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I want to report a can you mix tylenol and ibuprofen Throughout the modern era, politicians in New York City and many other places have seen elections as a competition among voting blocs determined by ethnic and racial identities: African-American, Latino which until the s in New York City was primarily Puerto Rican , Jewish, white which can be further broken down into the larger nationalities represented in New York, such as Italian, Irish, etc. Strategic alliances, endorsements, and policy choices could be used to deliver, somewhat reliably, these groups of voters to chosen candidates.

As nonwhites became a majority some time in the mids, and the pool of viable candidates more diverse, most nonwhite voters saw a path of empowerment through supporting one of their own: that is, given a choice, African-American voters would usually vote disproportionately for the African-American candidate, Latino voters for the Latino candidate, and so on. In recent decades, women and LGBT-identified voters also became important self-aware constituencies, although the LGBT vote is difficult to measure and its effects have been seen more on neighborhood races than citywide ones.

The National Gallery metabolic prime reviews Few politicians have fallen so far, so fast, after such a seemingly promising start. Spitzer, remember, was swept into office by a record plurality after promising to take firm control of a state government that seemed, among other things, to have lost all fiscal discipline.

During Republican Gov. I study here how fast does amoxicillin and clavulanate potassium work The success of the new switching scheme will not be reviewed until , to give it time to bed in. Regarding the period , 12 Member States registered an increase and 15 posted a decrease. The resulting net decrease over the four-year period However, the proportion of independent works broadcast at EU level remains well above the percentage set out in Article Despite a decrease over the reporting period and the period respectively 0.

Belgium 2. Belgium — Flemish Community. Of the total of 53 identified channels, one channel vtmKzoom was non-operational in During the reference period, 11 channels were exempted because of the nature of their programming sports and advertising. In no data was communicated for nine channels concerning European works and for seven channels concerning European independent productions.

In , 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 and for nine channels in All reported channels broadcast an average of In , 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 For , out of 34 reported channels, ten channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was The national report indicates that VT4 makes efforts to broadcast European and independent productions. 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. The average proportion of European works by independent producers on all reported channels was For , out of 34 reported channels, only two channels Canvas and Jim TV did not achieve the minimum proportion under Article 17 of the Directive.

The average relative proportion of recent European works by independent producers for all channels reported was The evolution of the averages achieved over the period for European works, independent productions and recent works is reproduced in the chart below:. 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.

In , 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 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 The competent authority has taken note of these efforts and improvement.

For , all 14 reported channels achieved the minimum proportion under Article 17 of the Directive. BeTV — Service Be sport 1 did not achieve the quota of independent works. The channel also stressed the difficulty for independent producers to access sports rights. 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 minutes per month, half of the transmission time being devoted to news. Seven channels were exempted in and seven in In no data was communicated for four channels concerning European works and for 11 channels concerning independent productions. In , 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 and for 13 channels in In , 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 For , out of 41 reported channels, 13 channels did not achieve the majority proportion specified in Article 16 of the Directive.

For , out of 30 reported channels, 10 channels did not achieve the minimum proportion under Article 17 of the Directive. The compliance rate, in terms of number of channels, was 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.

Of the total of 77 identified channels, 14 channels were non-operational in , while three channels in Over the reference period, 7 channels were exempt due to the nature of their programmes news, sports, teleshopping. In , 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 For , out of 66 reported channels, 31 channels did not achieve the majority proportion specified in Article 16 of the Directive. For , out of 53 reported channels, 7 channels did not achieve the minimum proportion under Article 17 of the Directive. The compliance rates were Of the total of identified channels, one channel 6'eren was not operational in A total of channels were exempt over the reference period: 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.

In , 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 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 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.

