Activities of Mady DELVAUX related to 2016/0151(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities
Amendments (14)
Amendment 25 #
Proposal for a directive
Recital 1
Recital 1
(1) The last substantive amendment to Directive 89/552/EEC of the Council27, later codified by Directive 2010/13/EU of the European Parliament and of the Council28, was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29. Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services and video-sharing platforms, are now well-established. An updated legal framework is therefore required in order to reflect developments in the market and to achieve a balance between access to online content services and consumer protection. __________________ 27 Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 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 298, 17.10.1989, p. 23). 28 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). 29 Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 332, 18.12.2007, p. 27).
Amendment 32 #
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The Commission can ask the European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions on jurisdiction upon the Commission's request.
Amendment 35 #
Proposal for a directive
Recital 7
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 codes' period. Member States should ensure the enforcement of self-regulatory or co- regulatory codes. 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. __________________ 31 COM(2015) 215 final COM(2015) 215 final 32 https://ec.europa.eu/digital-single- market/communities/better-self-and-co- regulation
Amendment 39 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including particular parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.
Amendment 51 #
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcastingaudiovisual media services 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.
Amendment 63 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence in order to promote European production and preserve and encourage cultural diversity.
Amendment 97 #
Proposal for a directive
Recital 38
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 mediaguaranteeing media independence and pluralism, freedom of speech and expression 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.
Amendment 110 #
Proposal for a directive
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 a
Article 2 – paragraph 5 a
5a. ‘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. 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. In accordance with the principle of transparency, the Commission shall make the list referred to in this paragraph publicly accessible.
Amendment 114 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Where the Commission considers the notification as incomplete, it shall without delay request all necessary additional information. The Commission shall inform the Member State of the receipt of the response to that request.
Amendment 117 #
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the Commission has decided, after having consulted ERGAthe contact committee established pursuant to Article 29, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 142 #
Proposal for a directive
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2010/13/EU
Article 9 a (new)
Article 9 a (new)
(11a) The following article is inserted : Article 9a Member States may take appropriate measures to ensure discoverability and accessibility of audiovisual media services of general interest. These measures shall be proportionate and meet general objectives such as media independence and pluralism, freedom of speech and information and cultural diversity and shall be clearly defined by Member States in accordance with Union law. Member States may require providers of audiovisual media services which target audiences in their territories but are established in another Member State to comply with those measures.
Amendment 194 #
Proposal for a directive
Article 1 – point 19
Article 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity toWith due regard for the principle of transparency, the Commission shall make those codes of conduct public.
Amendment 203 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently and in accordance with the objectives of this Directive, regarding in particular media independence and pluralism, cultural diversity, consumer protection, internal market and the promotion of fair competition.
Amendment 210 #
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectively in accordance with this Directive and Union law.