186 Amendments of Isabella ADINOLFI related to 2016/0151(COD)
Amendment 20 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 62168 (1) and (5) thereof,
Amendment 35 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is important that regulatory actions limit the possibility that a person affected by any kind of vulnerability (social, economic, psychological, health- related, etc.) is exposed to ideas or values that reinforce his or her perception of vulnerability. It is equally important to avoid persuasive actions that present the consumption of a product or service as a clear, straightforward remedy for that vulnerability.
Amendment 100 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 62168 (1) and (5) thereof,
Amendment 102 #
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which mayand video-sharing platform providers effectively provide clear information to viewers, prior and during the programme as well as before and after any interruption, about content which may damage or disturb minors and in particular impair their physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 110 #
Proposal for a directive
Recital 3
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 objectively 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 objectively dissociable from their main activity. Such objectivity could be achieved combining two perspectives: the perception by viewers and the intention of providers. 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.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
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 andshall adopt measures to minimise the exposure of adolescents to commercial communications of foods and non-alcoholic 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. The Commission and the Member States shall take into consideration the WHO Regional Office for Europe’s nutrient profile model, in order to achieve the objective laid down in the first subparagraph..
Amendment 115 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to ensure the effective implementation of this Directive, it is crucial for Member States to keep up-to- date, transparent records of the audiovisual media service providers and video-sharing platform providers under their jurisdiction and regularly share those records with their competent independent regulatory authorities and the Commission. Those records should include information about the criteria on which jurisdiction is based.
Amendment 121 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In the fields coordinated by this Directive, there are innovative areas where, on the one hand, an immediate regulatory effort could be too costly or risky at the present stage, and on the other hand, customer protection, stimulating investment or the other general goals of this Directive could benefit from the existence of some sort of rules. In such cases, Member States could authorise the industrial players in the field, as well as other stakeholders, to develop such rules under agreements for co-regulation or self-regulation. Member States could seek the assistance of standardisation bodies on this matter as such assistance could be valuable due to their expertise in the field. Open mandates for co-regulation and self-regulation should define with all necessary detail the framework within which these activities should be developed in each specific case. It is important that the regulatory authorities do not consider co-regulation and self-regulation as an area outside of their responsibilities, but provide criteria and monitor on such initiatives, since they will likely evolve, should they prove successful, in parallel with technological evolution in the field. Co-regulation or self-regulation frequently gives rise in the not too distant future, to proper regulation.
Amendment 123 #
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 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. __________________ 31 COM(2015) 215 final 32 https://ec.europa.eu/digital-single- market/communities/better-self-and-co- regulation
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
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 lshall adopt measures to minimise the exposure of adolescents to commercial communications of alcoholic beverages. Commercial communications preceding, following or interrupting programmes targeting adolescents’ audience between 7:00 and 23:00 shall be prohibited. Without prejudice to the adoption of regulatory measures, Member States and the Commission shall encourage the development of self- and co-regulatory initiatives, including code of conducts, to further minimitse the exposure of minors to audiovisualadolescents to such commercial communications for alcoholic beveragesaccompanying or included in programmes with a significant minors’ audience.
Amendment 133 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including 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. It is advisable to differentiate between children and adolescents, taking into account the current evolution of European societies. 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 143 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is important that regulatory actions limit the possibility for a person affected by any kind of vulnerability, such as, inter alia, a social, economic, psychological or health-related vulnerability, to be exposed to ideas or values that reinforce his or her perception of vulnerability. It is equally important to avoid persuasive actions that present the consumption of a product or service as a clear, straightforward remedy for that vulnerability. Because we are all vulnerable in one or more dimensions, and we will be more or differently vulnerable in other periods of life, this principle provides an important basis for public policy in this field.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2010/13/EU
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 151 #
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self-and co- regulatory codes of conduct are used to effectively limprohibit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Minors beyond thirteen years of age should anyway be protected by exaggerate exposure. 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 shcould be further encouraged, in line with a clear regulatory framework, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 159 #
Proposal for a directive
Recital 12
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, in line with a clear regulatory framework, 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.
Amendment 161 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In a society where the use of the world wide web has become normal, highly accessible and practically continuous, the intensive insertion of commercial communication in general audiovisual programmes should be assessed under a new perspective. Currently, the public can easily obtain detailed comparative information about practically any category of products. It is thus clear that it cannot be argued anymore that commercial communication "intends to inform the public". Contrary to that, it aims to shape the worldview of the spectator, who is only considered as a mere consumer. It aims to create a need, to present the advertised product or service with an irresistible aura of desirability, and to induce consumption. It can thus be argued that current commercial information is substantially more persuasive than informative.
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take all the necessary and appropriate measures to ensure that programmes provided by audiovisual media service providers and video-sharing platform providers under their jurisdiction, which mayight impair the physical, mental or moral development of minors, or harm the physical, mental or moral integrity of elderly people and vulnerable categories are only made available in such a way as to ensure that minors and such categories will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other adequate and effective technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 164 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
Amendment 165 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In many categories of products and services, the actual differences between competitors are extremely narrow and in order to win a customer or make a sale possible, it is necessary to create the psychological perception of a difference. In such a terrain, it is clear that commercial communication exclusively based on information would not be effective. In order to sell that perceptive difference, commercial communication is required to deliver a growing proportion of non-informative contents.
Amendment 166 #
Proposal for a directive
Recital 12 d (new)
Recital 12 d (new)
(12d) Commercial communication has a growing cost for society. First, a direct cost, since its growing impact on the cost structure of the producer must be borne by the retailer and in the end by the final customer, who might pay less for the same product, production & distribution costs, margins and taxes being equal, if the advertising costs would diminish. Moreover, when presented in audiovisual media it imposes a severe consumption of time on the spectator, which can be economically assessed, and which takes place regardless of his or her decision to purchase or not. Second, it has a series of indirect costs, deriving on the one hand from the consumption habits instilled on the public and on the other hand from the increased use of resources and generation of waste which derives from accelerated consumption.