For , out of 20 reported channels, nine channels did not achieve the minimum proportion under Article 17 of the Directive. As from 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 notes however that taken all together, the DR channels meet the requirements. Of the total of identified channels, 92 channels were exempt or excluded in and 93 in During the reference period, 52 of them were exempt from the obligation to report on the basis of their very low audience below 0. 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 , no data at all was communicated for channel Nickelodeon. In , 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 For , out of 36 reported channels, 10 channels did not achieve the majority proportion specified in Article 16 of the Directive.

The national report explains that the decrease in European works broadcast by some channels of the ProSieben Sat. 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.

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 and for the same channel no data was communicated in concerning recent European works by independent producers. In , all seven reported channels achieved the majority proportion of transmission time specified in Article 16 of the Directive.

The compliance rate[19] was For , out of eight reported channels, only one channel TV6 Estonia did not achieved the majority proportion specified in Article 16 of the Directive. 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 the Regulatory Body issued a precept for breaching the obligation set out in the Media Services Act and is currently monitoring its application. In , all seven reported channels, in , all eight reported channels achieved the minimum proportion under Article 17 of the Directive. The average relative proportion of recent European works by independent producers for all seven channels reported was Of the total of 11 identified channels, six sports channels were exempt during the reference period.

The channel was not able to fulfil the majority proportion of European works for the rest of the programming. These programmes are supplied from within the EU area but are ineligible in the calculation of the proportion of European works. In , data was missing for eight channels concerning European works and independent productions and for nine regarding recent works.

In , data was communicated for two channels concerning European works and independent productions and for four channels regarding recent works. In , 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 For , out of 85 reported channels, 20 channels did not achieve the majority proportion specified in Article 16 of the Directive. 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.

These results also represent an increase compared to the previous reference period 7. The Commission welcomes this positive development. In , out of 79 reported channels, 28 channels did not achieve the minimum proportion under Article 17 of the Directive. Here again, the results achieved during the reference period represent a significant increase compared with the previous one Of the total of identified channels, one channel Nitro was non-operational in In , no data was communicated at all for one channel 8TV and for two channels Canal Sur, Canal Sur 2 regarding recent European works.

The compliance rate[22] was 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.

In that respect the Commission would like to reiterate that the obligation to broadcast a majority of European works applies to all channels. 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 Out of the total of 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.

One channel Orange Sport was exempt in only. In , 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 , 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.

In , all 96 reported channels achieved the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[23] was 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 For certain broadcasters, the obligation is even stricter since they may only declare investments in certain types of productions. 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. Out of the identified channels, during the reference period channels were exempt from the obligation to report on the basis of their very low audience below 0.

In , 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 For , out of 58 reported channels, 41 achieved the majority proportion specified in Article 16 of the Directive, while 17 channels did not. 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 It also notes that all channels communicated their data during the reference period.

For , out of 61 reported channels, four Alice, Leonardo, Marco Polo and Nuvolari did not achieve the minimum proportion under Article 17 of the Directive. These figures represent a drastic drop compared to the previous reference period The Commission therefore invites the Italian authorities to encourage the channels falling under their jurisdiction to increase their transmission time of independent recent works.

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 further to the modification of the legislation in Cyprus. The eight reported channels broadcast an average of This represents a 0.

Over the reference period 2 out of 17 channels did not reach the proportion required by Article 16 of the Directive. 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 figure reported for represents a 7. The average proportion of recent European works by independent producers was The result achieved in 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 for European works, independent productions and recent works is reproduced in the chart below:. Of the total of 32 identified channels, 26 channels were exempt during the reference period. The seven reported channels broadcast an average of The compliance rate[27] was 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. Nonetheless the channel is currently increasing the proportion of European works in its programming. All 11 reported channels broadcast an average of In and , 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 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.

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 and No data was communicated for one channel Current TV for the reference period. The compliance rate[29] was For , out of 12 reported channels, only one channel RTL 8 did not achieve the majority proportion.

The channel which is relatively recent has confirmed its intention to pursue its efforts towards increasing the proportion of European works in its programming. The channel expressed its intention to strengthen the share of European works in its programming. The average proportion of European works by independent producers in all reported channels was For and all 12 reported channels achieved the minimum proportion set out in Article 17 of the Directive.

