68 Amendments of Zdzisław KRASNODĘBSKI related to 2016/0151(COD)
Amendment 31 #
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions on jurisdiction, in conjunction with national regulatory authorities, upon the Commission's request.
Amendment 55 #
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 children's programmes, with a significant children’s audiencehich should be understood as programmes that are primarily produced for and aimed at children. In particular, evidence shows that product placement and embedded advertisements can affect children’'s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’'s audienceprogrammes. 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 58 #
Proposal for a directive
Recital 19
Recital 19
Amendment 66 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum sharrange of European works and that those are given enough prominence.
Amendment 69 #
Proposal for a directive
Recital 24
Recital 24
Amendment 74 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, where it is demonstrated that those providers typically determine the organisation of the content, namely programmes or user- generated videos, including by automatic means or algorithms. Therefore, those providers, they should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 75 #
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34, which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 99 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act1a aims at enshrining these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 1a COM(2015)615 final.
Amendment 100 #
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38b) The means to achieve accessibility should include, but not be limited to, access services such as sign language interpretation, subtitling for the deaf and hard of hearing, spoken subtitles, audio- description, and easily understandable menu navigation. Audiovisual media service providers should be transparent and proactive in improving such access services for persons with disabilities and for the elderly.
Amendment 126 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
Amendment 129 #
Proposal for a directive
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(7a) The following article is inserted: "Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.";
Amendment 143 #
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 163 #
Proposal for a directive
Article 1 – point 17
Article 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 20 %.
Amendment 347 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Regulatory policy in this sector has to safeguard certain public interests, such as cultural diversity, the right to information, media pluralism, the protection of minors and consumer protection, and to enhance public awareness and media literacy, now and in the future.
Amendment 348 #
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) 'Media literacy' refers to skills, knowledge and understanding that allow consumers to use media effectively and safely. Media-literate people are able to exercise informed choices, understand the nature of content and services and take advantage of the full range of opportunities offered by new communications technologies. They are better able to protect themselves and their families from harmful or offensive material. Therefore the development of media literacy in all sections of society should be promoted and its progress followed closely. Possible measures for promoting media literacy include for example, continuing education of teachers and trainers, specific Internet training aimed at children from a very early age, including sessions open to parents, or organisation of national campaigns aimed at citizens, involving all communications media, to provide information on using the Internet responsibly.
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 - point a a - point i
Article 1 – paragraph 1 - point a a - point i
(i) the service consists of the storage of a large amount of programmes or user- generated videoprogrammes, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point ii
Article 1 – paragraph 1 – point a a – point ii
(ii) the organisation of the stored contentprogrammes is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 376 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a dissociable section thereof is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 385 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Directive 2010/13/EU
Article 1 – paragraph 1 – point b a
Article 1 – paragraph 1 – point b a
Amendment 436 #
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 3 - point c a (new)
Article 2 - paragraph 3 - point c a (new)
(aa) The following point is inserted: ‘(ca) if a media service provider has its head office in a Member State but provides a media service where the majority of audiovisual commercial communications on said service are directed towards the territory of another Member State then the media service in question shall be deemed to be established in the targeted Member State. The target territory of audiovisual commercial communications may be determined by language, any specificities of any licence held by the media service provider, the source of revenue from such communications or any other appropriate means. Disputes between Member States under this provision shall be dealt with under paragraphs 5b & 5c of this Article.’
Amendment 444 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/UE
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. The list shall include information on Member States, to which audiovisual media service is directed and language versions of the service. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 453 #
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. In order to rapidly resolve disputes in instances where two or more Member States have listed simultaneously the same service provider under their jurisdiction, the Commission shall designate the jurisdiction of the Member State applicable to the service provider. 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.
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Directive 2010/13/EU
Article 2 – paragraph 5 b a (new)
Article 2 – paragraph 5 b a (new)
(ba) The following paragraph is inserted: ‘5ba. The Commission shall decide within one month following the notification referred to in paragraph 5b or the opinion provided by ERGA.’
