REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the application of Articles 13, 16 and 17 of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 for 2020-2021
Date: 2024-06-27
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: EU Member State, European Economic Area, European audiovisual area, Member States' contribution, audiovisual production, cultural promotion, mass media, provision of services

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.6.2024  COM(2024) 261 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the application of Articles 13, 16 and 17 of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 for 2020-2021 {SWD(2024) 149 final}  
 
 
1.  BACKGROUND AND CONTEXT 

This report forms part of the regular monitoring of the implementation of the measures relating 
to the promotion of European works by audiovisual media services, as laid down in Directive 
2010/13/EU (also known as the Audiovisual Media Services Directive (AVMSD))1. This report 
covers  the  years  2020-2021  for  both  linear  and  non-linear  services.  The  geographic  scope 
covers the Member States. The report is based on the national reports provided by Member 
States and on an independent study (the ‘study’), which also provides information2 on Iceland, 
Liechtenstein and Norway (i.e. the European Free Trade Association (EFTA) countries that are 
members of the European Economic Area (EEA), or the ‘EEA EFTA countries’). The report 
also  takes  into  account  relevant  data  from  the  European  Audiovisual  Observatory  and  the 
Commission’s media outlook report3. It follows previous reports covering the application of 
the AVMSD provisions during the periods 2015-20194 and 2011-20145. 

For the first time, this periodic reporting takes into account the new obligations introduced by 
Directive (EU) 2018/18086, which amended Directive 2010/13/EU, by strengthening the rules 
on the promotion of European works by audiovisual media services. Its transposition deadline 
was in September 2020. 

The new rules contained in Article 13  of the AVMSD oblige Member States to  ensure that 
media service providers of on-demand audiovisual media services (video-on-demand (VOD) 
providers)  under  their  jurisdiction  secure  at  least  a  30%  share  of  European  works  in  their 

1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of 
certain  provisions  laid  down  by  law,  regulation  or  administrative  action  in  Member  States  concerning  the 
provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 

2 The study provides a legal analysis of the audiovisual legal framework and its evolution in the Member States, 
Norway,  Liechtenstein,  and  Iceland  over  the  period  of  2020-2021.  The  study  also  reports  about  the  share  of 
European works in linear services and in VOD services based on the data provided by the Member States and an 
independent analysis of content of linear services and VOD services. The definition of European works used in 
this study can be found in Article 1(1)(n) of the AVMSD, which includes works originating in the Member States, 
works originating in European third States party to the European Convention on Transfrontier Television of the 
Council of Europe (ECTT) and works co-produced within the framework of agreements related to the audiovisual 
sector concluded between the EU and third countries. Finally, the study provides an economic analysis of the 
audiovisual market in the Member States, covering issues such as business models in the audiovisual sector and 
stakeholder views on the development of the audiovisual market. 

3  Commission  staff  working  document,  European  Media  Industry  Outlook,  SWD(2023)  150  final,  17.5.2023. 
While  technically  outside  the  reference  period,  it  offers  historical  data  and  general  findings  applicable  to  this 
report. 

4 Staff working document Reporting on the application of Articles 13, 16 and 17 of Directive 2010/13/EU for the 
period 2015-2019 as regards non-linear services (Article 13) and linear services (Articles 16 and 17), SWD(2023) 
152 final, 17.5.2023, available at: Commission reports on the promotion of European works by audiovisual media 
services | Shaping Europe’s digital future (europa.eu). 

5 Staff working document Reporting on the application of Articles 13, 16 and 17 of Directive 2010/13/EU: for the 
period 2011-2014 as regards non-linear services (Article 13) and 2013-2014 as regards linear services (Articles 
16 and 17), SWD(2020) 227 final, 13.10.2020, available at: Report on the application of Articles 13, 16 and 17 
of Directive 2010/13/EU | Shaping Europe’s digital future (europa.eu). 

