{
  "url": "https://openlegislation.uk/broadcasting-original-productions-order-2004/article-5",
  "json_url": "https://openlegislation.uk/broadcasting-original-productions-order-2004/article-5.json",
  "legislation": "uksi/2004/1652",
  "legislation_title": "Broadcasting (Original Productions) Order 2004",
  "legislation_url": "https://openlegislation.uk/broadcasting-original-productions-order-2004",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Meaning of “European programmes”",
  "text": "(1) For the purposes of articles 3 and 4, “European programmes” are programmes which are European works.\n(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.\n(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—\n(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—\n(i) the contribution of that producer or those producers to the total production costs; and\n(ii) the degree of editorial control that producer has, or those producers have, exercised over the programme; or\n(b) the programme has been made mainly with authors and workers residing in one or more member States.\n(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.\n(5) In this article—\n“European producer” means a producer—\n(a)who is an individual who is a national of a qualifying State; or\n(b)which is a body corporate formed under the law of a qualifying State and having its registered or head office in a qualifying State and in the case of which the central management and control of the business is exercised in a qualifying State;\n“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\n(6) In paragraph (5) “qualifying State” means—\n(a) the United Kingdom;\n(b) any other CTT State, as defined by section 211B(3) of the Communications Act 2003; or\n(c) an EEA State that is not a CTT State, as so defined.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in art. 5(3) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 2 para. 1(2)(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in art. 5(4) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 2 para. 1(2)(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 5(5) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 2 para. 1(2)(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in art. 5(5) substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 6(2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 5(6) inserted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 2 para. 1(2)(c) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/1652/article/5",
    "retrieved_at": "2026-10-29T05:23:39.344171+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}