Amendment 167 #
Proposal for a directive
Recital 12 e (new)
Recital 12 e (new)
(12e) In a world where whoever who is interested in a product or service can take personal initiative in order to obtain exhaustive information about that product or service, a new policy aim should be established whereby nobody should be forced to see, or to avoid, a commercial communication which he or she does not want to see. As a consequence, linear programming of audiovisual services should guarantee the existence of a substantial amount of spaces free of commercial communication. In non- linear programming, the right to opt-out should be guaranteed for any viewer.
Amendment 172 #
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcasting has evolved and that there is a need for more flexibilityclarity, in the public interest, 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, hasshould lead to a greater choice for viewers, who canshould be able to easily switch to alternative offers.
Amendment 179 #
Proposal for a directive
Recital 14
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 announcementsSponsorship can contain promotional references to the goods or services of the sponsor, while not directlyon condition that does not encouraginge 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.
Amendment 182 #
Proposal for a directive
Recital 15
Recital 15
Amendment 193 #
Proposal for a directive
Recital 16
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significanttargeting children’s audience. In particular, evidence shows that product placement and embedded advertisements can affect children’sminors' behaviour as childrenminors 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 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.
Amendment 194 #
Proposal for a directive
Recital 17
Recital 17
Amendment 198 #
Proposal for a directive
Recital 18
Recital 18
(18) As the increase in the number of new services has led to a greater choice for viewers, broadcasters are given greater flexibility with regard to the insertion of advertising and teleshopping spots where this doesThe insertion of advertising and spots should not unduly impair the integrity of programmes. YetSpecifically, in order to safeguard the specific character of the European television landscape, interruptions for cinematographic works and films made for television as well as for some categories of programmes that still need specific protection should remain limited.
Amendment 215 #
Proposal for a directive
Recital 19
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. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introducedThe hourly limit for advertising should be restricted to an hour limit of 15%.
Amendment 223 #
Proposal for a directive
Recital 20
Recital 20
Amendment 286 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation shcould therefore be encourvisaged. With a view to ensuring a clear and consistent 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, 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).
Amendment 353 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2010/13/EU
Article 1 – paragraph 1 – point a – point i
Article 1 – paragraph 1 – point a – point i
(i) a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes, under the editorial responsibility of a media service provider, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC. Such an audiovisual media service is either a television broadcast as defined in point (e) of this paragraph or an on-demand audiovisual media service as defined in point (g) of this paragraph;;
Amendment 354 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point a – point i a (new)
Article 1 – paragraph 1 – point a – point i a (new)
Amendment 355 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point a – point ii
Article 1 – paragraph 1 – point a – point ii
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 2010/13/EU
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) ‘programme’ means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established by a media service provider, including feature- length films, and videos of short duration, regarding length; regarding content, possible examples include sports events, situation comedies, documentaries, children’s programmes and original drama, etc.;
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d a (new)
Article 1 – paragraph 1 – point 1 – point d a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(da) Article 1, paragraph 1, point c is replaced by the following: "(c) 'editorial responsibility' means the exercise of effective control both over the selection of the programmes and over their organisation either in a chronological schedule, in the case of television broadcasts or any other linear service under the scope of this Directive, or in a catalogue, in the case of on-demand audiovisual media services or any other non-linear service under the scope of this Directive. Editorial responsibility does not necessarily imply any legal liability under national law for the content or the services provided;" (The amendment seeks to amend a provision within the existing act - Article 1, paragraph 1,Or. en point c - that was not referred to in the Commission proposal.)
Amendment 391 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point d b (new)
Article 1 – paragraph 1 – point d b (new)
(ea) The following point is inserted: (db) 'minors' means any person who does not have reached the age of majority;
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e b (new)
Article 1 – paragraph 1 – point 1 – point e b (new)
(eb) The following point is inserted: (dc) 'children' means any minor under the age of 13 years;
Amendment 393 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e c (new)
Article 1 – paragraph 1 – point 1 – point e c (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point d d (new)
Article 1 – paragraph 1 – point d d (new)
(ec) The following point is inserted: (dd) 'adolescents' means any minor between the age of 13 years and the age of majority;
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(ea) Article 1, paragraph 1, point h is replaced by the following: "(h) 'audiovisual commercial communication' means images with or without sound which are designed to promote, directly or indirectly, the goods, services or image of a natural or legal entity pursuing an economic activity. Such images, which are delivered through the same channel of a media service, accompany or are included in a programme in return for payment or for similar consideration or for self- promotional purposes. Forms of audiovisual commercial communication include, inter alia, television advertising, sponsorship, teleshopping and product placement;" (The amendment seeks to amend a provision within the existing act - Article 1, paragraph 1,Or. en point h - that was not referred to in the Commission proposal.)
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e b (new)
Article 1 – paragraph 1 – point 1 – point e b (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e c (new)
Article 1 – paragraph 1 – point 1 – point e c (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point j
Article 1 – paragraph 1 – point j
(ec) Article 1, paragraph 1, point j is replaced by the following: "(j) 'surreptitious audiovisual commercial communication' means the representation inby any combination of words or, pictures and sounds of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the media service provider to serve as advertising and might mislead the public as to its nature. Such representation shall, in particular, be considered as intentional if it is done in return for payment or for similar consideration;" (The amendment seeks to amend a provision within the existing act - Article 1, paragraph 1,;" Or. en point j - that was not referred to in the Commission proposal.)
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e d (new)
Article 1 – paragraph 1 – point 1 – point e d (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point k
Article 1 – paragraph 1 – point k
Amendment 403 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e e (new)
Article 1 – paragraph 1 – point 1 – point e e (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point l
Article 1 – paragraph 1 – point l
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e f (new)
Article 1 – paragraph 1 – point 1 – point e f (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point m
Article 1 – paragraph 1 – point m
(ef) Article 1, paragraph 1, point m is replaced by the following: "(m) 'product placement' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a programme, in return for payment or for similar consideration;" (The amendment seeks to amend a provision within the existing act - Article 1, paragraph 1,Or. en point m - that was not referred to in the Commission proposal.)
