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

“Article 6

1

Within the meaning of this chapter, “European works” means the following:

(a)

works originating from Member States;

(b)

works originating from European third States party to the European Convention on Transfrontier Television of the Council of Europe and fulfilling the conditions of paragraph 2;

(c)

works originating from other European third countries and fulfilling the conditions of paragraph 3.

Application of the provisions of (b) and (c) shall be conditional on works originating from Member States not being the subject of discriminatory measures in the third countries concerned.

2

The works referred to in paragraph 1(a) and (b) are works mainly made with authors and workers residing in one or more States referred to in paragraph 1(a) and (b) 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.

3

The works referred to in paragraph 1(c) are works made exclusively or in co-production with producers established in one or more Member States by producers established in one or more European third countries with which the Community has concluded agreements relating to the audiovisual sector, if those works are mainly made with authors and workers residing in one or more European States.

4

Works that are not European works within the meaning of paragraph 1 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 works provided that the Community co-producers supply a majority share of the total cost of the production and that the production is not controlled by one or more producers established outside the territory of the Member States.”