World Trade Organization



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Part

No

Full

Part

No

1) Cross-border Supply

4

10

5

4

9

6




21%

53%

26%

21%

47%

32%

2) Consumption Abroad

5

12

2

5

10

4




26%

63%

11%

26%

53%

21%

3) Commercial Presence

3

15

1

5

14

0




16%

79%

5%

26%

74%

0%

4) Presence of Natural

Persons


0

17

2

1

14

4




0%

89%

11%

5%

74%

21%


Table 11: Percentage by Sector and Mode of Supply - Audiovisual Services (Percentages in each activity)

I. Market Access

Cross-border

Consumption abroad

Commercial presence

Natural persons




Full

Partial

No

Full

Partial

No

Full

Partial

No

Full

Partial

No

Motion Picture and Video Tape Production and Distribution

29

47

24

29

59

12

18

65

18

0

88

12

Motion Picture Projection Service

40

30

30

60

30

10

30

60

10

0

90

10

Radio and Television Services

43

29

29

43

43

14

14

71

14

0

86

14

Radio and Television Transmission Services

25

50

25

38

50

13

0

75

25

0

75

25

Sound Recording

29

57

14

43

57

0

29

57

14

0

71

29

Other

0

67

33

17

83

0

0

83

17

0

67

33

II. National Treatment

Cross-border

Consumption abroad

Commercial presence

Natural persons




Full

Partial

No

Full

Partial

No

Full

Partial

No

Full

Partial

No

Motion Picture and Video Tape Production and Distribution

29

35

35

29

47

24

29

59

12

6

71

24

Motion Picture Projection Service

50

20

30

60

20

20

70

30

0

10

70

20

Radio and Television Services

71

14

14

57

29

14

57

43

0

14

71

14

Radio and Television Transmission Services

50

38

13

50

38

13

25

63

13

13

63

25

Sound Recording

57

29

14

57

29

14

57

43

0

14

43

43

Other

33

33

33

33

50

17

33

67

0

17

50

33

Note: Percentages may not add up to 100 due to rounding .

Basis of total is listed sectors.



__________

1Major sections of this Note rely upon the following documentation: OECD, Content as a New Growth Industry, DSTI/ICCP/IE(96)6/FINAL, 22 May 1998; OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1 (and CORR1), 4 August 1997 (and 14 October 1997); European Commission, Panorama of EU Industry 1997; European Audiovisual Observatory, Statistical Yearbook 1997, Strasbourg; and the Europa server (http://europa.eu.int).


2In the publication Panorama of EU Industry 1997 of the European Commission, for example, audiovisual services are defined as comprising five main sub‑sectors: motion picture and video production; motion picture and video distribution; motion picture projection; television activities; and studios for sound recording. Multimedia products and services are included under a separate category.


3The 1997 version of the OECD publication Services: Statistics on Value Added and Employment, for example, provides information only for Canada and the United States in respect to the Radio and television broadcasting category, and for only Canada, the United States and Iceland in respect to the Motion pictures category.


4Internet site of the Japan Information Network (http://jin.jcic.or.jp/stat/data/07IND86.html).


5United Nations, Statistical Yearbook, Forty-First Issue, New York.


6Internet site of the National Film Development Corporation, Ltd. (http://www.nfdcindia.com).


7United States International Trade Commission, General Agreement on Trade in Services: Examination of the Schedules of Commitments Submitted by Asia/Pacific Trading Partners, 1997, p. 6-12.


8An example of developing-country information at the national level is the Internet site of Cinema Brasil (http://www.cinemabrasil.org.br). A regional cinema index can be found at the Yahoo Internet site (http://www.yahoo.com/Entertainment/Movies_and_Film/Regional/Countries).


9Karl F. Falkenberg, "The Audiovisual Sector", as found in Jacques H.J. Bourgeois, Frédérique Berrod and Eric Gippini Fournier, editors, The Uruguay Round Results, Brussels, 1995.


10Five companies account for approximately 70 per cent of the market for music sales: BMG (Germany), PolyGram (Netherlands), Sony (Japan), Time Warner (US), and EMI (U.K.).


11According to the European Commission, "US producers have been much more efficient in cashing in on Europe's broadcasting growth because their own very large domestic market gives them enormous price advantages" (Europa server, "Audiovisual Policy", (http://europa.eu.int/pol/av/en/info.htm)).


12At the time, Sony (Japan) owned Columbia Pictures and TriStar, Seagram (Canada) owned MCA, and Credit Lyonnais (France) controlled MGM (United States International Trade Commission, General Agreement on Trade in Services: Examination of the Schedules of Commitments Submitted by Asia/Pacific Trading Partners, 1997, pp. 6-1 and 6-3).


13OECD, Content as a New Growth Industry, DSTI/ICCP/IE(96)6/FINAL, 22 May 1998, p. 6.


14In the view of the OECD, "The correct response to this dilemma is really neither a complete yes or no to vertical integration and cross-media ownership. Rather, a balance may be achieved between the maintenance of competitive markets and the growth of SMEs on the one hand, and efficient and highly competitive large enterprises on the other." (OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1 (and CORR1), 4 August 1997 (and 14 October 1997), p. 8.).


15OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1, 4 August 1997, p. 5.


16Internet site of the National Film Development Corporation, Ltd. (http://www.nfdcindia.com/censor.htm).


17Europa server, "Audiovisual Policy", (http://europa.eu.int/pol/av/en/info.htm).


18OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1, 4 August 1997, pp. 14-20.


19According to the Panorama of EU Industry 1997 (p.27-11), EU film production "will remain dependent on legal and financial programmes planned by the EC and national institutions".


20OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1, 4 August 1997, pp. 14.


21WTO, Trade Policy Review - European Community 1997, May 1998, Geneva, p. 60.


22India, however, is among the few countries which have formally listed these restrictions in their GATS schedules.


23OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1, 4 August 1997, p. 11. The OECD also makes the claim that "In particular, the principle of open access to essential resources to ensure non-discrimination, innovation and competition could be usefully applied to traditional broadcasting concerns in regard to ensuring pluralism in ownership, cultural creativity and diversity" (p.5).


24OECD, Policy and Regulatory Issues for Network-Based Content Services, DSTI/ICCP/IE(96)9/REV1, 4 August 1997, p. 11.


25This number includes one case where commitments were made under 2. C. (Telecommunications services), but the sub-categories concerned (CPC 75241 and 75242) are classified as Audiovisual services under W/120 and the Provisional CPC.


26Karl F. Falkenberg, "The Audiovisual Sector", as found in Jacques H.J. Bourgeois, Frédérique Berrod and Eric Gippini Fournier, editors, The Uruguay Round Results, Brussels, 1995.


27This approach would have accommodated exemptions from the m.f.n. clause for audiovisual industry assistance programmes, permitted the continuance and extension of public aid and operational subsidies, allowed screen time to be reserved for indigenous production of films and TV programmes, and permitted the regulation of existing and future broadcasting technologies and transmission techniques.


28The 33 exemptions covering audiovisual services are by: Australia, Austria, Bolivia, Brazil, Brunei Darussalam, Bulgaria, Canada, Chile, Columbia, Cuba, Cyprus, Czech Republic, Ecuador, Egypt, European Community, Finland, Hungary, Iceland, India, Israel, Liechtenstein, New Zealand, Norway, Panama, Poland, Singapore, Slovak Republic, Slovenia, Sweden, Switzerland, Tunisia, United States and Venezuela. The eight general MFN exemptions potentially impacting audiovisual services are by: El Salvador, Malaysia, Peru, Philippines, Sierra Leone, Thailand, Turkey and the United Arab Emirates.





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