BETA

Activities of Gilles LEBRETON related to 2021/0381(COD)

Legal basis opinions (0)

Amendments (38)

Amendment 92 #
Proposal for a regulation
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline andbetween online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
2022/09/16
Committee: JURI
Amendment 100 #
Proposal for a regulation
Recital 11
(11) Member States should not maintain or introduce, in their national laws, provisions diverging fromin contrast with those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full. The harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
2022/09/16
Committee: JURI
Amendment 110 #
Proposal for a regulation
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly, upon financial remuneration, for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
2022/09/16
Committee: JURI
Amendment 112 #
Proposal for a regulation
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
2022/09/16
Committee: JURI
Amendment 125 #
Proposal for a regulation
Recital 21
(21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service.
2022/09/16
Committee: JURI
Amendment 142 #
Proposal for a regulation
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.
2022/09/16
Committee: JURI
Amendment 171 #
Proposal for a regulation
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
2022/09/16
Committee: JURI
Amendment 177 #
Proposal for a regulation
Recital 46
(46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.
2022/09/16
Committee: JURI
Amendment 214 #
Proposal for a regulation
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States shouldmay designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).
2022/09/16
Committee: JURI
Amendment 232 #
Proposal for a regulation
Recital 66
(66) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Article 7(7) to further specify the form in which the requirements for the provision of information in the transparency notices according to that Article should be provided; and in respect of Article 12(8) to further specify the form in which the requirements of the provision of information about targeting should be provided. It is of particular importance that the Commission carries out appropriate consultations, including of experts designated by each Member State, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted
2022/09/16
Committee: JURI
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated online in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
2022/09/16
Committee: JURI
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: upon financial remuneration, of a message by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature, which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
2022/09/16
Committee: JURI
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; ordeleted
2022/09/16
Committee: JURI
Amendment 268 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.deleted
2022/09/16
Committee: JURI
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting, according to the provisions of its governing statute, on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those.
2022/09/16
Committee: JURI
Amendment 296 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that, upon financial remuneration, broadcasts, makes available through an interface or otherwise brings to the online public domain political advertising through any medium;
2022/09/16
Committee: JURI
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 1
1. Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging fromin contrast with those laid down in this Regulation.
2022/09/16
Committee: JURI
Amendment 303 #
Proposal for a regulation
Article 3 a (new)
Article 3 a Exemption of micro-undertakings The obligations laid down in this Regulation shall not apply to micro- undertakings qualified under art. 3 (1) of Directive 2013/34/EU.
2022/09/16
Committee: JURI
Amendment 333 #
Proposal for a regulation
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
2022/09/16
Committee: JURI
Amendment 348 #
Proposal for a regulation
Article 7 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
2022/09/16
Committee: JURI
Amendment 353 #
Proposal for a regulation
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings qualifying as micro, small and medium-sized enterprises under Article 3(3) of Directive 2013/34/EU.
2022/09/16
Committee: JURI
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice.
2022/09/16
Committee: JURI
Amendment 378 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest, authorised under national or Union law;deleted
2022/09/16
Committee: JURI
Amendment 388 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
7 a. Any information provided under this Article shall be used only in respect of the matter for which it was requested, meaning the purpose stated in the request transmitted by the entity under paragraph 2 to the provider of political advertising services.
2022/09/16
Committee: JURI
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 6
6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user- friendly, including for people with disabilities, even through the use of plain language.
2022/09/16
Committee: JURI
Amendment 405 #
Proposal for a regulation
Article 12 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.
2022/09/16
Committee: JURI
Amendment 414 #
Proposal for a regulation
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
2022/09/16
Committee: JURI
Amendment 415 #
Proposal for a regulation
Article 15 – paragraph 3
3. Each Member State shallmay designate one or morether competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
2022/09/16
Committee: JURI
Amendment 416 #
Proposal for a regulation
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
2022/09/16
Committee: JURI
Amendment 417 #
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to:
2022/09/16
Committee: JURI
Amendment 422 #
Proposal for a regulation
Article 15 – paragraph 8 – introductory part
8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State, the competenteach national authority of the Member State of the main establishment or other establishmwhere the service is provided is considered to be competent or ofn the representative, and the competent asupervisory and enforcement measures. Authorities of those otherdifferent Member States shall cooperate with and assist each other aswhere necessary. Unless already regulated by Union law, that cooperation shall entail, at least, the following:a competent authority may request, via the contact point referred to in paragraph 7, in a substantiated, justified and proportionate manner, another competent authority, where it is better placed, to take the supervisory or enforcement measures referred to in paragraphs 4 and 5. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
2022/09/16
Committee: JURI
Amendment 423 #
Proposal for a regulation
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;deleted
2022/09/16
Committee: JURI
Amendment 424 #
Proposal for a regulation
Article 15 – paragraph 8 – point b
(b) a competent authority may request, via the contact point referred to in paragraph 7, in a substantiated, justified and proportionate manner, another competent authority, where it is better placed, to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; andeleted
2022/09/16
Committee: JURI
Amendment 425 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.deleted
2022/09/16
Committee: JURI
Amendment 428 #
Proposal for a regulation
Article 15 – paragraph 9
9. Contact points shall meetexchange information periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
2022/09/16
Committee: JURI
Amendment 431 #
Proposal for a regulation
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction and the applicable legislation concerning data protection, where relevant, for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
2022/09/16
Committee: JURI
Amendment 437 #
Proposal for a regulation
Article 16 – paragraph 6
6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.deleted
2022/09/16
Committee: JURI
Amendment 439 #
Proposal for a regulation
Article 16 – paragraph 7
7. For infringements of the obligations laid down in Article 12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may impose within its scope of competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation.deleted
2022/09/16
Committee: JURI