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e g (new)
Article 1 – paragraph 1 – point 1 – point e g (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point m a (new)
Article 1 – paragraph 1 – point m a (new)
(eg) The following point is inserted: ‘(ma) 'Branded entertainment' means a type of audiovisual commercial communication which presents itself under the appearance of non-commercial entertainment, with the real goal of using the whole audiovisual product as a vehicle for conveying the brand's personality and messaging. It aims to deliver a deep symbolic representation of the promoted brand and, to this end, it uses scantily, or not at all, its direct representation. It is funded by the company aiming to promote its brand, and it is explicitly conceived as a part of its marketing strategy.’
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e h (new)
Article 1 – paragraph 1 – point 1 – point e h (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point m b (new)
Article 1 – paragraph 1 – point m b (new)
(eh) The following point is inserted: ‘(mb) 'public service obligations' means any obligations imposed on a public or private organisation, by legislation or contract, to provide a service of preeminent public interest, consisting in informing, educating or entertaining by means of audiovisual media services;’
Amendment 431 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – introductory part
Article 1 – paragraph 1 – point 3 – point a – introductory part
Directive 2010/13/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(a) in pParagraph 3, point (b) is replaced by the following: is replaced by the following: 'For the purposes of this Directive, a media service provider shall be deemed to be established in the Member State where its head office is located. This choice represents a definitive choice of jurisdiction for all the purposes regarding this Directive.'
Amendment 433 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2010/13/EU
Article 2 – paragraph 4
Article 2 – paragraph 4
(aa) In Article 2, paragraph 4 is amended as follows: "4. Media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of athe Member State in the following cases: (a) they use a satellite up-link situated in that Member State; (b) up-link situated in thatwhere they have chosen to have tax residence. This choice represents a definitive choice of jurisdiction for all purposes regarding this Directive. Where the tax residence can be established in two or more Member States, they use satellite capacity appertaining to that Member State." (The amendment seeks to amend a provision within the existing act - Article 2, paragraph 4 - Member States concerned shall ensure that the provider clearly and promptly declares in which of these Member States it shall be deemed to have tax residence. This declaration cannot be changed until the end of the fiscal year." although they do not use a satellite Or. en that was not referred to in the Commission proposal.)
Amendment 446 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 a
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. 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, which shall be made effectively and easily accessible to the public.
Amendment 448 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 b
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. TWhere necessary, the Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an 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. In any case, the Commission shall decide on the matter within 30 working days from the submission of the Member States' request and shall publish its decision including the supporting rationale, in a transparent and easily accessible manner.
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6 or, 7, 9, 120, or both11 or 12; or;
Amendment 478 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) during the 123 months preceding the notification referred to in point (b) of this paragraph, the media service provider has, in the opinion of the Member State concerned, an alleged contravenedtion of point (a), (b) or (c) of paragraph 2 has been detected on at least two occasions;
Amendment 481 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) during the 12 months preceding the notification referred to in point (b) of this paragraph, in the opinion of the Member State concerned, an alleged contravention of point (b) of paragraph 2 has been detected on at least two occasions;
Amendment 482 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the Member State concerned has notified, in writing, the media service provider , the Member State which has jurisdiction over the provider and the Commission in writing of the alleged contraventions and of the measures it intends to take should any such alleged contraventions occur or are detected again;
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) the media services provider has contravened point (a), (a a), (b) or (c) of paragraph 2, or a contravention thereof has been detected, at least once after the notification provided for in point (b) of this paragraph;
Amendment 488 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Amendment 489 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
The Commission shall, within three months following the notification of the measures taken by the Member State in application of paragraphs 2 and 3 and after having consulted ERGA, take a decision on whether those measures are compatible with Union law, in particular in light of their substantial compliance with the Union's objectives of protection laid down in Articles 6, 7, 9, 10, 11 and 12 of this Directive and the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within three months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 506 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Without prejudice to the Member State’'s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time, in particular in light of their substantial compliance with the Union's objectives of protection laid down in Articles 6, 7, 9, 10, 11 and 12 of this Directive and the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures.
Amendment 510 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
7a. All the measures derogating from paragraph 1 shall be objectively necessary, applied in a non- discriminatory manner and proportionate to the objectives referred to in paragraph 2.
Amendment 512 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Member States and the Commission shall regularly exchange experiences and best practices regarding the procedure set out in paragraphs 2 to 7 in the framework of the contact committee established pursuant to Article 29 and ERGA. The Commission shall make these best practices effectively and easily accessible to the public.;
Amendment 519 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph 1
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, 30 and 30a, provided that such rules are in compliance with Union law.;
Amendment 526 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Directive 2010/13/EU
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) assesses that a broadcastaa) In Article 4 (2), point b, is replaced by the following: (b) assesses that a media service provider under the jurisdiction of another Member State provides a television broadcastn audiovisual media service which is wholly or mostly directed towards its territory; (The amendment seeks to amend a provision within the existing act - Article 4, paragraph 2,Or. en point b - that was not referred to in the Commission proposal.)
Amendment 528 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a b (new)
Article 1 – paragraph 1 – point 5 – point a b (new)
Directive 2010/13/EU
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
(ab) In Article 4 (2), subparagraph 2 is replaced by the following: it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems posed. On receipt of a substantiated request by the first Member State, the Member State having jurisdiction shall request the broadcastmedia service provider to comply with the rules of general public interest in question. The Member State having jurisdiction shall inform the first Member State of the results obtained following this request within 2 months. Either Member State may invite the contact committee established pursuant to Article 29 to examine the case. (The amendment seeks to amend a provision within the existing act - Article 4, paragraph 2,Or. en subparagraph 2 - that was not referred to in the Commission proposal.)
