EUROPEAN BROADCASTING COOPERATION REGULATIONS

EUROPEAN BROADCASTING COOPERATION

SUBSIDIARY LEGISLATION 350.04

EUROPEAN BROADCASTING

COOPERATION REGULATIONS

15th December, 2000;

1st May, 2004

LEGAL NOTICE 158 of 2000, as amended by Legal Notices 258 of 2000,

323 of 2010 and 485 of 2020.

The title of these regulations is the European Broadcasting

Cooperation Regulations.

(1)

For the purposes of these regulations -

"the Act" means the Broadcasting Act;

"broadcaster" means a broadcaster of a television broadcasting

service;

"producers who are independent of broadcasters" means any

person who -

(a) is not an employee (whether or not on temporary leave

of absence) of a broadcaster;

(b) does not have a shareholding greater than 15% in a

broadcaster

Provided that a company shall not be considered

as an independent producer if a broadcaster has a

shareholding greater than 15% in such company.

(2) Expressions used in these regulations shall have the same

meaning assigned to them in the Act.

All audiovisual media services transmitted by media

service providers in Malta shall comply with the rules of the system

of law applicable to audiovisual media services intended for the

public in Malta as contained in the Broadcasting Act and in

subsidiary legislation made thereunder.

(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,

EUROPEAN BROADCASTING COOPERATION

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)

EUROPEAN BROADCASTING COOPERATION

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.

(1) Broadcasters shall not broadcast on an exclusive basis

events which are regarded by the Authority as being of major

importance for society in such a way as to deprive a substantial

proportion of the public of the possibility of following such events

via live coverage or deferred coverage on free television. The

Authority shall draw up a list of designated events, national or non-

national, which it considers to be of major importance for society

and it shall do so in a clear and transparent manner in due time. In

so doing the Authority shall also determine whether such events

should be available via whole or partial live coverage or, where

necessary or appropriate for objective reasons in the public interest,

whole or partial deferred coverage.

(2) It shall not be lawful for broadcasters to exercise the

exclusive rights purchased from the 19th of December 2007

onwards in such a way that a substantial proportion of the public in

another Member State is deprived of the possibility of following

events which are designated by that other Member State in

accordance with provisions in their legislation transposing

paragraph 3 of Article 3j of the Directive by whole or partial live

coverage or, where necessary or appropriate for objective reasons

in the public interest, whole or partial deferred coverage on free

television as determined by that other Member State in accordance

with legislation transposing the said provision of the Directive.

Without prejudice to the provisions of article 16(4) of the

Act, or to the conditions of any broadcasting licence, any violation

of the provisions of regulations 5 and 6 shall constitute an

administrative offence and shall be cognizable by the Broadcasting

Authority in terms of article 41 of the Act.