DG CONNECT, the Commission’s Directorate General in charge of audiovisual media services, had announced their intention to commission a study on “the impact of advertising” earlier this year, but, according to the description available in the current tender, the scope covers all self- and co-regulatory initiatives aimed at implementing the AVMSD.  

The tender specification refers to those articles within the AVMSD encouraging Member States to promote co-regulation and self-regulatory systems at national levels (article 4.7) in particular in the area of food and beverage advertising in children’s programmes (article 9.2). 

The first Application Report on the AVMS Directive issued in May 2012 concluded that "in all but two Member States self-and co-regulatory schemes exist" and broadly stated that their impact had been positive. However the report also stated that "[f]urther work will have to establish the contribution that these initiatives make to attaining the level of protection required".  The study will therefore :

• Perform an inventory and general description of existing self- and co-regulation measures in the 28 Member States in the selected areas coordinated by the AVMS Directive.
• Undertake an analysis of the effectiveness of the systems in place.
• Identify best practice examples of self- and co-regulation in the selected areas coordinated by the AVMS Directive.

In carrying out this study, the successful contractor is expected to examine, in particular, initiatives in the areas of advertising and the protection of minors, as these are said to be two areas “where self- and co-regulation regulation has proved or has potential to prove its value”. The contractor is also expected to identify at least four examples of best practices as regards self-regulatory structures. 

Next steps: The deadline for submission by candidates is 6 May 2015 and the study is expected to be completed within 5 months after the start of the contract. The results of this study are expected to feed into the EU’s REFIT exercise, meant to inform the future revision of the AVMSD. Results of the REFIT exercise are expected before the end of 2015, and a proposal for a revision will be published in the course of 2016.

WFA priorities: This study has the potential of being another important step towards broader recognition and acceptance of self-regulation as a legitimate tool, following on from the recent OECD report. WFA will be proactive in ensuring that the efforts and investments made by our members are fully recognised in the context of this study.

Source:  World Federation of Advertisers April 2015