EU Audiovisual Observatory report on post-Brexit rules

Post Brexit Rules for the European Audiovisual SectorThis can be seen here – it covers…

  • how trade relations between the UK and the EU are now governed by the so-called Trade and Cooperation Agreement (TCA).
  • EU state aid rules no longer applies to the UK
    the TCA chapter on subsidy control explicitly excludes subsidies related to the audiovisual sector from its scope.

Also…

  • movement of people and goods.
  • how EU creative workers (such as film crew members) moving to the UK for temporary work must now adhere to the tier 5 visa system and thus obtain a certificate of sponsorship from a licensed employer beforehand.

  • public support – although the UK has lost direct access to the Creative Europe Programme, many international training courses and industry initiatives funded by Creative Europe will remain open to UK participants under its new programme running from 2021 to 2027.
  • the UK government has promised the delivery of a Global Screen Fund, worth GBP 7m for 2021/22.

Importantly, as the EU state aid rules no longer apply to the UK and the TCA chapter on subsidy control explicitly excludes subsidies related to the audiovisual sector from its scope, it’s the World Trade Organisation (WTO) agreement on subsidies which will remain relevant in the UK.

  • Audiovisual media services: UK audiovisual media services received or transmitted in the EU no longer benefit from the freedom of reception and retransmission contained in the EU’s Audiovisual Media Services Directive.

It follows that EU countries are theoretically entitled, based on their own national law and, where applicable, on the rules of the European Convention on Transfrontier Television, to restrict reception and retransmission of audiovisual media services originating from the UK.

The report explains the new rules concerning licensing and jurisdiction for UK and EU services.

Finally, intellectual property: the new framework concerning different areas such as :

  • cable retransmission,
  • satellite broadcasting
  • cross-border portability of online content services
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