Audiovisual Media Services Directive: Implementation Appraisal

This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in
practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as foreseen in the European Commission's Annual Work Programme.

Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external
organisations. They are provided to assist parliamentary committees in their consideration of the new proposals, once tabled.Since its entry into force, the regulatory framework established by the Audiovisual Media Services Directive proved to be rather effective in achieving its goal of enabling the development and free circulation of audiovisual media services in the European Union. However, given the technological developments that led to a convergent audiovisual environment, it needs to be further adapted in order to better respond to market developments and new viewing patterns and habits.

The European Parliament, the Council, the European Economic and Social Committee and the European Committee of the Regions have asked for adaptations of the current regulatory framework in order to better reflect the implications of the new convergent media context. In particular, they called on the European Commission to assess the current distinction of the regulatory framework between linear and non-linear services, to enforce the provisions related to minors and consumer protection, to ensure the respect of the freedom of media, to enforce the promotion of European works and to assess the implementation of self and co regulation arrangements.

Implementation reports, evaluations and studies confirmed the need to address AVMSD related issues at EU level and pointed out that some of the rules are no longer fit for purpose in a changed digital context. The new proposal adopted by the Commission in May 2016 (COM (2016)287), addresses several concerns raised by the Parliament including protection of minors, promotion of European audiovisual works and commercial communications.

Authors: Roxana Osiac, Milan Remáč

• Primary Source

EP: EPRS: Briefing: Implementation Appraisal: Ex-ante Impact Assessment http://www.europarl.europa.eu/thinktank/en/search.html?policyAreas=EXIMAS

ESO: Background information: Proposal for a Directive of the European Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities http://www.europeansources.info/record/proposal-for-a-directive-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-audi/

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