Article 5 Meaning of “European programmes”

For the purposes of articles 3 and 4, “European programmes” are programmes which are European works.

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.

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—

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.

In this article—

• “Community producer” means a producer—

  1. (a)

     who is an individual who is a national of a member State; or

  2. (b)

     which is a body corporate formed under the law of a member State and having its registered or head office in a member State and in the case of which the central management and control of the business is exercised in a member State;

• “European work” means a European work within the meaning of paragraphs 1 to 4 of article 6 of Council Directive 89/552/EEC^f1 as amended by Directive 97/36/EC^f2, the text of which is set out in the Schedule.