COMMISSION STAFF WORKING DOCUMENT Detailed reporting on the application of Articles 13, 16 and 17 of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 for 2020-2021 Accompanying the document 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  SWD(2024) 149 final  COMMISSION STAFF WORKING DOCUMENT Detailed reporting on the application of Articles 13, 16 and 17 of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 for 2020-2021 Accompanying the document 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      {COM(2024) 261 final}  
 
 
 
 
Table of Contents 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

1.5. 

1.6. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

2.5. 

APPLICATION OF ARTICLE 13 OF THE AVMSD ................................................ 2 

Overview of the European on-demand services market .............................................. 2 

Quota for European works on VOD services (Article 13(1) of the AVMSD)............. 3 

Prominence of European works on VOD services (Article 13(1) of the AVMSD)..... 7 

Financial contributions to the production of European works (Article 13(2) of the 
AVMSD) ...................................................................................................................... 8 

Exempted VOD services ............................................................................................ 10 

Methods of implementation and monitoring by the Member States .......................... 10 

APPLICATION OF ARTICLES 16 AND 17 OF THE AVMSD  ............................ 12 

Overview of the European linear audiovisual services market .................................. 12 

Possible exemption of channels with a very low audience share and number of 
channels covered ........................................................................................................ 13 

Monitoring ................................................................................................................. 14 

Application of Article 16 of the AVMSD – Majority proportion of European works
 .................................................................................................................................... 16 

Application of Article 17 of the AVMSD – European works created by independent 
producers (independent productions) and recent works ............................................. 19 

3. 

GLOSSARY ............................................................................................................... 22 

1 

 
 
 
 
 
 
 
 
1. 

APPLICATION OF ARTICLE 13 OF THE AVMSD 

1.1. 

Overview of the European on-demand services market 

The  reference  period  (2020-2021)  coincided  with  the  COVID-19  pandemic,  which  had  a 
notable impact on the EU audiovisual industry. While the production of content and cinemas 
were hit hard, video-on-demand (VOD) players managed to expand their audiences during this 
period, potentially accelerating the shift away from traditional broadcasting1. Revenues of VOD 
services  in  the  EU  were  around  EUR 9.2 billion  in  2020  and  EUR 11.7 billion  in  2021, 
representing about  13%  of the overall EU  audiovisual  market2.  Also  in  the  years before the 
pandemic,  revenues  of  VOD  services  were  steadily  increasing:  they  amounted  to 
EUR 3.5 billion in 2017, EUR 4.8 billion in 2018 and EUR 6.7 billion in 2019. 

Growth was primarily driven by subscription-based VOD (SVOD) services, which represented 
the main VOD business model. This subsector was concentrated in the hands of a few, mainly 
US-based, global players, the three being Netflix, Amazon Prime and Disney+. The value of 
the SVOD model in the EU was five times higher than the value of transaction-based VOD 
(TVOD)  services  (also  called  pay-per-view  services).  Advertising-based  VOD  (AVOD) 
services3, including ad-supported free streaming television services, represented an emerging 
third business model, being usually offered as an alternative to users of SVOD services4. 

According  to  the  information  provided  by  the  Member  States  and  the  European  Free  Trade 
Association (EFTA) countries that are members of the European Economic Area (EEA) (‘EEA 
EFTA countries’)5, a total of 1 950 VOD services were operational in their jurisdictions in 2020 
and  1 984  in  20216.  The  figure  below  illustrates  the  overall  situation  in  2020  and  2021, 
including also the VOD services that are exempted from the obligations under the Article 13(1) 
and (2) of the Audiovisual Media Services Directive (AVMSD) (for further information about 
exemptions,  please  see  section  1.5).  For  comparison,  the  previous  study  estimated  that  the 
number  of  VOD  services  stood  at  1 030  in  2019  in  25  Member  States  for  which  data  was 
available7. The highest number of VOD services was reported for France, with 409 and 410 
services in 2020 and 2021, respectively, followed by Hungary (306 services in both years). No 
VOD services were reported for Liechtenstein or Norway during the reference period.  

1  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, p. 18. 
2 Ibid, p. 13-14.  
3  For  instance,  Netflix’s  ad-supported  subscription  plan,  or  Rakuten  TV,  which  combines  SVOD,  TVOD  and 
AVOD. 
4 Ibid, p. 13-14. 
5 Data was provided by all the Member States and Iceland. 
6 These figures include different national catalogues of cross-border VOD services. When excluding VOD services 
exempted from obligations under Article 13(1) of the AVMSD for the whole reference period (2020-2021), as 
reported by Member States, the numbers were slightly lower: 1 410 and 1 444, respectively.  
7 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, 
p. 2,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). Data  for Germany, Ireland and the EEA EFTA  countries was not 
reported. 

2 

 
 
 
 
 
 
 
 
 
Figure 1: Number of VOD services in the EU and EEA EFTA countries, 2020-2021 

2500

2000

1500

1000

500

0

1 950

540

1 410

2020

1 984

540

1 444

2021

Services that are not exempted

Exempted services

Source: the study, based on Member States’ reporting 

Driven by the success of US-based SVOD platforms and encouraged by the generally increased 
use of VOD services, many European broadcasters and independent players have launched their 
own on-demand services. Over time, the distinction between traditional linear and non-linear 
services  has  become  more  blurred,  as  broadcasters  make  their  content  available  on  demand 
online  and  create  content  tailor-made  for  their  streaming  services,  including  some  premium 
content8. 

1.2. 

Quota for European works on VOD services (Article 13(1) of the AVMSD) 

The  new  rules  in  Article  13(1)  of  the  AVMSD  oblige  Member  States  to  ensure  that  media 
service providers of on-demand audiovisual media services under their jurisdiction secure at 
least a 30% share of European works in their catalogues. The Commission guidelines9 clarified 
that the calculation should be done based on the number of titles. In the case of feature and TV 
films, this means that every film should be understood as constituting a title in a catalogue. On 
television  series,  the  Commission  has  taken  the  view  that  one  season  of  a  series  should 
correspond to one title. However, national authorities could take into account higher production 
costs  in  weighting  works  where  relevant,  in  particular  in  relation  to  high-end  fiction.  The 
guidelines  also  explain  that  if  VOD  providers  operate  in  the  EU  with  multiple  national 
catalogues, calculation should be done for each of their national catalogues. 

8  Commission  staff  working  document,  European  Media  Industry  Outlook,  SWD(2023)  150  final,  17.5.2023, 
p. 18. 
9 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. 

3 

 
 
 
 
 
 
 
 
 
Overall,  the  legal  mapping  sheets  provided  by  the  Member  States10  show  that  during  the 
reference period, national implementation measures to secure a 30% share of European works 
in catalogues of VOD services were in force in 17 Member States11. 

Several  Member  States  explicitly  mentioned  the  Commission  guidelines  in  their  legislation 
transposing  Directive  (EU)  2018/1808  or  in  other  secondary  law.  Most  Member  States,  in 
addition to Iceland and Norway, reported having a title-based calculation method, or that they 
were likely to follow this approach12. However, during the reference period, adherence to the 
guidelines  was  not  entirely  clear  in  some  cases,  either  because  the  new  rules  had  not  been 
transposed, or because the calculation method had not been specified at national level. These 
guidelines aim to foster a consistent implementation of the new rules across the EU. 