Amendment 532 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/13/EU
Article 4 – paragraph 3
Article 4 – paragraph 3
(b) in paragraph 3, the following second subparagraph is inserted after point (b) of the first subparagraph: is replaced by the following: ‘The first Member State may adopt appropriate measures against the media service provider concerned where it assesses that: (a) the results achieved through the application of paragraph 2 are not satisfactory; and (b) the media service provider in question has established itself in the Member State having jurisdiction in order to circumvent the stricter rules that would be applicable, in the fields coordinated by this Directive, to it if it were established in the first Member State. The Member State which took steps in accordance with points (a) and (b) of paragraph 2 should substantiate the grounds on which it bases its assessment of the alleged circumvention and publish the decision or equivalent legal instrument containing the measures adopted, including the corresponding rationale. The Member State which took steps in accordance with points (a) and (b) of paragraph 2 should substantiate the grounds on which it bases its assessment of the alleged circumvention and publish the decision or equivalent legal instrument containing the measures adopted, including the corresponding rationale. Such measures shall be objectively necessary, applied in a non- discriminatory manner and proportionate to the objectives which they pursue.;’
Amendment 536 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) it has notified the Commission and the Member State in which the broadcastmedia service provider is established of its intention to take such measures while substantiating the grounds on which it bases its assessment;
Amendment 539 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) it has respected the rights of defence of the broadcastmedia service provider concerned and, in particular, has given the broadcastmedia service provider the opportunity to express its views on the alleged circumvention and the measures the notifying Member States intends to take;
Amendment 541 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 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 ERGA, that the measures are compatible with Union law, in particular in light of their compliance with the Union's objectives of protection laid down in paragraph 1 and the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union, and that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 552 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
Amendment 559 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
Draft Union codes of conduct-regulation and self- regulation initiatives 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 codinitiatives.
Amendment 561 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
The Commission may ask ERGA to give an opinion on the drafts, amendments or extensions of those codes. The Commission may publish those codes as appropriate-regulation and self- regulation initiatives.
Amendment 562 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d a (new)
Article 1 – paragraph 1 – point 5 – point d a (new)
Directive 2010/13/EU
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
(da) The following paragraph is inserted: ‘7a. The Commission shall ensure that new co-regulation and self-regulation initiatives, including codes of conducts, and amendments or extensions to existing co-regulation and self-regulation initiatives shall be made effectively and easily accessible to the public, before their adoption.’
Amendment 567 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/13/EU
Chapter III – Title
Chapter III – Title
PROVISIONS APPLICABLE TO AUDIOVISUAL MEDIA SERVICES AND VIDEO-SHARING PLATFORMS;
Amendment 569 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
(7) in Article 5, point (d) is replaced by the following: (d) Member States shall ensure that audiovisual media service providers and video sharing platform under their jurisdiction shall make easily and effectively accessible to the recipients of a service at least the following information: (i) the name of the media service provider; (ii) the geographical address at which the media service provider is established; (iii) the details of the media service provider or video sharing platform, including its electronic mail address or website, which allow it to be contacted rapidly in a direct and effective manner; (iv) the Member State having jurisdiction over the media service providers or video sharing platform and the competent regulatory authorities or supervisory bodies. (v) any other Member States where the media service provider or video sharing platform maintains production or editorial activities.;
Amendment 577 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers or video sharing platforms under their jurisdiction do not contain any incitement to violence or hatred, in particular when directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic owhich may entail a discrigmin, religion or belief, disability, age or sexual orientatation as provided for in Article 21 of the Charter of Fundamental Rights of the European Union.;
Amendment 584 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 1
Article 6 a – paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which mayand video-sharing platform providers effectively provide clear information to viewers, prior and during the programme as well as before and after any interruption, about content which may damage or disturb minors and in particular impair their physical, mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 592 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 2
Article 6 a – paragraph 2
2. For the implementation of this Article, Member States shall encouragewithout prejudice to the adoption of regulatory measures, Member States may allow co-regulation.
Amendment 596 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 3
Article 6 a – paragraph 3
3. The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union. Where appropriate, the Commission shallmay facilitate the development of Union codes of conduct. In any case, such best practices shall be made effectively and easily accessible to the public, in line with Article 4 (7a).
Amendment 612 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deletedreplaced by the following: ‘Article 7 ‘Member States shall ensure that media service providers under their jurisdiction, in particular the subjects in charge of public service obligations, provide their services in means, modes and formats accessible and usable for persons with disabilities and functional limitations, in order to reach a high quality accessibility throughout the Union.’;
Amendment 619 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 8
Article 8
Amendment 622 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Amendment 623 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a a (new)
Article 1 – paragraph 1 – point 11 – point -a a (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(-aa) In paragraph 1, point a is replaced by the following: (a) audiovisual commercial communications shall be readily recognisable as such. S by viewers. Any kind of surreptitious audiovisual commercial communication shall therefore be prohibited; (The amendment seeks to amend a provision within the existing act - Article 9, paragraph 1,Or. en point a - that was not referred to in the Commission proposal.)
Amendment 624 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a b (new)
Article 1 – paragraph 1 – point 11 – point -a b (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point c – point ii
Article 9 – paragraph 1 – point c – point ii
(-ab) In point c of paragraph 1, point ii is replaced by the following: (ii) include, tolerate or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; (The amendment seeks to amend a provision within the existing act - Article 9, paragraph 1, provided for in Article 21 of the Charter of Fundamental Rights of the European Union; Or. en point c, point ii - that was not referred to in the Commission proposal.)
Amendment 625 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a c (new)
Article 1 – paragraph 1 – point 11 – point -a c (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point c – point iv
Article 9 – paragraph 1 – point c – point iv
(-ac) In point c of paragraph 1, point iv is replaced by the following: (iv) encourage behaviour grossly prejudicial to the protection of the environment; (The amendment seeks to amend a provision within the existing act - Article 9, paragraph 1,Or. en point c, point iv - that was not referred to in the Commission proposal.)
Amendment 626 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a d (new)
Article 1 – paragraph 1 – point 11 – point -a d (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point c – point iv a (new)
Article 9 – paragraph 1 – point c – point iv a (new)
Amendment 627 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a e (new)
Article 1 – paragraph 1 – point 11 – point -a e (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(-ae) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (The amendment seeks to amend a provision within the existing act – Article 9, paragraph 1,In paragraph 1, point e is replaced by the following: (e) all forms of audiovisual commercial communications that feature and/or promote gambling, gaming and collection of bets shall be prohibited; Or. en point e - that was not referred to in the Commission proposal.)