Of the total of 39 identified channels, two channels were non-operational in 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 , two for and and five for and four channels were exempt because of the nature of their broadcastings sports and news. No data was communicated for four channels in and for one channel in In , 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 For , 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 report indicates that the Hungarian media authority until 5th September "ORTT" after this date "NMHH" granted partial exemptions to 8 channels in and 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. For , out of 23 reported channels, only one channel Viasat3 Hungary did not achieve the minimum proportion set out in Article 17 of the Directive.

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. The nine reported channels broadcast an average of The Commission welcomes this very positive development. In , 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 For , all nine reported channels achieved the majority proportion specified in Article 16, thus the compliance rate was For , out of nine reported channels, only one channel Education 22 did not achieve the minimum proportion under Article 17 of the Directive. Of the total of identified channels, one channel Disney Channel was non-operational in The compliance rate[32] was 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 , MTV channels communicated all their data for the reference period.

The Commission notes a steady downward trend in the broadcast of independent work from The national authority will ask the channels to provide explanations. 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.

In , 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 For , 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 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 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.

For , out of 12 reported channels, ten achieved the minimum proportion under Article 17 of the Directive, while two channels Pro Sieben Austria and SAT. 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. Over the reference period, 14 channels were exempt due to the nature of their programmes news, sports and teleshopping. In , no data was communicated for one channel TELE 5. In , 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 For , out of 58 reported channels, 6 channels did not achieve the majority proportion specified in Article 16 of the Directive.

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 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. For , out of 54 reported channels, only one channel Trwam did not achieve the minimum proportion under Article 17 of the Directive. The broadcaster complied with the required proportion during the other quarters of the year. Of the total of 39 identified channels, two channels Canal Panda and Hollywood were non-operational in During the reference period, 15 channels were exempted from their reporting obligation on the basis of their very low audience share below 0.

In , 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 national report highlights the fact that Canal Panda and Hollywood channels started broadcasting in November , which may explain the very low figures achieved in The Commission recommends that the Portuguese Regulatory Authority actively encourage these channels to increase the transmission of European works.

For , all 11 reported channels achieved the minimum proportion set out in Article 17 of the Directive. Of the total of 82 identified channels, two channels Transilvania Channel and eMaramures were non-operational in and another two TvRM Cultural and Pratech TV were non operational in In , no data was communicated for 16 channels concerning European works and for 18 channels regarding independent productions including recent works.

In , no data was communicated for 18 channels concerning European works and for 20 channels regarding independent productions including recent works. The compliance rate[37] was 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.

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. In and , 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 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 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.

In , 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 and for 24 channels in The compliance rate[39] was The national report does not provide any explanation for the failure to comply with the proportions set out in Articles 16 and 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.

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.

Of the total of 18 identified channels, two sports channels 4Pro1 and 4Pro2 were exempt. Suomi TV was launched in December The compliance rate[40] was The report does not provide any reason for the failure to fulfil the proportion of European works set out in Article 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. For , out of 15 reported channels, only one KinoTV did not achieve the minimum proportion under Article 17 of the Directive.

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.

In , 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 For , out of 43 reported channels, 26 achieved the majority proportion specified in Article 16 of the Directive, while 17 channels did not. 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. 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.

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. For , out of 44 reported channels, 42 achieved the minimum proportion under Article 17 of the Directive, while two channels Star! In , out of 43 reported channels, two channels Showtime and Star! Of the total of identified channels, during the reference period, channels were non-operational in and 65 in 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 only and two in only. In , 22 channels did not communicate any data at all and one did not communicate its data regarding recent works. In , 55 channels did not communicate any data at all. In out of reported channels did not achieve the proportion of European works set out in Article The compliance rate[42] was In out of reported channels, did not reach the majority proportion of European works. 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. 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. In , out of reported channels, did not reach the proportion of independent works set out in Article The average relative proportion of recent European works by independent producers for all reported channels was 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. TQT Total qualifying transmission time excluding news, sport events, games, advertising, teletext services and teleshopping. EX Channels exceptionally exempt or exempt under the 'where practicable' provision following specific reasons given by the Member States.