During the reference period, two Member States13 reported having in place quotas higher than 
the 30% stated in Article 13(1) of the AVMSD. Furthermore, seven Member States had adopted 
specific sub-quotas for works of original expression14. For example:  

• 

• 

• 

In  the  French  Community  of  Belgium,  there  was  an  obligation  of  30%  of  European 
works, of which one third must be French-speaking Belgian audiovisual works.  In the 
first  5 years  after  entry  into  force,  the  quota  for  European  works  should  gradually 
increase from 30% to 40%.  
In France, there was an obligation of a 60% share of European works and 40% for works 
of original French expression. Agreements with the national media regulatory authority 
could  be  made  to  lower  these  proportions  if  the  audiovisual  media  service  provider 
would make a commitment to invest in the production of unpublished audiovisual works 
of original French expression by independent production companies.  
In Portugal, a quota of 30% applied, but 50% of this proportion must be dedicated to 
creative works by independent European producers produced in Portuguese language 
and in the 5 preceding years. 

Based on the national reports, the average proportion of European works on VOD services was 
63% in 2020 and 64% in 202115. In comparison, the figures were fluctuating between 42% and 
63% in 2015-2019, according to the national reports and the previous study16. However, the 
Commission notes that these average shares are based on the VOD services for which data was 
included in the national reports. In 2020, seven Member States did not report on the shares of 
European works on VOD services at all, and six did not report in 2021. Furthermore, similarly 
to the previous report, most Member States that did report on the shares of European works on 
VOD services did not do so for all services listed. For 2020, data on the proportion of European 
works  was  only  provided  for  581  VOD  services  (41%)  out  of  a  total  of  1 410  services  that 

10 The independent study covered the EU-27 and the EEA EFTA countries (Norway, Liechtenstein and Iceland). 
Please note that in Belgium, there are different measures in the French and Flemish Communities transposing the 
new rules in Article 13. 
11 Austria, Belgium (Flemish and French Communities), Bulgaria, Germany, Denmark, Greece, Finland, France, 
Croatia, Hungary, Italy, Lithuania, Latvia, Luxembourg, Malta, the Netherlands and Portugal. 
12  Austria,  Belgium  (French  Community),  Bulgaria,  Cyprus,  Czechia,  Germany,  Denmark,  Estonia,  France, 
Croatia, Malta, the Netherlands, Portugal, Romania, Slovakia and Sweden. 
13 Belgium (French Community) and France. 
14 French and Flemish Communities of Belgium, Spain, France, Hungary, Italy, Portugal and Slovenia. 
15 Member States were asked to report the share as a percentage of total titles for a given year. Note that Belgium 
was counted twice since the Flemish and French Communities reported data separately. 
16 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, 
p. 4. The lowest figure (42%) was reported in 2017 and the highest (63%) in 2016. 

4 

 
 
 
 
 
 
 
 
Member  States  reported  as  operating  in  their  territory  in  2020  and  not  being  subject  to  an 
exemption from the AVMSD obligations during the whole reference period. In 2021, the figure 
was 533 VOD services (37%) out of a total of 1 444 services. Finally, it is worth pointing out 
that the data reported by Member States tended to include only smaller local VOD services, 
which could have implications on the results. The shares of European works in the catalogues 
of larger international services like Netflix and Amazon Prime were reported by the Member 
State that had jurisdiction over them regarding all the different national catalogues17. 

Figure 2: Share of European works on VOD services, 2020-2021 

Source: the Study, based on Member States’ reporting 

According  to  an  analysis  conducted  as  part  of  the  study,  European  works18  represented  on 
average 35% of catalogues in a selection of 21 Member States19 and Norway. The calculation 
included  data  based  on  the  catalogues  of  a  sample  of  1 062  VOD  services  (including  over 
1.9 million  productions)20.  The  data  presented  in  the  study  captured  the  situation  of  VOD 
catalogues in February 2023, as it was not possible to collect catalogue data retrospectively for 
2020-2021.  The  data  were  analysed  by  target  country  (i.e.  the  country  where  the  different 
national catalogues were aimed to be visible) and not by country of jurisdiction (i.e. the country 
where the VOD service provider in question was established). While technically outside the 
reference  period, the data  provide  an important  snapshot of VOD  catalogues relevant  to  the 

17 The share of European works in the different national catalogues of the cross-border VOD services is included 
in  the  figures  for  the  Member  State  which  has  the  jurisdiction  over  them.  For  example,  the  average  share  of 
European  works  in  the  Netherlands  as  seen  in  Figure  2  includes  the  share  of  European  works  in  the  different 
national catalogues of Netflix. In the Annex of the accompanying study, the respective shares can be seen for each 
national catalogue. 
18  European  productions  and  European  co-productions,  where  European  co-productions  were  defined  as  any 
production where there are at least two production companies and at least one of them is European. 
19 Austria, Belgium, Bulgaria, Czechia, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Hungary, 
Ireland, Italy, Latvia, the Netherlands, Poland, Portugal, Romania and Sweden. 
20 The 22 countries selected were those available in the JustWatch dataset. The aim was to keep in the analysis 
those countries that were analysed in the previous study in order to enable comparison. 

5 

 
 
 
 
 
 
 
 
application of Article 13(1) of the AVMSD, and supplement the data transmitted by Member 
States21.  According to the 2021 analysis conducted as part of the previous study, the average 
share of European works was 36% based on the catalogues of a smaller sample of 751 VOD 
services22. 

The study showed that the share of European works varied between 27% in Hungary (the lowest 
figure in the sample) and 48% in France (the highest figure in the sample) 23. Hence, the lowest 
share  of  European  works  seems  to  have  slightly  increased  from  the  last  report,  where  the 
proportion of European works ranged from 25% (Greece) to 48% (France) 24. According to the 
data available, all countries apart from Romania (-1%) had increased their share of European 
works, or the share had remained the same compared to the previous study25. 

According to the study, Mubi was the VOD service provider with the greatest share of European 
works present in multiple countries (for example, 64% in Italy and 63% in Ireland). Disney+ 
and Apple TV+, on the contrary, had the lowest average share of European works in the dataset 
examined (12% in Italy and Ireland and 14% in Italy and Ireland, respectively). However, the 
share of European works in the catalogue of a single VOD service provider can vary depending 
on the targeted markets. For example, Amazon Prime Video had over 53% of European works 
present in its Italian catalogue but only 28% in the Irish one. 

The  study  additionally  showed  that  there  were  no  major  differences  between  the  share  of 
European  works  in  TVOD  and  SVOD  catalogues  across  Member  States  and  that  11.6%  of 
works  in  the  sample  of  productions  were  recent  European  films  or  series  at  the  time  of 
measuring (released in 2017 or later). 

