Two years after the adoption of modernising EU TV rules removing outdated restrictions on digital TV over the internet, video on demand and mobile TV, only three countries – Belgium, Romania and Slovakia – have officially notified the European Commission of measures putting them in place, as required under EU law. EU countries had until 19 December 2009 to turn the modernised rules for Europe's audiovisual industry into national law.

The Audiovisual Media Services Directive (AVMS Directive) rebooted EU rules on traditional TV broadcasting for the digital age. The Directive creates a single market for all audiovisual media services, providing legal certainty for businesses and protection for consumers.

After the two year period given EU countries to transpose the new EU rules on TV and TV-like services like video on demand and mobile video, only Belgium, Romania and Slovakia have notified the Commission of full implementation. Denmark, France, Luxemburg and the UK have notified the Commission of some measures taken to put the AVMS Directive in place. Hungary's legislative process came to a complete halt after the draft law did not pass in Parliament.

The Directive has been partly put in place by Austria, Germany, Ireland, Malta and the Netherlands without the Commission being notified. In other countries, the draft law is still being discussed, has just been published, or is still in public consultation.

The new EU audiovisual rules make it easier for producers and providers of TV programmes to access financing from new forms of advertising such as split screen advertising or product placement, which is allowed in all programmes except news, documentaries and children's programmes. Broadcasters have more flexibility in programming with the removal of rules imposing a twenty minute period between advertising breaks.

These new rules strengthen Europe's TV and audiovisual industry by reducing regulation and creating a level-playing field for audiovisual media services "without frontiers". They ensure that public interest rules, like the protection of minors and human dignity, apply to all audiovisual services, including on-demand, over fixed, mobile or satellite networks.

Background

On 13 December 2005, the Commission proposed revising the "Television without Frontiers" Directive to address technological and market changes in audiovisual services. The Commission proposed a modernised Audiovisual Media Services Directive on 9 March 2007 paving the way for an early agreement by Parliament and Council. The European Parliament approved the Council's common position and the Directive entered into force on 18 December 2007.