6  Directive  (EU)  2018/1808  of  the  European  Parliament  and  of  the  Council  of  14  November  2018  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 (Audiovisual Media Services 
Directive) in view of changing market realities (OJ L 303, 28.11.2018, p. 69). 

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catalogues and ensure prominence of those works7. The new rules also allow Member States 
to extend the financial contributions to the production of European works, including via direct 
investment in content and contribution to national funds, that they impose on media service 
providers under their jurisdiction, to cover media service providers targeting audiences in their 
territories, but established in other Member States8. Such obligations imposed on cross-border 
services must be proportionate, non-discriminatory and otherwise comply with EU law. Media 
service providers with a low turnover or a low audience are exempted from both the quota and 
prominence  obligations  and  the  financial  investment  obligations.  Member  States  can  also 
provide for further exemptions where such obligations would be impracticable or unjustified 
by reason of the nature or theme of the audiovisual media services9. To ensure a consistent 
calculation of the share of European works in the catalogues of VOD providers, and to define 
low audience and low turnover, in July 2020 the Commission issued guidelines on these two 
issues, pursuant to the AVMSD10.  

Directive (EU) 2018/1808 has left unchanged the obligations for the promotion of European 
works applicable to linear services in Articles 16 and 17 of the AVMSD. Broadcasters must 
reserve for European works a majority proportion of their transmission time, where practicable 
and  by  appropriate  means,  excluding  the  time  allotted  to  news,  sports  events,  games, 
advertising, teletext services and teleshopping11. They also need to reserve at least 10% of this 
transmission time or of their programming budget for independent European works12. 

According to the new rules in the AVMSD, Member States are to report on the implementation 
of Article 13 every 2 years13, in line with the existing reporting obligations concerning Articles 
16 and 17. The preparation of the present report has been affected by delays in the transposition 
of Directive (EU) 2018/1808 by Member States and, subsequently, Member States’ ability to 
provide relevant data in national reports. 

For the detailed reporting, please refer to the accompanying staff working document. The first 
part of that document includes information on the application of Article 13 of the AVMSD on 
the promotion of European works by on-demand audiovisual media services over the period of 
2020-2021, in accordance with Article 13(5) of the AVMSD and taking into account the market 
and  technological  developments  and  the  objective  of  cultural  diversity.  The  second  part 
concerns the application of Articles 16 and 17 of the AVMSD on the promotion of European 
works  and  independent  productions  by  broadcasters  over  the  same  period.  Pursuant  to 
Article 16(3)  of  the  AVMSD,  the  purpose  is  to  inform  Member  States  and  the  European 
Parliament of the national reports on the application of Articles 16 and 17 that Member States 
must provide every 2 years, accompanied, where appropriate, by an opinion. The main findings 
and conclusions are presented below. 

7 Article 13(1) of the AVMSD. 

8 Article 13(2) of the AVMSD. 

9 Article 13(6) of the AVMSD. 

10 Guidelines pursuant to Article 13(7) of the Audiovisual Media Services Directive on the calculation of the share 
of European works in on-demand catalogues and on the definition of low audience and low turnover, OJ C 223, 
7.7.2020. 

11 Article 16 of the AVMSD. 

12 Article 17 of the AVMSD. 

13 Article 13(4) of the AVMSD. 

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2.  MAIN FINDINGS AND CONCLUSIONS 

The  period  covered  in  this  report  (2020-2021)  has  been  a  transitional  period,  as  the 
transposition  deadline  for  Directive  (EU)  2018/1808  was  in  September  2020  and  not  all 
Member States had fully transposed the Directive by the end of the reference period of this 
report.  

The reference period also included the onset of the COVID-19 pandemic. The pandemic had a 
notable  impact  on  the  production  of  audiovisual  content,  but  it  nevertheless  allowed  VOD 
players to expand their audiences and particularly global SVOD services to continue to grow 
their revenues in the EU – up from EUR 6.7 billion in 2019 to EUR 11.7 billion in 2021. The 
overall number of VOD services operational in the EU and EEA EFTA countries’ jurisdictions 
also grew from 1 030 in 2019 to 1 984 in 2021. 

