S.L. 350.4 Art. 4Broadcasting of European networks.

(1) A broadcaster shall reserve for European works within the meaning of subregulations (1) to (7), a majority proportion of its transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and teleshopping. This proportion, having regard to the broadcaster’s informational, educational, cultural and entertainment responsibilities to its viewing public, shall be achieved progressively, on the basis of suitable criteria.

(2) Broadcasters shall -

(a) either reserve at least 10% of their transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and teleshopping; or

(b) reserve at least 10% of their programming budget, for European works created by producers who are independent of broadcasters. This proportion shall be achieved progressively having regard to the broadcasters’ informational, educational, cultural and entertainment responsibilities to the viewing public. Such proportion shall be achieved on the basis of suitable criteria and by earmarking an adequate proportion for works transmitted within five years of their production.

(3) For the purposes of this regulation, "European works" means:

(a) works originating in Member States of the European Union, hereinafter referred to as "Member States";

(b) works originating in European third States party to the European Convention on Transfrontier Television of the Council of Europe and fulfilling the conditions in sub-regulation (4);

(c) works co-produced within the framework of agreements related to the audiovisual sector concluded between the Community and third countries and fulfilling the conditions defined in each of those agreements; Provided that the application of the provisions of paragraphs (b) and (c) shall be conditional on works originating in Member States not being the subject of discriminatory measures in the third country concerned.

(4) The works referred to in sub-regulation (3)(a) and (b) are works mainly made with authors and workers residing in one or more of the States referred to in the said paragraphs, provided that they comply with one of the following three conditions:

(a) they are made by one or more producers established in one or more of those States; or

(b) production of the works is supervised and actually controlled by one or more producers established in one or more of those States, or

(c) the contribution of co-producers of those States to the total co-production costs is preponderant and the co-production is not controlled by one or more producers established outside those States.

(5) Works that are not European works within the meaning of sub-regulation (3) 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 rorks provided that the co-producers from the Community supply a majority share of the total cost of production and that the production is not controlled by one or more producers established outside the territory of the Member States.

(6) A broadcaster shall draw up and send to the Broadcasting Authority an annual report which shall include:

(a) a statistical statement on the achievement of the proportions referred to in subregulations (1) and (2) also showing separately the proportion of programmes originally produced in the Maltese language in respect of the television programme services broadcast by the said broadcaster;

(b) the reasons for failure to attain any of the said proportions in cases where the broadcaster has not attained this aim;

(c) the measures adopted or envisaged in order to achieve the said proportions.