The European Commission has launched a new Study on the provisions of the Audiovisual Media Services Directive concerning the promotion of European works in audiovisual media services (including television programmes and on-demand services). The study relates to Articles 13, 16 and 17 of the Directive.

The study was conducted during 2011. This new study takes place in the context of the new, recently-implemented Audiovisual Media Services Directive (AVMS). For the first time, it investigates the promotion of European works on both linear and non-linear services.

Similar studies were published by the Commission in 2005 and 2009. At that time the current Television Without Frontiers Directive (TVWF) regulated only linear broadcast services. But the 2011 study covers both linear and non-linear services in 31 EU Member States and EEA Member States. It includes a legal analysis of implemented measures and an economic analysis of the market for European works. The study also includes a survey of the actual levels of promotion and consumption of European works in a sample of 11 EU Member States, and a prospective evaluation of the impact of changing economic, regulatory and market conditions on European “culture”.

This website is designed to inform market players about the study and to enable them to take part. It is managed by the consortium selected by the Commission to complete the study, comprising Attentional, Headway International, Oliver & Ohlbaum and Gide Loyrette Nouel.

The preliminary conclusions of the study were presented at a public workshop in Brussels on 14 September 2011. Participants had a chance to respond and feed comments to the study team for a few weeks following the workshop. Publication of the final report by the Commission is planned for beginning 2012.

“Member States shall ensure that on-demand audiovisual media services provided by media service providers under their jurisdiction promote, where practicable and by appropriate means, the production of and access to European works. Such promotion could relate, inter alia, to the financial contribution made by such services to the production and rights acquisition of European works or to the share and/or prominence of European works in the catalogue of programmes offered by the on-demand audiovisual media service.“

Article 16 of the Audiovisual Media Services Directive retains the old provision, aimed at promoting European works in linear services:

“Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve for European works a majority proportion of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping. This proportion, having regard to the broadcaster’s informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria.“

Article 17 of the Audiovisual Media Services Directive is also an old provision, aimed at promoting European works in linear services:

“Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve at least 10 % of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping, or alternately, at the discretion of the Member State, at least 10 % of their programming budget, for European works created by producers who are independent of broadcasters. This proportion, having regard to the broadcaster’s informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria. It must be achieved by earmarking an adequate proportion for recent works, that is to say works transmitted within 5 years of their production.“