In  the  reference  period,  17  Member  States  introduced  national  implementation  measures  to 
transpose the new rules in Article 13 into national law, while the rest have only introduced 
them after the reference period. In many cases where the transposition was completed in the 
reference  period,  the  details  of  the  application  of  the  rules  still  had  to  be  concretised  in 
secondary law or by-laws. In addition, the obligation for service providers to comply with the 
rules  often  only  started  to  apply  after  the  end  of  the  reference  period.  However,  both 
transposition into national law during the reference period and transpositions after the reference 
period had a high level of alignment with the Commission guidelines and similarities in terms 
of calculation approaches and exemptions. Overall, the legal mapping sheets provided by the 
Member States  show that  during the reference period, national  implementation  measures to 
secure a 30% share of European works in catalogues of video-on-demand (VOD) services were 
in force in 17 Member States. 

According to Member States’ reporting, the average proportion of European works on VOD 
services varied between 63-64% in 2020-2021. It is slightly more compared to 42-63% reported 
in the previous study covering 2015-2019, but is important to note that data were not available 
for all VOD services that operate in the Member States. 

The  study  included  a  sample  of  1 062  VOD  services  operating  in  21  Member  States  and 
Norway, based on a snapshot in 2023. The analysis provided in the study found a 35% average 
share of European works on VOD services, compared to 36% found previously in 2021, albeit 
based on a smaller sample. The most recent figure shows a substantially lower average share 
than that indicated in Member States’ reports (63-64%). Several reasons may partially explain 
these  differences:  (i)  the  study  only  sampled  VOD  services  from  21  Member  States  and 
Norway;  (ii)  the  independent  analysis  and  Member  States’  reporting  covered  different  time 
periods; and (iii) it is difficult to compare definitions and methods used for measurement as 
there are limited data about the methodology used by Member States to monitor compliance14.  

14 In this context, it can be noted that the AVMSD encourages the labelling  in metadata of audiovisual content 
and European Regulators Group for Audiovisual Media Services has also reaffirmed its importance; see Recital 
35 of Directive (EU) 2018/1808; ERGA Subgroup 3 – Ensuring Prominence and Access of Audiovisual Media 
Content  to  all  Platforms  (Findability)  –  Deliverable  2:  Overview  document  in  relation  to  Article  13(1)  of  the 
https://erga-online.eu/wp-
Audiovisual 
content/uploads/2021/01/ERGA_SG3_2020_Report_Art.131_final.pdf;  ERGA  Subgroup 
1  Consistent 
implementation and enforcement of the new Audiovisual Media Services Directive framework, Workstream 2 
Technical  expertise:  Interpreting  and  providing  guidance  on  the  most  complex  new  provisions,  Report: 
Transposition and implementation of Article 13(1) of the new AVMSD – Ensuring prominence of European works 

Directive 

Services 

(2020), 

Media 

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Directive  (EU)  2018/1808  also  introduced  the  possibility  for  Member  States  to  extend  the 
financial contributions to the production of European works that they impose on media service 
providers under their jurisdiction, to cover media service providers targeting audiences in their 
territories, but established in other Member States. In the reference period (2020-2021), seven 
Member  States  reported  having  in  place  financial  contribution  obligations  for  cross-border 
VOD service providers  and two Member States  reported having  such obligations  for cross-
border linear service providers. 

Although this is the first time the new rules laid down in the AVMSD are reported on, some 
progress has already been made on monitoring. Nevertheless, more work is still needed to get 
a  complete  and  comprehensive  picture.  Therefore,  the  Commission  encourages  all  Member 
States to ensure monitoring and verification of the share of European works on VOD services 
and to provide detailed information on cases of non-compliance and the methodology used. 
The Commission also encourages Member States to provide complete information on the share 
of European works for all VOD services under their jurisdiction in their reporting. Additionally, 
the Commission encourages providing information on the reasons why some VOD services 
may  not  reach  the  minimum  share  of  European  works  as  well  as  on  the  assessment  and 
follow-up by national regulatory authorities of such cases. 