The study found that productions with US involvement were the most frequent co-productions 
in  all  VOD  catalogues  in  the  sample26,  in  line  with  the  findings  of  the  previous  study  and 
report27.  Between  35%  and  53%  of  productions  in  all  catalogues  had  a  US  company 
participating in the production in 2023, depending on the target market country. US companies 
also accounted for a substantial share of EU market revenues and their share has been rising 

21 In parallel, another recent study conducted by the European Audiovisual Observatory has found that there was 
an average share of 32% of European works in VOD catalogues in September 2022 (https://rm.coe.int/avmsdigest-
the-promotion-of-european-works/1680ad9231). 
22 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, 
p. 6,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu) 
23 All Member States in the sample except for Hungary, Greece, Estonia and Bulgaria measured at 30% or higher. 
24 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, 
p. 6,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu) 
25  European  Commission,  Directorate-General  for  Communications  Networks,  Content  and  Technology, 
Mosoreanu, M., Podobea, V., Ulicna, D., et al.,  Study on the practical implementation of the provisions of the 
audiovisual media services directive concerning the promotion of European works in audiovisual media services 
– Final report, Publications Office of the European Union, 2023 (https://data.europa.eu/doi/10.2759/211481). 
26 Austria, Belgium (French and Flemish Communities), Czechia, Germany, Denmark, Estonia, Spain, Finland, 
France, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, the Netherlands, Norway, Poland, Portugal, Romania 
and Sweden. 
27  European  Commission,  Directorate-General  for  Communications  Networks,  Content  and  Technology, 
Mosoreanu, M., Podobea, V., Ulicna, D., et al., Study on the practical implementation of the provisions of the 
audiovisual media services directive concerning the promotion of European works in audiovisual media services 
–  Final  report,  Publications  Office  of  the  European  Union,  2023  (https://op.europa.eu/en/publication-detail/-
/publication/41f4a695-f465-11ed-a05c-01aa75ed71a1/language-en/format-PDF/source-287430951). 

6 

 
 
 
 
 
 
 
 
 
particularly  in  the  SVOD  subsector28.  Other  prominent  non-European  countries  of 
co-production were India, Canada and Japan, accounting for approximately 11%, 4% and 3% 
of all productions analysed, respectively. 

1.3. 

Prominence of European works on VOD services (Article 13(1) of the AVMSD) 

Article 13(1) of the AVMSD requires Member  States to  ensure that VOD service providers 
ensure prominence of European works in their catalogues. National implementation measures 
to this end were introduced in 17 Member States during the reference period29. Several Member 
States that have transposed Directive (EU) 2018/1808 have further elaborated on the notion of 
prominence  in  the  catalogues  of  VOD  services  and  the  measures  needed  to  implement  the 
requirement. 

For  example,  Austrian  legislation  states  that  European  works  must  be  appropriately 
distinguished from other works by means of a clear identification30, while Finnish law talks 
about ensuring their visibility31. In the Netherlands, there is a requirement for European works 
to be brought to the attention of the public by the channel provider32. The laws of some Member 
States  go  into  greater  detail  in  this  regard.  For  instance,  in  Bulgaria,  the  law  states  that 
prominence involves: (a) presenting European works in an attractive and accessible manner, for 
example through a dedicated section for European works that is accessible from the service’s 
homepage; (b) offering the possibility to search for European works in the search tool available 
as part of the service; and (c) using European works in the service’s campaigns or promoting a 
minimum  percentage  of  European  works  in  the  service’s  catalogue,  for  example  by  using 
banners or similar tools33. In Germany, the law specifies that prominence may be ensured by 
creating a special area for European works that is easily recognisable, directly accessible and 
permanently available from the service’s main page34. 

In total, 17 Member States35 reported data on the measures used by some of the VOD services 
under their jurisdiction to ensure prominence of European works in their catalogues. However, 
as not many Member States reported such data for all VOD services under their jurisdiction, 
robust data analysis of the prominence methods used was not possible. The most often cited 
prominence method in 2020 was a dedicated section for European works accessible from the 
homepage  of  the  service,  followed  by  highlighting  European  works  through,  for  example, 
banners or similar tools. The most used method in 2021 was a possibility to search for European 
works in the search tool available as part of the service, followed by a dedicated section for 
European  works  accessible  from  the  homepage  of  the  service36.  Other,  less  frequently  used 
ways  to  promote  European  works  included  promotion  in  newsletters  and  social  media, 
displaying the production country in the programme description. 

28  Commission  staff  working  document,  European  Media  Industry  Outlook,  SWD(2023) 150  final, 17.5.2023, 
p. 14. 
29 Austria, Belgium (Flemish and French Communities), Bulgaria, Germany, Denmark, Greece, Finland, France, 
Croatia, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands and Portugal. Lithuania adopted 
legislation to this end on 15 December 2021, but it only entered into force in January 2022. 
30 Section 40(1) of the Audiovisual Media Services Act. 
31 Law amending the Act on Electronic Communications Services 917/2014. 
32 Article 2.115 of the Media Act 2008. 
33 Article 19 of the Radio and Television Act. 
34 Article 77 of the Interstate Media Treaty. 
35  Austria,  Belgium  (French  and  Flemish  Communities),  Germany,  Estonia,  Greece,  Spain,  Finland,  Croatia, 
Hungary, Italy, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Sweden and Slovakia. 
36 Mentioned regarding 111 and 95  non-linear services, respectively, by Member States. 

7 

 
 
 
 
 
 
 
 
Figure 3: Number of services using prominence promotion tools in Member States that reported data on 
prominence of European works in the catalogues of VOD services under their jurisdiction 

111

95

95

42

91

71

84

77

140

120

100

80

60

40

20

0

Dedicated section

Search function

Campaigns

Highlighting

2020

2021

Source: Member States’ reporting 

A mystery shopping test was carried out in the context of the study, focusing on a sample of 
SVOD services37. It  found that, on average,  40% of services included dedicated sections on 
their homepages for European works or works from the targeted country. Moreover, 49% of 
the services analysed offered the option to filter the works present in their catalogue by country 
or region. These shares varied across Member States and VOD service providers38. 

1.4. 

Financial contributions to the production of European works (Article 13(2) of the 
AVMSD) 

Article 13(2) of the AVMSD explicitly recognises the possibility for Member States to extend 
the  financial  contributions,  including  via  direct  investment  in  content  and  contribution  to 
national funds (levies), to the production of European works to cover media service providers 
targeting audiences in their territories, but  established in other Member States, based on the 
revenues these providers earn in the targeted territories. In this respect, seven Member States39 
reported  having  in  place  financial  contribution  obligations  for  cross-border  VOD  service 
providers and two Member States40 reported having in place such obligations for cross-border 

37 The most popular four or five SVODs were selected for 15 Member States (Austria, Czechia, Germany, Spain, 
France, Hungary, Italy, the Netherlands, Poland, Sweden, Romania, Belgium (French and Flemish Communities), 
Slovakia, Denmark and Estonia). 
38 For example, 0% of the services analysed in Hungary included dedicated sections on the homepage for European 
works or Hungarian works, whereas the figure was 75% for Austria. At VOD level, 90% of the Amazon Prime 
and 86% of Netflix home pages included a European section whereas this was never present for Voyo, Disney+, 
or Mubi. 
39  Belgium,  Croatia,  France,  Germany,  Greece,  Italy,  and  Poland.  Portugal  adopted  measures  for  cross-border 
VOD service providers in 2020 but they only entered into force in 2022. 
40  Belgium  (French  Community)  and  France.  Poland  and  Portugal  adopted  measures  for  cross-border  linear 
services during the reference period but they only entered into force in 2022. 

8 

 
 
 
 
 
 
 
 
linear service providers during the reference period. In the EEA EFTA countries, no direct or 
indirect  cross-border  financial  contributions  were  in  force  in  the  reference  period.  Some 
Member States only had financial obligations for domestic VOD or linear services.  

In comparison, in the previous report (where the modified sections in the AVMSD were not yet 
relevant), nine Member States reported on having in place financial contributions made by VOD 
service providers either under their jurisdiction or across borders41.  

