA, SA || NO || NO

|| AXN Sci-Fi Central E || NO || NC || CA, SA || NO || NO

|| AXN/AXN HD (Poland) || NO || NC || CA, SA || NO || NO

|| Babeworld TV || NC || NC || CA, SA || X || NC

|| Barker Channel || NC || NC || CA, SA || X || X

|| BBC News 24 || 0,8% || 1,0% || CA, SA || X || X

|| BBC2 || 7,5% || 6,9% || TE, CA, SA || X || V

|| BBC3 || 1,2% || 1,4% || CA, SA || X || V

|| BBC4 || 0,5% || 0,6% || CA, SA || X || V

|| Be Do Have TV || NC || NO || CA, SA || X || X

|| Believe TV || NO || NC || CA, SA || NO || NO

|| BET || 0,0% || 0,0% || CA, SA || X || X

|| Bio.HD || 0,1% || NC || CA, SA || X || X

|| Body in Balance || NC || NC || CA, SA || V || X

|| Body In Balance (Eur || NC || NC || CA, SA || V || X

|| Boing || NO || NC || CA, SA || NO || NO

|| Bomerang (German) || NO || NC || CA, SA || NO || NO

|| Boomerang (French) || NC || NC || CA, SA || X || X

|| Boomerang (Pan Europ || NO || NC || CA, SA || NO || NO

|| Boomerang UK || NC || 0,2% || CA, SA || X || V

|| Boomerang(Nordic) || NC || NC || CA, SA || X || X

|| Brit Asia TV || NC || NC || CA, SA || X || X

|| C Music TV || NC || NC || CA, SA || X || X

|| C&I Network HD || NC || NC || CA, SA || X || X

|| Cartoon Netw (Ger) || NO || NC || CA, SA || NO || NO

|| Cartoon Network (Cen || NO || NC || CA, SA || NO || NO

|| Cartoon Network (Fre || NC || NC || CA, SA || X || V

|| Cartoon Network (Ita || NC || NO || || X || X

|| Cartoon Network Pol || NO || NC || CA, SA || NO || NO

|| CBBC || 0,5% || 0,7% || CA, SA || X || V

|| Cbeebies || 1,2% || 1,2% || CA, SA || X || V

|| CBeebies || 1,3% || 1,2% || CA, SA || X || V

|| CBS Action || 0,0% || 0,1% || CA, SA || V || X

|| CBS Reality || 0,1% || 0,1% || CA, SA || X || X

|| CBS Reality +1 || 0,0% || 0,1% || CA, SA || X || X

|| Challenge || 0,2% || NC || CA, SA || V || X

|| Channel M TV for Man || NC || NO || CA, SA || X || X

|| Channel One || NO || 0,7% || CA, SA || NO || NO

|| Cinemoi Movies || NC || NC || CA, SA || X || X

|| Club Paradiso || NC || NO || CA, SA || X || X

|| Comedy Central || 0,4% || 0,3% || CA, SA || X || X

|| Comedy Central (Irel || NC || NC || CA, SA || X || X

|| Crime & Investigatio || 0,1% || 0,1% || CA, SA || X || V

|| Cultoon Television L || NC || NC || CA, SA || X || NC

|| Directgov || 0,0% || NC || CA, SA || X || X

|| Disc Chan (Benleux) || NC || NC || CA, SA || X || X

|| Disc Travel & Living || 1,0% || 0,0% || CA, SA || X || X

|| Discovery (Central & || NC || NC || CA, SA || X || X

|| Discovery (Ukraine) || NO || NC || CA, SA || NO || NO

|| Discovery Cha Nordic || NC || NC || CA, SA || X || X

|| Discovery Chan (Ita) || NC || NC || CA, SA || X || X

|| Discovery Chan (Uk) || NC || 0,2% || CA, SA, IP || X || X

|| Discovery Channel (S || NC || NC || CA, SA || X || X

|| Discovery Channel Fr || NC || NC || CA, SA || X || X

|| Discovery Flanders || NC || NC || CA, SA || X || X

|| Discovery HD || 0,0% || 0,0% || CA, SA || V || X

|| Discovery HD Showcas || NC || NC || CA, SA || X || X

