[ParlTrack]

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62 and 167 (2) thereof,

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 3

(3) Directive 2010/13/EU should remain applicable ~~only~~ to those services the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform ~~which is characterised by the absence of editorial responsibility~~. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 7

(7) In its Communication to the European Parliament and to the Council on Better Regulation for Better Results – an EU Agenda31 , the Commission stressed that when considering policy solutions, it will consider both regulatory and well- designed non-regulatory means, modelled on the Community of practice and the Principles for Better Self- and Co- regulation32 . A number of codes set up in the areas coordinated by the Directive have proved to be well designed, in line with the Principles for Better Self- and Co-regulation. The existence of a legislative backstop has been considered an important success factor in promoting compliance with a self- or co-regulatory code. It is equally important that the codes establish specific targets and objectives allowing for the regular, transparent and independent monitoring and evaluation of the objectives aimed by the codes. Graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme. These principles should be followed by ~~the self- and~~ co- regulatory codes adopted in the areas coordinated by this Directive. __________________ 3~~2https://ec.europa.eu/digital-single- market/communities/better-self-and-co- regulation 31~~1 COM(2015) 215 final COM(2015) 215 final

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 8 a (new)

(8a) Media pluralism requires citizens to access information, evaluate media contexts, and use, evaluate and create media content responsibly. Media literacy skills should be promoted so that citizens develop awareness, critical thinking and an open mindset as well as the ability to counter hate speech, extremist messages, propaganda and disinformation. Media literacy skills should also be promoted so that citizens understand the nature of content and services taking advantage of the full range of opportunities offered by communications technologies and so that they are safeguarded from harmful or offensive material.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 10

(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that ~~self-and~~ co-regulatory codes of conduct are used to effectively pre~~duce~~vent the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 11

(11) ~~Similarly,~~ Member States should be encouraged to ensure that ~~self-and~~ co- regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Certain co-regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompanyprevent or limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 12

(12) In order to remove barriers to the free circulation of cross-border services within the Union, it is necessary to ensure the effectiveness of ~~self- and~~ co-regulatory measures aiming, in particular, at protecting consumers or public health. When well enforced and monitored, codes of conduct at Union level might be a good means of ensuring a more coherent and effective approach.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 13

(13) The market for TV broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.Deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 14

(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not directly encouraging the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 15

(15) The liberalisation of product placement has not brought about the expected take-up of this form of audiovisual commercial communication. In particular, the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers. Product placement should thus be allowed in all audiovisual media services, subject to exceptions.deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 16

(16) Product placement should not be admissible in news and current affairs programmes, television coverage of national or non-national events of major importance for society, consumer affairs programmes, religious programmes and programmes with a significant children’'s audience or target children's audience. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant or target children’'s audience . Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 17

(17) The rule that a product should not be given undue prominence has proved difficult to apply in practice. It also restricts the take-up of product placement which, by definition, involves some level of prominent exposure to be able to generate value. TProduct placement should, in principle, be prohibited. Where derogations are provided by Directive 2010/13/EU, the requirements for programmes containing product placement should ~~thus~~ focus on clearly informing the viewers of the existence of product placement and on ensuring that the audiovisual media service provider's editorial independence is not affected.

2016/10/27
Committee: CULT

Liadh NÍ RIADA, Curzio MALTESE, Martina MICHELS

Proposal for a directive
Recital 18 b (new)

(18b) Broadcasters should promote the production and distribution of national and European works by ensuring that their catalogues contain a minimum share of national and European works and that those are given enough prominence.

2016/10/27
Committee: CULT

Liadh NÍ RIADA, Curzio MALTESE, Martina MICHELS

Proposal for a directive
Recital 18 c (new)

(18c) Broadcasters should promote linguistic diversity and promote the production of linguistically diverse works.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 19

(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, ~~it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. T~~the hourly limit should ~~thus~~ be abolished while a daily limit of 20% of advertising, teleshopping spots, product placement, sponsorship announcements within the period from 7:00 to 23:00 should be introduced.