This part contains statements by the Member States which do not necessarily represent the Commission's opinion. Some information concerning the Public Service Broadcaster falling under the jurisdiction of the German Community of Belgium was also provided. TV 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 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. The broadcasting channel VijfTV did not achieve the required proportion either. Mainly bought-in programmes were broadcast. 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. Here the only comment to be made concerns the public broadcaster VRT for and , and more specifically Canvas. 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 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. 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.

Its economic model also relies on giving priority to the use of this catalogue'. 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'. In this way, we hope to demonstrate our willingness to meet the quotas. The service reiterated an argument similar to that of It drew the Board's attention to progress made in in comparison to the previous year: 'please note that the proportion of European works has increased significantly in comparison to the previous year The station declared that the examined sample was 'particularly unfavourable' and claimed to have met the majority quota obligation over the whole of , putting forward a figure of However, once the new schedule was put in place in September , special attention was given to the choice of programmes to be transmitted in order to come closer to reaching this quota.

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 ', but it will notify the Board accordingly 'as soon as possible'. 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.

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. The obligation was almost met in , since 9. Finally, the CSA has, in the past, assessed this quota as an average over the totality of a station's broadcasting services.

For , the BTV quota then reaches 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. 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 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. 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.

The Board judged that quotas were met over the totality of the station's services, which reached a level of The Board has noted the station's statements according to which the proportion of independent European works has increased since September , 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.

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 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 , pending:. In its final decision on 20 October , the Board noted the station's continued and lasting efforts, achieving an average of The fine was therefore not imposed.

The average proportion of recent independent European works broadcast over the two BTV services was The Board noted that overall the service had complied with the obligation. The Board noted that quotas were met over the totality of BeTV's services, reaching a level of For the period , 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. 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.

Televize Barrandov Spektrum CS film CS mini Chello Central Europe s. Minimax TV Paprika Disney Channels Benelux B. Disny Channels Benelux B. Cinemax Cinemax2 HBO HBO 2 PL HBO Comedy Poland HBO HU HBO PL HBO RO HBO2 The responses have been added to the reporting. TV 2 Film saw a rise from to , when European works accounted for 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.

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 hour broadcasting from , 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.

In this regard the Board attaches great importance to the fact that, taken together, all the DR channels satisfy the requirements. Their share is calculated in the slots on TV 2's terrestrial channel. These channels mainly broadcast locally produced news and magazine programmes.

KG RTL 2 KG VOX 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. While individual channels in the ProSiebenSat.

The decrease in the share of European works in was due to changes in programming structures to adapt to economic conditions. 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. Regarding N24, data was only available until the channel was sold on 30 June ; as a result the quotas was only calculated for programming during the first half of Sixx was launched only on 7 Mai Regarding the details for ZDF-Dokukanal it must be pointed out that this channel's programming scheme was changed as of 1 November , and that it was renamed ZDFneo.

However, the details provided are for the entire reporting period. As shown by the comparison with , the programme reform did not lead to major changes as regards the relevant data. Afterwards analysed and evaluated by the Media Department of the Ministry of Culture, the Estonian supervisory body. All channels, except TV6 in the year , reached the majority proportion of European works.

There were also some changes in the management of the channel. By now the situation has improved. Ministry of Culture as a regulatory authority has issued a precept on 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.

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. News is also a significant contributor.

These hours are supplied in total from within the EU area and are ineligible in the calculation of geographical spread of content. TG4: With existing budgetary constraints TG4 does not envisage any major change in content source. Subject to increased funding, TG4 would hope to produce more of this genre in Ireland in the future. Data is collected from national and regional channels by the competent Ministry on the basis of a survey.

