[ParlTrack]

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Theodoros ZAGORAKIS, Louis MICHEL, Frédérique RIES, Andrea BOCSKOR

Proposal for a directive
Recital 9 a (new)

(9a) The right of persons with an impairment and of the elderly to participate and be integrated in the social and cultural life of the Union is linked to the provision of accessible audiovisual media services. Therefore Member States should take appropriate and proportionate measures to ensure that media service providers under their jurisdiction actively seek to make content accessible to those with visual or hearing disability by 2027. The accessibility requirements should be met through a progressive and continuous process, while taking into account the practical and unavoidable constraints that could prevent a complete accessibility, such as programmes or events broadcasted in real time. Appropriate accessibility measures could be developed through self-regulation and co-regulation

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR

Proposal for a directive
Recital 18 a (new)

(18a) Isolated advertising and teleshopping spots significantly disrupt television viewing, disproportionally affect the integrity of programmes and raise legitimate concerns with regard to their impact on consumers, particularly children, as they give undue prominence to a particular product or service. This Directive should therefore not allow isolated advertising and teleshopping spots, without any exception.

2016/10/27
Committee: CULT

Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)

Directive 2010/13/EU
Chapter II – Article – 2 b (new)

~~(The amendment seeks to amend a provision within the existing act that was not referred to in~~(2c) The following article is inserted: 'Article -2b 1. Audiovisual media services that are sponsored shall meet the following requirements: (a) their content and, in the case of television broadcasting, their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the service provider; (b) they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; (c) viewers shall be clearly informed of the existence of a sponsorship agreement. Sponsored programmes or user-generated videos shall be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in an appropriate way for programmes at the beginning and the end of the programmes or user-generated videos. 2. Audiovisual media services, user- generated videos or programmes shall not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products. 3. The sponsorship of audiovisual media services, video-sharing platform services, user-generated videos or programmes by undertakings whose activities include the manufacture or sale of medicinal products and medical treatment may promote the name or the image of the undertaking, but shall not promote specific medicinal products or medical treatments available only on prescription in the Member State within whose jurisdiction the media service provider falls.'" (This amendment applies throughout the text) Or. en the Commission proposal.)

2016/10/27
Committee: CULT

Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)

Directive 2010/13/EU
Chapter II – Article –2 c (new)

~~(The amendment seeks to amend a provision within the existing act that was not referred to in~~(2d) The following article is inserted: 'Article -2c 1. This Article shall apply only to programmes produced after 19 December 2009. 2. Product placement shall be admissible in user-generated videos and all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes or any other content aiming children's audience. 3. Programmes that contain product placement shall meet the following requirements: (a) their content and, in the case of television broadcasting, their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider; (b) they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; (c) they shall not give undue prominence to the product in question; (d) viewers shall be clearly informed of the existence of product placement. Programmes or user-generated videos containing product placement shall be appropriately identified at the start and the end of the programme. By way of exception, Member States may choose to waive the requirements set out in point (d) of the first subparagraph provided that the programme concerned has neither been produced nor commissioned by the service provider itself or a company affiliated to the service provider. In any event programmes or user- generated videos shall not contain product placement of: (a) tobacco products or cigarettes or product placement from undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products; (b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls.’ Or. en the Commission proposal.)

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)

Directive 2010/13/EU
Chapter II – Article –2 f (new)

(2g) The following article is inserted: ‘Article -2f 1. Member States shall, by appropriate means, ensure, within the framework of their legislation, that media service providers and video-sharing platform providers under their jurisdiction effectively comply with the provisions of this Directive. 2. Member States shall remain free to require media service providers and video- sharing platform providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles -2 to -2e, Article 7, Article 13, Article 16, Article 17, Articles 19 to 26, Articles 30 and 30a provided that such rules are in compliance with Union law and in respect of communicative freedoms. 3. Member States shall 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 broadly accepted by stakeholders in the Member States concerned. The codes of conduct shall clearly and unambiguously set out their objectives. National regulatory bodies shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at in these codes. The codes shall provide for effective enforcement by the national regulatory bodies, including effective and proportionate sanctions. 4. The Commission and ERGA shall encourage media service providers and video-sharing platform providers to exchange best practices on co-regulatory systems across the Union. 5. In co-operation with the Member States, the Commission shall facilitate the development of Union codes of conduct in consultation with media service providers and video-sharing platform providers where appropriate. Draft Union codes of conduct and amendments or extensions to existing Union codes of conduct shall be submitted to the Commission by the signatories of these codes. The contact committee established pursuant Article 29 shall approve the drafts, amendments or extensions of those codes on the basis of an opinion of ERGA. The Commission shall publish those codes. ERGA shall provide the Commission and the contact committee with a regular transparent and independent monitoring and evaluation of the achievement of the objectives aimed at in these Union codes of conduct. 6. If a national independent regulatory body concludes that any code of conduct or parts of it have proven to be not effective enough the Member State of this regulatory body remains free to require media service providers and video- sharing platform providers under their jurisdiction to comply with more detailed or stricter rules in compliance with Union law and in respect of communicative freedoms. Such legislation has to be reported to the Commission without delay. 7. Directive 2000/31/EC shall apply unless otherwise provided for in this Directive. In the event of a conflict between a provision of Directive 2000/31/EC and a provision of this Directive, the provisions of this Directive shall prevail, unless otherwise provided for in this Directive.’

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b

Directive 2010/13/EU
Article 2 – paragraph 5 a

5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. The list shall also include information on Member States, to which audiovisual media service is directed and language versions of the service. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information.

2016/10/27
Committee: CULT

Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b

Directive 2010/13/EU
Article 2 – paragraph 5 b

5b. Where, in applying Articles 3 and 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an preliminary draft opinion on the matter within 15 working days from submission of the Commission's request. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion. (This amendment applies throughout the text.)

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR

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

6. Member States may, in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified ~~in the shortest possible time~~within one month after their adoption to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES, Andrea BOCSKOR

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 media service providers under their jurisdiction make their services progressively accessible to people with a visual or hearing disability aiming for a complete accessibility by the end of 2027. 2. With regard to the implementation of this Article, Member States shall encourage self and co-regulatory codes of conduct. The Commission and ERGA shall encourage media service providers to exchange best practices across the Union. 3. By ..; [three years after the entry into force of this Directive] and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and the European Economic and Social Committee a report on the application of this Article.';

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 16

Directive 2010/13/EU
Article 20 – paragraph 2

(16) In Article 20, paragraph 2, the first sentence is replaced by the following: ‘The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 20 minutes.’deleted

2016/10/27
Committee: CULT

Marc JOULAUD, Bogdan Brunon WENTA, Jean-Marie CAVADA, Louis MICHEL, Frédérique RIES, Andrea BOCSKOR

Proposal for a directive
Article 1 – paragraph 1 – point 19

Directive 2010/13/EU
Article 28 b – paragraph 2 a (new)

2a. Where, in applying paragraph 1, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request ERGA to provide an opinion on the matter within 15 working days from the submission of the Commission's request.

2016/10/27
Committee: CULT

11 Amendments of Andrea BOCSKOR related to 2016/0151(COD)

ParlTrack - 2011-2024