Promotion and distribution of EU works and Independent Production (Articles 13, 16 and 17)
Most Member States comply with the rules on promotion of European works but works remain national, according to Commission's report. The proportion of European works is quite satisfactory on both television and on-demand services. However the majority of these European works are domestic works and the proportion of independent productions on television is declining.
The average share of European works shown on EU TV channels continued to increase during the reporting period, to achieve 63.8% in 2009 and 64.3% in 2010. The majority proportion of European works set out in Article 16 of the AVMSD was therefore comfortably met. However, only 8.1 % of these works were non-domestic. The Commission invites the three Member States which did not manage to attain the required proportion (Ireland, Slovenia and the UK) to encourage their broadcasters to show more European works.
With an average of 34.1% in 2009 and 33.8% in 2010 the share of European independent works broadcast in the EU was well above the 10% proportion laid down in Article 17 of the AVMSD. However independent works show a moderate but steady downward trend initiated in 2006. Recent works registered a slight decrease as well with respectively 62.1% in 2009 and 61.8% in 2010 of the total volume of European independent works. Even though the results posted by EU broadcasters are satisfactory the Commission invites Member States to reflect upon ways of reversing the declining trend in the broadcast of independent works to help support the European independent production sector.
On-demand audiovisual media services
The European rules dealing with audiovisual (AVMS Directive (Article 13)) impose the obligation to promote European works on on-demand services. Member States have flexibility as to the means and the report reveals lack of uniformity in implementing this obligation. Some Member States have imposed specific promotion measures and some not. On-demand services become particularly relevant in the context of convergence and connected devices. The Commission will therefore analyse the best way to promote European works in this context and will engage soon in discussions with Member States.
According to the information provided by 14 Member States on-demand services reserved a rather high share of their programmes for European works (ranging from almost 37% to 100% in 2010). In addition, five Member States reported financial contributions to European productions and six indicated the use of some tools to give prominence to European works.
Full report - COM (2012)522 (All languages)
(SWD(2012) 269 final)
Study on the implementation of the provisions of the Audiovisual Media Services Directive concerning the promotion of European works in audiovisual media services
The Ninth report from the Commission (COM(2010)450 and the accompanying Staff working Document (SEC(2010)995) were adopted on 23.09.2010. In the reference period (2007-2008), the reports provided by the Member States show a stabilization of the proportion of European works broadcast (over 63% of transmission time) and a slight decrease in European works created by independent producers, although these still represent more than a third of transmission time (34.9% in 2008). Within the total volume of European works by independent producers, the proportion of recent works (broadcast within 5 years of their production) remained at a high level (63% in 2007 and 63.9% in 2008). These figures demonstrate the underlying soundness of the EU audiovisual industry and testify to the continuing commitment of Member States, old and new, to cultural diversity. (Press release)
The Eighth report from the Commission (COM(2008)481 ) and the Staff Working Document (SEC(2008)2310) were adopted on 22.07.08. (Press release). In the reference period (2005-2006), the national reports show a rather stable trend as regards European works (over 63% of the programming time) and a progress for works created by independent producers (over 35% of all qualifying transmissions, representing a 6% increase on the previous period). For recent European works by independent producers, transmission time was constantly above 25%, which confirms the positive trend in the scheduling of recent works. These figures demonstrate the commitment of EU Member States, old and new, to ensure a major presence of European programming on European TV.
The Seventh report from the Commission (COM(2006)459) and its annex (SEC(2006)1073) were adopted on 14.08.2006. In the reference period 2003-2004, EU's television broadcasters on average devoted over 60% of their programming time to European works and over 30% to works by independent European productions. Broadcasters in the new Member States (EU-10) showed as much European content as those in the EU-15, which demonstrated the popularity of European content and the effectiveness of measures taken in accordance with the Directive. (Press release)
The Sixth report from the Commission (COM (2004)524) and its annex (SEC(2004)1016) were adopted on 28.07.2004. For the reference period (2001-2002), the national reports reflect generally a satisfactory application by the European Union Member States of the provisions of Article 4 (European works) and of Article 5 (European works created by independent producers) of the "Television without Frontiers" Directive. The results show that demand for national and European works, which was constantly increasing over the last decade, has reached a new peak in 2002, with almost 2/3 of all qualifying transmissions at Community level. Europeans works made by independent producers were stabilizing at 1/3 of all qualifying transmission time. Concerning recent European works by independent producers the EU-average transmissions were constantly above 1/5 of all qualifying broadcasts. (Press release)
The Fifth report from the Commission (COM(2002)612 Final) was adopted on 08.11.2002. This Communication shows the general trends observed both at Community level and in the individual Member States concerned. For the reference period (1999-2000), the national reports reflect generally satisfactory application by the European Union Member States of the provisions of Article 4 (European works) and Article 5 (European works created by independent producers) of the "Television without Frontiers" Directive. Detailed examination of these reports by the Commission reveals, for both Articles 4 and 5, a positive and dynamic trend in the broadcasting of European works, including those by independent producers, in the context of a general increase in the number of channels over the reference period, thereby contributing to the promotion of cultural diversity in Europe. (Press release)
The Fourth report of the Commission (COM(2000)442final) was adopted on the 17.07.2000. The Commission notes that the number of television broadcasters in Europe has increased considerably. Compliance with the rules of the Directive on broadcasting of European and independent producers' works is generally satisfactory. The objectives of the Directive have, by and large, been achieved. Between the period 1997/98 and the preceding period there was an increase in the broadcasting of European programmes.
The Third report from the Commission (COM(1998)199 final) adopted on 03.04.1998 concerns the calendar years 1995 and 1996. It presents the summary of the national reports transmitted by the Member States as well as Iceland and Norway. The opinion of the Commission on the implementation of articles 4 and 5 is laid down in chapter III , both for the years 1995-96 and for the entire reference period for the exercise of the monitoring (1991-96). Chapter IV of the document tackles the environment under which the future monitoring exercise will be carried out. This environment is characterised both by a new regulatory framework- the newly adopted "Television Without Frontiers" directive - and by a changing "televisual landscape" affected by the rapid growth of the number of TV channels.
The Second report from the Commission (COM(96)302 final), on the years 1993-1994, was published on the 15 July 1996. These reports also present the provisions of the Directive corresponding to this monitoring exercise, as well as the more general objectives of the Directive.
Study on Articles 3i, 4 and 5 of the Audiovisual Media Services Directive (old numbering)
The objective of this study published on 24 May 2009 is:
to complement the previous study on Articles 4 and 5 of the Television without Frontiers Directive,
to give a snapshot of the situation as regards promotion of European works and independent productions both for linear and non-linear audiovisual media services at the junction between the application of the Television without Frontiers Directive and the new Audiovisual Media Services Directive, and
to provide the Commission with the elements required for monitoring the impact of measures for the promotion and distribution of European audiovisual works, in particular in the area of on-demand services.
See also: Studies
Independent study on the impact of Art 4 and 5 TVwF
Study on the impact of measures concerning the promotion of the distribution and production of TV programmes (Community and national) provided for under Article 25 (a) of the directive on television without frontiers.
This study was published on 24 May 2005 and looked at the period 1993 to 2002. It covered the 15 Member States of the European Union as well as the other Members of the European Economic Agreement (Iceland, Liechtenstein and Norway). The study addressed the issues of how Article 4 and 5 had been implemented and the impact of these provisions on TV schedules, cultural objectives as well as on the economic performance of the European audiovisual industry. Finally, the study also provided an assessment of the challenges facing Europe's broadcasters and content producers.