Opinion Factsheet  

Review of the Audiovisual Media Services Directive

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Opinion Number: CDR 1690/2015
Commission: SEDEC
Status: Adopted
Date: 13/10/2015
 
The evaluation of the Audiovisual Media Services (AMS) Directive is included in the European Commission's list of REFIT actions. The process is expected to be concluded by December 2015 and the Commission will decide in early 2016 if a review is necessary.
The CoR has already expressed in a previous opinion that the country of origin principle as provided for in the (AMS) Directive should be reviewed in the light of the changing audiovisual landscape.
Another CoR concern is the difference in treatment by the AMS Directive of linear audiovisual services on the one hand, for which the directive sets percentages of European and independent works that EU broadcasters are obliged to schedule, and non-linear audiovisual services on the other, for which these obligations are worded in a more flexible manner.
The European Commission's follow-up document

COM takes note of the CoR opinion on the review of the AVMSD rules on material scope, the country of origin principle, the geographical scope, copyright, rules on promotion of European works, protection of minors, advertising rules, and uses the CoR opinion as part of the evidence base during the REFIT procedure.
THE EUROPEAN COMMITTEE OF THE REGIONS



- deems it appropriate to review the Audiovisual Media Services Directive (AVMSD) in the light of constantly evolving technological developments and the geopolitical situation and their implications for the production, distribution and consumption of audiovisual media;

- asserts the appropriateness of taking the regional dimension in the AVMSD into account, in order to enhance European cultural identities, cross-border co-productions within the European Union and local creative innovation;

- stresses the value of the dual system that typifies the European audiovisual landscape, ensuring the stimulating co-existence of public and private stakeholders, and highlights the importance of encouraging Member States to provide sufficient long-term public funding for public audiovisual operators, in order to enable them to carry out public service obligations in both linear and non-linear services in full compliance with European regulations governing the funding of public service broadcasters;

- considers that the scope of the AVMSD must cover all types of audiovisual content providers, including those that host user-generated content;

- reiterates the call made in its opinion on European film in the digital era , for an assessment of the country of origin principle as enshrined in the AVMSD, considering in particular questions of legal certainty, which is crucial for the development of European audiovisual stakeholders. The appropriateness of considering the so-called "country of destination principle" as is being done in some Member States, should therefore also be explored, to the extent that this does not empty the country of origin principle of all substance;

- considers that the principle of copyright territoriality must be preserved, this mechanism having proved its effectiveness in guaranteeing payment to producers and promoting quality European audiovisual production;

- supports the introduction of portability of rights by audiovisual media service users and, in particular, portability of rights relating to audiovisual subscriptions, allowing users to access the services they have in their country when travelling elsewhere in the European Union;

Importance

High
Medium
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Education, Youth, Culture and Sports Council meeting

First exchange of views at Education, Youth, Culture and Sports Council meeting

 
30 May
 

Publication of the Proposal for a Directive amending the AVSD Directive

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities

 
25 May
 

Meeting with EP rapporteur

The rapporteur met Ms Petra Kammerevert MEP, within the framework of the finalisation of his own-initiative opinion. According to our information, the EP's CULT Committee will be associated with an exclusive competence in AVMS and Petra Kammerevert is likely to be the draftsperson.

 
20 Sep
 

CoR Commission activity

First discussion and adoption

 
24 Jun
 

Meeting with DG CNECT

Gathering information on the current state of play of the REFIT exercise of AVMS Directive review and their visions on the new Directive.

 
10 May
 

CoR Commission activity

Appointment of rapporteur

 
25 Feb