The findings of our Study on the practical implementation of the provisions of the AVMSD concerning the promotion of European works in audiovisual media services are published.
The Audiovisual Media Services Directive (AVMSD) plays a significant role in promoting the European works by broadcasters and video-on-demand service providers in audiovisual media services across the EU, as well as the UK, Norway and Iceland.
The purpose of this study, carried out with Kantar, was to provide the European Commission (DG CONNECT) with the tools and information required for the monitoring and evaluation at periodical intervals (as foreseen by the AVMSD) of the impact of the measures, taken at Union and national levels, for the promotion of distribution and production of European works and independent productions in television programmes and the production of and access to European works in on-demand services.
The study covered the period of 2015-2019 analysing the implementation of Articles 13 (Provisions applicable only to on-demand audiovisual media services), 16 and 17 (Promotion of distribution and production of television programmes) of the AVMSD and aimed at: 1) mapping existing legislation and practices in Member States, 2) providing insights on the developments in the audiovisual market, and 3) analysing the content offer on both linear broadcasting and on-demand services.
The study provides us with substantial findings, the most relevant ones being:
- Legislative changes in relation to linear services: Over the period of 2015-2019, 17 countries (out of the 30 countries covered: EU27, UK, Norway and Iceland) made new changes in relation to Articles 16 and 17 of the AVMSD regarding their legal framework, requirements on European works, definitions or the monitoring system. Substantive reforms have taken place in seven of those countries;
- Legislative changes in relation to on-demand audiovisual media services (non-linear services): Legislative changes implementing Article 13 of the 2010 AVMSD have been identified in thirteen countries between 2015 and 2019. In four of these countries the changes have been substantive;
- Summary of EU27 Member States’ monitoring data on application of Articles 16 and 17 AVMSD: At national level, the share of European works, independent productions and recent works is always above the AVMSD quota.
- Across all the channels reported, the share of European works in total qualifying time in 2019 was 72.6% (i.e., slightly higher compared to the 70.3% share in 2015);
- According to the data reported by Member States, the 10% quota for independent productions included in Article 17 of AVMSD was also largely exceeded. At EU level, the average share of independent productions in total qualifying time in 2019 was 40.8% (i.e., slightly lower compared to the 42.2% share in 2015);
- Monitoring measures used for Articles 16 and 17: Member States use different means as basis for the required monitoring and reporting, such as:
- Self-declarations by broadcasters (in one case this has to be accompanied with an explanation of the exact technology used for monitoring);
- Detailed reporting at programme level by broadcasters, processed by the National Regulatory Authority;
- External monitoring of a sample of weeks carried out by a contractor or the National Regulatory Authority;
- Permanent ongoing monitoring by competent bodies.
- Summary of EU27 Member States’ reports data on Article 13 of the AVMSD: Member States reported data on an increasing number of VoD services between 2015 and 2019. While in 2015 their reporting covered 713 providers, this had risen to 1030 in 2019.
Read our full Study Report here to find out more on the data collected and the conclusions of our study!