Amendment 628 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a f (new)
Article 1 – paragraph 1 – point 11 – point -a f (new)
(-af) In paragraph 1, point f is replaced by the following: (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (The amendment seeks to amend a provision within the existing act – Article 9, paragraph 1,shall be prohibited; Or. en point f - that was not referred to in the Commission proposal.)
Amendment 629 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a g (new)
Article 1 – paragraph 1 – point 11 – point -a g (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
(g)-af) In paragraph 1, point g is replaced by the following: (g) all forms of audiovisual commercial communications sthall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire at feature and/or promote financial product ors and service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other s that prove to be harmful for consumers, especially those containing intrinsic risks which are not easily and immediately recognisable by the laypersons, or unreasonably show minors in dangerous situations. (The amendment seeks to amend a provision within the existing act – Article 9, paragraph 1,shall be prohibited; Or. en point g - that was not referred to in the Commission proposal.)
Amendment 630 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a h (new)
Article 1 – paragraph 1 – point 11 – point -a h (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
Amendment 631 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a i (new)
Article 1 – paragraph 1 – point 11 – point -a i (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point g b (new)
Article 9 – paragraph 1 – point g b (new)
Amendment 634 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
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 andshall adopt measures to minimise the exposure of adolescents to commercial communications of foods and non-alcoholic 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. The Commission and the Member States shall take into consideration the WHO Regional Office for Europe's nutrient profile model, in order to achieve the objective laid down in the first subparagraph.
Amendment 645 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 646 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Amendment 653 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
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 lshall adopt measures to minimise the exposure of adolescents to commercial communications of alcoholic beverages. Commercial communications preceding, following or interrupting programmes targeting adolescents' audience between 7:00 and 23:00 shall be prohibited. Without prejudice to the adoption of regulatory measures, Member States and the Commission shall encourage the development of self- and co-regulatory initiatives, including code of conducts, to further minimitse the exposure of minors to audiovisual adolescents to such commercial communications for alcoholic beveragesaccompanying or included in programmes with a significant minors' audience.
Amendment 656 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. If consid for the purpose set out in paragraph 2, subparagraph 4, and paragraph 3, subparagraph 3. Whered appropriate, the Commission shall facilitate the development of Union codes of conduct. The Commission shall make these best practices effectively and easily accessible to the public.
Amendment 670 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 673 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2010/13/EU
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(12a) In Article 10, the following point is inserted: ‘(ba) their content shall not mislead or deceive viewers by using surreptitious commercial communications or subliminal techniques;’
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2010/13/EU
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(12b) In Article 10, paragraph 1, point c is replaced by the following: "(c) viewers shall be clearly, properly and effectively informed of the existence of a sponsorship agreement. Sponsored programmes shall be clearly, properly and effectively identified as such by the name, logo, symbol 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, during and/distinctive sign of the sponsor in an appropriate way for programmes, at the beginning, at the end as well as after any interruption of the programmes. An additional clear distinctive indication, common for all sponsored programmes, shall be maintained on the screen, or equivalent interface, for atll the endduration of the programmes." (The amendment seeks to amend a provision within the existing act - Article 10, paragraph 1,; Or. en point c - that was not referred to in the Commission proposal.)
Amendment 676 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 c (new)
Article 1 – paragraph 1 – point 12 c (new)
Directive 2010/13/EU
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 677 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 c (new)
Article 1 – paragraph 1 – point 12 c (new)
Directive 2010/13/EU
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 678 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 e (new)
Article 1 – paragraph 1 – point 12 e (new)
Directive 2010/13/EU
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 679 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 f (new)
Article 1 – paragraph 1 – point 12 f (new)
Directive 2010/13/EU
Article 10 a (new)
Article 10 a (new)
(12f) The following article is inserted: ‘Article 10a Branded entertainment shall be subject to the rules laid down in Articles 9 and 10.';
Amendment 680 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11
Article 11
Amendment 689 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 693 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The derogation provided for in point (a) shall not apply to children’s programmes. (The amendment seeks to amend a provision within the existing act - Article 11, paragraph 3,programmes targeting minors' audience. Or. en subparagraph 2 - that was not referred to in the Commission proposal.)
Amendment 694 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
Amendment 696 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 3
Article 11 – paragraph 3 – subparagraph 3
Amendment 697 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 698 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
Amendment 699 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 710 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 1
Article 12 – subparagraph 1
Member States shall take all the necessary and appropriate measures to ensure that programmes provided by audiovisual media service providers and video-sharing platform providers under their jurisdiction, which mayight impair the physical, mental or moral development of minors, or harm the physical, mental or moral integrity of elderly people and vulnerable categories are only made available in such a way as to ensure that minors and such categories will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other adequate and effective technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 715 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 2
Article 12 – subparagraph 2
The most harmful content, such as gratuitous violence and, bullying, racism, consumerism, classism, bullying, endangerment or exploitation of environment, pornography, shall be subject to the strictest measures, such as encryption and effective parental controls.
Amendment 718 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. In any case, Member States shall define a precise set of safeguard measures aiming at protecting viewers according to consumer and civic constitutional rights and Article 2 and 3 of TEU.
Amendment 726 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that providers of on- demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in their catalogue and ensure prominence of these worksprovided by media service providers under their jurisdiction adequately and effectively promote and produce quality European works. Member States shall lay down specific rules addressed to subjects in charge of public service obligations in order to fulfil the objective set out in the first subparagraph.
Amendment 746 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but not established in other Member Statestherein to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 750 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall, on the basis of the information provided by Member States and of an independent studyERGA, report to the European Parliament and to the Council on the application of paragraphs 1 and 2, taking into account the market and technological developments and the objective of cultural diversity.