Examples of obligations for cross-border VOD services 

- 

In Germany and Poland, cross-border VOD service providers must pay a levy/tax. The 
rate  to  be  paid  varied  between  1.5%  of  the  revenue  generated  in  Poland  through 
advertising  or  user  fees  from  subscribers,  whichever  is  higher,  and  1.8-2.5%  of  net 
annual turnover in Germany, depending on the size of the VOD service. 
-  Both a levy and an obligation to invest directly existed in France and Croatia. 

o  In France, the obligations varied depending on the type of VOD service. SVOD 
services must devote 20-25% of their annual net turnover generated in France to 
the  funding  of  European  or  French  cinematographic  and  audiovisual 
productions; it is 15% for other VOD services, subject to certain reductions. In 
addition, there was a 5.15-15% levy on the yearly turnover. 

o  In  Croatia,  VOD  services  were  required  to  invest  2%  of  their  annual  gross 
revenue  in  the  production  or  purchase  of  Croatian  audiovisual  works  by 
independent producers. In addition, VOD services must pay a levy of 2% of their 
annual gross income. 

- 

- 

In Italy, there was an obligation to invest directly in European works.  17-20% of net 
annual revenue, increasing gradually over time, should be reserved for the production 
of European works by independent producers or the purchase or pre-purchase of rights 
on such works42. 
In Belgium (all Communities), there was a choice between a levy or an obligation to 
invest directly. In the French Community of Belgium, the amount of the contribution 
varied between 1.4% and 2.2% of the turnover, depending on the size of the service. 
-  Where non-domestic VOD service providers specifically targeted with the audience in 
Greece, they are obliged to pay a yearly contribution of 1.5% of the turnover generated 
by their operations in Greece, either for the production of Greek audiovisual works or 
for the acquisition of rights on Greek audiovisual works that have not yet been released, 
or to a specific national fund. 

Examples of obligations for cross-border linear services 

- 

- 

In  the  French  Community  of  Belgium,  there  was  a  choice  between  making  a  direct 
investment in the form of either co-production or pre-purchase of audiovisual works and 
paying a levy to a film fund. The amount of the contribution depended on the size of the 
turnover of the linear service. 
In France, there was an obligation to invest at least 12.5-15% of yearly turnover in the 
production of European audiovisual works or works the original language of which is 
French. 

41 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, 
p. 5,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). 
42 The national law entered into force on 25 December 2021. 

9 

 
 
 
 
 
 
 
 
1.5. 

Exempted VOD services 

According to Article 13(6) of the AVMSD, the obligations contained in Article 13(1) and (2) 
do not apply to media service providers with a low turnover or a low audience. Member States 
may  also  waive  such  obligations  or  requirements  where  they  would  be  impracticable  or 
unjustified by reason of the nature or theme of the audiovisual media services. These provisions 
have been clarified in Commission guidelines43. To determine ‘low turnover’, the guidelines 
rely  on  the  EUR 2 million  annual  turnover  threshold  mentioned  in  Recommendation 
2003/361/EC  concerning  the  definition  of  micro,  small  and  medium-sized  enterprises44. 
Nevertheless, Member States with smaller national audiovisual markets can determine lower 
turnover thresholds. For ‘low audience’, the threshold according to the guidelines is an audience 
share of less than 1% in a given targeted Member State for non-linear services and of 2% for 
linear services. Member States may  apply  lower thresholds to  take account  of  their national 
markets’ size and structure, in duly justified cases, in line with their cultural policy objectives, 
including  the  objective  to  ensure  the  sustainability  of  national  audiovisual  and  film  funding 
systems. 

The national data sheets showed that a total of 540 VOD services were reported to have been 
exempted during the whole  reference period.  An exemption  that had been implemented and 
applied the most was an exemption resulting from the nature of the services concerned, which 
would make it impracticable or unjustified to apply the obligations. In Austria, for instance, 
several VOD services were exempted because they were sport-focused VOD services. Where 
Member  States  had  rules  in  place  during  the  reference  period,  the  Commission  guidelines’ 
turnover threshold was generally applied. Regarding the audience share exemption, there were 
some variations in  terms  of the exact  threshold or the way it was assessed. For example, in 
Croatia, the audience share to be used is 0.3% or less of the total audience, while in Sweden, 
the 1% threshold is based on the viewing time of the catalogues.   

1.6.  Methods of implementation and monitoring by the Member States 

Under Article 13(4) of the AVMSD, Member States are obliged to report to the Commission 
on the implementation of Article 13(1) and (2). Various monitoring and verification systems 
can help to ensure accuracy of this data and ensure compliance with Article 13. Most Member 
States45 and Iceland reported to have identical or similar monitoring and verification systems 
for both VOD (Article 13) and linear services (Articles 16 and 17). For instance, in Italy and 
Iceland, both VOD and linear services had to report annually to the competent authority , while 
the competent authority could also conduct random checks. Please refer to Section 2.3 of this 
report for monitoring of linear services. 

In contrast, in notably five Member States46, the monitoring systems for VOD service providers 
differed from the systems applied to linear service providers. 

43 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. 
44  Commission  Recommendation  2003/361/EC  of  6  May  2003  concerning  the  definition  of  micro,  small  and 
medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36). 
45  Austria,  Belgium  (Flemish  Community),  Bulgaria,  Cyprus,  Denmark,  Estonia,  Finland,  France,  Croatia, 
Hungary, Italy, Lithuania, Luxembourg, Poland, Portugal, Slovenia, Slovakia and Sweden. 
46 Belgium (French Community), Germany, Spain, the Netherlands and Romania. 

10 

 
 
 
 
 
 
 
 
 
- 

- 

- 

- 

- 

In the French Community of Belgium, VOD service providers were required to report 
the number of views and rentals of each work in their catalogues for a 1-month reference 
period, also indicating the 50 most watched works in the last 6 months.  

In Germany, monitoring of VOD service providers was introduced in 2021 to be carried 
out on a case-by-case basis by the Commission on Licensing and Supervision (ZAK), 
which is the central body of state media authorities. Before that, monitoring only existed 
in  the  form  of  checks  on  the  fulfilment  of  the  financial  obligations  of  VOD  service 
providers (which included on-site checks carried out by third parties commissioned by 
the competent authority). 

In  Spain,  no  monitoring  system  for  VOD  service  providers  is  foreseen  in  law. 
Nevertheless, the Spanish National Markets and Competition Commission (CNMC) has 
established an administrative practice, including systematic information requests on an 
annual  basis to  VOD  service providers established in  Spain.  In case of need, on-site 
inspections were also conducted to verify information. 

In  the  Netherlands,  in  contrast  with  the  monitoring  of  linear  audiovisual  service 
providers, the competent authority not only required data to be reported annually, but 
also conducts additional random checks on VOD service providers throughout the year.  

In  Romania,  VOD  service  providers  are  required  to  provide  data  quarterly  (the 
competent authority examines the fulfilment of the year’s obligations annually, on the 
basis of aggregated data). Furthermore, VOD service providers are required to submit 
to  the  national  regulatory  authority  a  statistical  report  regarding  the  percentage  and 
visibility  of  European  works  in  their  programme  catalogue.  This  report  must  be 
submitted annually.  

Moreover,  in  the  reference  period,  four  Member  States47  and  two  EEA  EFTA  countries 
(Liechtenstein  and  Norway)  did  not  have  any  monitoring  system  in  place  for  VOD  service 
providers.  

