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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> Broadcasting (Original Productions) Order 2004 No. 1652 URL: http://www.bailii.org/uk/legis/num_reg/2004/20041652.html |
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| Made | 28th June 2004 | ||
| Coming into force | 1st July 2004 |
(b) are European programmes.
Meaning of "original productions" for designated public services of the Welsh Authority
4.
In paragraph 8 of Schedule 12 to the Communications Act 2003 (programming quotas for original productions), references, in relation to the designated public services of the Welsh Authority, to "original productions" are references to programmes of the following description, namely, programmes which -
Meaning of "European programmes"
5.
- (1) For the purposes of articles 3 and 4, "European programmes" are programmes which are European works.
(2) To the extent specified in paragraph (4), programmes which are not European works may also be treated as "European programmes" by OFCOM for the purposes of articles 3 and 4, provided they are part-qualifying works.
(3) A part-qualifying work is a programme of the following description, namely a programme in the case of which a Community producer has, or Community producers have, contributed to its total production costs and either -
(b) the programme has been made mainly with authors and workers residing in one or more member States.
(4) The proportion of a part-qualifying work which can be treated as a European programme by OFCOM shall be calculated by reference to the duration of the work, being the same proportion as the proportion of the contribution of a Community producer or the combined contribution of Community producers (as the case may be) in relation to the total production costs of the part-qualifying work.
(5) In this article -
Andrew McIntosh
Parliamentary Under Secretary of State Department for Culture, Media and Sport
28th June 2004
Application of the provisions of (b) and (c) shall be conditional on works originating from Member States not being the subject of discriminatory measures in the third countries concerned.
2.
The works referred to in paragraph 1(a) and (b) are works mainly made with authors and workers residing in one or more States referred to in paragraph 1(a) and (b) provided that they comply with one of the following three conditions:
3.
The works referred to in paragraph 1(c) are works made exclusively or in co-production with producers established in one or more Member States by producers established in one or more European third countries with which the Community has concluded agreements relating to the audiovisual sector, if those works are mainly made with authors and workers residing in one or more European States.
4.
Works that are not European works within the meaning of paragraph 1 but that are produced within the framework of bilateral co-production treaties concluded between Member States and third countries shall be deemed to be European works provided that the Community co-producers supply a majority share of the total cost of the production and that the production is not controlled by one or more producers established outside the territory of the Member States."
[2] Schedule 12 to the Communications Act 2003 has effect by virtue of section 338 of that Act.back
[3] Such consultation is required by section 278(8) of the Communications Act 2003 in relation to the powers conferred by section 278(6) and (7); and paragraph 8(8) of Schedule 12 to that Act in relation to the powers conferred by paragraph 8(6) and (7) of that Schedule.back
[4] O.J. No. L298 p. 23, 17.10.89.back
[5] O.J. No. L202 p. 60, 30.7.97.back