Amendment 753 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall waive the requirements laid down in paragraphs 1 and 2 for providers under their jurisdiction with a low turnover or low audience or if they are small and micro enterprises. Member States may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on- demand audiovisual media service, start-ups or independent producers. Member States shall adopt measures to achieve the goal set out in paragraph 1 with regard to independent producers, small and micro enterprises and start-ups.
Amendment 759 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/13/EU
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 760 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2010/13/EU
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Amendment 761 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/13/EU
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/13/EU
Article 14 – paragraph 3
Article 14 – paragraph 3
(15d) Article 14, paragraph 3, is replaced by the following: 3. Member States shall ensure, by appropriate means within the framework of their legislation, that broadcasters under their jurisdiction do not exercise the exclusive rights purchased by those broadcasters after 18 December 2007 in such a way that a substantial proportion of the public in another Member State is deprived of the possibility of following events which are designated by that other Member State in accordance with paragraphs 1 and 2 by whole or partial live coverage or, where necessary or appropriate and proportionate for objective reasons in the public interest, whole or partial deferred coverage on free television as determined by that other Member State in accordance with paragraph 1. (The amendment seeks to amend a provision within the existing act - Article 14 - that was notOr. en referred to in the Commission proposal.)
Amendment 767 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2010/13/EU
Article 15 – paragraph 2 – paragraph 3
Article 15 – paragraph 2 – paragraph 3
Amendment 768 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/13/EU
Article 15 – paragraph 2 – paragraph 6 a (new)
Article 15 – paragraph 2 – paragraph 6 a (new)
Amendment 769 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/13/EU
Article 16 – paragraph 1
Article 16 – paragraph 1
(15c) In Article 16, paragraph 1 is replaced by the following: 1. Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve for quality European works a majorityn adequate proportion of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria. (The amendment seeks to amend a provision within the existing act - Article 16, paragraph 1 -Member States may lay down rules addressed to subjects in charge of public service obligations in order to fulfil the objective set out in the first subparagraph. Or. en that was not referred to in the Commission proposal.)
Amendment 772 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/13/EU
Article 17
Article 17
(15d) Article 17 is replaced by the following: ‘Article 17 Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve at least 10 %an adequate proportion of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping, or alternately, at the discretion of the Member State, at least 10 %n adequate proportion of their programming budget, for quality European works created by producers who are independent of broadcasters. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria. It must be achieved by earmarking an adequate proportion for recent works, that is to say works transmitted within 5 years of their production.’ (The amendment seeks to amend a provision within the existing act - Article 17 - that was not Member States may lay down specific rules addressed to subjects in charge of public service obligations in order to fulfil the objective set out in the first subparagraph.’ Or. en referred to in the Commission proposal.)
Amendment 773 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 e (new)
Article 1 – paragraph 1 – point 15 e (new)
Directive 2010/13/EU
Article 19 – paragraph 1
Article 19 – paragraph 1
(15e) In Article 19, paragraph 1 is replaced by the following: 1. Television advertising and teleshopping shall be readily and effectively recognisable and distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be kept quiteclearly distinct from other parts of the programme by optical and/or acoustic and/or spatial means. (The amendment seeks to amend a provision within the existing act - Article 19, paragraph 1 -Or. en that was not referred to in the Commission proposal.)
Amendment 774 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 f (new)
Article 1 – paragraph 1 – point 15 f (new)
Directive 2010/13/EU
Article 19 – paragraph 2
Article 19 – paragraph 2
(15f) In Article 19, paragraph 2 is replaced by the following: 2. Isolated advertising and teleshopping spots, other than in transmissions of sports events, shall remain the exception." (The amendment seeks to ame and shall not impair the integrity of such events and a provision within the existing act - Article 19, paragraph 2 -grammes." Or. en that was not referred to in the Commission proposal.)
Amendment 779 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
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. cinematographic works and news programmes may be interrupted by television advertising once for each scheduled period of at least 45 minutes. The transmission of children's programmes targeting adolescents' audience may be interrupted by television advertising once for each scheduled period of at least 60 minutes, provided that the scheduled duration of the programme is greater than 60 minutes. No television advertising shall be inserted during programmes targeting a children's audience and religious services. Member States shall ensure that broadcasters will keep detailed records of the effective programming and use of the whole commercial spaces with the clear indication of the type of commercial communication effectively broadcasted and shall make them effectively and easily accessible to the public.
Amendment 786 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/13/EU
Article 21
Article 21
Amendment 793 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Amendment 794 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 c (new)
Article 1 – paragraph 1 – point 16 c (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
Amendment 809 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 2015 %.
Amendment 818 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 819 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Amendment 823 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point b
Article 23 – paragraph 2 – point b
Amendment 826 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
Amendment 833 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Directive 2010/13/EU
Article 24
Article 24
Amendment 834 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 b (new)
Article 1 – paragraph 1 – point 17 b (new)
Directive 2010/13/EU
Article 26
Article 26
(17b) Article 26 is replaced by the following: Without prejudice to Article 4, Member States may, with due regard for Union law, lay down stricter conditions other than those laid down in Article 20(2) and Article 23 in respect of television broadcasts intended solely for the national territory which cannot be received directly or indirectly by the public in one or more other Member States. (The amendment seeks to amend a provision within the existing act - Article 26 - that was notOr. en referred to in the Commission proposal.)
Amendment 837 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Chapter IX a (new) – title
Chapter IX a (new) – title
PROVISIONS APPLICABLE ONLY TO VIDEO- SHARING PLATFORM SERVICES
Amendment 849 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) protect minors from content which may impair their physical, mental or moral development or the physical, mental or moral integrity of elderly people and vulnerable categories, according to Articles 6 a and 12;
Amendment 859 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred, in particular when 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 origiwhich may entail a discrimination as provided for in Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 865 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 – paragraph 1 – point b a (new)
Article 28 – paragraph 1 – point b a (new)
‘(ba) make their platform accessible in a consistent and adequate way for users' perception, operation and understanding, and in such a way that facilitates interoperability. Video-sharing platform providers shall facilitate the necessary authoring tools for users to create and share accessible content. In this regard, Member States shall lay down specific rules addressed to subjects in charge of public service obligations.’
