05/02/2025 - The tool compares how European countries promote their films, series and TV programmes, and is intended for anyone interested in understanding national legislation

The European Audiovisual Observatory (EAO) has come up with a resourceful new tool, OPUS, which enables users to explore how media laws regarding audiovisual products are applied across all EU countries, as well as Iceland, Liechtenstein, Norway, Switzerland and the UK. These laws can be found in the Audiovisual Media Services Directive (AVMSD), which contains specific articles – Articles 13 (1, 2 and 6), 16 and 17 – focusing on the promotion of European and independent works.

The OPUS database allows users to make the following searches: “How is each article of the AVMSD applied in each country? What quotas apply to VoD and linear services in each country? Where can I find the text of the national legislation concerning each article?” An overview of all measures applied in each individual country can be exported as an Excel table. OPUS also contains links to each piece of national legislation in the language of the respective country.

When asked about the objectives and aims of the project, Maja Cappello, head of the EAO’s Department for Legal Information, and Justine Radel-Cormann, legal analyst, answered: “In 2022, the European Audiovisual Observatory created a database hosted in an Excel file to compile information on national quotas for European audiovisual works. It was accessible on the EAO’s website, but the size of it was so big that we soon realised that it was neither user-friendly nor intuitive. This led the EAO to develop OPUS, a website designed to present the same data in an accessible and visually engaging format. OPUS is intended for anyone interested in understanding national legislation on the promotion of European works, such as policymakers, industry professionals and researchers. The goal is to simplify complex legal frameworks and highlight essential information, such as quotas, investment obligations and prominence tools at a glance.”

The duo also noted that the most significant differences among countries arise from the flexibility granted by the AVMSD. While this piece of EU legislation sets out clear objectives, member states have the freedom to decide how to implement them. Additionally, certain provisions of the directive, such as financing obligations for European works, are optional and not mandatory, leading to further variation across countries.

All EU member states must meet the minimum quota of 30% European works in their on-demand service catalogues, but some have gone above and beyond this requirement. While most countries have transposed the 30% European works quota, some have introduced additional requirements: some nations require providers to allocate part of this general quota to specific types of content. France and Italy, for instance, have implemented sub-quotas for cinematographic productions. Belgium (minus the German-speaking community), France, Hungary, Italy, Poland and Spain have introduced specific requirements for original-expression works, ensuring national-language works feature in VoD catalogues.

Cappello and Radel-Cormann added: “Broadcasters face more obligations, such as dedicating a majority of their transmission time to European works. Here, too, some countries went beyond the AVMSD provisions by introducing sub-quotas for cinematographic productions and original-expression works. Besides, broadcasters must reserve at least 10% of their programming budget or airtime for independent productions, too.”

The AVMSD also allows EU member states to impose financial obligations on VoD services when they are targeting their country. It is an optional provision from the EU directive, so this has led to different treatments across the board, with some countries implementing such obligations while others have not. “For example, France implemented such a measure, and as result, in January 2025, Apple TV+ signed a new agreement with the French audiovisual industry (French producer and distributor unions) to invest more in European and French content [see the news].”

As confirmed by the two experts, the EAO plans to improve OPUS by introducing a comparative tool later this year that will allow users to analyse differences across countries directly on the website. Looking ahead, the Observatory plans to expand on related topics, such as levies imposed on audiovisual media service providers at the national level. These levies often fund national film initiatives, providing further insights into how European countries support their creative industries.