Similarly  to  monitoring,  the  most  widely  applied  penalties  (warnings,  fines  and  licence 
withdrawals) for VOD service providers were identical to those for linear service providers. 
However,  in  six  Member  States48,  the  penalties  for  VOD  service  providers  were  slightly 
different from those for broadcasters. More specifically, Czechia and Malta had lower fines for 
non-compliance  for  VOD  service  providers49,  while  Slovakia  applied  higher  fines50. 
Furthermore,  Estonia  and  the  Netherlands  had  a  narrower  set  of  penalties  for  VOD  service 
providers (for example, the Netherlands did not give warnings, only fines). In Bulgaria, there 
were no sanctions for VOD service providers in relation to Article 13 of the AVMSD whereas 
sanctions were in place in relation to Articles 16 and 17 of the AVMSD 51. 

47 Greece, Ireland, Latvia and Malta. 
48 Bulgaria, Czechia, Estonia, Malta, the Netherlands and Slovakia. 
49 Czechia had a maximum EUR 200 000 fine for broadcasters and EUR 40 000 for VOD service providers. Malta 
had a maximum EUR 300 000 fine for broadcasters and EUR 34 940 for VOD service providers.  
50 Slovakia had a maximum fine of EUR 6 638 for broadcasters and of EUR 10 000 for VOD service providers. 
51 For more information about monitoring and control procedures of prominence of European works in national 
laws, please see: 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  – 

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
2. 

APPLICATION OF ARTICLES 16 AND 17 OF THE AVMSD  

2.1. 

 Overview of the European linear audiovisual services market 

As a result of the pandemic, the average television viewing time per person increased in Europe 
with revenues generated through TV advertising simultaneously dropping in 2020. However, a 
year later, in 2021, the viewing time returned to a more usual level with advertising expenditure 
generally  increasing  again,  including  TV  advertising52.  The  three  main  sources  of  revenues 
were pay TV subscriptions, TV advertising and public funding. Together, they accounted for 
80% of all revenues, which have stagnated in the last few years53. 

Linear channels have been more divided along national borders compared to VOD services. 
Overall, 56% of TV viewing time was divided between the top 20 broadcasters in Europe54. 
Linear channels were, however, also influenced by large US-based companies: according to the 
European Audiovisual  Observatory,  in  the Netherlands, Spain and Germany, more than 100 
private TV channels had a US parent company55. 

According to the information provided by the Member States and the EEA EFTA countries, a 
total of 4 397 TV channels were operational in their jurisdiction in 2020 and 4 483 in 2021. The 
figure below illustrates the overall situation in 2020 and 2021, including also the channels that 
are exempted from the obligations under the Articles 16 and 17 of the AVMSD (for further 
information about exemptions, please see the next section 2.2). For comparison, at the end of 
2019, the European Audiovisual Observatory reported that 4 657 TV channels were available 
in the Member States including at that time the UK56. The highest number of TV channels was 
reported for Germany, with 573 and 577 channels in 2020 and 2021, respectively, followed by 
the  Netherlands  (499  in  both  years).  The  smallest  number  of  channels  was  reported  for 
Liechtenstein (1 in both years) and Belgium (French Community, with 20 and 19 in 2020 and 
2021, respectively). 

Ensuring  prominence  of  European  works  in  the  catalogues  of  on-demand  audiovisual  media  services  (2021), 
https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf. 
52 European Audiovisual Observatory, Yearbook 2022/2023 – Key trends, available at: https://rm.coe.int/yearbook-
key-trends-2022-2023-en/1680aa9f02, p. 30, 47. 
53  Commission  staff  working  document,  European  Media  Industry  Outlook,  SWD(2023) 150  final,  17.5.2023, 
p. 13. 
54 Ene, Laura, European Audiovisual Observatory,  Top players in the European AV industry  – Ownership and 
concentration – 2022 Edition, slide 16, January 2023, available at: https://rm.coe.int/top-players-in-the-european-
av-industry-2022-edition-l-ene/1680a9cb32. 
55 Schneeberger, Agnes, European Audiovisual Observatory, Audiovisual media services in Europe – 2022 edition, 
https://rm.coe.int/audiovisual-media-services-in-europe-2022-edition-a-
January 
schneeberger/1680a99e7d. 
56 European Audiovisual Observatory, Yearbook 2020/2021 – Key trends, available at: https://rm.coe.int/yearbook-
key-trends-2020-2021-en/1680a26056, p. 26. 

available 

2023, 

at: 

12 

 
 
 
 
 
 
 
 
 
Figure 4:  Number of TV channels in the EU and EEA EFTA countries, 2020-2021 

5000

4500

4000

3500

3000

2500

2000

1500

1000

500

0

4 397

2 236

2 161

2020

4 483

2 236

2 247

2021

Channels that are not exempted

Exempted channels

Source: the study, Member States’ reporting 

2.2. 

Possible exemption of channels with a very low  audience share and number of 
channels covered 

Article 16(3) of the AVMSD requires Member States to provide the Commission every 2 years 
with  a  report  on  the  application  of  Articles  16  and  17.  In  addition  to  exemptions  from  the 
reporting obligation, Article 16(1) and Article 17 of the AVMSD state that the obligation to 
promote European works (including independent works) does not extend to the time allotted to 
news,  sports  events,  games,  advertising,  teletext  services  and  teleshopping.  Furthermore, 
Article 17 states that the promotion must be practicable and appropriate, and Article 18 states 
that the obligation to promote European works does not apply to television broadcasts that are 
intended for local audiences and do not form part of a national network. This makes it possible 
to exempt services from obligations based on their specific genre, among other things. 

In  its  Revised  Guidelines  for  Monitoring  the  Application  of  Articles  16  and  17  of  the 
Audiovisual and Media Services (AVMS) Directive of July 2011 (the ‘Revised Guidelines’)57, 
the Commission detailed the possibility for channels with a very low audience share (below 
0.3%) to request an individual exemption from the reporting obligation. The underlying reasons 
for  this  exemption  are  the  flexible  wording  of  the  provisions  (‘where  practicable’)  and  the 
emergence of new and small channels. This exemption concerns only the reporting obligation 
and not the obligation to ensure the share of European works set out in the Directive. It is for 
the competent national authorities to grant such an exemption, and the Revised Guidelines set 

https://digital-strategy.ec.europa.eu/en/library/revised-guidelines-monitoring-application-articles-16-and-17-

57 
audiovisual-media-services-avms 

13 

 
 
 
 
 
 
 
 
out the detailed conditions for granting it. Additionally, under the Revised Guidelines, it is not 
necessary for national reports to include data on: 

•  channels  broadcasting exclusively  news, sporting events,  games,  advertising,  teletext 

services and teleshopping; 

•  broadcasts ‘intended for local audiences’ that do not ‘form part of a national network’ 

(as stated in Article 18 of the AVMSD); 

•  channels  broadcasting  entirely  in  a  language  that  has  no  official  status  as  one  of  the 

languages of one or more Member States; and 

•  broadcasts exclusively intended for reception in non-EU countries and not receivable 

by the public in a Member State with standard consumer equipment. 