|| Discovery Historia || NC || NC || CA, SA || X || X

|| Discovery History (U || NO || NC || CA, SA || NO || NO

|| Discovery Home and H || 0,1% || 0,1% || CA, SA, IP || X || X

|| Discovery Knowledge || 0,1% || NO || CA, SA || X || X

|| Discovery Real Time || 0,1% || 0,1% || CA, SA, IP || V || X

|| Discovery RT France || NC || NO || CA, SA || X || X

|| Discovery RT Italy || NC || NC || CA, SA || X || X

|| Discovery Science EU || NC || NC || CA, SA || X || X

|| Discovery Science It || NC || NC || CA, SA || X || X

|| Discovery Science UK || 0,1% || 0,1% || CA, SA || X || X

|| Discovery T&L Italy || NC || NC || CA, SA || X || X

|| Discovery Trav & Liv || 1,0% || 0,0% || CA, SA || X || X

|| Discovery World (Eur || NC || NC || CA, SA || X || X

|| Disney Chan Poland || NO || NC || CA, SA || NO || NO

|| Disney Channel || 0,5% || 0,4% || CA, SA || X || X

|| Disney Channel Middl || NC || NC || CA, SA || X || NC

|| Disney Cinemagic || 0,1% || 0,1% || CA, SA || X || X

|| Disney Cinemagic (Ge || NO || NC || CA, SA || NO || NO

|| Disney Cinemagic(Fre || NC || NC || CA, SA || X || X

|| Disney Junior || NC || 0,2% || CA, SA || X || X

|| Disney Junior (Polan || NO || NC || CA, SA || NO || NO

|| Disney Junior (Scand || NC || NC || CA, SA || X || X

|| Disney XD || NC || 0,1% || CA, SA || V || X

|| Disney XD Scandinavi || NC || NC || CA, SA || V || X

|| Diva || 0,0% || 0,0% || CA, SA || X || X

|| DIVA Universal (Roma || NC || NC || CA, SA || X || X

|| Divine TV || NO || NC || CA, SA || NO || NO

|| DMAX || 0,1% || 0,1% || CA, SA || X || X

|| E! || 0,1% || 0,1% || CA, SA || V || X

|| E! Entertainmen (It) || NC || NC || CA, SA || V || X

|| E! Entertainment (Fr || NC || NC || CA, SA || V || X

|| E! Entertainment Ire || NO || 0,0% || CA, SA || NO || NO

|| E! Entertainment Neth || NO || NC || CA, SA || NO || NO

|| E! Entertainment Pol || NC || NC || CA, SA || V || X

|| E! Entertainment TV || NC || NC || CA, SA || X || X

|| E! Germany || NC || NC || CA, SA || X || X

|| Elite TV 2 || NC || NC || CA, SA || X || V

|| f/x Channel || 0,2% || 0,2% || CA, SA || X || X

|| Fashion One || NC || NC || CA, SA || X || X

|| Film 4 || 0,9% || 1,0% || CA, SA, IP || X || X

|| Film24 || 0,0% || NC || CA, SA || V || X

|| Fine Living Network || NC || NC || CA, SA || X || V

|| Fizz || NO || NC || CA, SA || NO || NO

|| FOBO Movies || NC || NC || CA, SA || X || NC

|| Food Network || 0,0% || NC || CA, SA || X || V

|| Food Network HD || NC || NC || CA, SA || X || X

|| Fresh TV || NC || NC || CA, SA || EX || X

|| FX HD || 0,2% || NC || CA, SA || X || X

|| FX+ || 0,1% || NC || CA, SA || X || X

|| Greatest Hits TV || NO || NC || CA, SA || NO || NO

|| Hallmark (Benelux) || NC || NC || CA, SA || X || NC

|| Hallmark (Bulgaria) || NC || NC || CA, SA || X || NC

|| Hallmark (CIS) || NC || NC || CA, SA || X || NC

|| Hallmark (Hungary,Cz || NC || NC || CA, SA || X || NC

|| Hallmark (Poland) || NC || NC || CA, SA || X || NC

|| Hallmark (Romania) || NC || NO || CA, SA || X || X

