Citation and commencement

1. —(1) This Order may be cited as the Broadcasting (Original Productions) Order 2004.

(2) This Order comes into force on 1st July 2004.

Interpretation

2. In this Order, “ programme ” does not include an advertisement.

Meaning of “original productions” for licensed public service channels

3. In section 278 of the Communications Act 2003 (programming quotas for original productions), references, in relation to a licensed public service channel, to “ original productions ” are references to programmes of the following description, namely, programmes which—

(a) are commissioned by or for a licensed public service channel with a view to their first showing on television in the United Kingdom being either—

(i) on that channel, or

(ii) in the case of a Channel 3 service, on that service or on another Channel 3 service; and

(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—

(a) are commissioned by or for the Welsh Authority with a view to their first showing on television in the United Kingdom being on one of those services; and

(b) are European programmes.

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 European producer has, or European producers have, contributed to its total production costs and either—

(a) a European producer has, or European producers have, made what appears to OFCOM to be a significant contribution to the production of the programme, having regard in particular to—

(i) the contribution of that producer or those producers to the total production costs; and

(ii) the degree of editorial control that producer has, or those producers have, exercised over the programme; or

(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 European producer or the combined contribution of European producers (as the case may be) in relation to the total production costs of the part-qualifying work.

(5) In this article—

“ European producer ” means a producer—

“European work” means a European work within the meaning of paragraphs 1(n), 2, 3 and 4 of Article 1 of Directive 2010/13/ EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services

(6) In paragraph (5) “ qualifying State ” means—

(a) the United Kingdom;

(b) any other CTT State, as defined by section 211B(3) of the Communications Act 2003; or

(c) an EEA State that is not a CTT State, as so defined.

Article 5(5)

SCHEDULE Article 6(1) to (4) of Council Directive 89/552/EEC as amended by Directive 97/36/EC

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