LUXOR SPORTS BETTING

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 It appears in particular that there is no uniform view concerning the consideration of 'qualifying' content for monitoring the implementation of Article 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 In that respect, some questions have been raised as to the way this percentage should be calculated[7]. In regard to Member States that had transposed the Directive i. 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.

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. 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 on the promotion of European works[21] and were subject to practicability tests. Compliance is reached when the percentage achieved by an on-demand service matches the proportion set out in the national legislation.

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. 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. 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.

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. It indicates whether or not the service provides recommendation tools about European works. It indicates whether or not the service includes sections dedicated to European works.

It is obtained by determining the percentage of programme trailers presented to the public which promote European works. It is obtained by determining the percentage of published promotions concerning European works, either on own user interface or other media. This indicator shows whether or not a service complies with the obligations set out in the national legislation transposing Article Section 2 contains statements by the Member States which do not necessarily represent the Commission's opinion.

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. Geo-restrictions were reported. 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.

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. 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.

The two VOD services reported a financial contribution of respectively 1. This includes works from the French Community Article 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.

Percentages refer to the proportion of European films among the 50 most watched films for each of the on-demand services. 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. In 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. The reported consumption of European works was somewhat lower 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.

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 to 31 December Out of the 13 on-demand services registered at the end of , nine were not yet operational. This type of information is being collected for the first time for the European Commission.

The majority of the services were accessible free-of-charge 24 while five were pay services. All services complied with the legal obligation set out in the legislation. 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.

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 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.

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.

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.

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.

All are Video-on-demand services accessible free-of-charge. The proportion of European works offered on the 26 on-demand services varied from For one service data was not communicated. Compliance rate was Details are contained in the table below. 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. The high percentage of European services is to a large extent explained by the fact that most suppliers give high priority to Danish content. Estonian new Media services act came into force in January , providing the first reporting obligation for non-linear services promotion of European Works for 15th of February So far one non-linear service registered in summer after the enactment of the media act.

There were no registered service providers non-linear services in and in Estonia, and the Estonian Media Services Act does not have any retroactive effect. Three on-demand services were reported in All of them were catch-up TV services accessible free-of-charge. The share or European works varied from No other promotion measure was reported. Five on-demand services were reported in and eight in A majority 4 out of 5 in and 6 out 8 in were catch-up TV services.

Most of them were accessible free-of- charge. 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 reported consumption of European works was slightly lower than the share of European works offered to the users in 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. 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 and The on-demand services available in Greece during the reference period were mostly catch-up TV services.

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 , however the production of the programmes was budgeted for the purposes of television broadcasting and not for the non-linear service.

Their financial support to European productions was based on both programming budget and turnover. Due to the technical limitations, the number of films available for transmission is low. Taking the above into account, the average proportion of European works offered and promoted through the on-demand service is One on-demand service was reported in and three were reported in All of them were pay services.

Geo-restrictions were reported for two services. Data provided for shows a consumption of European works lower than the share of European works offered to the users 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.

The Decree concerning on-demand audiovisual media services entered into force on 1 January Therefore no obligation was imposed on on-demand services during the reference period 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 of 12 November concerning on-demand audiovisual media services, which entered into force on 1 January , 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 ; they will relate to the reporting year. The CSA informed that spot checks of the share and prominence of European works in catalogues would be carried out.

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. 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. Non linear audiovisual services are subject to a general authorization according to article 22 bis of the decree. This provision came into force in , according to Agcom decision n. During the years and , no media service provider providing on-demand audiovisual services was under the jurisdiction of CRTA. 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. No information can be provided regarding the application of Article 13 in Lithuania during the reference period. Therefore no information is available for the previous years.

No concrete obligations were reported during the reference period because the Directive was not transposed in Luxembourg until December No on-demand services were reported in Five services were reported in 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. The Directive was not transposed into national law until December 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.

