Position Paper on the Guidelines to be adopted pursuant to the revised AVMS Directive

The revised Audiovisual Media Services Directive (AVMSD) which was published in the Official Journal on 28 November 2018 has enlarged its scope to cover platforms where the principal purpose of the platform or of a dissociable section thereof or an essential functionality of the platform is the provision of programmes and/or user-generated videos, so-called "video-sharing platforms". Pursuant to Recital 5 of the revised AVMSD, the Commission should, where necessary, issue guidelines, after consulting the Contact Committee, on the practical application of the essential functionality criterion of the definition of a ‘video-sharing platform service’. The revised AVMSD also aims at strengthening the promotion of European works. Pursuant to Article 13(1), video-on-demand services will be required “to secure at least a 30% share of European works in their catalogues and to ensure the prominence of those works”. Article 13(6) provides for a mandatory exemption for companies with a low turnover or low audiences from this obligation. Pursuant to Article 13(7), the Commission shall, after consulting the Contact Committee, issue guidelines regarding the calculation of the share of European works in the catalogue of on-demand media service providers and the definition of low audience and low turnover. Bitkom would like to take the opportunity to comment on both issues in order to contribute to the process of establishing the respective guidelines.