When  it  comes  to  linear  channels,  the  pandemic  had  a  momentary  impact  on  the  average 
viewing  time  and  revenues  generated  through  TV  advertising.  The  overall  trend  anyway 
appears to reflect stagnating revenues. Although the data sets are not fully comparable, the total 
number of TV channels appears to have stayed similar or to have slightly decreased from 4 657 
reported at the end of 2019 in the Member States including at that time the UK by the European 
Audiovisual Observatory15 to 4 483 in 2021 reported as being operational in their jurisdiction 
by Member States and the EEA EFTA countries. 

Concerning Articles 16 and 17 of the AVMSD, which do not contain any new rules, all Member 
States  require  broadcasters  to  reserve  a  majority  proportion  of  their  transmission  time  for 
European works, with some Member States setting a higher proportion for public broadcasters 
or  for  all  broadcasters.  Four  and  five  Member  States,  respectively,  made  changes  to  their 
national  legislation in the reference period  with  regard to  Articles 16 and 17. However, the 
changes were minor or of a technical nature. Member States’ reporting shows that the average 
proportion of European works on linear services – 68% in 2020 and 69% in 2021 – was far 
above the obligatory majority proportion set out in Article 16 of the AVMSD. In general, this 
points to a sound application of this provision throughout the Union. However, Member States’ 
reports indicate a decrease in the share of European works compared to the previous reporting 
period (72.6% in 2019). Moreover, the analysis in the study suggests that the share of European 
works  (38%)  is  substantially  below  the  share  of  European  works  reported  on  average  by 
Member States (68-69%). Several reasons may partially explain the differences between the 
findings of the study and the data reported by Member States, e.g. the fact that the study only 
sampled channels from 15 Member States. 

Overall,  Member  States  also  reported  to  have  met  the  requirement  regarding  the  share  of 
independent productions set out in Article 17 of the AVMSD. The average share of European 

in 
the  catalogues  of  on-demand  audiovisual  media 
content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf. 

services 

(2021),  https://erga-online.eu/wp-

15  European  Audiovisual  Observatory,  Yearbook 
2020/2021 
https://rm.coe.int/yearbook-key-trends-2020-2021-en/1680a26056, p. 26. 

–  Key 

trends, 

available 

at: 

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works created by independent producers was 40.6% in 2020 and 41.4% in 2021, according to 
the data provided by the Member States. However, the average share of European independent 
productions  calculated  based  on  Member  States’  reports  is  substantially  higher  than  that 
emerging from the study. The study indicates that the overall share of independent European 
works was fairly low across all Member States (less than 3%) and appears lower than the share 
calculated in the previous study. Nevertheless, noteworthy differences between channels could 
be observed sometimes linked to different definitions of independent productions. The average 
share of recent European works reported by Member States was 56.4% in 2020 and 59.0% in 
2021, which is an increase compared to the previous reporting period (54.6% in 2019). 

The total number of exempted channels remained constant over the reference period (2 236 in 
both 2020 and 2021), accounting for nearly half of all TV channels reported by the Member 
States. However, the figures indicate a decrease in the number of exempted channels compared 
to the previous reporting period (2 895 in 2019). 

As  in  the  previous  report,  the  Commission  invites  Member  States  to  provide  detailed 
information on cases of non-compliance by linear service providers to secure the required share 
of  European  works,  independent  productions  and  recent  productions,  as  well  as  on  the 
assessment and follow-up by national regulatory authorities of such cases, to ensure alignment 
with Articles 16 and 17. Similarly to the VOD services, the Commission, moreover, encourages 
Member States to share information about their relevant calculation method and to increase the 
number  of  channels  for  which  data  is  reported.  This  is  recommended  in  order  to  allow  for 
effective  enforcement  actions  where  needed  and  better  comparison  with  results  of  future 
studies monitoring the fulfilment of the AVMSD obligations.  

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