2016/10/27
Committee: CULT

Liadh NÍ RIADA, Curzio MALTESE, Martina MICHELS

Proposal for a directive
Recital 21 a (new)

(21a) Providers of on-demand audiovisual media services should promote the linguistic diversity of the region in which it is operating.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 27

(27) As regards commercial communications on audiovisual media such as video-sharing platforms, they are already regulated by Directive 2005/29/EC of the European Parliament and of the Council, which prohibits unfair business- to-consumer commercial practices, including misleading and aggressive practices occurring in information society services. As regards commercial communications concerning tobacco and related products in video- sharing platforms, the existing prohibitions provided for in Directive 2003/33/EC of the European Parliament and of the Council, as well as the prohibitions applicable to communications concerning e-cigarettes and refill containers pursuant to Directive 2014/40/EU of the European Parliament and of the Council, ensure that consumers are sufficiently protected. The measures set out in this Directive therefore complement those set out in Directives 2005/29/EC, 2003/33/EC and 2014/40/EU.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 28

(28) A~~n import~~ significant share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to have editorial responsibility in order to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 29

(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 30

(30) It is appropriate to involve the audiovisual media service providers such as video-sharing platform providers ~~as much as possible~~ when implementing ~~the appropriate~~ measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear ~~and~~, consistent and harmonised approach in this regard across the Union, Member States should ~~not~~ be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred ~~than the ones provided for in this Directive. However, i~~. It should remain possible for Member States to take such stricter measures where that content is illegal, ~~provided that they comply with Articles 14 and 15 of Directive 2000/31/EC,~~ and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35 . It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 32

(32) ~~The~~Audiovisual media service providers such as video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 36

(36) ERGA ~~has~~and the contact committee have made a positive contribution towards consistent regulatory practice and hasve provided high level advice to the Commission and to the Member States on implementation matters. This calls for the formal recognition of ERGA and reinforcement of its role ~~in this Directive. The group should therefore be re-established~~ by virtue of this Directive.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Recital 38

(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. ~~In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces.~~ Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations, in conformity with Union law. Audiovisual media service providers should therefore exercise editorial responsibility by taking appropriate measures.

2016/10/27
Committee: CULT

Liadh NÍ RIADA, Curzio MALTESE, Martina MICHELS

Proposal for a directive
Recital 40 a (new)

(40a) Member States shall also require broadcasters under its jurisdiction to broadcast major political and sporting events that are considered to be of importance to society. Such events shall be accessible to persons with disabilities.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point i

(i) the service consists of the storage of a large amount of programmes or user- generated videos~~, for which the video- sharing platform provider does not have editorial responsibility~~;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)

Directive 2010/13/EU
Article 1 – paragraph 1 – point f a (new)

(ea) The following point is inserted: ‘(fa) "media literacy" means the ability of a citizen to access, understand, critically evaluate, create and interact with different aspects of media and media contents;’

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS, Liadh NÍ RIADA

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e b (new)

Directive 2010/13/EU
Article 1 – paragraph 1 – point f b (new)

(eb) The following point is inserted: ‘(fb) 'access service' means an add-on feature of the audiovisual media service that improves the accessibility of the programmes for people with functional limitations, including persons with disabilities. Access services include subtitles for the deaf and hard of hearing (SDH), audio description, spoken subtitles or audio subtitles and sign language interpretation;’

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2010/13/EU
Article 3 – paragraph 2 – point a

(a) manifestly, seriously and gravely infringes Articles 6 or, 12, or ~~both~~27;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2010/13/EU
Article 4 – paragraph 1

1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 27, 30 and 30a, provided that such rules are in compliance with Union law.;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d

Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1

Member States shall ~~encourage co-~~introduce regulation and ~~self~~encourage co-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codes shall be such that they are broadly accepted by the main stakeholders in the Member States concerned. The codes of conduct shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d

Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 2

Draft Union codes of conduct ~~referred to in Articles 6a (3), 9(2) and 9(4) and amendments or extensions to existing Union codes of conduct~~ shall be submitted to the Commission by the signatories of these codes.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 2010/13/EU
Article 6

Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.; Member States shall require broadcasters under their jurisdiction to broadcast events of major importance for society in an accessible way for people with functional limitations, including persons with disabilities.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2010/13/EU
Article 7