Almost all national regulatory authorities reported that they had granted exemptions from the 
reporting  obligation  during  the  reference  period  (2020-2021).  The  most  cited  reason  for 
granting an exemption from the reporting obligation was an audience share below 0.3%58. Other 
reasons  mentioned  were  the  channel’s  local  or  regional  nature59,  channels  broadcasting 
exclusively  sports  or  news60,  teleshopping61,  a  relaxing  burning  fireplace62,  parliamentary 
proceedings63 or religious64 or adult65 content or a channel broadcasting entirely in a language 
that has no official status as one of the languages of one or more Member States66.  

As reported in the national data sheets, during the whole reference period, the total number of 
channels in the EU subject to either or both types of exemption amounted to 2 236, compared 
to  2 895  in  201967.  The  Netherlands  had  the  highest  number  of  exempted  channels  (410), 
followed by Hungary (228) and Luxembourg (219). Three Member States (Estonia, Latvia and 
Malta)  and  Liechtenstein  reported  not  having  any  exempted  channels.  Belgium68,  Bulgaria, 
Cyprus, Czechia, Finland and Iceland reported fewer than ten exempted channels in total. 

2.3. 

 Monitoring 

During the reference period, five Member States69 introduced legislative changes to strengthen 
their  monitoring  or  verification  systems.  A  further  three  Member  States70  made  legislative 
changes, requiring their competent authorities to provide the Commission every 2 years with a 
report  outlining  the  performance  of  broadcasters  in  fulfilling  their  obligations  pursuant  to 
Articles 16 and 17 of the AVMSD. 

58 E.g. Germany, Greece, Spain, Finland, Croatia, Italy, Lithuania, Luxembourg, the Netherlands, Poland, Sweden 
and Slovenia. 
59 E.g. Austria, Denmark, Greece, Hungary, Luxembourg, Slovakia and Slovenia. 
60  E.g.  Belgium  (French  and  Flemish  Communities),  Bulgaria,  Cyprus,  Czechia,  Germany,  Denmark,  Greece, 
Finland, France, Croatia, Ireland, Poland, Romania, Sweden and Slovenia. 
61 E.g. Czechia, Germany, Poland, Romania, Sweden and Slovenia. 
62 E.g. Hungary and Slovakia. 
63 Ireland. 
64 France. 
65 Greece. 
66 Sweden. 
67 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, 
p. 10,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). 
68 Flemish Community. 
69 Austria, Cyprus, Greece, Croatia and Sweden. 
70 Lithuania, Poland and Portugal. 

14 

 
 
 
 
 
 
 
 
 
During the reference period,  most Member States required broadcasters to submit an annual 
report to the competent authorities on the fulfilment of their obligations under Articles 16 and 
17 of the AVMSD71. Five Member States72 also carried out random checks throughout the year 
to gain up-to-date information on compliance with obligations at more regular intervals. Some 
Member States had more relaxed rules regarding the periodicity of monitoring: four Member 
States73 required reports on relevant data every 2 years and three Member States74 requested 
information on a case-by-case basis, without any particular periodicity. Three Member States 
had stricter rules than other Member States:  

-  Hungary required broadcasters to send data monthly (the competent authority examines 
the fulfilment of the obligations annually, on the basis of aggregated data for the whole 
year); 

-  Portugal  required  broadcasters  to  report  every  3 months  (the  competent  authority 

examines the fulfilment of the obligations annually); and 

-  Romania requested reports twice a year. 

Figure 5: Number of Member States using different monitoring frequencies, 2021 

30

25

20

15

10

5

0

19

3

1

1

1

4

5

Case-by-case

1 month

3 months

6 months

1 year

2 years

Random checks

Monitoring frequency*

Additional
monitoring

Source: the study, Member States’ reporting 
*Some  Member  States  have  different  monitoring  frequencies  for  public  broadcasters  and  commercial 
broadcasters, and are therefore included in multiple categories. 

20 Member States75  had a verification system  in  place, without specific procedural  rules  on 
verification.  In  four  Member  States76,  data  was  verified  by  way  of  sample-based  checks. 
Accordingly, in these Member States, the competent authority would randomly select samples 
of data  from  a  certain  period to  verify data included in  reports (for example,  Cyprus would 
randomly  select  2-week  samples).  Moreover,  the  authorities  in  three  Member  States77  used 
external services to assist with the verification process (for example, the competent authority in 
Spain was assisted by a law firm, selected through a public procurement process). In addition, 

71  Austria,  Belgium,  Cyprus,  Czechia,  Estonia,  Greece,  Spain,  France,  Croatia,  Ireland,  Italy,  Lithuania, 
Luxembourg, Latvia, Malta, the Netherlands (for public broadcasters), Poland, Sweden and Slovenia. 
72 Belgium, Croatia, Italy, Latvia and Poland. 
73 Germany (for public broadcasters), Denmark, Finland and the Netherlands (for commercial broadcasters). 
74 Bulgaria, Germany (for commercial broadcasters) and Slovakia. 
75  Austria,  Bulgaria,  Germany,  Denmark,  Estonia,  Greece,  Spain,  Finland,  Croatia,  Hungary,  Lithuania, 
Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Slovenia and Slovakia. 
76 Cyprus, Czechia, Ireland and Latvia. 
77 Spain, France and Italy. 

15 

 
 
 
 
 
 
 
 
the  Flemish  Community  in  Belgium  carried  out  a  risk  analysis  as  part  of  its  verification 
procedure  and  conducted  a  detailed  verification  if  there  were  discrepancies  in  the  data 
submitted. 

In  terms  of  the  number  of  employees  allocated  to  the  verification  of  data  provided  by 
broadcasters,  17  Member  States78  did  not  have  dedicated  human  resources  allocated  to  the 
verification  process.  The  remaining  10  Member  States  had  between  179  and  1080  dedicated 
employees. 

Regarding  the  EEA  EFTA  countries,  Liechtenstein  had  neither  a  monitoring  system  nor  a 
verification system. Norwegian legislation concerning monitoring and verification required an 
annual  report  and  the  incoming  information  was  checked.  Iceland  also  conducted  random 
checks on broadcasters throughout the year and involved professional accredited certification 
bodies  in  its  verification  system.  The  EEA  EFTA  countries  did  not  have  dedicated  human 
resources allocated to their verification systems. 

2.4. 

Application  of  Article 16  of  the  AVMSD  –  Majority  proportion  of  European 
works 

Article  16(1)  of  the  AVMSD  requires  Member  States  to  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 teleshopping81. Directive (EU) 2018/1808 did not introduce any changes 
to this Article. 

During the reference period, legislative changes in relation to the implementation of Article 16 
of the AVMSD took place in four Member States (Austria, French Community of Belgium, 
Greece and Croatia). These changes included Croatia imposing an obligatory quota of more 
than 50% on private broadcasters instead of the earlier minimum initial proportion of 20% with 
the aim of progressively increasing this proportion every year. The changes in other Member 
States were minor. In the EEA EFTA countries, there were no legislative changes related to 
Article 16 during the reference period. 

All Member States required broadcasters to reserve a majority proportion of their transmission 
time  for  European  works,  with  some  Member  States  setting  a  higher  proportion  (60%)  for 
public  broadcasters  (Hungary  and  Belgium82)  or  for  all  broadcasters  (France  and  Italy). 
Furthermore, during the reference period, nine Member States had specific quotas  for works 
produced in their official languages83. 