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. Measures have been taken to promote in future the broadcasting of European works using a tab enabling direct access to these works. No concrete obligations were reported since the legislation transposing the Directive entered into force on 1 January The European Commission is requesting data on on-demand media services in respect of European works for the period between 1 January and 31 December 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 Consequently, the Media Council does not have any information on these services for the reporting period from 1 January to 31 December Article 41 of the Media Act sets out a registration obligation for on-demand media services Article 41 1 of the Media Act 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. 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 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 Of the 23 services declared on 16 December , 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.

Some statistical data were reported in the comments provided by the Dutch Authority. As you are aware, the implementation of the Audiovisual Media Services Directive hereinafter the 'AVMS Directive' in the Mediawet ' Media Law' was completed with the entry into force of the implementing law on 19 December Over the course of 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 , the reference date, a total of 23 assumed on-demand media services were declared. In 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 policy rules on the classification of on-demand commercial media services entered into force on 1 November 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 , it is likely that only a few services may be regarded as on-demand media services. Article 13 may therefore not be said to apply to the majority of services declared on 16 December 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:.

Following an initial analysis the CvdM found that the first two of the above services show only European works. 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. Table 1. 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'.

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. Prominence obligations adequate presentation and identification of the works offered are imposed on private on-demand service providers.

One on-demand service was reported in the catch-up service of the Public Service Broadcaster which was accessible free-of-charge. No other measures were reported since the Austrian legislation applying to commercial on-demand services only entered into force in October and the most on-demand services launched a professional offer only as of see comments below.

The catch-up service of the ORF started on the 16th of November 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, All subsequently received data refer to the beginning of the year As far as some of them already started in 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. Given the number of identified non-linear services, a comprehensive report can be expected for the following reporting period — During the reporting period, i. Four on-demand services were reported in and five in Half of them were Video-on-demand services and half, mixed services catch-up and VOD.

In , the share of European works in catalogues varied from 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. There was an increasing number of European works included in the operator's catalogue: Even though this operator already offered on-demand audiovisual services in , it did not communicate specific information on its catalogue for that year.

In any case, the works that were available in are still included in the catalogue. There was a slight increase in the number of European works in the operator's catalogue: The percentages were calculated from the sub-group of audiovisual works available in the catalogue, i. This was done because the operator had included audiovisual works whose origin is not known. In the operator included twice as many works in its catalogue than it did in , and offered an increasing number of European works.

Three services were reported in All of them were public funded catch-up services accessible free-of-charge. The report indicated a share of European works ranging from Some prominence tools were also reported, such as homepage, identified origin, trailers and promotions. See tables below. Romania has harmonized its legislation, and adopted general obligations to promote European works on non-linear services. Within the Romanian audiovisual market there is only one full-service video-on-demand provider www.

Voyo,ro that was notified to CNA, since 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. Only one Video-on-demand service was reported in Most of the services listed in were accessible free-of-charge see tables below. In a few cases prominence tools were also used, in particular homepage and identified origin. See table below. 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 , 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 , what has been done in order to promote European works.

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

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:. 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.

Most of them were accessible free-of-charge four out of five. Three of them reported geo-restrictions. Most of the content offered is of European origin since on-demand services in Finland are mainly built on domestic productions see comments below. 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:. 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.

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;. Providers of on-demand audiovisual media services build their services mainly around domestic productions. All of them were accessible free-of-charge. No other measures for the promotion of European works were reported. No information was provided on the type of services and access.

No other measures were reported see table below. The average consumption of European works reported in was somewhat higher than the share of European works offered in the catalogues Adult Channel and other adult services on various platforms In some cases only a list of on-demand services was provided with no data on the application of Article However, information relating to some services was provided by the Dutch Authority. See section 2 of this document.

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

In , 1, channels were covered[1] by Article 16 and 1 by Article 17 of the Directive. In , 1, channels were covered by Article 16 and 1 by Article 17[2]. Compared to the figures reported in the previous period the number of covered channels fell respectively by 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. 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 These Guidelines will be subject to a review after their first complete application, scheduled for [5].