|| Hallmark (Turkey, Gr || NC || NC || CA, SA || X || NC

|| Hallmark (UK) || NC || NC || CA, SA || X || NC

|| History Chan Europe || NC || NC || CA, SA || X || X

|| History Channel HD || NC || 0,1% || CA, SA || X || X

|| History Euro HD || NC || NC || CA, SA || X || X

|| Horror Channel || 0,1% || 0,1% || CA, SA || X || V

|| Horror Channel || NC || 0,1% || CA, SA || X || X

|| Horror Channel + 1 || NC || 0,0% || CA, SA || X || V

|| House of Fun || NC || NO || CA, SA || X || X

|| Investig Disc Europe || NC || NC || CA, SA || X || X

|| Investigation Discov || 0,0% || 0,9% || CA, SA || X || X

|| Islam Channel || NC || NC || CA, SA || X || X

|| ITV4 || 0,9% || 0,9% || CA, SA || X || V

|| JimJam(Italian) || NC || NC || CA, SA || X || V

|| Kidsco (CEE) || NC || NC || CA, SA || V || X

|| KIDSCO (WesternEurop || NC || NC || CA, SA || V || X

|| Kix! || 0,0% || 0,0% || CA, SA || V || X

|| lfc tv || 0,0% || 0,0% || CA, SA || X || X

|| Loveworld TV || NC || NC || CA, SA || X || V

|| Luxe TV || 0,0% || NC || CA, SA || X || NC

|| MGM HD Channel || NC || NC || CA, SA || X || X

|| Military History || 0,1% || NC || CA, SA || X || X

|| Movies 24 || 0,1% || NC || CA, SA || X || X

|| Movies 24 (Hungary || NC || NC || CA, SA || X || NC

|| Movies 24 Extra || NC || NC || CA, SA || X || X

|| MTA 2 - SANIA || NO || NC || CA, SA || NO || NO

|| MTA 3 - ALARBIAYA || NC || NC || CA, SA || EX || X

|| Muslim TV Ahmadiyya || NC || NC || CA, SA || X || X

|| MUTV || 0,0% || 0,0% || CA, SA || X || X

|| NDTV 24x7 || NC || NC || CA, SA || X || X

|| Nickelodeon Junior || NO || 0,2% || CA, SA || NO || NO

|| NR1 || NC || NC || CA, SA || EX || X

|| Nuts TV || 0,0% || NO || CA, SA || X || X

|| pick TV || 0,8% || 0,8% || CA, SA || X || V

|| Playboy || 0,0% || NO || CA, SA || X || X

|| POP || 0,0% || 0,1% || CA, SA || V || X

|| Pop girl || 0,0% || 0,0% || CA, SA || V || X

|| Quest || NO || 0,4% || || NO || NO

|| Retro Movies || 0,0% || NO || CA, SA || X || X

|| Rush HD || NC || NC || CA, SA || X || X

|| Sci Fi (Pol & Bal) || NC || NC || CA, SA || X || NC

|| Sci Fi (Romania) || NC || NC || CA, SA || X || NC

|| SCI FI Universal (Po || NC || NC || CA, SA || X || X

|| SCI-FI (Benelux) || NC || NC || CA, SA || X || NC

|| Sky 1(HD) || 1,2% || 0,9% || CA, SA || X || V

|| Sky 2 || 0,5% || 0,4% || CA, SA || X || V

|| Sky 3D || NO || NC || CA, SA || NO || NO

|| Sky Box Office || 0,0% || 0,0% || CA, SA || X || V

|| Sky Living Loves || NC || 0,0% || CA, SA || V || X

|| Sky Movies Action (H || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Classics || 0,1% || 0,0% || CA, SA || X || X

|| Sky Movies Comedy || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Drama Rom || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Family || 0,2% || 0,1% || CA, SA || X || X

|| Sky Movies Modern Gr || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Sci-Fi/Ho || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Showcase || 0,1% || 0,1% || CA, SA || X || X