According to the data reported by Member States, the average share across linear audiovisual 
media services in all Member States appeared to reach the quota laid down in Article 16 of the 
AVMSD  in  the  reference  period,  except  for  Cyprus,  where  most  linear  audiovisual  media 
service providers did not appear to meet the obligatory minimum. However, the amount of data 
reported  on  compliance  with  the  quota  varied  a  lot  between  Member  States.  For  instance, 

78  Austria,  Belgium,  Bulgaria,  Cyprus,  Germany,  Denmark,  Greece,  Finland,  Hungary,  Ireland,  Lithuania, 
Luxembourg, Latvia, Malta, the Netherlands, Slovenia and Slovakia. 
79 Czechia, Poland and Portugal. 
80 Estonia, Spain, France, Croatia, Italy, Romania and Sweden. 
81 This is referred to as ‘qualifying time’ in this report. 
82 French and Flemish Communities. 
83 Greece, Spain, France, Croatia, Hungary, Italy, Latvia, Poland and Portugal. 

16 

 
 
 
 
 
 
 
 
 
 
 
Estonia reported data on almost  all  its linear audiovisual  media service providers,  while the 
Netherlands  only  reported  data  on  7  providers  in  2021  compared  to  87  in  2020  due  to  the 
national reporting obligations being primarily of biannual nature84. 

Based on the national reports, the average proportion of European works on linear services was 
68% in 2020 and 69% in 202185, compared to 72.6% reported in 201986. However, similarly to 
the average proportion of European works on VOD services (see Section 1.3) and the findings 
in the previous report, the data were based on the information provided by the Member States, 
which  was  not  complete  in  some  cases.  For  example,  Malta  did  not  report  on  the  share  of 
European works on linear services in the reference period at all and Ireland did not report in 
2021. Furthermore, those that did report on the share of European works on linear services did 
not do so for all services listed. For 2020, data on the proportion of European works was only 
provided for 1 267 linear services (59%) out of a total of 2 161 services that Member States 
reported as operating in their territory in 2020 and not being subject to exemptions during the 
whole reference period. In 2021, the corresponding figures were 1 276 linear services (57%) 
out of a total of 2 247 services. 

Figure 6: Share of European works on TV channels, 2020-2021 

69%
68%

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

e
g
a
r
e
v
A

T
A

)
R
F
(
E
B

)
L
N

(
E
B

G
B

Y
C

Z
C

E
D

K
D

E
E

L
E

S
E

I
F

R
F

R
H

U I
E
H

T
I

T
L

U
L

V
L

T
M

L
N

L
P

T
P

O
R

E
S

L
S

K
S

Source: the study, based on Member States’ reporting 

2020

2021

84 This is due to the fact that there are different reporting obligations in the Netherlands depending on the type of 
provider.  Public  broadcasters  are  required  to  report  annually,  while  commercial  broadcasters  should  report 
biennial. 
85 Member States were asked to report the share as a percentage of total qualifying time for a given year. Note that 
Belgium was counted twice since the Flemish and French Communities reported data separately. 
86 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, 
p. 11,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future  (europa.eu), where it was further noted that  the EU average transmission time 
dedicated to European works by all reported channels in the EU was 70.3% in 2015, 70.5% in 2016, 71.4% in 
2017, 70.9% in 2018, thus consistently varying slightly above 70%. 

17 

 
 
 
 
 
 
 
 
 
 
 
According to the independent analysis included in the study, which was based on a sample of 
15 Member States87 and over 900 eligible channels, the average share of European works as a 
proportion of qualifying time was 38%.  The data presented in the study captured the situation 
between  November  2022  and  January  2023,  as  it  was  not  possible  to  collect  catalogue  data 
retrospectively for 2020-2021. This is substantially below the average share of European works 
reported  by  the  Member  States  (68%  in  2020  and  69%  in  2021)88.  According  to  the  2021 
analysis conducted as part of the previous study, the average share of European works was 39% 
based on the catalogues of a smaller sample of 467 eligible channels in 11 Member States89. 

Based on the sample, Germany, Belgium, Spain and Poland stood out with over 30 channels 
dedicating more than 50% of their transmission time to European works. Across all Member 
States included in the sample, a total of 263 channels (out of 900) dedicated over 50% of their 
transmission time to European works, while 131 channels dedicated less than 11%. Compared 
to  the  previous  study,  conducted  by  the  same  study  team90,  the  data  from  the  current  study 
demonstrate progress, and significantly more channels dedicate over 50% of their transmission 
time to European works, covering more Member States than before. At the same time, the most 
recent sample showed that the average share of European works was less than 50% in linear 
services in 11 Member States91. 

Several reasons can partially explain the differences between the findings of the study and the 
data provided in Member States’ reports. Firstly, the findings of the study are based on a limited 
sample  of  15  Member  States  instead  of  covering  all  Member  States92.  Secondly,  there  are 
certain differences between the methodologies used in the analysis included in the study and 
those used in the Member States’ own reports. Thirdly, the study did not take account of various 
national  rules  and  bilateral  agreements  on  co-productions  and  the  acquisition  of  copyright. 
Fourthly, the study analysed compliance at the level of individual channels and not at group 
level – it could be that certain channels broadcast more European works compared to others 
belonging to the same group. Finally, a significant caveat associated with this analysis is that 
the country of origin could only be determined for approximately 30-50% of the total number 
of  qualifying  works  analysed  in  the  study.  Interestingly,  the  current  figure  of  38%  remains 

services: 

87 The independent analysis of electronic programme guide data included the following Member States: Austria, 
Belgium, Czechia, Germany, Denmark, Estonia, Spain, France, Hungary, Italy, the Netherlands, Poland, Romania, 
Sweden and Slovakia. 
88  While  not  directly  comparable  due  to  different  definitions,  scopes  and  calculation  methods,  a  recent  study 
conducted by the European Audiovisual Observatory has found that European works accounted for 43% of first-
run works broadcast in the EU in 2022 on European TV channels. The study specifies that it does not intend to 
measure the quotas foreseen in the AVMS directive. Notably, the calculation of shares has been done on the basis 
of the number of titles and not their duration and therefore do not match the AVMSD criteria for assessment of 
quotas 
https://rm.coe.int/works-on-television-in-europe-2023-edition-july-2023-g-
linear 
for 
fontaine/1680ae68d3 
89 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, 
p. 12,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). 
90  European  Commission,  Directorate-General  for  Communications  Networks,  Content  and  Technology, 
Mosoreanu, M., Podobea, V., Ulicna, D., et al.,  Study on the practical implementation of the provisions of the 
audiovisual media services directive concerning the promotion of European works in audiovisual media services 
– Final report, Publications Office of the European Union, 2023 (https://data.europa.eu/doi/10.2759/211481). 
91    Sweden,  Belgium,  France,  Austria,  Slovakia,  Hungary,  the  Netherlands,  Czechia,  Denmark,  Estonia  and 
Romania. 
92 These Member States were selected as representing: (1) the largest audiovisual markets in the EU while also 
covering diversity between medium-sized and large markets; (2) diversity in terms of regions of the EU; and (3) 
diversity in terms of market fragmentation. They consist of 11 Member States covered in the previous study and 
four new Member States. 

18 

 
 
 
 
 
 
 
steady  when  compared  to  the  previous  study,  where  a  sample  of  11  Member  States  was 
analysed93. 

2.5. 