Amendment 874 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest, taking into the utmost consideration the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 880 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2
Article 28 a – paragraph 2 – subparagraph 2
Amendment 884 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
Amendment 890 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b
Article 28 a – paragraph 2 – subparagraph 2 – point b
Amendment 895 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point c
Article 28 a – paragraph 2 – subparagraph 2 – point c
Amendment 898 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point d
Article 28 a – paragraph 2 – subparagraph 2 – point d
Amendment 900 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point e
Article 28 a – paragraph 2 – subparagraph 2 – point e
Amendment 902 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point f
Article 28 a – paragraph 2 – subparagraph 2 – point f
Amendment 911 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 3
Article 28 a – paragraph 3
3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, without prejudice to the adoption of regulatory measures, Member States shallmay encourage co- regulation initiatives as provided for in Article 4(7).
Amendment 923 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – paragraph 5
Amendment 935 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 6
Article 28 a – paragraph 6
6. Member States shall ensure that complaint and redress mechanismsput in place under their jurisdiction administrative complaint and redress mechanisms, in compliance with the freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union, are available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2. This provision shall not prejudice civil and criminal remedies, according to national law.
Amendment 940 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 7
Article 28 a – paragraph 7
7. The Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct. The Commission shall publish these best practices in an effectively and easily accessible manner.
Amendment 945 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. VAccording to Article 4 (7), 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 to those codes of conductshall ensure that draft Union co-regulation and self-regulation initiatives and amendments or extensions to existing Union codes of conduct shall be made effectively and easily accessible to the public, before their adoption.
Amendment 957 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 3
Article 28 b – paragraph 1 – subparagraph 3
For the purposes of applying the second subparagraph, where there are several subsidiaries each of which are established in different Member States, or where there are several other entities of the group each of which are established in different Member States, the Member States concerned shall ensure that the provider designatclearly and promptly declares in which of these Member States it shall be deemed to have been established. This declaration shall not be changed during the calendar year.
Amendment 959 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 2
Article 28 b – paragraph 2
2. Member States shall communicate to the Commission a list of the video- sharing platform providers established on their territory and the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities hand the public have easy and effective access to this information.
Amendment 965 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2010/13/EU
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(19a) In Article 29 (2) point a is replaced by the following: (a) to facilitate effective implementation of this Directive through regular consultation on any practical problems arising from its application, and particularly from the application of Article 2, as well as on any other matters on which exchanges of views are deemed useful; (The amendment seeks to amend a provision within the existing act - Article 29, paragraph 2,; Or. en point a - that was not referred to in the Commission proposal.)
Amendment 966 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2010/13/EU
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(19b) to deliver own-initiative opinions or opinions requested by the CommissIn Article 29 (2), point b is replaced by the following: (b) to deliver opinions on the application by the Member States of this Directive; (T, either amendment seeks to amend a provision within the existing act - Article 29, paragraph 2,t its own-initiative or requested by the Commission or by ERGA; Or. en point b - that was not referred to in the Commission proposal.)
Amendment 967 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Article 1 – paragraph 1 – point 19 c (new)
Directive 2010/13/EU
Article 29 – paragraph 2 – point d
Article 29 – paragraph 2 – point d
(19c) In Article 29 (2), point d is replaced by the following: (d) to discuss the outcome of regular consultations which the Commission holds with representatives of broadcasting organisations, producers, consumers, manufacturers, service providers and trade unions and the call stakeholders involved in this Direactive community; (The amendment seeks to amend a provision within the existing act - Article 29, paragraph 2,; Or. en point d - that was not referred to in the Commission proposal.)
Amendment 968 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 d (new)
Article 1 – paragraph 1 – point 19 d (new)
Directive 2010/13/EU
Article 29 – paragraph 2 – point e
Article 29 – paragraph 2 – point e
(19d) In Article 29 (2), point e is replaced by the following: (e) to facilitate the exchange of information between the Member States and the Commission on the situation and the development of regulatory activities regarding audiovisual media services, taking account of the Union's audiovisual policy, as well as relevant developments in the technical field; (The amendment seeks to amend a provision within the existing act - Article 29, paragraph 2,; Or. en point e - that was not referred to in the Commission proposal.)
Amendment 969 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 e (new)
Article 1 – paragraph 1 – point 19 e (new)
Directive 2010/13/EU
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) to examine any development arising in the sector on which an exchange of views appears useful. (The amendment seeks to amend a provision within the existing act - Article 29, paragraph 2,19e) In Article 29 (2), point f is replaced by the following: (f) to discuss or examine any regulatory or technical matter or development arising in the sector, either in the Union or in third countries, on which an exchange of views appears useful. Or. en point f - that was not referred to in the Commission proposal.)
Amendment 970 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 f (new)
Article 1 – paragraph 1 – point 19 f (new)
Directive 2010/13/EU
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Amendment 976 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that theymay, according to their national constitutional law, designate independent national regulatory authorities or equivalent public bodies for the application of this Directive. Member States shall ensure that the designated independent national regulatory authorities or equivalent public bodies are legally distinct and functionally independent of any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.
Amendment 985 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Member States shall ensure that independent national regulatory authorities or equivalent public bodies exercise their powercompetences impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversity, consumer protection, internal market and the promotion of fair competiaccessibility of the audiovisual media services, protection of fair competition in the internal market and the implementation of public service obligations.
Amendment 991 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Amendment 993 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
‘2a. Members of independent national regulatory authorities or equivalent public bodies shall be publicly selected amongst the persons with objectively demonstrated high professional experience and competence in the field. They shall not have held government office, elective office at any level, assignments or any other office in political parties, during the seven years prior to the appointment. Members of independent national regulatory authorities shall not engage, directly or indirectly, during their term of office, in any occupation or consulting activity, serve as directors or employees of public or private entities, hold public offices of any kind or have direct or indirect interests, in companies operating in the same field of expertise of the national regulatory authority.’