|| Sky Movies Thriller || 0,1% || 0,1% || CA, SA || X || X

|| Sky News || 0,5% || 0,6% || CA, SA || X || X

|| Sky News HD || NC || NC || CA, SA || V || X

|| Sky Sports News || 0,7% || 0,7% || CA, SA || X || X

|| Style || NC || NC || CA, SA || X || X

|| Syfy (UK) || 0,2% || 0,2% || CA, SA || X || X

|| SYFY Universal || NC || NC || CA, SA || V || X

|| Syfy Universal (Ben) || NC || NC || CA, SA || X || X

|| TCM (French Language || NO || NC || CA, SA || NO || NO

|| TCM (Spanish Languag || NC || NO || CA, SA || X || X

|| TCM (Turner Classic || NC || 0,1% || CA, SA || NC || X

|| TCM Clasico || NC || NC || CA, SA || NC || X

|| TCM Moderno || NC || NC || CA, SA || X || X

|| TCM2 || NC || NC || CA, SA || NC || X

|| The Africa Channel || NC || 0,0% || CA, SA || X || NC

|| The Disney Channel S || NC || NC || CA, SA || X || V

|| The History Channel || 0,1% || 0,1% || CA, SA || V || X

|| The Karaoke Chan || NC || NC || CA, SA || X || NC

|| The MGM Channel || NC || NC || CA, SA || X || X

|| The Other Side || NC || NO || CA, SA || X || X

|| The Outdoor Channel || NO || NC || CA, SA || NO || NO

|| The Pub Channel || NC || NC || CA, SA || X || X

|| The Voice TV (Norway || NC || NC || CA, SA || V || X

|| TLC || NO || NC || CA, SA || NO || NO

|| TLC (Balkans) || NO || NC || CA, SA || NO || NO

|| TLC (Poland) || NO || NC || CA, SA || NO || NO

|| TLC (Sverige) || NO || NC || CA, SA || NO || NO

|| TNT (Spain) || NC || NC || CA, SA || NC || X

|| TNT Film (Germany) || NC || NC || CA, SA || V || X

|| Toon Disney Scandina || NC || NO || CA, SA || X || X

|| Top Up TV Anytime (W || NO || NC || CA, SA || NO || NO

|| Travel Channel 2 || NC || NO || CA, SA || X || X

|| True Entertainment || 0,1% || 0,0% || CA, SA || V || X

|| True Movies 1 || 0,0% || 0,1% || CA, SA || X || X

|| True Movies 2 || 0,1% || 0,1% || CA, SA || X || X

|| TV3 Sweden || NC || NC || CA, SA || X || V

|| TV6 || NC || NC || CA, SA || X || X

|| TX1 || NC || NO || CA, SA || X || X

|| Universal (Poland) || NC || NC || CA, SA || X || X

|| Universal (Romania) || NC || NC || CA, SA || X || X

|| Universal Channel (G || NC || NC || CA, SA || X || X

|| Universal Channel (T || NC || NC || CA, SA || X || NC

|| Universal Channel (U || NC || 0,3% || CA, SA || NC || X

|| Viasat 3 (Hungary) || NC || NC || CA, SA || X || X

|| Viasat 3D || NC || NC || CA, SA || X || V

|| Viasat 4 || NC || NC || CA, SA || X || X

|| Viasat 6 || NC || NC || CA, SA || X || X

|| Viasat Nature (CEE) || NO || NC || CA, SA || NO || NO

|| Virgin 1 || NC || NC || CA, SA || V || X

|| Watchme TV || NC || NC || CA, SA || X || NC

|| You & Me || NO || NC || CA, SA || NO || NO

|| Zone Fantasy || NC || NC || CA, SA || X || NC

|| Zone Horror (Netherl || NC || NO || CA, SA || X || X

|| Zone Reality || NC || NC || CA, SA || X || X

|| Zone Reality (EMEA 2 || NC || NC || CA, SA || X || X

|| Zone Reality (Poland || NC || NC || CA, SA || X || X

|| Zone Romantica || NC || NC || CA, SA || X || X

|| Zone Romantica (2) || NC || NC || CA, SA || X || X

[1] Directive 2010/13/EU of 10 March 2010 – OJ L 95 of 15.4.2010

[2]Total transmission time excludes the time reserved for news, sports events, games, advertising, teletext services and teleshopping.