(10) Article 7 is ~~deleted;~~ replaced by the following: 'Article 7 1. Member States shall ensure that audiovisual media service providers secure that they gradually make their services accessible to persons with disabilities. Member States shall ensure that audiovisual media service providers provide access to SDH, audio description, spoken subtitles or audio subtitles and sign language interpretation, immediately after the entry into force of this Directive. 2. Access services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating accessible content in the least common time slots for the general audience. Member States shall encourage audiovisual media service providers to consult users' organisations, including organisations representing persons with disabilities, as regards prioritising the programmes to be made accessible. 3. Member States shall ensure that the audiovisual media service providers make their websites, online applications and mobile-based services, including mobile apps, which are used for the provision of their services, accessible in a consistent and adequate way in order to facilitate the perception and understanding of and operation by users, and in a robust way in order to facilitate interoperability with a variety of user agents and assistive technologies available at Union and international level. 4. Member States shall ensure that audiovisual media service providers provide accessible information about their services and, in particular, list and explain how to use the accessibility features of their services, including the complementarities with assistive technologies and other access services provided by third parties. 5. Emergency information, including public communications and announcements in natural disaster situations, which is made available to the public through audiovisual media services shall be provided in an accessible manner for persons with disabilities, including with SDH, sign language interpretation and audio message and audio description for any visual information.';

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a

Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1

Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans- fatty acids, salt or sodium and sugars.deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a

Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2

Those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codes should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and beverages.deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a

Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 3

The Commission and ERGA shall encourage the exchange of best practices on ~~self- and~~ co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct.;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS, Liadh NÍ RIADA

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)

Directive 2010/13/EU
Article 9 – paragraph 2 a (new)

(aa) The following paragraph is inserted: ‘2a. Member States and the Commission shall effectively prevent and minimise the exposure of children and minors to audiovisual commercial communications for foods and non- alcoholic beverages high in fat, trans-fatty acids, salt or sodium and sugars in television broadcasts, on-demand audiovisual media services and video- sharing platform services. To that end, no such audiovisual commercial communications shall be broadcast in the Union between 7:00 and 23:00. Member States and the Commission shall further prevent and minimise the exposure of minors to such audiovisual commercial communications by adopting legislation or encouraging the development of co- regulatory codes of conduct.’;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b

Directive 2010/13/EU
Article 9 – paragraph 3

3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages. Those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages.deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b

Directive 2010/13/EU
Article 9 – paragraph 4

4. The Commission and ERGA shall encourage the exchange of best practices on ~~self-~~regulatory and co-regulatory systems across the Union. ~~If consid~~Whered appropriate, the Commission shall facilitate the development of Union codes of conduct.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)

Directive 2010/13/EU
Article 9 – paragraph 1 – point e

(-a) In paragraph 1, point e is replaced by the following: (e) audiovisual commercial communications for alcoholic beverages shall not be ~~aimed specifically at~~created in a way to be attractive to minors and shall not encourage ~~immoderate~~ consumption of such beverages;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)

(ba) The following paragraph is added: ‘4a. Member States and the Commission shall effectively prevent and minimise the exposure of children and minors to audiovisual commercial communications for alcoholic beverages in television broadcasts, on-demand audiovisual media services and video- sharing platform services. To that end, no such audiovisual commercial communications shall be broadcast in the Union between 07:00 and 23:00. Member States and the Commission shall further prevent and minimise the exposure of children and minors to such commercial communications by introducing legislation or encouraging the development of co-regulatory codes of conduct.';

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/13/EU
Article 10 – paragraph 1 – point b

~~(b) they shall not directly encourage the purchase or rental of goods or services;;~~deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2010/13/EU
Article 11 – paragraph 2

2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children's audience.deleted

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)

‘(ba) alcoholic beverages;'

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2010/13/EU
Article 11 – paragraph 4 – point b b (new)

‘(bb) foods and non-alcoholic beverages high in fat, trans-fatty acids, salt or sodium and sugars.’

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 17

Directive 2010/13/EU
Article 23 – paragraph 1

1. The daily proportion of television advertising spots ~~and~~, teleshopping spots, product placement and sponsorship announcements within the period between 7:00 and 23:00 shall not exceed 20 %.

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 17

Directive 2010/13/EU
Article 23 – paragraph 2

2. Paragraph 1 shall not apply to: (a) broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group; (b) (c)deleted announcements made by the sponsorship announcements; product placements.;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS

Proposal for a directive
Article 1 – paragraph 1 – point 18

Directive 2010/13/EU
Chapter VIII

~~(18) Chapter VIII is~~ deleted;

2016/10/27
Committee: CULT

Curzio MALTESE, Nikolaos CHOUNTIS, Martina MICHELS