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 In Slovenia the monitoring system was improved and data submitted by a number of broadcasters was checked against the database of an independent company. 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.

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. 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. 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.

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. 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. 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.

Here again the legal situation still differs from one Member State to another. 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 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.

As far as Article 16 is concerned, the proportion of European works was The overall result is a 0. 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 the average proportion of European works broadcast rose by 1. 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 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.

Regarding the period , 12 Member States registered an increase and 15 posted a decrease. The resulting net decrease over the four-year period However, the proportion of independent works broadcast at EU level remains well above the percentage set out in Article Despite a decrease over the reporting period and the period respectively 0.

Belgium 2. Belgium — Flemish Community. Of the total of 53 identified channels, one channel vtmKzoom was non-operational in During the reference period, 11 channels were exempted because of the nature of their programming sports and advertising. In no data was communicated for nine channels concerning European works and for seven channels concerning European independent productions.

In , 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 and for nine channels in All reported channels broadcast an average of In , 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 For , out of 34 reported channels, ten channels did not achieve the majority proportion specified in Article 16 of the Directive. The compliance rate was The national report indicates that VT4 makes efforts to broadcast European and independent productions. 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.

The average proportion of European works by independent producers on all reported channels was For , out of 34 reported channels, only two channels Canvas and Jim TV did not achieve the minimum proportion under Article 17 of the Directive. The average relative proportion of recent European works by independent producers for all channels reported was The evolution of the averages achieved over the period for European works, independent productions and recent works is reproduced in the chart below:.

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. In , 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 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 The competent authority has taken note of these efforts and improvement. For , all 14 reported channels achieved the minimum proportion under Article 17 of the Directive.

BeTV — Service Be sport 1 did not achieve the quota of independent works. The channel also stressed the difficulty for independent producers to access sports rights. 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 minutes per month, half of the transmission time being devoted to news. Seven channels were exempted in and seven in In no data was communicated for four channels concerning European works and for 11 channels concerning independent productions.

In , 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 and for 13 channels in In , 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 For , out of 41 reported channels, 13 channels did not achieve the majority proportion specified in Article 16 of the Directive.

For , out of 30 reported channels, 10 channels did not achieve the minimum proportion under Article 17 of the Directive. The compliance rate, in terms of number of channels, was 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.

Of the total of 77 identified channels, 14 channels were non-operational in , while three channels in Over the reference period, 7 channels were exempt due to the nature of their programmes news, sports, teleshopping. In , 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 For , out of 66 reported channels, 31 channels did not achieve the majority proportion specified in Article 16 of the Directive. For , out of 53 reported channels, 7 channels did not achieve the minimum proportion under Article 17 of the Directive. The compliance rates were Of the total of identified channels, one channel 6'eren was not operational in A total of channels were exempt over the reference period: 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.

In , 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 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 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. For , out of 20 reported channels, nine channels did not achieve the minimum proportion under Article 17 of the Directive.

As from 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 notes however that taken all together, the DR channels meet the requirements.

Of the total of identified channels, 92 channels were exempt or excluded in and 93 in During the reference period, 52 of them were exempt from the obligation to report on the basis of their very low audience below 0. 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 , no data at all was communicated for channel Nickelodeon. In , 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 For , out of 36 reported channels, 10 channels did not achieve the majority proportion specified in Article 16 of the Directive.

The national report explains that the decrease in European works broadcast by some channels of the ProSieben Sat. 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. 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 and for the same channel no data was communicated in concerning recent European works by independent producers. In , all seven reported channels achieved the majority proportion of transmission time specified in Article 16 of the Directive. The compliance rate[19] was For , out of eight reported channels, only one channel TV6 Estonia did not achieved the majority proportion specified in Article 16 of the Directive.

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 the Regulatory Body issued a precept for breaching the obligation set out in the Media Services Act and is currently monitoring its application.

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