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Summary

Ofcom is seeking views, particularly from television broadcasters, on the guidance that it proposes to issue in relation to their licence obligations to comply with Articles 4 and 5 of the Television without Frontiers (TWF) Directive^(-1-). These require, amongst other things, that, where practicable, European production should account for over 50% of the transmission hours of each broadcaster established in the UK , subject to certain exclusions. European independent productions must account for at least 10% of transmission hours; of these, an ‘adequate proportion’ must be works transmitted within five years of production.

Until the end of last year, compliance with the TWF Directive was monitored by the Department of Culture, Media and Sport (DCMS). In December last year, the Secretary of State notified Ofcom of the UK’s obligations under Articles 4 and 5 of the TWF Directive, triggering a requirement under section 335 of the Communications Act 2003 on Ofcom to make compliance a licence obligation of television broadcasters. In anticipation of this, Ofcom had consulted on proposals to amend licences, and relevant changes were made in licences issued at the end of the year.

Ofcom proposes to continue the approach taken by DCMS to assessing the obligations of broadcasters. For example, in assessing the extent to which compliance is or is not ‘practicable’ in terms of the TWF Directive, Ofcom expects to take account of the same factors advanced by DCMS in its periodic reports to the European Commission (e.g. the specialist nature of some channels). However, as the circumstances in which these factors are relevant will differ from broadcaster to broadcaster, and because there may be other relevant circumstances bearing on practicability, Ofcom does not consider that it would be prudent to fetter its discretion by being unduly prescriptive as to the range of factors or the circumstances that it would take into account. In framing the proposed guidance, Ofcom has also had regard to guidance issued by the European Commission^(-2-).

The text of the full document is available in PDF format via the link on the home page for this consultation on the Ofcom website.

Footnotes

1:- Council Directive 89/552/EC of 3 October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of 19 June 1997 .

2:- ‘Suggested Guidelines for the monitoring of the implementation of Articles 4 and 5 of the “Television without Frontiers” Directive’, 11 June 1999, European Commission.

The consultation is available in full via the link at the bottom of this page.

• European production quotas [pdf]
  Full print version

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