Application  of  Article 17  of  the  AVMSD  –  European  works  created  by 
independent producers (independent productions) and recent works 

Article  17  of  the  AVMSD  requires  Member  States  to  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 of their programming budget, for European works created by producers who are independent 
of broadcasters. Furthermore, Article 17 requires that this share is achieved by earmarking an 
adequate proportion for recent works, namely works that are transmitted within 5 years of their 
production. Directive (EU) 2018/1808 did not introduce any changes to this Article. 

During  the  reference  period,  legislative  changes  in  relation  to  Article 17  took  place  in  five 
Member States (Austria, Germany,  France, Croatia and  Italy). These  changes included  Italy 
raising the proportion of the programming budget to be reserved for independent productions 
from 10% to 12.5% for commercial linear services, and from 15% to 17% for public media 
service providers as of 2021. In the EEA EFTA countries, there were no legislative changes 
related to Article 17 during the reference period. 

During the reference period, six Member States94 had rules in place on the transmission time 
and/or programming budgets that set quotas higher than 10%. 12 Member States95 had specific 
sub-quotas for recent works. Three Member States96 had specific rules for national works, in 
the  form  of  a  sub-quota  for  works  of  original  expression  of  independent  producers.  Two 
Member States and one EEA EFTA country97 had language sub-quotas for independent works. 

On compliance in the reference period, based on data reports from Member States, most linear 
audiovisual media service providers in all Member States and EEA EFTA countries adhered to 
the obligation laid down in Article 17 on independent productions. The ability of broadcasters 
to  reach  the  target  appeared  to  be  particularly  high  in  15  Member  States98  and  in  Norway 
throughout the reference period. Nevertheless, similarly to the European works quota, the data 
reported on the fulfilment of obligations showed notable differences between Member States. 

Based  on  the  national  reports,  the  average  proportion  of  independent  productions  on  linear 
services in the Member States during the reference period was well above the threshold: 40.6% 

93  European  Commission,  Directorate-General  for  Communications  Networks,  Content  and  Technology, 
Mosoreanu, M., Podobea, V., Ulicna, D., et al.,  Study on the practical implementation of the provisions of the 
audiovisual media services directive concerning the promotion of European works in audiovisual media services 
– Final report, Publications Office of the European Union, 2023 (https://data.europa.eu/doi/10.2759/211481). 
94 Bulgaria, Finland, Croatia, Hungary, Italy and Slovakia. 
95  Belgium  (French  Community),  Czechia,  Spain,  Finland,  Croatia,  Hungary,  Italy  (although  implementing 
legislation  was  adopted  after  the  reference  period  in  2022),  the  Netherlands,  Poland,  Portugal,  Slovenia  and 
Slovakia. 
96 Estonia, Croatia and Hungary. 
97 Belgium (French Community), the Netherlands and Norway. 
98  Austria,  Belgium  (French  and  Flemish  Communities),  Cyprus,  Germany,  Estonia,  Greece,  Spain,  Finland, 
Croatia, Hungary, Italy, Malta, Poland, Romania and Slovenia. 

19 

 
 
 
 
 
 
 
 
 
 
in 2020 and 41.4% in 202199, compared to 40.8% reported in 2019100. However, as explained 
in the previous section, the data is based on the linear services included in the national reports, 
and  was  not  complete  in  some  cases.  Lithuania  and  Malta  did  not  report  on  the  shares  of 
independent  productions  on linear services at  all in  the reference period and Ireland did  not 
report in 2021. Furthermore, those Member States that did report on the shares of independent 
productions on linear services did not do so for all services listed. As a result, the robustness of 
the data is limited. For 2020, data on the proportion of independent productions was provided 
for 1 185 linear services (55%) out of a total of 2 161 services that Member States reported as 
operating  in  their  territory  in  2020  and  not  being  subject  to  exemptions  during  the  whole 
reference period. In 2021, the corresponding figures were 1 176 linear services (52%) out of a 
total of 2 247 services. 

The  average  transmission  time  dedicated  to  recent  European  works  as  a  percentage  of  total 
European  works  made  by  independent  producers  was  56.4%  in  2020  and  59.0%  in  2021  as 
reported by the Member States101 compared to 54.6% in 2019102.  

Figure  7:  Average  share  of independent  productions  and  average  transmission  time  dedicated  to  recent 
works as a percentage of independent productions across Member States, 2020-2021 

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

41%

41%

56%

59%

Independent productions

Recent works

2020

2021

Source: the study, Member States’ reporting 

According to the study, the share of recent European works was the highest in Belgium with 
10.5% and the lowest in Hungary with 2.4%, whereas the range was much larger from highest 

99 Member States were asked to report the share as a percentage of total qualifying time for a given year. Note that 
Belgium was counted twice since the Flemish and French Communities reported data separately. 
100 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, 
p. 13,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). 
101 Ibid. 
102 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, 
p. 13,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). 

20 

 
 
 
 
 
 
 
 
 
29.1% in Germany to lowest 0.9% the Netherlands in the previous report103. The independent 
analysis included in the study calculated figures based on an automated matching procedure 
with  a list  of independent  European production  companies104. According to  its  findings,  the 
average share of time allotted to European independent production ranged from 3% in Belgium 
and France to 1% in Slovakia. The overall share of independent European works was fairly low 
across all Member States (less than 3%) and appears lower than the shares calculated in the 
previous study. Nevertheless, noteworthy disparities between channels could be observed and 
depended on how independent productions were defined105. 

As with the calculation of the share of European works on linear channels, there are several 
reasons that can partially explain the differences in the calculation of the share of independent 
and  recent  productions  between  the  findings  of  the  study  and  the  data  provided  in  Member 
States’ reports. Firstly, the study constructed the list of European independent producers based 
on  previous  studies  and  desk  research  of  publicly  available  information  on  membership  of 
certain European-level associations, which may not have included all independent producers. 
Secondly, the names of some European independent production companies might have been 
spelled so differently in the databases that the automated matching procedure could not make a 
connection  between  them.  Lastly,  there  is  no  definition  of  ‘independent  productions’  in  the 
AVMSD and Member States may have construed the term differently. This could have been 
reflected in their figures. 

103 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, 
p. 14,  available  at:  Commission  reports  on  the  promotion  of  European  works  by  audiovisual  media  services  | 
Shaping Europe’s digital future (europa.eu). 
104 The study team used existing and third-party lists to identify independent productions as a proxy. 
105 The study team applied the definition of a ‘quasi-independent’ production, meaning that if at least one of the 
production companies involved in a co-production could be categorised as independent, the work was classified 
as an independent co-production. 

21 

 
 
 
 
 
 
 
 
 
3. 

GLOSSARY 

AVMSD means Directive 2010/13/EU as amended by Directive (EU) 2018/1808. 

EEA EFTA means the European Free Trade Association (EFTA) countries that are members 
of the European Economic Area (EEA): Iceland, Liechtenstein and Norway. 

Guidelines  means  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. 

Revised Guidelines means Revised Guidelines for Monitoring the Application of Articles 16 
and 17 of the Audiovisual and Media Services (AVMS) Directive of July 2011. 

VOD service means a video-on-demand service (a non-linear audiovisual media service), i.e., 
an  audiovisual  media  service  provided  by  a  media  service  provider  for  the  viewing  of 
programmes at the moment chosen by the user and at his individual request on the basis of a  
catalogue of programmes selected by the media service provider, as defined in Article 1(1)(g) 
of the AVMSD.  

AVOD service means advertising-based video-on-demand service. 

SVOD service means subscription-based video-on-demand service. 

TVOD service means transaction-based video-on-demand service. 

22