Amendment 479 #
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 12 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, contravened point (a), (b) or (c) of paragraph 2 on at least twoone occasions;
Amendment 483 #
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 c
Article 3 - paragraph 3 - point c
Amendment 486 #
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 e
Article 3 – paragraph 3 – point e
(e) the notifying Member State has respected the rights of defence of the media services provider concerned and, in particular, has given the media services provider the opportunity to express its views on the alleged contraventions and the measures that that Member State intends to take. It shall duly take into account those views as well as the views of the Member State of jurisdiction.
Amendment 487 #
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 e – subparagraph 2
Article 3 – paragraph 3 – point e – subparagraph 2
Amendment 492 #
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. That period shall begin on the day following the receipt of a notification, which provides all necessary information according to paragraphs 2 and 3 (complete notification). The notification shall be considered as complete if, within threewo months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 515 #
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, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.;
Amendment 523 #
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 1 a (new)
Article 4 - paragraph 1 a (new)
Amendment 524 #
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 1 b (new)
Article 4 – paragraph 1 b (new)
‘1b. 'Member States shall inform media service providers under their jurisdiction about more detailed or stricter rules adopted according to paragraph 1 in Member States, to which their service is wholly or mostly received.'
Amendment 527 #
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
Amendment 529 #
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
Amendment 530 #
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 3 – introductory part
Article 4 – paragraph 3 – introductory part
Amendment 531 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a c (new)
Article 1 – paragraph 1 – point 5 – point a c (new)
Directive 2010/13/EU
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) the broadcaster in question has established itself in the Member State having jurisdiction in order to circumvent the stricter rules, in the fields coordinated by this Directive, which would be applicable to it if it were established in the first Member State. (The amendment seeks to amend a provision within the existing act - Article 4, paragraph 3,ac) In Article 4 (3), point b is replaced by the following: (b) the broadcaster in question has infringed more detailed or stricter rules adopted according to paragraph 1 in Member State, to which its service is wholly or mostly received and the audience as a whole or for the most part located in its territory. Or. en point b - that was not referred to in the Commission proposal.)
Amendment 533 #
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
Amendment 534 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Directive 2010/13/EU
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(ba) The following paragraph is inserted: ‘3a. In order to assess if the media service provider infringed rules set in art. 2 paragraph 2 and/or more detailed or stricter rules adopted according to paragraph 1 in Member State, to which its service is wholly or mostly directed, Member States shall oblige media service providers under their jurisdiction to record and store their services for reasonable period of time, at least 2 months.’
Amendment 535 #
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 broadcaster is established of its intention to take such measures while substantiating the grounds on which it bases its assessment;
Amendment 546 #
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 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 32 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification, which provides all necessary information according to paragraph 2, 3 and 4 (complete notification). The notification shall be considered as complete if, within 3 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 570 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2010/13/EU
Article 5 - point d a (new)
Article 5 - point d a (new)
(7a) The following point is added: ‘(da) the details of the media service provider's ownership structure, including information about owners with the most significant share in the provider.’
Amendment 593 #
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 shallmay encourage co- regulation to the extent permitted by their legal systems.
Amendment 597 #
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 shall facilitate the development of Union codes of conduct.
Amendment 601 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
Amendment 609 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
(10) Article 7 is deletedreplaced by the following: ‘Article 7 1. Member States shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with a visual or hearing disability by means of sign language, subtitles, audio-description and easily understandable menu navigation. 2. With regard to the implementation of this Article, Member States shall encourage the development of self- and co-regulatory codes of conduct. The Commission and ERGA shall encourage media service providers to exchange best practices on self-regulatory systems across the Union. 3. By ... [three years after the entry into force of this Directive] and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Article.’;
Amendment 616 #
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 7 a (new)
Article 7 a (new)
(10a) The following article is inserted: 'Article 7a 1. Member States shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with a visual or hearing disability by means of sign language, subtitles, audio-description and easily understandable menu navigation. 2. With regard to the implementation of this Article, Member States shall encourage the development of self- and co-regulatory codes of conduct. The Commission and ERGA shall encourage media service providers to exchange best practices on self-regulatory systems across the Union. 3. By ... [three years after the entry into force of this Directive] and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Article.';
Amendment 639 #
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,programmes of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 669 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;, in particular by making special promotional references to those goods or services;
Amendment 684 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children's audienceproduced as aimed mainly at children.