Amendment 994 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The competences and powers of the independent national regulatory authorities or equivalent public bodies, as well as the ways of making them accountable, shall be clearly defined in law. They may include the delegation of specific executive powers, where retained necessary for the application of this Directive.
Amendment 995 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Where Member States shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectivelyassign executive enforcement powers regarding the application of this Directive to independent national regulatory authorities or equivalent public bodies, they shall ensure that such executive enforcement powers are exercised in strict respect of freedoms and rights enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 1004 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Head of amembers of the independent national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authorityequivalent public body, including its Head, may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law. A dismissal decision shall be made public and a, including the corresponding statement of reasons, shall be made availablepublic in an easily accessible and transparent manner.
Amendment 1006 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Member States shall ensure that independent national regulatory authorities have separate annual budgets. The budgets shall be made public in an easily accessible and transparent manner. Member States shall also ensure that independent national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and toexercise the competences assigned to them, including the necessary organization arrangements for enabling their actively participateion in and contributeion to ERGA.
Amendment 1010 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Member States shall ensure that effective, swift and affordable appeal mechanisms exist at national level under which any user or media services provider or video-sharing platform provider who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body. The appeal body shall be independent of the parties involved in the appealagainst any decision of an independent national regulatory authority or equivalent public body. The appeal body shall be independent of the parties involved in the appeal and shall ensure, among others, the respect of the principles laid down in paragraphs 2 and 4.
Amendment 1012 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 1013 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 7 – subparagraph 3
Article 30 – paragraph 7 – subparagraph 3
Amendment 1017 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 2
Article 30 a – paragraph 2
2. It shall be composed of national independent national regulatory authorities in the field of audiovisual media services. They shall be represented by the heads or by nominated high level representatives of the national regulatory authority with primary responsibility for overseeing audiovisual media services, or in cases where there is no national regulatory authority, by other representatives as chosen through their procedures. A Commissionor equivalent public bodies with primary responsibility for overseeing audiovisual media services, in the sense of Article 29. Each independent national regulatory authority or equivalent public body shall appoint a high-level representative to ERGA, who shall be heard by the European Parliament previously to his/her appointment. These representatives shall participate in the group meetingsendeavour to ensure that ERGA carries out its tasks impartially, transparently, and in the best interests of the Union. The Commission shall appoint a senior-level liaison representative to ERGA.
Amendment 1020 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point – -a (new)
Article 30 a – paragraph 3 – point – -a (new)
(-a) to provide strategic inputs to the Commission for its audiovisual media policy, including all stages of the policy cycle;
Amendment 1021 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point b
Article 30 a – paragraph 3 – point b
(b) to advise and assist the Commission as to any matter related to audiovisual media services within the Commission's competence. If justified in order to advise the Commission on certain issues, the group mayWhere possible, ERGA shall consult market participants, consumers and end-users in order to collect, and collect from them the necessary information in order to form its positions;
Amendment 1025 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point d
Article 30 a – paragraph 3 – point d
(d) to cooperate and provide its members with the information necessary for the application of this Directive, in particular as regards Articles 3, and 4 and 7 thereof;
Amendment 1028 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point e
Article 30 a – paragraph 3 – point e
(e) to give opinions, when requested by the Commission, on the issues envisaged in Articles 2(5b), 6a(3), 9(2), 9(4), 13(4) and on any matter relating to audiovisual media services, in particular on the protection of minors and incitement to hatred.";
Amendment 1030 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point e a (new)
Article 30 a – paragraph 3 – point e a (new)
(ea) where necessary, to provide guidelines to its members for the application of any content of this Directive.
Amendment 1031 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 4
Article 30 a – paragraph 4
4. The Commission shall be empowered to adopt, by means of an implementing act, the rules of procedure for ERGA, according to the principles referred to in Article 30 (2), and in paragraph 2, second subparagraph, and covering the tasks referred to in paragraph 3. ERGA shall adopt a code of conduct for its high-level representatives.;
Amendment 1032 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 4 a (new)
Article 30 a – paragraph 4 a (new)
4a. ERGA shall prepare an annual report of its activities, and shall submit it to the European Parliament and to the Commission.
Amendment 1033 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 4 b (new)
Article 30 a – paragraph 4 b (new)
4b. The proceedings of ERGA activities, including agendas and minutes of high-level meetings, and its annual report, shall be made available to the public in an easily accessible and transparent manner, with the exception of duly justified requests of its members for confidential handling of sensitive information.
Amendment 1034 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2010/13/EU
Article 31
Article 31
(22a) Article 31 is replaced by the following: ‘Article 31 In fields which this Directive does not coordinate, it shall not affect the rights and obligations of Member States resulting from existing conventions dealing with telecommunications or broadcasting. (The amendment seeks to amend a provision within the existing act - Article 31 - that was notIn order to clarify any controversies regarding the scope of this provision, Member States may request the opinion of ERGA.’ Or. en referred to in the Commission proposal.)
Amendment 1036 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 1
Article 33 – paragraph 1
The Commission shall monitor Member States' application of the Directive, including its application of co-regulation and self-regulation through codes adopted at national levelnational level codes and equivalent instruments, where adopted.
Amendment 1038 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 2
Article 33 – paragraph 2
By [date – no later than four years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Directive. This report shall include specific sections assessing in detail the actual achievements and difficulties encountered in the field of audiovisual media services regarding: (a) limitation of public exposure to commercial communications, with particular regard to minors and other vulnerable categories and overall respect of this Directive, (b) respect of the internal market rules, (c) all dimensions of pluralism, with particular regard to information, politics and society, (d) effective implementation of public service obligations, (e) removal of barriers to accessibility, (f) application of co-regulation and self-regulation through national level codes and equivalent instruments, where adopted, and the extent to which these tools demonstrate actual capability to achieve the goals of the Directive, (g) operational capability demonstrated by INRAs or equivalent public bodies, (h) operational capability demonstrated by ERGA and by the Contact Committee, (i) more stringent rules established by individual Member States and their application record, (l) the actual implementation by Member States of the provisions concerning the right to reply.