Amendment 688 #
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 a
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) their content and, their scheduling (in the case of television broadcasting, their scheduling) or placing (in the case of on-demand audiovisual media service) shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider;
Amendment 690 #
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
(b) they shall not directly encourage the purchase or rental of goods or services in particular by making special promotional references to those goods or services;
Amendment 692 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – point b a (new)
Article 11 – paragraph 3 – point b a (new)
‘(ba) they shall not give undue prominence to the product in question;'
Amendment 708 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph -1 (new)
Article 12 – subparagraph -1 (new)
Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.
Amendment 709 #
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 appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme. When such programmes are broadcast in unencoded form Member States shall ensure that they are proceeded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.
Amendment 714 #
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
Amendment 733 #
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 2035% share of European works in their catalogue and ensure prominence of these works.
Amendment 738 #
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 established in other Member States 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 748 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
‘2a. On-demand audiovisual media service providers should make European works clearly visible in their selective catalogue offers.’
Amendment 758 #
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 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
(15a) In Article 16, the following paragraph is inserted: ‘2a. Member States may require broadcasters 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 broadcasters, targeting audiences in their territories, but established in other Member States 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 broadcaster 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 770 #
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 16 a (new)
Article 16 a (new)
(15b) The following article is inserted: ‘Article 16a National regulatory authority of the Member State where the media service provider is established shall provide any necessary information, which is necessary to apply Article 13 paragraph 2 and Article 16 paragraph 2a, to national regulatory authority of targeted Member State on its request.’
Amendment 785 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
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 230 minutes;
Amendment 812 #
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 20 %.
Amendment 869 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a - paragraph 1 a (new)
Article 28 a - paragraph 1 a (new)
(19) The following paragraph is inserted: ‘1a. Member States shall take appropriate measures to ensure that programmes provided by video-sharing platform providers under their jurisdiction, which may impair the physical, mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls.’
Amendment 876 #
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 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraphs 1 and 2 shall be determined by the Member States having jurisdiction over video-sharing platform providers 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.
Amendment 885 #
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
(a) defining and applying in the terms and conditions of the video-sharing platform providers the concepts and definitions adopted by the Member States of incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 962 #
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 28 b a (new)
Article 28 b a (new)
(19a) The following article is inserted: ‘Article 28ba Member States shall ensure that audiovisual video-sharing platform providers under their jurisdiction shall make easily, directly and permanently accessible to the recipients of a service at least the following information: (a) the name of the video-sharing platform provider; (b) the geographical address at which the video-sharing platform provider is established; (c) the details of the video-sharing platform, including its electronic mail address or website, which allow it to be contacted rapidly in a direct and effective manner; (d) the Member State having jurisdiction over the video-sharing platform providers and the competent regulatory authorities or supervisory bodies; (e) the details of the video-sharing platform provider's ownership structure, including information about owners with the most significant share in the provider.’
Amendment 963 #
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 28 b b (new)
Article 28 b b (new)
(19b) The following article is inserted: ‘Article 28bb Member States shall ensure that audiovisual commercial communications provided by video-sharing platform providers under their jurisdiction comply with the requirements set in Article 9 paragraph 1, Article 10 and Article 11.’
Amendment 964 #
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 28 b c (new)
Article 28 b c (new)
(19c) The following article is inserted: ‘Article 28bc 1. Member States shall ensure that video-sharing platform services provided by video-sharing platform providers under their jurisdiction promote, where practicable and by appropriate means access to European works. Such promotion could relate, inter alia to the share and/or prominence of European works in the catalogue of programmes offered by the video-sharing platform service. 2. Member States shall report to the Commission no later [date –no later than three years after adoption] and every 4 years thereafter on the implementation of paragraph 1. 3. The Commission shall, on the basis of the information provided by Member States and of an independent study, report to the European Parliament and to the Council on the application of paragraph 1, taking into account the market and technological developments and the objective of cultural diversity.’
Amendment 1041 #
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, in particular in the light of recent technological developments, the competitiveness of the sector, child protection and levels of media literacy in all Member States.